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01/19/1993 - 4957WILLIAM W. BIIRNS CITY MANAGER COIINCIL MEETING JANIIARY 19, 1993 � � CITYOF FRIDLEY FRIDLEY CITY COUNCIL JANUARY 19, 1993 PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Council Meeting of January 4, 1993 ADOPTION OF AGENDA: OPEN FORUM. VISITORS: (Consideration of Items Not on Agenda - 15 Minutes) PUBLIC HEARING: 1993 Community Development Block Grant Funds and Reallocation o# 1991 and 1992 Block Grant Funds for a Housing J�e� Rehabilitation Program . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 1 C FRIDLEY CITY COUNCIL MEETING OF JANUARY 19. 1993 OLD BUSINESS: First Reading of an Ordinance Amending Chapter 2 and Section 4.04 of the ��'� . Fridle Cit Cha � y y rter (1'abled January 4, � °�� _�� _ 1993) . . . . . . . . . . . . . . . . . . . . . . . . � . . . . 2 2L �� NEW BUStIVESS: Receive an ltem from the Appeals Commission Meeting of October 6, 1992: ...................................... 3-3V A. Variance Request, VAR #92-21, by Robert and Mike Schroer, to Reduce the Rear Yard Setback from 40 Feet to 0 Feet; to Reduce the Number of Required Parking S#alls from 102 to 13; and to lncrease the Maximum Square Footage of a Sign from 80 Square Feet to 120 Square Feet, Generally Located at 7620 University Avenue N.E. Resolution Approving Plat Request, P.S. #92-06, East Ranch Estates Fourth Addition (Robert and Mike Schroer) .................... ��.C�v 1 a �� l Gy � � .� ��-��% . �.r... , ..... 4-4M 2 FRfDLEY CITY COUNCIL MEETING OF JANUARY 19, 1993 NEW BUSINESS (CONTINUEDa: Resolution in Support of an Application for a Minnesota Lawful Gambling Premise 1 ,� . � 1�, � �n � �� Permit to Lion s Club of Fridley . . . . . . . . . . . . . . . . . . . 5 - 5C :� � �� ! ��' Resolution in Support of an Application �� r''�� for a Minnesota Lawful Gambling Premise �� Permit to Totino-Grace High School . . . . . . . . . . . . . . . . . 6 - 6F Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Storm and Sanitary Sewer Repair Project No.242 ................. ) � ��'OAr / � �� ................... 7-7C Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids; Corridor Maintenance Project No. 243 . . . . . . �� ,� � � . .�.�1 .�. . . . . . . 8 - 8B �;.�-°� G,.�� Motion to Approve the Advertisement - for Bids for Well Nos. 2, 6 and 7 . . . . . . . . . . . . . 9 - 9A �� I 3 THE MINIITES OF T8E FRIDLEY CITY COIINCIL ME$TING OF JANIIARY 4, 1993 THE MINIITLS OF THL REGIILAR MFETING OF THE FRIDLEY CITY COIINCIL OF JANIIARY 4, 1993 The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, DECEMBER 14, 1992: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADMINISTRATION OF OATH OF OFFICE TO ELECTED OFFICIALS: William J. Nee, Mayor and Nancy J. Jorgenson Councilmember- at-Larae: Mr. Champa, City Clerk, administered the Oath of Office to Mayor William J. Nee and Nancy J. Jorgenson, Councilmember-at-Large. He extended his congratulations on their re-election and wished them continued success. • Mayor Nee e�cpressed his appreciation to the citizens of Fridley for their confidence in him. He thanked the City staff and members of the Council for their advice and support. Councilwoman Jorgenson stated that it is easier to do her job when the City has such a good staff and a� Council which is pretty amenable in most situations. She stated that she wished to thank the citizens and also her family for being very supportive and allowing her the extra time it takes to do her job as Councilmember-at-Large. She stated that she looked forward to the next four years. ADMINISTRATION OF OATH TO NEW FIREFIGHTERS: Mr. McKusick, Fire Chief, introduced two new paid on-call firefighters for the City of Fridley, Mr. Matthew Field and Mr. Ronald Larson. He stated that Mr. Fi ld is currently a full-time firefighter with the City of Columbia Heights. He stated that Mr. Larson is a four-year member of the Columbia Heights Fire Department. He recently moved to Fridley and lives next door to Fire Station No. 3. He stated that both of t ese gentlemen come from the Columbia Heights Fire Department wit which the City of Fridley works very closely. �, Mr. McKusick administered the oath to thel new firefighters, Mr. Field and Mr. Larson. Deputy Chief Larson �resented them with their badges. Mayor Nee and the Council members welcomed th�se firefighters to the City of Fridley. I ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt t�e genda as submitted. Seconded by Councilwoman Jorgenson. Upon a vo'ce vote, all voting aye, Mayor Nee declared the motion carried una imously. OPEN FORUM, VISITORS: IIATlI D�DYTU�_�� Ms. Edith Chesley, 564 Rice Creek Terrace, pre: remove the "no parking" signs on the south Terrace from 68th Avenue to Central Avenue. � residents believe the parking restrictions are access to Rice Creek Terrace is restricted at She stated that the traffic volume is low and 1� an unnecessary burden on residents, families, �nted a petition to ide of Rice Creek he stated that the tnnecessary because University Avenue. niting parking puts �nd guests. MOTION by Counci�.man Billings to receive Pe ition No. 1-1993. Seconded by Councilman Schneider. Upon a voi e vote, all voting aye, Mayor Nee declared the motion carried una imously. Councilman Billings asked the reason for the "�o parking" signs. Mr. Flora, Public Works Director, stated that Rice Creek Terrace is.a collector street, it is designated as a M nicipal State Aide (MSA) street and has to be constructed to the proper width and signed to meet MSA standards. He stated that a 38 foot wide street is required in order to allow parking on both ides. Councilman Billings asked what action would allow parking on both sides of the street. Mr. Flora stated that the City could petiti Department for a variance to their rules. Councilwoman Jorgenson asked if the MSA de; removed. to be taken to the State. Highway tion could be FRIDLBY CITY COIINCIL MEETING OF JANUARY 4� 1993 PAG$ 3 Mr. Flora stated that this designation could be removed, but the City would have to return any funds for the street reconstruction back to the State. Councilman Schneider stated that the street has been a collector street and not posted for "no parking." Now since it has been resurfaced, it has to be posted for "no parking" on one side. He questioned why this was necessary. Mr. �'lora stated that no MSA funds were previausly expended for this street, and this is the first time it has been built to MSA standards. He stated that if MSA funds are used to defray the cost of the improvement, it is necessary to install the signs to limit parking to one side of the street. Councilwoman Jorgenson stated that there was a considerable amount of discussion regarding parking on one side of the street at the public information meetings and suggested checking if the persons who signed the petition had attended these meetings. Councilman Billings asked if there is a period of time the City must keep the MSA designation in order to retain the funds for the improvement. Mr. Flora stated that after twenty-five years the MSA designation could be removed, and the City would not have to pay any penalty for using the MSA funsls. Councilman Billings stated that he would like the Engineering Departmez�t to submit a list of alternatives on how the City could implement the wishes of the petitioners. Councilwoman Jorgenson stated that she would also like to know the cost� and penalties if the City considered removing the MSA designation for this street. . Councilman Schneider stated that the MSA requiremen.ts are really not clear to the residents and once the "no parking�� signs are installed, there is no place to park. He felt that the streets should be constructed for purposes of helping the residents and the process of using MSA funds hurts them. �He stated that the City's job is not to spend all the funds that are availabl'e but to make sure the residents like living in Fridley. He stated that the streets have worked fine for twenty to thirty years. He questioned the justification to imposition the residents. Councilwoman Jorgenson stated that the issue of "no parking" on one side of the street needs to be made perfectly clear at the time of the street improvement. Mr. Flora stated that this issue was clear in the notices and letters serit out. Mayor Nee stated that the Council would wait on this issue. Councilman Billings thanked Ms. Chesley for br to the Council's attention. OLD BUSINESS' l. REHABILITATION PROGRAM: a reply from staff ing this problem MOTION by Councilraan Schneider to reschedule th ' public hearing for the 1993 Community Development Block Grant Fun s and Reallocation of 1991 and 1992 Block Grants Funds to the Janu ry 19, 1993 Council meeting. Seconded by Councilwoman Jorgenson. IUpon a voice vote, all voting aye, Mayor Nee declared the motion c�arried unanimou'sly. NEW BUSINESS• 2. SECTION 4.04 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manager, state at their December 14, 1992 meeting, conducted these proposed amendments to Chapter 2 of the deals with City Council organization. He state was the different way of filling vacancies o� occur mid-term. He stated that it would bE Council to conduct the first reading of the oY Councilman Billings stated that at the publi< discussion on several items. He stated that and other obligations, he was not able to thorough investigation. He stated that this c an unanimous vote, and he felt, at this point, and would like additional time to review the x MOTION by Councilman Billings to table this 1993. Seconded by Councilman Fitzpatrick. l that �he Council, � public hearing on City Chartex which that the main item the Council which in order for the hearing. there was ue to the holidays �ive this issue a dinance wouZd need this may not occur oposed amendments. tem to January 19, Councilman Billings stated that he did not wanit to send a message to the Charter Commission that the Council does� not appreciate the work they have done. He stated that the Ch rter Commission is doing a tremendous job, but more than anythi g else he wants to meet with Council members and draft a letter ully explaining to the Commission the feelings of the Council reg�rding this issue. Councilman Schneider stated that he was prepa�ed to vote against the proposed amendments. He stated that Ithere is a major FRIDLEY CITY COIINCIL MEETING OF JANUARY 4,. 1993 PAGE 5 philosophical disagreement, and it is not that he does not appreciate the work of the Charter Commission. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 3. RESOI,UTTON NO. 1-1993 APPROVING AND AUTHORIZING SIGNING AN AGREEMENT ESTABLISHING WORKING CONDITIONS, WAGES AND HOURS OF EMPLOYEES OF THE CITY OF FRIDLEY POLICE DEPARTMENT FOR THE YEAR 1993• Mr. Hunt, Assistant to the City Manager, stated that the City staff has negotiated an agreement with Law Enforcement Labor Services which is the Union representing the Police Officers. He stated that the agreement involves a three percent increase in wages, a maximum insurance contribution of $295.00 per month for family coverage and $205.00 per month for single coverage. He stated that there is also a differential pay change from $150.00 to $180.00 per month for Corporal. He stated that all of these changes are within the guidelines approved by the Council, and he recommended this resolution be adopted. MOTION by Councilman Fitzpatrick to adopt Resolution No. 1-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the moti+on carried unanimously. 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF DECEMBER 16, 1992: A. SPECIAL USE PERMIT REOUEST, SP #92-12, BY WILLAMETTE INDUSTRIES INC TO ALLOW EXTERIOR STORAGE OF MATERIALS EQUIPMENT OR MOTOR VEHICLES INCIDENTAL TO THE PRINCIPAL OPER.ATION OF THE USE ON LOT 2, BLOCK 1, NORTHCO BUSINESS PARK 3RD ADDITION GENERALLY LOCATED AT 350 N�RTHCO DRIVE N E• Ms. Dacy, Community Development Director, stated that this property is zoned M-2 and is part of the Northco Industrial Park. She stated that Willamette Industries is requesting a special use permit for outdoor storage. She stated that what is proposed is creation of a parking lot south of the building and installation of landscaping north of 71st Avenue. Ms. Dacy stated that Willamette Industries would like additional parking for trailers, would construct an eight foot fence along the south side of the building, and install additional landscaping. She stated that the Planning Commission unanimously recommended approval of this special use permit with eight stipulations. She noted that one of the stipulations allows the outdoor storage of dropped loaded trailers waiting for customer pick-up, or empty trailers waiting to be filled with finished products. Mr. Suda, Plant Manager for Willamette Indu�tries, stated that rather than a B618 curb they would like to in�tall a curb with an angle to reduce chipping during snow plowing. Mr. Flora, Public Works Director, stated tl City's standard to install a B618 curb for cor that since this would be a private parking lc problem with the other curb design although plowing problems for the property owner. Ae Northco plat was developed, the City was told l 71st Avenue would not be used. He stated th is necessary on 71st Avenue, the property own to any costs associated with the improvement. Mayor Nee asked Mr. Flora if he felt it precedent if another type curb was allowed. �t it has been the �istency. He stated , he did not have a it may create some tated that when the � the developer that t if an improvement rs would be subject ld be setting a Mr. Flora stated that he believed others may ma e a similar request since it is less costly, but because the urb is on private property and they maintain a barrier with the landscaping, he did not see any problem. i MOTION by Councilman Fitzpatrick to grant : Request, SP #92-12, with the following stipi special use permit is to allow the outdoor loaded trailers waiting for customer pick-up, waiting to be filled with finished products; shall submit a revised plan extending the eic north and west along the parking area; (3) t� submit a$5,000 performance bond to cover the o prior to construction; (4) the petitioner sha: landscape plan prior to construction indicatii and six Red Twig dogwood shrubs along the west : from 71st Avenue; (5) the parking area shall with B618 curb and gutter or .a staff-approved petitioner shall submit calculations for the c reviewed and approved by the Engineering DE commencement of construction; (7) the petitione� water pond maintenance agreement prior to constz petitioner shall provide a detail of the propos seconded by Councilwoman Jorgenson. � Councilman Billings stated that the build� desolate from University Avenue. He asked landscaping. Ms. Dacy stated that one of the stipulations is 1 along the northwest alignment to reduce the vi tracks and storage activity. She stated that additional landscaping on the west side of t stated that they are hampered on the height of to the overhead power lines on 71st Avenue. �pecial Use Permit .lations: (1) the storage of dropped or emp�y trailers (2) the petitioner ht foot wood fence e petitioner shall xtdoor improvements 1 submit a revised g three Amur Maple ide of the driveway be paved and 1 ined alternate; (6) the etached pond to be partment prior to � shall sigh a storm uction; and (8) the �d pond's spillway. looks stark and >ut the proposed :o orient the fence :w of the railroad �here also will be ze driveway. She the vegetation due FRIDLEY CITY COIINCIL MEETING OF JANQARY 4 1993 PAGE 7 UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motior� carried unanimously. 5. APPROVAL OF EASEMENT ENCROACHMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND EAST RANCH ESTATES• Ms. Dacy, Community Develop�reent Director, stated that during the title search for Bob's Produce's plat two additional easements we�e discovered. She stated it was determined that a portion of the proposed addition encroaches into these two easements. She stated that with the discovery of thes� two easements a building permit could not be issued. Ms. Dacy stated that an encroachment easement agreement is submitted for the Council's consideration to allow the petitioner to encroach into the easement subject to the petitioner completing the easement vacation process. She stated that the proposed addition to the building encroaches on the north side by 8 feet into to a 10 foot easement and 12 feet on the east portion into a 50 foot street and utility easement. Ms. Dacy stated that it is recommended that Council approve this agreement for the easement encroachment. She stated that there is one correction in this agreement on Page One, the fifth "Whereas," third line, the 8 feet should be changed to T2 feet. MOTION by Councilman Fitzpatrick to approve this agreement for the easement encroachment, with the above change recommended by staff. Seconded by Councilwoman Jorgenson. Councilman Billings stated that with this type of an agreement, the City usually requests a hold harmless agreement and in this particular agreement, it is exaetly opposite. He stated that this agreement has not been processed through the Planning Commission for vacation of the easements.and the utility companies have not been notified. He questioned the City's position if the agreement is approved, the building is constructed, and it is found there are utilities underground. Ms. Dacy stated that the easement in question would be the 50 foot street and utility easement requested by�the City. She stated that the street portion of the 50 foot easement is not necessary. She stated that in terms of the utilities, she is not sure why the entire easement would be needed because the sewer line does not come close to the proposed addition. 5he stated that the other easement which is ten feet along the original lot line is a typical ten foot easement, the only utility is the overhead electrical, and this would have to be addressed by Lyndale Garden Center when they construct their new building. She stated that staff felt comfortable with the amount of easement for the existing utilities and the petitioner will proceed ta vacate that portion of the utility easement affected by the encroachment. Councilman Billings stated that this is the ame development that was submitted to the Council on several occa�sions due to changes made to the plat. � Ms. Dacy stated that there was a revised plan as Lyndale Garden Center decided to purchase their part of e development which necessitated a change in regard to the lot line between the two buildings. � � Councilman Billings stated he has concerns t�hat other issues may come to light as the project progresses. � Councilman Schneider stated that there are so many things being found with this parcel. He a,sked if th's agreement for the easement encroachment was drafted by the Cit�i Attorney�s office. Ms. Dacy stated that staff requested the la�r firm of Barna, Guzy and Steffen, Ltd. to prepare the agreement. � Councilman Schneider stated the agreement plovides that the City will not disturb the impravements and, norm�lly, it is the other way around. He stated that if there is somelreason the City needs access, he felt the City is liable. Ms. Dacy stated that it was not staff's responsibility. Mr. Herrick, City Attorney, stated that he this document. He felt that perhaps the this issue. to take on that i not personally draft itioner could address Mr. Mike Schroer, the petitioner, stated hat the agreement is necessary for the bank and Small Business Administration.� He stated that if they do not have this agree ent the SBA wi1? not approve the loan. _ Ms. Dacy stated that the Council is under no obligation to approve the agreement. She stated that it is not th intent to circumvent the Planning Commission. She stated that st ff fe2t the agreement was appropriate based on the available info ation. Mr. Schroer stated that a hold harmless c�lause would create a problem with their financing. ,� Councilman Billings questioned where the e sements proceed once they leave this parcel or if they were con ined to the site. He asked Y�ow it may affect any other property o ners if the easements were vacated. Ms. Dacy stated that the easements were to ally cor►fined to this site, and no other property owners woul be affected by the vacation of the easements. FRIDLEY CITY COIINCIL MESTING OF JANUARY 4. 1993 PAGE 9 Councilman Schneider questioned why �any action had to be taken this evening if the encroachment is on a"paper easement." Councilman Billings stated that from his knowledge of real estate transactions, the Small Business Administration is saying until the easement is vacated it does not belong to the petitioner, and the petitioner wants the City to state they can have the easement. Councilman Schneider asked if this agreement would become null and void once the easements were vacated. Ms . Dacy stated that was correct, and the agreement would be in force only until the easements were officially vacated. Councilman Billings stated that because there are power lines in the ten foot easement running north/south, it is possible this vacation may not be approved. He stated that if this happens and the ten foot easement is not vacated, but the 50 foot street easement is vacated, this would not have an impact on this particular agreement. Mr. Flora stated�that if Northern States Power has to relocate the power lines they would obtain another easement. Mr. Schroer stated that there is an easement on the far w�est side of Lyndale Garden Center if .the power lines would have to be relocated. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION FOR APPROVAL OF THE AGREEMENT FOR THE EASEMENT ENCROACHMENT, all voted aye, and Mayor Nee declared t�e motion carried unanimously. 6. RESOLUTION NO. 2-1993 IMPOSING LOAD LIMITS ON PUBLIC STREETS AND HIGHWAYS IN THE CITY OF FRIDLEY, MINNESOTA: MOTION by Councilman Schneider to adopt Resolution No. 2-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. 1993 CITY COUNCIL APPOINTMENTS TO VARIOUS AGENCIE5: AND � LIST OF COMMISSION MEMBERS WHOSE TERMS EXPIRE APRIL 1 1993 AND JUNE 9, 1993• MOTION by Councilman Billings to table the Commission appointments and request staff to determine if those members whose t�rms expire this year are interested in reappointment. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The following City Council appointments were made to various agencies: FRIDLEY CITY COIINCIL MEETING OF JANUARY 4 199'3 PAG$ 10 Mayor Pro Tem: MOTION by Councilman Fitzpatrick to nominate Councilman Schneider for reappointment as Mayor Pro Tem for 1993. Seconded by Councilman BilZings. There being no further nominations, the nominations were closed by Mayor Nee and an unanimous ballot was cast for the reappointment of Councilman Schneider as Mayor Pro Tem for 1993. Anoka Countv Law Enforcement Council 11 Rebresentative and 1 Alternate�• MOTION by Councilman Billings to nominate Councilwoman Jorgenson as Representative and Councilman Schneider as Alternate. There being no further nominations, the nominations Mayor Nee and an unanimous ballot was cast for the of Councilwoman Jorgenson and Councilman Schneider County Law Enforcement Council. Suburban Rate Authoritv (1 Member and 1 Alternate)• were closed by reappointment to the Anaka MOTION by Councilman Fitzpatrick to nominate John Flora, Public Works Director, as Representative and Scott Erickson, Assistant Public Works Director, as Alternate. There being no further nominations, the nominations were closed by Mayor Nee and an unanimous ballot was cast for the reappointment of John Flora and Scott Erickson to the Suburban Rate Authority. Association of Metropolitan Municipalities• MOTION by Councilman Schneider to nominate Councilwoman Jorgenson as Delegate and Councilman Fitzpatrick as Alternate. There being no further nominations, the nominations were closed by Mayor Nee and an unanimous ballot was cast for the appointment of Councilwoman Jorgenson as Delegate and Councilman Fitzpatrick as Alternate to the Association of Metropo�itan Municipalities. School District #14 and School District #13 Re�resentative• Councilwoman Jorgenson stated that School Districts 13 and 14 Community Education Programs are now combined so only one representative would be needed to this committee. MOTION by Councilman Schneider to nominate Councilwoman Jorgenson as Representative and Councilman Schneider as Alternate. FRIDLEY CITY COIINCIL MEETINQ OF JANUARY 4. 1993 PAGB 11 There being no further nominations, the nominations were closed by Mayor Nee and an unanimous ballot was cast for the appointment of Councilwoman Jorgenson as Representative and Councilman Schneider as Alternate to School Districts #13 and #14. School District #16 Representative: MOTION by Councilwoman Jorgenson to nominate Councilman Billings as Representative and Councilman Schneider as Alternate. There being no further nominations, the nominations were closed by Mayor Nee and an unanimous ballot was cast for the appointment of Councilman Billings as Representative and Councilman Schneider as Alternate to School District #16. League of Minnesota Cities: MOTION by Councilman Billings to nominate Councilman Fitzpatrick as Representative and Councilman Schneider as Alternate. There being no further nominations, the nominations were closed by Mayor Nee and an unanimous ballot was cast for the reappointment of Councilman Fitzpatrick as Representative and Councilman Schneider as Alternate to the League of Minnesota Cities. North Metro Convention & Tourism Bureau: MOTION by Councilman Schneider to nominate William Hunt, Assistant to the City Manager. There being no further nominations, the nominations were closed by Mayor Nee and an unanimous ballot was cast for the reappointment of William Hunt to the North Metro Convention & Tourism Bureau. 8. APPROVAL OF DISPOSITION 4F TAX FORFEIT PROPERTIES IN THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that the Council has received a recommendation to sell tax forfeit properties within the City. He stated it is requested that the original recommendation be changed and that properties 33, 34, 35, 36, �and 37 be sold, but to eliminate properties 38, 39, 40 and 41 from this sale, as the City wishes to evaluate their use of the properties for public purposes. MOTION by Councilman Schneider to approve the disposition of tax forfeit properties identified as Nos. 33, 34, 35, 36 and 37. Seconded by Councilwoman Jorgenson. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to advise Anoka County that tax forfeit properties identified as Nos. 38, 39, 40 and 41 be held to FRIDL$Y CITY COIINCIL MEETING OF JANQARY 4, 1993 PAGB 12 be evaluated regarding their use for public purposes. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RESOLUTION NO. 3-1993 DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO THE SUBURBAN RATE AUTHORITY: MOTION by Councilman Schneider to adopt Resolution No. 3-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unahimously. 10. RESOLUTION NO. 4-1993 DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 1993• Mr. Pribyl, Finance Director, requested that the Focus News be designated as the City's official newspaper, and that the Star Tribune be designated as an alternate. MOTION by Councilwoman Jorgenson to adopt Resolution No. 4-1993. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 11. RESOLUTION NO. 5-1993 DESIGNATING OFFICII�.L DEPOSITORIES AND SAFE DEPOSIT ACCESS FOR THE CITY OF FRIDI,F'Y• Mr. Pribyl, Finance Director, stated that this resolution designates Fridley State Bank as the City's official depository and lists those authorized to sign checks on behalf of the City. He stated that the three officials authorized to sign checks are Richard Pribyl, William Burns, and Howard Koolick. Mr. Pribyl stated that he has reviewed the services provided by Fridley State Bank and, at this time, it does not seem to be beneficial for the City to solicit for bankinq services. He stated that over the last five or six years the City's activity has actually been�a loss for the bank. Mayor Nee asked about the facsimile signatures and liability. Mr. Pribyl stated that this resolution has been approved in this format for about twelve years and was probably provided by the banking institutions. He stated that the facsimile deals with the City's signature name plate. He stated that it is the bank's responsibility to verify signatures, and if someone� forges a signature it is the bank's problem. - Mr. Herrick, City Attorney, stated that by using the facsimile signature the City incurs some risk, but it is convenient to have the facsimile. He stated that there is a case pending where a FRIDLEY CITY COLTNCIL MEETING OF JANQARY 4 1993 PAaB 13 facsimile signature was either misused or misappropriated by an employee of a City, and the bank took the position they had no liability. He felt that if this went to court the bank would win the case. MOTION by Councilman Schneider to adopt Resolution No. 5-1993. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson asked when the automatic deposit system is placed into operation if employees have to use Fridley State Bank or if they could deposit at other banks. Mr. Pribyl stated they can use any bank that is part of the Federal wiring system. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 12. APPOINTMENT OF CHAIRPERSON TO THE PLANNING COMMISSION: Mayor Nee stated that the Council has received Don Betzold's resignation as Chairperson of the Planning Commission, and he requested nominations to fill this unexpired term. MOTION by Councilman Billings to appoint David Newman to fill the unexpired term of Don Betzold as Chairperson of the•Planning Commission to April l, 1994. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 14. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 46969 through 47220. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . 15. ESTIMATES• MOTION by Councilman Schneider to submitted: approve the estimates as FRIDLEY CITY COIINCIL MEETING OF JANUARY 4. 1993 PAGE 14 Northwest Asphalt 1451 County Road 18 Shakopee, MN 55379 1992 Street Improvement Project No. ST. 1992 - 1& 2 Estimate No. 6 . . . . . . . . . . . . . . . $44,497.80 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of January 4, 1993 adjourned at 9:05 p.m. Respectfully submitted, Carole M. Haddad William J. Nee Secretary to the City Council Mayor - Approved: 0 0 I _ � Community Development Department PI,ANNING DIVISION City of Fridley DATE: January 14, 1993 � TO: William Burns, City Manager� � • FROM: SIIBJECT: Barbara Dacy, Community Development Director Lisa Campbell, Planning Associate . 1993 Community Development Block Grant (CDBG) Application � February 26, 1993, is the Anoka County deadline for submission of the 1993 Community Development Block Grant application. On January 4, 1993, the Council established a public hearing for January 19, 1993. At this time, Anoka County Community Development Manager, �J ann O. Wright has indicated that the City of Fridley's 1993 location will be approximately $103,000.. Staff recommends the following distribution of the 1993 CDBG funds: Y 1993 Proposed CDBG Funding Allocation Fund Balance Administration Fee $ 1,000 $102,000 Housing Rehabilitation (70%) $71,400 $ 30,600 Human Services . � � $30,600 -0- In addition to the 1993 allocation, stafF recommends that the 1991 and 1992 Riverview Heights Park fund balances be reallocated to housing rehabilitation. The 1991 and 1992 fund balances are �/ $43,677.43 and $35,053.00 respectively. Once these monies are reallocated, there will be $150,130.43 available for housing rehab. The resulting fund balances are given below: 1 1993 Community Develop�ent Block Grant Application January 14, 1993 Page 2 1g91-92 Reallocation Plus 1993 CDBG Proposed Funding Allocations Administrative Fee $ 1,000.00 Housing Rehabilitation $150,130.43 (1993 CDBG and 1991 and 1992 Reallocation) Human Services $ 30,600.00 The Human Resources Commission concurred with the proposed ✓ distribution at its January 7, 1993, meeting. Staff recommends that this funding proposal be approved bg the City Council. At its joint meeting on January 9, 1993, the City Council and HRA posed several questions about the Housing Rehabilitation program. The attached memo answers those questions. Anoka County Community Action Program will be administering the Housing Rehabilitation Program, and a representative will be at the January 19, 1993, meeting. LC:ls M-93-14 1A / � � — � DATE: TO: FROM: Community Development Department PLANNING DIVISION City of Fridley January 14, 1993 William Burns, City Manager Barbara Dacy, Community Development Director SUBJECT: Questions from the Joint City Council/HRA Meeting Regarding the Community Development Block Grant Program The City Council and the HRA had four questions regarding various aspects of the Community Development Block Grant Housing Rehabilitation Program: 1. 2. � Does the CDBG program pay for e�cpenses to repaint the exterior of homes? Lori Knepper from the Anoka County Community Action Program advised me that "peeling paint" is an eligible expense. In fact, if the appearance of the paint is severe, then ACCAP typically requires that-the house be resided. Further, if the exterior materials of the home will not hold the paint any longer because of age, siding is recommended in that case as well. If the City were to enact its own housing rehabilitation program, would it have to abide by a first-come, first-serve policy? JoAnn Wright from Anoka County stated that the "first-come, first-serve policy" is not mandatory. She suggested the City identify target areas. Further, she suggested that the City create a"memorandum of understanding" between the City, Anoka County, and ACCAP regarding the City's specific program requirements. Is there County housing rehabilitation monies beyond the City's housing rehabilitation program? About $84,000 per year is allocated to Area One communities from Anoka County. The communities include Anoka, Blaine, Coon Rapids, and Fridley. JoAnn Wright advised that if an application from a Fridley resident is received which is not l L-: � CDBG Questions January 14, 1993 Page 2 in a Fridley target area, they would fund that application. If an application is received within a Fridley target area, the resident would have to apply through the Fridley program. If the City's program allocations were expended by the end of the year, rehabilitation applications would be funded out of the Planning Area One allocation. 4. Should a homeowner choose to sell the home and therefore the money granted to them is returned back to the program, can the City receive credit for those monies and in essence create a revolving loan fund? JoAnn Wright advised that a revolving loan fund can be created from Fridley program participants, but the monies must�be used for the same housing rehabilitation program. BD/dn M-93-20 1C �', _ ; � C[TYOF � FRIDLEY, MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-12$7 Memo to: William W. Burns, From: Subj@Ct: Date: ��. Citp Manaqer /�i' ; William C. Hunt Assistant to the City Manager William C. Hunt, Assistant to the City Manaqer First Readinq of ordinance Amendinq.Chapter 2 Section 4.04 of the Fridley City Charter January 5, 1993 � L a l� 4- and At last night's meeting of the Fridley City Council this item was tabled to the next meeting. �It would be in order to present the matter to the Council for consideration at their meeting of January 19, 1993. Once again, I am attaching copies of the amendment in both legislative form and final form for ease of� consideration. WCH/jb 0 F1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 AND 3ECTION 4.04 OF THE FR�DLEY CITY CHARTER. The City Council oi the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: � CHAPTER 2 . . ... .. . . . CITY COUNCIL ORGANIZATION Section 2.01 COUNCIL-MANAGER PLAN IMPLEMENTATION 1. The form of government established by this Charter shall be known as the "Council-Manager Plan.-" pursuant to Minnesota Statutes. COMMENT: CLARIFIES THE SOORCE OF.THE ��COUNCIL-MANAGER PLAN,�� 2. Al•1 discretionary powers of the City, both legislative and executive, shall vest in and be exercised by the City Council.. It shall have complete control over the City administration, but shall exercise this control exclusively through the City Manager and shall not itself, attempt to perform any administrative we�l� duties. - -- .. 3. The Council shall �'�e�f�-, �--a �'��" perform the duties and exercise the powers of all �ee�� Citv boards and commissions except as �� otherwise provided bv statute or by this charter. It may�re�-.:�c►=e� � by ordinance create commissions with advisory powers to investigate any subject of interest to the municipality. 4. The Council shall have power to make investigations into the City's affairs, to subpoena witnesses,.administer oaths, and compel the production of books, papers and other e�a�-�� evidence. The Council may at any time provide for an examination or audit of the accounts of any office or department of the City government, or it may cause to be made any survey or research study of any problem affecting the City or its inhabitants. Each such investigation shall be authorized by resolution of the Council. COMMENT: MOVED FROM PRESENT SECTION 2.08.01. E%PANDS THE ABILITY OF THE COtJNCIL TO REQIIIRE PRODIICTION OF NONDOCIIMENTARY ' EVIDENCE. 2A 5. Any member of the Council may request in writing any specific information relating to any department via the City Manager. The City Manager shall respond in writing within a reasonable period of time. (Ref. Ord. 592) COMMENT: MOVED FROM PRESENT SBCTION 2.08.02. 6. Except for the purpose of inquiry, the Council and its members shall deal with and control the administrative services solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. COMMENT: MOVED FROM PRESENT SECTION 2.09 Section 2.8-�02. ELECTIVE OFFICERS l. The Council shall be composed af a Mayor and four (4) Councilmembers who shall be eligible voters. 2. The Mayor shall be elected at large €e� in each United States presidential election year to a�P?� e€-�e� �3; lp�n4; . ��e�9P^8�'Z�L�: .� : G��'�� Pr'1�—�r-_ns�=ri = � aTgr= 1 ' term of four (4) years. �-3. One (1) Councilmember shall be elected at large in each United States presidential election year to �€e? ?�� __: _�` L��-_-=-r3} �-E'��Pxrs#r- t��i@-�i-�9�-9�t�2-Ee�Hi��E'�.--�t T-••=�- �.,.a.._.. i �6d`A--�%}--j��i�9 &9 'C'kkti'��Rt�'"..._.,�_r....,�E-�9�.�� . 1-3%-��.. , n n -� ...�}--e�o��6��--�' > ��,. �l�ea£� .��.. _ .,._ __ _ --- �n.a��IT � a i r - e�e e�e�--�e-�re--e� e�-e�€�e�e��e� � � - �-?��-4h ? ?-a ?�? e�ee�ee�-€o� a term of four (4) years. 3-:4. Three (3) Councilmembers shall be elected fe�-�e-�s-ei }—�� in each Minnesota gubernatorial election year from three (3) separate Wards of The City, , . �d�,. �w � ,.�... w.., , ti.. .�....._.., ,... �.�--_�.,. ___� ., . ��te��s�T�e t-�e-�� -, : -. . ' . . � n c o mi.. .. �+.-;,....... ;�fl2�9 �i°6�1�9�-�'�9 .�--criz�-�'�'A . 3' 9:au �ri-�ni. rrsa�—rnccvurxc..T �E��a , •, c � � �c?�--�6i`---�Eia3ilS 9z`—`�i rE . Fe'3itRiHi3'E'��?��i@'-'�,• .. •.• ' n n n ... �-@i��^�e'�-�c£r��az�izLr`� �e--�e�se��e�ee�ec�--te-s��re�es-e€-�e��te�nte�e� €e��a�na E6�lii�3ii�Ei�a...... T.,.....a -, 9ti•.•rau'si-'"n@-��E�'��-�9i`-t�-�Ei°itt t0 t@l:'ffiS of four (4) years each, e�e�-€e�-�ea��e-�ea€� , n�........ : L... �.. T.7.. .�.] �1 L. w 1 1 1. J- .. �..... �. F 6�—cvar�rHtiPri;...�.� f-9i--R�rru—�9nurru�E-�@G�—�9i=��cria v-r � COMMENTB: SECTIONS 2.03.04 AND 2.03.05 MOVED TO NEW SECTION 2.04. 6-:5. The term of Mayor and of each Councilmember shall begin on the first c��;asi-�� day L`�- -L` of January following their election to office and shall end on December 31 of the last vear of the term. The incumbent may remain in office until �ker� a successor has been duly- �, -�`-a ��a '�� qualified and accepts the office. The first order of business at the first official Council meeting in each January that follows an election year shall be the swearing in of the newly elected members of the Council. COMMENT: CHANGES THE TIMES WHEN TERMS BEGIN AND END. 6. The Council shall be the judge of the election of its members. COMMENT: SECTIONS 2.03.07 AND 2.03.08 MOVED TO NEW SECTION 2.04. SECTION 2.04 MOVED TO 1JEW SECTION 2.05. SECTION 2.05 MOVED TO NEW SECTION 2.06. Section 2.6603 THE MAYOR 1. The Mayor shall be the presiding officer of the Council, except that a. mayor pro tem shall be chosen from the remaining Councilmembers to `--" -`�=�- serve at the pleasure of the Council, who shall act as Mayor in case of the Mayor's temporary disability or absence from the City. COMMENT: CORRECT3 THE TITLE OF THE MAYOR PRO TEM AND SPECIFIES � THAT.THE APPOINTMENT IS ONLY FOR THE TEMPORARY ABSENCE OR DISABILITY OF THE MAYOR. 2. The Mayor shall uote as a member of the Council. 3. The Mayor shall exercise all powers and perform all duties conferred and imposed by this Charter, the ordinances of the City and the laws of the'State. 4. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. COMMENT: THE F.OLLOWING SENTENCE IN 2.06 MOVED TO NEW 2.01.07. 5. At the direction of the Council �the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. 6. In time of public danger or emergency the Mayor may, --' �� -- ��rs ��e�, take command of the police, maintain order and enforce the law. Council consent shall be obtained when practicable. ZC COMMENT: REVISED TO ALLOW MAYOR TO TARi; CONTROL IN TIME OF EMERGENCY WITHOIIT FIRBT BAVING TO SEER COIINCIL APPROVAL. Section 2.04 WARD COUNCILMEMBERS 1. The City is divided into three (3) separate election Wards designated as `-'�T Ward 1, Ward 2, and Ward 3. . -- , - . s� ��e-t�T--:r=-e��-s� ��-e� e-�ee�� 9�-icre`�-�F6—i- QZ .T" 1;..`TrG�-7 . � . � . COMMENT: REVI3ED FROM.PRESENT SECTION 2.03.04 2. ,�e A Ward Councilmember e�-ee�ee�--€�e��e� must be a resident of such ward. ,. i.. .. � � v �, E--a--irzei,�43-�i,G��-.., a. ti. .. ,. F a ; �c��6i3-itG-��il� ^ c......., ,�i.. r ��g-��t�e-�e�-: If the Ward Councilmember ceases to be a resident of the ward, � then that office shall be declared vacant. However, a change in ward boundaries during the term of__ office shaTl not disqualify the Gouncilmember from completing the term. COMMENT: REVISED FROM PRESENT SECTION 2.03.05. 3. The boundaries of the three (3) wards shall be redetermined from time to time by ordinances duly ado.pted by the Council and after each decennial census of the United States, and based on the findings of the Council that the wards so redetermined are sueh that the population of any ward shall not deviate by more than three percent (30) from the average of the three (3) wards. COMMENT: MOVED FROM PRESENT SECTION 2.03.07 4. . s��'n-re�e�e�n-i�re-�ta-ia '�-•�-a �s. m�s The redetermination of ward boundaries shall be accomplished within the deadlines established by Minnesota law. If no deadlines are established by law, then redistricting must be completed no less thari one hundred {100) days prior to the legally determined date of the municipal primary of the year ending in the digit two (2), and if the Council shall fail to do so their remuneration shall be forfeited until the wards of the City are duly redetermined as required by this Charter. ZQ COMMENT: MOVED FROM PRESENT SECTION 2.03.08 Section 2.8�4 05. DISQUALIFICATION FOR APPOINTIVE OFFICE No incumbent member of the Council shall be appointed acting or permanent City Manager, nor shall. any member hold any other paid municipal office or employment under the City; and tantil A�_ �� no former member shall be appointed to any paid office or employment. under the City until one (1) year after leaving office. COMMENT: THIS CLARIFIES THE DISQUALIFICATION3 OF CITY COUNCILMEMBERS FROM BEING EMPLOYED BY TiiE CITY. Section 2.�-506 VACANCIES IN THE COUNCIL l. A vacancy in the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, removal of a ward councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felony, of any such person whether before or after their qualification, or by reason of the failure of any councilmember without good cause to perform any of the duties of inembership in the Council far � a period of three (3) months. In eacli such case, the Council shall by resolution declare s�•re�r a vacancy to exist_ � s�-��'�€e��i�: (Ref. Ord. j 2. If a vacancy is declared to occur before July 1 of the fourth Year of the term of office in question the Council shall call a specia2 election to be held not less than thirty �301 days nor more than sixty (60) days from the time such vacancy is declared. The Council shall designate a period of eight (8) to twelve (12) consecutive working days for the purpose of fiZina nomination Aetitions in accordance with Section 4.06. (Ref. Ord. ) 3, In the case of a special election to fill the vacancy, �e�e s'� ��te��—e�ee��n-e—e-a�r��e--�e�e-i�i�r��re . the procedure provided in Section 4.03, Primary Elections, and Section 4.04, Special Elections, shall be followed except for the scheduling of election dates, which must be within the time frame specified here. The winner of said election shall be qualified and take office immediately upon certification by the board of canvass and shall fill the unexpired term. (Ref. Ord. 857, Ord. ) �- � � �?�e�ts—a�.�-e�r--�gg�e = -��e��e��—me� ��e�rs��-- 2E �^twk�Prah i r �.....-�9�1i�-�4�----��E-A��-6 Fz--=i'x-iiiz��F&�d3=t�@9--]3� i . T � �. s• G�-��iR'S—iiz?�3`i� �c.'ii�'@--�'9i�--��" "crr�-i�i��'i9 �2 c%�9�i�2it••.,.� � ' ' '�•• ��—�%3@+u��i$��i —ccz2—Snvs�z ._ 4. If the vacancy is declared to occur on or after July 1 but before October 1 of the fourth year of the term of office in question, the Council shall appoint (within thirtv (30) days of the vacancy declaration) by majority vote a qualified citizen who is not a candidate for any municipal office in the qeneral election in question. The appointee shall assume office immediately and complete the unexpired term. (,Ref. Ord. ) 5. If the vacancy is declared to occur on or after October 1 of the fourth year of the term, the winner of the general election shall be qualified and take office immediately. Zf the winner of the general election cannot take oftice due to reasons indicated in Section 2.06.01 above the Council shall declare a vacancy_ and order a special election as ,provided for in Sections 2.06.02 and 2.06.03 above. The person so elected shall serve out any of the remainder.of the unexpired term as well as the full four year term. {Ref. Ord. ). 6. If the Mayor's position is declared vacant, the Councilmember- at-Large shall serve as Mayor until the vacancy is filled. (Ref. Ord. ) 7. If at any time the membershib of the Council is reduced to less than three (3) members, the Citv Manager shall order a special election after•the manner provided in Sections 2.06.02, and 2.06.03 above to brinq the membership of the council up to five (5). (Ref. Special Election 3/25/75, Ord. 776, Ord. 857, Ord. ) 8. If the position of City Manager is vacant, the City Clerk shall order such an election. If the position of City Clerk is also vacant, the Chief Judge of District Court of the State of Minnesata within whose,j urisdiction the corporate offices of the City of Fridley lie shall order such an election. (Ref. Ord. ) Section 2.07 SALARIES AND EXPENSES The Mayor and each Councilmember shall receive =__'� 1-��_ reasonable remuneration or salary, the annual amount and payment of which shall be prescribed by ordinance duly adopted on or before November lst of the year preceding payment of the same. mT�rt��sz ZF . . � . . �@��@'�19 e��'8��'��g e? }_�'�""l � 1 1 E?I P A f T' 7R-: :�� j� When authorized by the Council, its members shall be remunerated for their reasonable expenses incurred in connection with the City's business. The City Manager and all subordinate officers and employees of the CIty shall receive such reasonable compensation as may be fixed by the Council. COMMENT: SECTION 2.08 MOVED TO NEA SECTIONS 2.01.04 AND 2.01.05. COMMENT: SECTION 2.09 MOVED TO NEW SECTION 2.01.06 CHAPTER 4 NOMINATIONS AND ELECTIONS Section 4.04 SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election, provided that three (3) weeks' published notice sha�l be given of said special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections. Special elections for vacancies in the City Council shall be held in accordance with the provisions of Section 2.06. (Ref. Ord. ) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1992. WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - ACTING CITY CLERK 2G ` CHAPTER 2 CITY COONCIL ORGANIZATION Section 2.01 COUNCIL-MANAGER PLAN IMPLEMENTATION 1. The form of government established by this Chapter shall be known as the "Council-Manager Plan" pursuant to Minnesota Statues. 2. Al1 discretionary powers of the City, both legislative and executive, shall vest in and be exercised by the City Council. It shall have complete control over the City administration, but shall exercise this control exclusively through the City Manager and shall not itself attempt to perform any administrative duties. 3. The Council shall perform the duties and exercise the powers of all City boards and commissions except as otherwise provided by statute or by this charter. It may by ordinance create commissions with advisory powers to investigate any subject of interest to the municipality. 4. The Council shall have power to make investigations into the Gity's affairs, to subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. The Council may at any time provide for an examination or audit of the accounts of any office or department of the City government, or it may cause to be made any survey or research study of any problem affecting the City or its inhabitants. Each such investigation shall be authorized by resalution of the Council. 5. Any member of the Council may request in writing any specific information relating to any department via the City Manager. The City Manager shall respond in writing within a reasonable period of time. • 6. Except for the purpose of inquiry, the Council and its members shall deal with and control the administrative services solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. Section 2.02 ELECTIVE OFFICERS 1. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be eligible voters. 2. The Mayor shall be elected at large in each United States presidential election year to a term of four (4) years. 3. One (1) Councilmember shall be elected at large in each United States presidential election year to a term of four (4) years. 2H 4. Three (3) Councilmembers shall be elected in each Minnesota gubernatorial election year from three (3) separate Wards of the City to terms of four (4) years each. 5. The term of Mayor and of each Councilmember shall begin on the first day of January following their election to office and shall end on December 31 of the last year .of the term. The incumbent may remain in office until a successor has been duly quaTified and accepts the office. The first order of business at the first official Council meeting in each January that follows an election year shall be the swearing in of the newly elected members of the Council. 6. The Council shall be the judge of the election of its members. Section 2.03 THE MAYOR 1. The Mayor shall be the presiding officer of the Council, except that a mayor pro tem shall be chosen from the remaining Coundilmembers to serve at the pleasure of the Council, who. shall act as Mayor in case of the Mayor's temporary disability or absence from the City. 2. The Mayor shall vote as a member of the Council. 3. The Mayor shall exercise all powers and perform all duties conferred and imposed by this Charter, the ordinances of the City and the laws of the State. 4. The Mayor shall be recognized as the official head of the City for all ceremonial purposes; by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. 5. At the direction of the Council the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. 6. In time of public danger or emergency the Mayor may take command of the police, maintain order and enforce the law. Council consent shall be obtained when practicable. Section 2.04 WARD COUNCILMEMBERS 1. The City is divided into three (3) separate election Wards, designated as Ward 1, Ward 2, and Ward 3. 2. A Ward Councilmember must be a resident of such ward. If the Ward Councilmember ceases to be a resident of the ward, then that office shall be declared vacant. However, a change in ward boundaries during the term of office shall not disqualify the Councilmember from completing the term. 2� 3. The boundaries of the three (3) wards shall be redetermined from time to time by ordinances duly adopted by the Council, and after each decennial census of the United States, and based on the findings of the Council that the wards so redetermined are such that the population of any ward shall not deviate by more than three percent.(3�) from the average of the three (3) wards. 4. The redetermination of ward boundaries shall be accomplished within the deadlines established by Minnesota law. If no deadlines are established by law, then redistricting must be completed no less than one hundred (100) days prior to the legally determined date of the municipal primary of the year ending in the digit two (2), and if the Council shall fail to do so their remuneration shall be forfeited until the wards of the City are duly redetermined as required by this Charter. Section 2.05 DISQUALIFICATION FOR APPOINTIVE OFFICE No incumbent member of the Council shall be appointed acting or permanent City Manager, nor shall any member hold any other paid municipal office or employment under the Ci�ty; and no former member shall be appointed to any paid office or employment under the City until one (1) year after leaving office. Section 2.06 VACANCIES IN THE COUNCIL 1. A vacancy in the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, removal of a ward councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felony, of any such person whether before or after their qualification, or by reason of the failure of any councilmember without good cause to perform any of the duYies of inembership in the Council for a period of three (3) months. In each such case, the Council shall by resolution declare a vacancy to exist. 2. If a vacancy is declared to occur before July 1 of the fourth year of the term of office in question the Council shall call a special election to be held not less than thirty (30) days nor more than sixty (60) days from the time such vacancy is declared. The Council shall designate a period of eight (8) to twelve (12) consecutive working days for the purpose of filing nomination petitions in accordance with Section 4.06. 3. In the case of a special election to fill the vacancy, the procedure provided in Section 4.03, Primary Elections, and Section 4.04, Special Elections, shall be followed except for the scheduling of election dates, which must be within the time frame specified here. The winner of said election shall 2J . be qualified and take office iinmediately upon certification by the board of canvass and shall fill the unexpired term. 4. If the vacancy is declared to occur after July 1 but before October 1 of the fourth year of the term of office in question, the Council shall appoint (within thirty (30) days of the vacancy declaration) by majority vote a qualified citizen who is not a candidate for any municipal office in the general election in question. The appointee shall assume office immediately and complete the unexpired term. 5. If the vacancy is declared to occur on or after October 1 of the fourth yea� of the term, the winner of the general election shall be qualified and take office immediately. If the winner of the general election cannot take office due to reasons indicated in Section 2.06.01 above, the Council shall declare a vacancy and order a special election as provided for in Sections 2.06.02 and 2.06.03 above. The person so elected shall serve out any of the remainder of the unexpired term as well as the full four year term. 6. If the Mayor's positian is declared vacant, the Councilmember- at-Large shall serve as Mayor until the vacancy is filled. 7. If at any time the membership of the Council is reduced to less than three (3) members, the City Manager shall order a special election after the manner provided in Sections 2.06.02, and 2.06.03 above to bring the membErship of the council up to five (5). 8. If the position of Gity Manager is vacant, the City Clerk shall order such an election. If the position of City Clerk is also vacant, the Chief Judge of District Court of the State of Minnesota within whose jurisdiction the corporate offices of the City of Fridley lie shall order such an election. Section 2.07 SALARIES AND EXpENSES The Mayor and each Councilmember shall receive reasonable remuneration or salary, the annual amount and payment of which shall be prescribed by ordinance duly adopted on or before November 1st of the year preceding payment of the same. When authorized by the Council, its members shall be remunerated for their reasonable expenses incurred in connection with the City's business. The City Manager and all subordinate officers and employees of the City shall receive such reasonable compensation as may be fixed by the Council. 2K Chapter 4 Nominations and Elections Section 4.04 SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, an� provide all means for holding such special election, provided that three (3) weeks� published notice shall be given of said special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections. Special elections for vacancies in the City Council shall be held in accordance with the provisions of Section 2.06. 2L � _ _ � Community Development Department PLANNING DIVISION City of Fridley DATE: January 14, 1993 L � �r' TO: William Burns, City Manager L, r�� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #92-21, by Robert and Mike Schroer; 7620 University Avenue N.E. Attached please find the above-referenced staff report. The petitioners are requesting three variances: 1. 2. 3. To reduce the rear yard setback from 40 feet to 0 feet. To reduce the required number of parking spaces from 102 to 13. To increase the maximum size of a sign in a commercial area from 80 square feet to 120 square feet. Zoning Variances The variance to the rear yard setback (#i) and the parking requirements (#2) are a result of a request by the petitioner to replat the subj ect property into two parcels . While the peti.tioner is creating his own hardship as a result of the plat, the plat is to provide Lyndale Garden Center with fee simple ownership of its own property. There are several reasons for granting the zoning variances: The parcel is oddly shaped, and the location of the buildings dictate the location of the lot lines. A typical lot cannot be created. The site also functions as one development due to the location of the existing and proposed buildings, and cross-parking easements will be required to ensure that the Lyndale Garden Center parcel will continue to have parking in perpetuity. If the garden center use would cease operation, there is adequate area on site to meet the parking requirements of the building. The Appeals Commission voted to recommend approval of the zoning variances with the following stipulation: • 1. Cross parking and access easements to all loading areas shall be filed against both Lot 1 and Lot 2, Block 1, East Ranch Estates Fourth Addition. � Schroer VAR #92-21 January 14, 1993 Page 2 Sian Code Variance The petitioners have requested that the maximum sign area of a sign be increased from 80 square feet to 120 square feet. The petitioners have met the four conditions outlined in Chapter 214 of the City Code which must be met prior to the Appeals Comatission and City Council granting a sign variance. Granting of the sign variance will reduce the visual pollution and clutter due to an increased number of signs at the location of the subject parcel. The Appeals Commission voted to recommend approval of the sign variance with the following stipulations: 1. The petitioner shall record against the title of Lot 2, Block 1, East Ranch Estates Fourth Addition a covenant which prohibits the installation of a free-standing sign on said lot. 2. The variance shall remain in effect until: A. The sign. is altered in any way, except for routine maintenance and change of inessages which makes the sign less in compliance with the requirements of Chapter 214 than it was before the alterations. B. The supporting structure of the sign. is replaced or remodeled. C. The face of the sign is replaced or remodeled. D. The sign becomes dilapidated or damaged and the.cost of bringing it into compliance is more than 50� of the value of said sign, at which time all of the sign and its structure be removed. E. Notwithstanding paragraph (A) above, upon the change of the name of the business being displayed on the sign. Staff recommends that the City Council concur with the Appeals Commission recommendations for both the zoning and sign variance requests. MM/dn M-93-17 3A �� _ S TAFF REP O RT Community Development Department � Appeals Commission Date p��r 6, 1992 Planning Commission Date City Council Date Deoember 14, 1992 Tn..,..,.... �7 �77� REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density ' Present Zoning Present Land Use(s) , Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission ! Planning Commission Author �/� VAR #92-21 Robert and Mike Schroer See Public Hearing Notioe 7620 University Aven�_N.E. C-3, General Shopping Certter Retail , C-3, General Shopping, & N�2, Heavy Industrial, to the N; C-3 to the E; N�2 & C-2, Ger�eral Business, to the W; C-2 to the S Retail & industrial to the N& W; Retail to the E& S Six Cities 0 See Staff Report Concurred with staff's re�ndation VAR ��92—Z1 Robert Schroer . i ` i' s 4 t � \ � . O � + � � °� '_ � �v_� ,..,..�' �-., ,:.; .'k�"�+', i �t ::`a• p�i � . _ � Z � ! � I�,. .,r�) t'/ <��. ',n��.� �, � r; rt�� (��. i � • ` ,�.. ,.. , ,,. � _ � + � ' i� ` . � � � 1 � � • � U): � (a �� / i i ` :*. ,.: ,: ..... _ : r�,�� 3(!��• :�'iz - y �4 � � 1 �. � . .; ♦ � . I , � � . s . ;' � � y ROSEOAI..E R � , i , W ; r 1� ,.. AR U(t�)34U': ari. � � •.I w.. 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I � (M) I o — """ T4TH /O/ENU� • NE. � rt � � � CalsaU t t�) Qo �.> � )• J� 11 �U ..� �Cw f � � � 'r � ' t.. �.51 3c LOCATION MAP Staff Report VAR #92-21, by Robert Schroer, 7620 University Avenue N.E. Page 2 . A. STATED HARDSHIP: See enclosed notes from petitioner. B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting the following variances: 1. To reduce the rear yard setback from 40 feet to 0 feet. 2. To reduce the required number of parking spaces from 102 to 13. 3. To increase the maximum size of a sign in a commercial area from 80 sq. ft. to 120 sq. ft. The request is for property generally located at 7620 University Avenue N.E. Site Located on the property is an existing single story two-tenant commercial building. The property is zoned C-3, General Shopping Center District. There is additional C-3 zoning to the north and east. There is M-2, Heavy Industrial zoning, to the north and west; and C-2, General Business zoning, to the west and south. Zoning Variances ' Analysis Section 205.15.03.C.(3) requires a rear yard setback of not less than 40 feet. Public purpose served by this requirement is to provide adequate open space around commercial structures for aesthetic and fire-fighting purposes. Section 205.i5.O5.C.(1) requires at least one off-street parking space for each 150 sq. ft. of building floor area in the C-3 district. Public purpose served by this requirement is to provide sufficierit off-street parking for any given use. CL Staff Report VAR #92-21, by Robert Schroer, 7620 University Avenue N.E. Page 3 The petitioner is redeveloping the subject property. The City Council has recently processed several land use requests for the subject parcel including rezoning a portion of the property from M-2, Heavy Industrial, to C-3, General Shopping Center; a vacation to vacate a portion of 77th Avenue; a lot split to split a portion of an adjacent lot to provide access to Ranchers Road; and several setback variances which apply to the overall development. The current request is the result of the petitioner's tenant, Lyndale Garden Center's, request to have its portion of the development site under its own ownership versus the petitioner's. The petitioner has subsequently applied for a plat to replat all the related parcels into two lots. As a result of the plat request, two variances are necessary: l. To reduce the rear yard setback from 4U feet to 0 feet for the existing and proposed Lyndale Garden Center buildings. 2. To reduce the required number of parking spaces to 102 to 13, again for the Lyndale Garden Center parcel. While Lyndale Garden Center has a desire to owns its own portion of the development site, the site functions as one development with two buildings. While the petitioner is creating his own hardship by requesting the plat, there are several reasons for granting the variance: l. The parcel is oddly shaped and the location of the buildings are dictating the location of the lot lines. A typical lot cannot be created. Lyndale Garden Center does not intend to rebuild until 1993. The lot line has been drawn to accommodate the existina location of the building. If the plat were approved with the lot line through the existing building and if Lyndale Garden Center decided not to rebuild, a nonconformity would exist. Originally, the petitioners hoped to replat the property based on the original dimensions of Lot 1, Block l, East Ranch Estates First Addition (where Malmborg's display area was originally located), but could not because of the timing of the plat versus constructing the new building. 3F Staff Report VAR #92-21, by Robert Schro�r, 7620 University Avenue N.E. Page 4 2. The site functions as one development due to the location of the existing and proposed buildings on site; cross parking easements will be required to ensure that the Lyndale Garden Center parcel will continue to have parking in perpetuity. In addition to the cross parking between Lyndale Garden Center and be filed against both properties Lyndale Garden Center can access areas of the new facility. Recommendation easement, access easements Bob's Produce will need to in order to ensure that the proposed loading dock Due to the unique nature of the variance request as a result of the replatting request and the shape of the original subject parcel, staff recommends that the Appeals'Commission. recommend approval of the zoning requirement portions of the variance request, VAR #92-21, with the following stipulation: 1. Cross parking and access easements to all loading areas shall be filed against both Lot 1 and Lot 2, Block 1, Lyndale Garden Center Addition. Sign Code Variance Request The petitioner is requesting that a variance be granted to increase the maximum square footage of a free standing sign from 80 sq, ft. to 120 sq. ft. for the proposed redevelopment of the subject parcel. ' Analysis 3ection 214.11.02.8 requires a maximum size of 80 sq. ft. in area for a free-standing sign. � Public purpose served by this requirement is to control the visual pollution and excessive use of signage in commercial districts. Before receiving a variance to Chapter 214, the petitioner needs They are as follows: 3G the literal provisions of to prove four conditions. Staff Report VAR #92-21, by Robert Schroer, 7620 University Avenue N.E. Page 5 A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The petitioner has requested that the subject parcel be subdivided into two lots. The petitioner is proposing to install one 120 sq. ft. sign with three sides at the intersection of the University Avenue West Service Road and Osborne Road to provide identification for both uses. The Sign Code does not limit the nuinber o€ sides a sign may have, only the maximum square footage. If the plat were approved, both businesses could each install one sign of 80 sq. ft., thereby increasing the maximum sign area for this corner to 160 sq. ft. B. That the variance is necessary for the preservation and enjoyment of a substantial right possessed by other property in the same vicinity and district but which is denied the property in question. Granting the variance preserves the right to provide signage for each business while meeting the intent and spirit of the Sign Code which is to limit the amount of visual pollution created by excessive numbers and amounts of signage. C. That the strict application of the Chapter would constitute an unnecessary hardship. The strict application of the Chapter would limit the amount of signage ta 80 sq. ft. While it is possible to identify several businesses on an 80 sq. ft. sign, in this instance it may be more appropriate to provide the business identification on a sign of 120 sq. ft. in order to limit the number of signs in this area. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Granting the variance eliminates the option of installing two 80 sq. ft. signs for a total of 160 sq. ft. at this intersection. Limiting the number of signs to one reduces the visual pollution, thereby aesthetically improving the area. Granting the variance to increase 3H Staff Report � VAR #92-21, by Robert Schroer, 7620 University Avenue N.E. Page 6 the size of the sign to 120 sg. ft. will allow installation of a sign substantially smaller than the existing sign currently on the property. Recommendation As the granting of the variance would aid in reducing the visual pollution and clutter due to an increased number of ' signs, staff recommends that the Appeals Commission recommend approval of the sign variance portion of variance request, VAR #92-21, with the following stipulations: l. The petitioner shall record against the title of Lot 2, Block l, Lyndale Garden Center Addition, a covenant which prohibits the installation of a free- standing sign on said lot. 2. The variance shall remain in effect until: a. The sign is altered in any way except for routine maintenance and change of inessages which makes the sign less in compliance with the requirements of this Chapter than it was before the alterations. b. The supporting structure of the sign is replaced or remodeled. c. The face of the sign is replaced or remodeled. d. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of said sign, at which time all of the sign and its structure be removed. e. Notwithstanding paragraph (a) above, upon the change of the name of the business being displayed on the sign. Appeals Commission Action The Appeals Commission voted unanimously to concur with staff's recommendation. City Cauncil Recommendation Staff recommends that the City Council concur with the Appeals Commission's action. 31 w z � U a z �, a w , ,c o ��., � � . � . ., ('�-. � a Q � � � � �"{{ . : ;,; $; � ii �j� �� ; ? � e? Fi� g�6 #�. ,3� 3 y� i-� E� � :�a �.i� �� j �i� �� .:.: � �� 3� l�" �� . �:: °-'��-.' a- q "? tei �� SS :�i �3 =3 i`;'� ; � �. lj i; lii ° j� Y� 3�� ' 3a '� i�� :3 �t �i} 5� d! I�I1 VAR #92-21 i�ri� ��' �� , ft �'_.3 =i� Y�� :� �"-¢`•i ai� . � rc �� 3� � ..iE f �' t �i � Y2 . 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Ui�� `�i�i�i�i�i�i�i� ^ : i ��* �� r� w. � � � � � � � � / � ► � � � � � ♦ . � i t l 1 1 � 1 � + � ►��i�i�i�i � ♦��.•..•.�as�i.��♦ / % �-�� .��i�i�i�i�i�i�i�i�i�i�i00�i�i�i�i�i�i�i�i�i�i�i�� '�J�� . ��i�i�i�i� ►� �' / ..•-. � ��:�,��, �, ♦�-!� � ♦��.� . - , ��i�i��- � �� , , , � ��i�i�Od� � �i�i�� !��!�,�_-�,� � - - . � . � ��=��►,t►. / . ♦��i��►-, � ,,, �� ,. ��i;, ♦♦ � �. � ��i�i��=. . . , . , , �i�i�0:� - , �i�i�0' �. � � ��s, .. �� _ _ - . ,.. • � •�� 'J W W t ).,rt � •� :• K �r'�� rS'{l , V , ,. . -. iFJ� nty �.�'� 1.7 ti'�. .�.�'; F _ � e , u�—�� /�' --- 1 VAR �{'92-21 Robert Schroer --� �' -- ��. � � I I ' �. S � � e� // � � '�. � � { ._—� ,k.. .� �'. �� _.. -� � ,,.__ i _��" __ -----`—�--- �-� I .. � � r _. ','_! I !%C� � '�Li��(� ��l'�((�[f� l j, 1 a �-- � ; ��'► , , � � � ; �- , I' � � � ;� c�>>ac��a ��.c�� 1 � � � � __ _ __ __ �_�___ , 1�� = � � 3M Replat Variance iwo variances are being sought due �o the replat af the property. One is to reduce the rear and east side yard setbacks to 0 (zero) feet and the other is that there will be inadequate parking vn the replat site. Variance #1 The setbacks are necessary ta sell the praperty to Lyndale Garden Center. It wi11 allow the existing building ta remain until a new building can be constructed. Variance #2 With the replat of the praperty there would be approx 23 parking stalls sti11 left an the site. When a new building is constructed by Lyndale Garden Center the axisting parking stalls would be taken out. There is an crass-easement agreement between Lyndale Garden Center and East Ranch Estates (landowner) for the sharing of the main �arking lot to the east af the current building. If the building and land use were to change, (either now or after the constructian) there would be plenty of land available ta add approx. 35 or more 10 x 20 parking stalls in the outside sales �red to the west and south sides af the building. Sign Variance BoB"s and Lyndale are seeking consideration of a variance to put one free standing sign 25 feet high with 120 sq. ft_(10 x 12) per sid�. We understand that this•is larger than is allowed. The sign wnuld include both of our names. Eighty square feet is enaugh roam for one business but it is not enough far two businesses. Lyndale would not have their own free standing sign an their property. This would mi.nimize sign clutter on Osborne �d. and University Ave. We also understand that Lyndale is not allowed to put their name �n a sign that they da not own. With the fact that we have cammon buildinq walls and we share the parking lot, we felt that it would be a much cleaner �ook then having twa signs relatively close. The reason we chose the psborne Rd. location over the Univ, Ave �ite is that the service driv� starts to curve before aur proparty 1�ne and that forc�s the sign further back which becomes very ineffective due to th� trees and University Station building. The sign would need to be 3-sided for visibility. One side far the south bound Univ. traffic. One for the nnrth bound traffic on Univ. Ave, and one for the east baund traffic on Osborne Rd. (Reference the site plan for the proper angles. The size of the sign is not ta large to look over barring to the size of the property, 7here would be no changeable copy an the sign. Lyndale Garden Center will agree not to construct an additional free-standing sign on their property ifi they can put their name on 3N the proposed sign. We are changing our parking lot entranees dramatically, which have been in place for apprax. 23 years. We feel that at each entrance a small sign be installed. The calors and design will be consistent with the larger sign. They would be constructed of plastic which is stronger and will resist breaking easily. Variance l: Change the total square foatage from 16Q to 320. (from 80 to 120 sq.ft. per sid�) Variance 2: To allow a 3 sided sign Variance 3; Allow a non property own�r ta put their name on our sign. Based on the approval af the replat application for Lyndale Garden Center. Cl�J � CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMF.NT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: %�O�n (,,n��y .MvP Property Identification Number (PIN) R I I- 3 O-� 4-��- n n 1� Legal description: �a�`I 2a k� � � %<�r� l� � (-� irf � �«�. �. �� 1 (S /k 1 �.�. Lot Block TracdAddition4R� 3t�E�tC.��._ ��1 1 Qlki Current zoning: (i�,� Pr , � Square footagelacreage �fG _ hCln Reason for variance and hardship: __ S�PP a�-)�,�I�� '` S{�,�a�- _ Section of City Code: Have you operated a business in a city which required a business license? Yes ✓ No If yes, which ciry? If yes, what type of business? Was that license ever denied or revoked? Yes No � FEE OWNER INFORMATION (as it appears on the property title). (Contract Purchasers: Fee Owners must sign this form prior to NAME _ I�Cd b-P, �%L �� it rrs �� !_CrCi a y I C C�N �� ADDRES SIGNATURE PETITIONER INFORMATION NAME �,, M� or a�r��re ADDRESS DAYTIME PHONE S'7/ -�R C� a?(� DATE ��r%92 DAYTIME PHONE SIGNATURE DATE Fee: $100.00 $ 60.00 for residential properties Permit VAR # �2' 21 Receipt #� 0�2 �n Application received by: S�heduled Appeals Commission date: Scheduled City Council date: 3P � APPEALS COMMISSION MEETING. OCTOBER 6, 1992 PAGB 10 is that area which is inc uded in the smallest geometric figure which can be made to circum cribe the message, figure,.or symbol." The point could .probably b made that the text is actually less than 84 sqqare feet. In ither case, the petitioner needs a variance because the square ootage is greater than 3 square feet. Mr. Kuechle stated he would b more comfortable granting a variance to 8�0 squ�are � feet �ahich •is • onsistent with� the square • footage permitted in commercial and i ustrial districts, so they are not setting a precedent. Mr. Paulson stated that Mr. Der around the outside of the sign 1�fOTION by Ms. Beaulieu, s public hearing.: IIPON A VOICE VOTE, ALL VOTING AYE, MOTION CARRIED AND THE PUBLIC HEAI said he would lose 4 inches all i they pan out the sign. by-Mr. Kuechle, to close the MOTION by Ms. Beaulieu, seconded b M� City Council approval of variance r qi Paulson, per Section 214.09.02.B o increase the maximum square footage i to 84 square feet to allow the constru 1 on Lots 5, 6, and 7., Block 1, Valley 6881 Hi.ghway,65 N.E. (Sunliner Inn), panned .area •of the sign face sha�ll not CRPERSON SAVAGE DECLARED T8E CL03ED AT 9:04 P.M. UPON A VOICE VOTE, ALL VOTING�AYE, CHAI MOTION CARRIED IJNANIMOIISLY. � .. Kuechle, to recommend to iest, VAR #92-20, by Warren the Fridley Sign Code, to ` a sign from. 3 square . feet :ion of a free-standing sign View Manor, the same being �ith ttfe condition that the exceed 80 square feet... SAVAGE DECLARED THE Ms. McPherson stated that this item wil� go to City Council on October 19, 1992. . 4. CONSIDERATION OF VARIANCE RE4UEST VAR #92-21 BY ROBERT SCHROER OF EAST RANCH ESTATES: Per Section 205.15.03.C.(3) of the Fr_idley City Code, to reduce the rear yard setback from 40 feet to 0 feet; Per Section �205.15.05.C.(1) of the Fridley City Code, to reduce the number of required parking stalls from 102 to 13; On proposed Lot 2, Block l, Lyndale Garden Center, to allow the replat of the following parcels: Lot 1, Block l, East Ranch Estates lst Addition; Lot i, Block 1, East Ranch Estates 3rd Addition, including that part of vacated 77th Avenue; the south 33 feet of Lot 5, Block 2, East Ranch Estates 2nd Addition, including that part of vacated 77th Avenue; and Lot 4, Block 2, East Ranch Estates 2nd Addition, except the east 200 feet thereof, as measured parallel with the east line of 3Q APPEALB COMMISSION_MEETING. OCTOBER 6, 1992 PAGE 11 said Lot 4, and also except the west 115 feet of the east 315 feet of the north 160 feet of said lot, Anoka County, Minnesota, generally located at 7620 University Avenue N.E.; and Per Section 211. 02 . B of the Fridley City Code, to increase the maximum size of a sign face from 80 square feet to 120 square feet, to allow the construction af�a�free-stariding sign on proposed Lot l, Block 1, Lyndale Garden Center, generally located at 7620 University Avenue N.E. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to waive the reading of the public hearing nbtice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTIOI�i CARRIED�. AND THE PUBLIC HEARIIdG CI,OSE�D AT 9: 06 P.M. � Ms. McPherson stated this is for the Bab's Produce property located at the intersection oF Osborne Road and the University Avenue West Service Drive. This is a unique request in that it does not apply to the property as it is currently legally described. Ms. McPherson stated the property is zoned C-3, General Shopping Center. A portion of that is� currently zoned M-2, Heavy Industrial, whieh was rezoned by the City Council upon the first reading. • In addition, the 'City Council recently approved a vacation to vacate a portion o� 77th Avenue and has processed a lot spiit to��split 33 feet of Lot 5� to �rbvide a seco�dary� public access�point to Rancher's Road �or the development: ' � Ms. McPherson stated the variance request does not apply to the property as it is currently legally subdivided. The petitioner has applied for a plat to replat the entire property into two separate lots. The first lot is for the existing Bob's Produce Ranch building and the proposed 9,0(�0 sq. ft. expansion. The second lot is to provide a separate lot for the Lyndale Garden Center portion of the develop-ment. As a:result of the plat request, there are two specific variances to the zoning requirements: 1. To reduce the rear yard setback from 40 feet to 0 feet. 2. To reduce the required number of parking spaces from 102 to 13. ' Ms. McPherson stated the third variance is related to the proposed free-standing sign which the petitioner is proposing to construct on the site. Ms. McPherson stated that in this instance, the petitioner is creating his own hardship.by requesting the plat request. However, the Lyndale Garden Center has a desire to own its own.portion of �i� APPEALS COMMISSION MEETING, OCTOBER 6, 1992 PAGE 12 the development site. There are several reasons why the Commission should recommend approval of the.variance request. Ms. McPherson stated that because of the unique shape of the entire development parcel, the location of existing buildings, existing easements, etc:, a typical lot cannot be created. The lot line, as proposed, has been drawn to accommodate the shape of the � exis�ing buil�dings. � � � � � � � Ms. McPherson stated the petitioner had originally hoped to plat this development so that it would follow some of the existing lot lines; however, because of the timing of the piat and the timing of the construction, it is not feasible at this time for the petitioner to do that. In addition, the entire site functions as one unit. The Lyndale Garden Center is highly dependent upon.the Bob's produce portion to provicle the .adequate parking, access, ete.. As far as access and parking, the two parcels will need to be tied together..legally forever. • Ms. McPherson stated that due to the result of the unique nature of the variance request as a result of the platting process and the shape of the original subject parcel, staff recommends that the Appeals Commission recommend approval of the zoning requirement portions of the variance request.with the following stipulation: l. Cross parking and access easements to all loading areas shall be filed against both Lot-1 and Lot 2; 81ock 1, � Lyndale Garden Center Addition. � Ms. McPherson stated the petitioner is also requesting a variance to permit the maximum square footage of a free-standing sign from 80 sq. ft. to 120 sq. ft. The proposed free-standing sign would contain both the Bob's Produce identification and the Lyndale Garden Center identification. The sign is proposed to be located on the Bob's Produce parcel approximately at the intersection of Osborne Road and University Avenue West Service Drive. The proposed sign will be a three-sided sign. Chapter 214 of the Sign Code does not limit the number of sides of a sign; it only limits the maximum square footage of each side. Ms. McPherson stated that according to Chapter 214 of the Sign Code, before.a variance is granted, the petitioner must prove the four following conditions: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended�use that do not apply generally to other property in the same vicinity and district. The petitioner has requested that the subject parcel be subdivided into two Iots. The petitioner is proposing to install one 120 sq. ft. sign with three sides at the 3S APPEALS COMMISSION MEETING, OCTOBER 6, 1992 PAGE 13 intersection of the University Avenue West Service Road and Osborne Road to provide identification for both uses. The Sign Code does not limit the number of sides a sign'may have, only the maximum square footage. If the plat were approved, both businesses could each install�one sign of 80 sq. ft., thereby increasing the maximum sign area for this corner to 160.sq. ft. � B. That the variance is.necessary for the preservation and enjoyment of a substantial right possessed by other property in the same vicinity and district but which is denied the property in question. Granting the variance preserves the right to provide signage for each business while meeting the intent and spirit of the Sign Code which is to limit the amount of visual pollution created by excessive numbers and amounts of signage. C. That the strict application of the Chapter would constitute an unnecessary hardship.. The strict application of the Chapter would limit the amount of signage to 80 sq. ft. While it is possible to identify several businesses on an 80 sq. ft. sign, in this instance it may be more appropriate�to provide the business identification on a sign of 120 sq. ft. in order to liniit ,the number of signs in this area. - D. That the granting af the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Granting the variance eliminates the option of installing two 80 sq. ft. signs for a total of 160 sq. ft. at this intersection. Limiting the number of signs to one reduces the visual pollution, thereby aesthetically improving the area. Granting the variance to increase the size of the sign to 120 sq. ft. will. allow. installation of a sign substantially smaller than the existing sign currently on the property. Ms. McPherson stated that as the granting of the variance would aid in reducing the visual pollution and clutter due to an increased number of signs, staff recommends that the Appeals Commission recommend approval of the sign variance portion of variance request with the following stipulations: 1. The petitioner shall record against the title of Lot 2, Block 1, Lyndale Garden Center Ad'dition, a covenant which pr.ohibits the installation of a free-standing sign on said lot. 3T APPEALS COMMISSION MEETING, OCTOBER 6, 1992 PAGE 14 2. The variance shall remain in effect until: a. The sign is altered in any way except for routine maintenance and change of inessages which makes the sign less in compliance with the requirements of this Chapter than it was before the alterations. b. The supporting structure of the sign is replaced or remodeled. . c. The face of the sign is replaced or remodeled. d. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50� of the value of said sign, at which time all of the � sign and its structure be removed. e. Notwithstanding paragraph (a) above, upon the change of the name of the business be'ing displayed on the sign. Mr., Schroer stated he had nothing to add to staff's report. , MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to �ecommend to City Council approval of variance request, VAR #92�21,� by Robert Schroer of East Ranch Estates, per Section 205.15.03.C.(3) of the Fridley City Code,. to reduce the rear yard setback from 40 feet to O feet; and per Section 205.15.05.C.(1).0£ the Fridley City Code, to reduce the number of required parking stalls from 1�02 to 13, on proposed Lot 2, Block 1, Lyndale Garden Center, to allow the replat of the following parcels: Lot 1, Block 1, East Ranch Estates lst Addition; Lot 1, Block 1, East Ranch Estates 3rd Addition, including that part of vacated 77th Avenue; the south 33 feet of Lot 5, 81ock 2, East Ranch Estates 2nd Addition, including that part of vacated 77th Avenue; a�d Lot 4, Block 2, East Ranch Estates 2nd Addition, except the east 200 feet thereof, as measured parallel with the east line of�said Lot 4, and also except the west 115 feet of the east 315 feet of the north 160 feet of said lot, Anoka County, Minnesota, generally located at 7620 University Avenue N.E. following stipulation: 1. Cross parking and access easements to all loading areas shall be filed against both Lot 1 and Lot 2, : Block l, Lyndale Garden Center Addition. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to recommend to City Council approval of variance request, VAR #92-21, by Robert Schroer of East Ranch Estates, per Section 211.02.B of the Fridley City Code, to increase the maximum size of a sign face from 80 3U APPEALS COMMISSION MEETING, OCTOBER 6, 1992 PAGE 15 square feet to 120 square feet, to allow the construction of a free-standing sign on proposed Lot 1, Block 1, Lyndale Garden Center, generally located at 7620 University Avenue N.E., with the following stipulations: 1. The petitioner shall record against the title of Lot 2, Block l, Lyndale Garden Center Addition, a.covenant which . prohibits the installation of a free-standing.sign on said lot. 2. The variance shall remain in effect until: a. The sign is altered in any way except for routine maintenance and change of inessages which makes the sign less in compliance with the requirements of this Chapter than it was before the alterations. b. The supporting structure of the sign is replaced or remodeled. c. The face of the sign is r.eplaced or remodeled. d. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50� of the value of said sign, at which time all of the sign and its structure be removed. e. Notwithstanding paragraph (a) above, upon the change of the name of the business being displ�ayed on the sign. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT• MOTION by . Mr. Kuechle, seconded by Ms. Beaulieu, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Savage declared the motion carried and the October 6, 1992, Appeals Commission meeting adjourned at 9:30 p.m. Res ectfully su itted, L e Saba Re ording Secretary 3V r � _ I DATE: TO: FROM: SUBJECT: Community Development Department PLA►��TNING DIVISION City of Fridley January 14, 1993 William Burns, Cit Manager � � . Y � Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Resolution Approving Plat Request, P.S. #92- 06, by Mike and Robert Schroer; 7620 University Avenue N.E. Attached please find the above-referenced staff report. The City Council conducted a public hearing on November 23, 1992 regarding the plat request. The Planning Commission recommended approval of the request subject to the following stipulations: 1. 2. 3. 4. 5. Variance request, VAR #92-21, shall be approved. The petitioner shall execute cross parking and access easements between Lot 1 and Lot 2, Block l, Lyndale Garden Center Addition. The petitioner shall submit a drainage plan and drainage calculations for the redevelopment parcel. The petitioner shall execute and record against Lot 1, Block 1, Lyndale Garden Center Addition a detention pond or storm water pond maintenance agreement. . The petitioner shall submit a landscape plan for staff approval prior to the issuance of a building permit. Since the public hearing, the petitioner has submitted the final plat to Anoka County for review. The petitioner has also changed the name of the plat to East Ranch Estates Fourth Addition from the origi.nal Lyndale Garden Center Addition. Therefore, any reference in the stipulations to the plat name should be changed to reflect this change. The petitioner has submitted a landscape plan which has been reviewed and approved by staff. The petitioner has also submitted a drainage plan and drainage calculations to the Engineering Department. The City�s storm water pond maintenance agreement has Schroer Plat, P.S. #92-06 January 14, 1993 Page 2 been submitted to the petitioner for execution, and the cross- parking and access easements are currently in process for execution. Staff recommends that the City Council approve the attached resolution approving.the plat request, P.S. #92-06, with the following stipulations: 1. Variance reguest, VAR #92-21, shall be approved. 2. The petitioner shall execute cross parking and access easements.between Lot 1 and Lot 2, Block 1, East Ranch Estates Fourth Addition. 3. The petitioner shall execute and record against Lot 1, Block 1, East Ranch Estates Fourth Addition a detention pond or storm water pond maintenance agreement. MM/dn M-93-13 0 I � . RESOLUTION NO. - 1993 A RESOLUTION APPROVING PLAT, P.S. #92-06, EAST RANCH ESTATES FOURTH ADDITION WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #92-06, on October 14, 1992, and recommended approval; and WHEREAS, the City Council also conducted a public hearing on the proposed Plat at their November 23, 1992 Council meeting and approved the Plat at their meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #92-06, East Ranch Estates Fourth Addition, with the stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sign the Plat as prepared by Comstock & Davis, Inc. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ' WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK . � � 0 E:xhibit A Resolution No. - 1993 Page 2 1. Variance request, VAR #92-21, shall be approved. 2. The petitioner shall execute cross parking and access easements between Lot 1 and Lot 2, Block 1, East Ranch Estates Fourth Addition. 3. The petitioner shall execute and record against Lot 1, Block . 1, East Ranch Estates Fourth Addition a detention pond or storm water pond maintenance agreement. 0 4C � _ S TAFF REP O RT Community Development Department I' ' � Appeals Commission Date L=� Planning Commission Date: October 14, 1992 City Council Date : November 9, 1992 �ATQ$ia2� �T�� --�r� January 19, 1993 REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial I mplicatio►is Conformance to the Comprehensive Plan Compatibility with Adjacent � Zoning and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author 1KM/dn P . S . 4� 92-06 Mike/Robert Schroer; East Ranch Estates To replat property 7620 University Avenue N.E. C-3, General Shopping Center District and M-2, Heavy Indust. Commercial C-3, General Shopping Center to the North and East; C-2, General Business to the South and West; M-2, Heavy Indust. to the West and North Industrial/Commercial Six Cities 0 Approval with stipulations Approval with stipulations P.S. ��92-06 East Ranch Estates 4tY � � ; ,; „ _ j � � � Q � � ,.. ,, .., ____ ,. .... � \ 4 , o �, ; _ '.�_l ,...... ~� ,:., .�:� ,t.•; :.(+'. �?; - 1 . . , Z � '� � y t LfMI, �„� �� . ---r w . �l�l ): I 1 .. . \ :�•• a. .. ,r• � ' -� . . (l ,ii/�7 '�� . i. 1 I.. # .i `� /J � '� � . � s �'+ � . � .s.'.� 1 ':. ?: ... ��.. � i. t �1(�h'' iil�)• :l+�l -7 � � . � a j' i?. w .i ROSEOAI..Ey ~ , � � _ W �. �..� � ,.. R aa uN�,3aw'; :�;, , � �I .u... : '-� v ....... . �''� r� � � 9(nl a�J �� i') �; I ', : .. : . 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I (�) � ., — '"-�-� Tan� eaavu� KE � lJ { '� (c��.rao, i : N%- .;" ,(" �y {•�•;"' n� .�,;G- t.j�.� �'� 4E LOCATtON MAP Staff Report P.S. #92-06, Page 2 Request by Mike/Robert Schroer; East Ranch Estates The petitioner requests that the property generally located at 7620 University Avenue N.E. be replatted into two lots to contain the Bob's Produce building and the Lyndale Garden Center. In conjunction with the plat request, the petitioner has also applied for three variances: 1. 2. � To reduce the rear yard setback from 40 feet to 0 feet. To reduce the required number of parking spaces from 102 to 13. To increase the maximum size of a free-standing sign from 80 square feet to 120 square feet. The Appeals Commission reviewed the variance request at its Qctober 6, 1992 meeting, and recommended approval of the variance request to the City Council. Analysis During original consideration of the proposed redevelopment, Bob's Produce was to lease the property to Lyndale Garden Center and� retain ownership of the entire redevelopment site. The current request is generated by Lyndale Garden Center to create its own lot for fee simple ownership. The request is more complicated but similar to the request by Skywood Mall and the Kelly Inn to divide ownership along a zero 1ot line. Unlike Skywood, the bu•ildings are at a 90 degree angle to one another versus at the same building line. The variances are necessary due to creation of the new lot line between the two buildings. As discussed in the previous request for this project, the project has a unique shape and contains the Metropolitan Waste Control Commission and St. Paul Waterworks easements. A typical subdivision cannot occur due to these factors and the location of the existing building. The proposed lots meet the minimum lot area (Lyndale Garden Center is 66,781 square feet) and lot width requirements for the C-3, General Shopping Center District regulations. The proposed Lyndale Garden Center lot could accommodate 97 parking spaces should Lyndale Garden Center vacate the proposed building redevelopment. It is f ive spaces short of the required number of stalls (102 ). As the lots will still function as one development, cross parking and access easements will be required to be recorded againsi both lots. 4G Staff Report P.S. #92-06, by Mike/Robert Schroer; East Ranch Estates Page 3 The rear yard variance is to 0 feet, however, there will be a minimum of 85 feet between the Lyndale Garden Center building and the building located on Lot 5, Block 2, East Ranch Estates 2nd Addition. A side yard variance is not necessary since zero lot lines are permitted in the C-3, General Shopping Center District. The petitioners will be required to submit a drainage plan and appropriate drainage calculations for the entire development parcel. A detention pond will need to be created in the northerly- most portion of the site. The petitioners will be required to execute a maintenance agreement regarding the detention pond. The petitioners will also be required to submit a landscape plan in conjunction with the redevelopment of the subject parcel. Recommendation Staff recommends that the Planning Commission recommend approval of the'plat request, P.S. #92-06, with the following stipulations: 1. Variance request, VAR #92-21, shall be approved. 2. The petitioner shall execute cross parking and access easements between Lot 1 and Lot 2, Block l, Lyndale Garden Center Addition. 3. The petitioner shall submit a drainage plan and drainage calculations for the redevelopment parcel. 4. The petitioner shall execute and record against Lot 1, Block 1, Lyndale Garden Center Addition a detention pond or storm water pond maintenance agreement. Planninci Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Planning Commission. also voted to add the following stipulation: 5. The petitioner shall submit. a landscape plan for staff approval prior to the issuance of a building permit. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 4H � ■ ■ � � _ �_ z i�. . . . b U i ;>; �� - � - � :� :� � i '; �i� ! : z p a i� 3� �� :� ! 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P�'CYL FE-� 3 a: S-+• » qQC�%� �� , ` I \�gITUMINOU =:, \ �;-�\� I � �jP.y.B��'S8 `%` ��g'�QS(6 -� 20' • - -- �WALK �� e �� '/ \ 1�� GATE 8,p 9� (� x87\.3 � %�c� �Ot3�y %�� R � �� 83, �ji 'C 4.. � � m_ � 69:q�\. .,;�� { � ��'� ,� �� vY `;39•05259„ N � � � , . .• t � �� J' �. 6� '^',co e ,/. � 71 � {' ::�'•.• �c= '�" ,'�;a �' �% � � i l L� ? 5 \,�o � �, Vy 1�=%'°°' �� j� �,NpUS ER R a W. M. 12g 64 B'�'� �' /� a� 3� .%fE 0 �� (RE I �w �SuN` N, Z , o r- 6� �•�� / `' 0 ��i v `�VJ_� �� 8696� M' \ Zf ` _' �� MptN � 6p xa9�'3/� /` / �P.P• CO�G ' , 1 5 - 4„ Gp5 81�v.1.N�. ` r o_��Y; � � �„�� 2��29 = �' ' .. �J �p�` �1 �' Y� 1RE a `� V-3'��`"� . � - 3 . - ' �=�� _/�• bq�'q oq7�30�W � "i _!, �8?� �0�+.-- . �� 8'i`�� . . c 7` /� � /_ w ��' Bllld'L PARKMG 4m' LaNG coN4- RiL'IP - 6 __C N lcc (�SEf�ED � . le.. S,wtNK rtr ' _ � � _ � D.WRMf E.eeE ^ � �� LA `�� ; �-- � --- / � , i .6W-'IHt�S. __ 1 �� P.S. ��92 06 � r. r. East Ran h Estates 4th•~�:;.:::; � — —� � � �-------, � I1 � �� ABRA AUTO 80DY I � � I • BUILDING � I � i � � I. I � ! � I � � I � � �_ , � — — I19l � � I , — — — � 1 I -------� ? �� I � .� � �a _ ' �. I j o c�E t.ocf:�p rs�.o- -ro !oa-o• ' - � �ROM ERST B� oF 6lAl�{rk'._ — _�. ,I��I I��I� I I I I I I! I_►�.�� - .,� il� ..� ,�� _��'i�MiT%�� ,�.�,i� :r:� � i � �, �� ..�.� � �� , ♦�♦� �� ..� ,,, � ��; .,.; �� 1+ . . � . � 1 � "I � ♦•.' • 111 ♦...,, . �/ ♦•♦♦/ ••••. � � '' ' �i�i 1� . ' � - . I IIII�� 1 �'� 1 � �i' ��I i�� i � � ! 1 �/� �� ' � / � ` / � : Y � < <1P1.7C I � PROPOSEO � �. ` . AD�ITION L � �.Q00 S.F. �=11lilll �° � � � �_ 1$ kP t� — _ — ~ / - J _ , �� I' � ?i � 4 KENNEDY BUILOING �� G � �9�� ,. • � \ / � �- �� a �' �� / � , / / ' / / / ' / � / / . I V 6?it1 f�=a _ � 'J��' i _- , � � Y '� 1 R�t�i�� _/ /�0�� ♦ �� ' �� i � i � � � � ' I ' � �4 �SBaRr1E / l"►S�il . . . - is. ` '• � ° e `k'� � �'`Yt :� '� - .� . � . , . . __ „ ... , . . . � . , .; , - .:'; , _ , �. � ..FA � ,; „ f . CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. _ FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT .,- ' PLAT APPLICATION FORM PROPERTY INFORMATION - site:plan required for submittal; see atta�hed Addxess: _ �ICo�� .ir,.�l�r�'��y,�1ttP_ �-i�c Yr,t�Uc�o T%��G �ni�N�� tP Property Identification Number (PIN) R i 1- 3� -,� -� a-nc a�� a.� ��r� o� R 1 l 3G -ay - Legal description: _c�r,�� nk�� rrs-�.�es �'s� �r�� l �� 1 8k ( � £(�1` !�� f�4�C. t� �i- Kr� Lot Block TracdAddition Current zoning: i�„Y, n� �rc:n l Square footagelacreage ��1, b�{� Reason for plat: Sn ��a n�' Q� �(c� i h�� r c� �n x� �� yk�, % Ga��P:� �,�, �� Have you operated a business in a city which required a business license? Yes ✓ No ff yes, which ciry? ��.�C�,.,, If yes, what type of business? Was that license ever denied or revoked? Yes No f �EE OWNER INFORMATION (as it appears on the property title)� (Contract Purchasers: Fee Owners must sign this form prior to pmcessingj NAME ICc� bt�� N �i� � rt'rEsr' ��(ta � ►CrAv�ck [� �c� � / ADDRESS_�(r� ,2f1 [� n � J �.r��e `SY3� ' DAYTIl�� PHONE S�%/ �� n'�l'S SIGNATURE ` DATE `��1,�1 � PETITIONER INFORMATION NAME_ Sa rNo as c�bav ADDRESS SIGNATURE YTIME PHONE DATE Fee: $500.00 for 20 lots � $ 15.00 for each additional lot Permit P.S. # `� Z-+�� Receipt # o� d, Application received by: i C,�/ 1 � Scheduled Planning Commission date: � � Z- ' �V IScheduled Ciry Council date: : �� I „ - � /�o�e : .Ua��aac�s oh �-hi.i : �i�2: w;�� e i�'4Mj t�z�ur�k w�� e t�n. ��%r+�w'�i� CITY OF FRIDLEY M$ M O R A N D II M TO: WILLIAM W. BIIRNS, CITY MANAGBR � �� • FROM: RICHARD D. PRIBYL�- FINANCB DIRECTOR � WILLIAM A. CHAMPA, CITY CLBRR �A C- BIIBJECTs MINNESOTA LAWFIIL GAMBLING PREMISB PERMIT APPLICATION FOR LION�S CLIIB OF FRIDLEY DATE: JANIIARY 13, 1993 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for Lion's Club of Fridley at T.R. McCoy's, 7820 University Avenue Northeast. Lion's is vacating lawful gambling at Roper's Lounge & Restaurant effective February 28, 1993. Minnesota State Statutes requires the adoption of a resolution approving or denying any type of gambling permit. 5 RESOLUTION NO. - 1993 RESOLIITION IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO LIDN�B CLIIB OF FRIDLEY WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for Lion's Club of Fridley; and WHEREAS, the location of the Premise Permit is for T.R. McCoy's, 7820 University Avenue NE; 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 Lion's Club of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 5A WILLIAM J. NEE - MAYOR /L' _' . . , f �r �. .. ': .' LG214 � = n�>> a.;, �`i: " . .., . i.� a . .t - . ..J' �' .. r ._. _:. .. � . 3+ Minnesota I.awficI Gambiing Premises Permit Application - Part 1 of 2 ; , : . _ .. ' . .�.r .,t . . ,.. ��... ..� . .,:.�`�.- ..i�` .,., . .._ .. __ . .. t: .. . :.° ' _ . . . . . . .. . . _�, ._. .. . . . _ .. . .....:_... . . . . . . . . . . `... � _ . . . . � � � . . : , Premises pertnit numbe� � B($250) PuA-tabs, tipboards, pad�ewheels, ratfles ❑X New ❑ C ($200j Bingo only � , - ❑. �($ t 5oj Raffles ony . _ _. _ _ i? _ . . _. . . � r . . . Name of Organization ` Lion's Club of F Business Address of Ors�anizati P. 0: Box 32815 -idley n- Street or P. O Box (Do not use the addrE - State Zip Ca � SSi�z� � r :s of your.: gambrng manager) , c,_ -_ counry Name of chief executive officer (cannot be your gambfing manager) Tide Herbert Lennox President {612)571-6608 Daytime phone number (612 ) 571-4491 Bingo Occasions - If applying for a class A or C pernni� flll in days and beginning & ending hours of bingo oocasions: No more than seven bingo occasions may be conducted by your organization per week. Day Beginning/Ending Hotus.. . Day Begtiuung/Ending Hours Day Beg'fiuiing /Ending Hours _ � ' � • � tn e If bingo �vill not be conduct�d. check here 0 to Name of estabiishment where gambling wnll be conducted " Street AdcNess (do not use a post ottioe box numbe�) __ T. R. McCoy's 7820 Universit.y AV .n � NF.� Fri c�l P�, MN 554'i2 Is the premises located within aty Gmits? � Yes � No lf no, is township 0 organized � unorganized p unincorporated City and Counry where gambling premises is located OR Township and County where gambfing premises is bcated if outside of ciry limits Anoka Name and addtess of legal owner of premises Ciry Oakbrook S�� IL ZP CO� 60521 Angeles Real Estate ManaQement 1200 Har�er Road, Suite 410 ` Does your organization own the builc�ng where the gambling will be conducDed? p YES � NO ' . If mo. attach the fopowing: . ' a copy of the lease (form LG202) with terms for at least one year. ' a copy of a sketch of the floor plan with dimensions, showing what portion is bei�g leased: A lease and sketch are not required for Class D appGcations. Moon Plaza 6251 University Avenue NE, Fridley, MN 55432 0 �1 �J - I . ;�*�., �: f: �:" j �%>: .k� ' ��.''i`��,, - ; °� : � :y�:Gaio 4_:. ..., � r _ ° � f18f1 '� boarc ' � ' revet `" may'� =Ban: Theit ,gamt =: raqui� + Oafl ;. .1 ded 't" I ha� ,:to.;thE ` :�;_< . - `a: ;: ,;° ;k;��;�lldirtnesota Lawful GambIing Preniise °Permit Application� - Part 2 of 2 " / - .. ' -- �•'�t" ::-:✓' ,a,.eFf:y,cc'i`y �..�i''� '�v:'+i�ir�.,; � t.+;rl{�'fj�if�.fl{4:+NC}iS};'!,-";c•G'-'r.,.'nti;:x}:�;+.•f ::!:!'/.'f. �yt�^�',.:�� °c7sU � r sE •r. A;= `/y �� f y �`y r F:i:7 �. �14��. ��Qn. �.`�'n"i `�Y�}�£'��?��'?.''�u'c�'��''�ir{,C� 4{ �i's`� �' �}?!�:•:'>.i>'4 ... ......... f:•. rr r,.... ....--._- . _ Bank Account Number BANK �` - 386996 ess _ viry siaw iUniversity`Avenue�'NE�'.` Fridley.. MN '= 71'44�' Riverv�STerrace A. Nielsen `�`Fridley, MN 55432 � `Haunert � 6700'Plaza Curve NE �S `' • '� ` Fridley, MN 55432 � ; ;6524.Anoka Street NE . '� _Fridley, MN 55432 [ng site t�utnonzat�on - consent that local law:enfo�ceme�t o�oers, the ageMs of the board,; o�.the'commissioner of or public safety, or-agents`of the cammissio�ers, �r>the premises to enforce the`law.- -. - , :ecords Informatioa �;° d_ is authorized to'insped the bank records of the I"aocouM whenever necessary to fu�ll ents of current gambling ri�les and law. x:. that: , �ad this application and;all.information submitted ard is true, accurate a�d.complete;. :=. `� 'required intormation has been fully dsdosed; ��= , , _ _ �. . �'� 55432 in� ManaQer Asst. Asst. Gambling Manager •I am the chief executive offir,�r of the organization; . •I assume full responsibiliry for ihe fair and lawful opera- tion of all activities to be conduded; . •I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of ihe board and ' agree, if, ticensed, to abide by those faws and rules, induding amendments to them; •any changes in application information will be submitted to the board and local unit of government within 10 days of the change; and •I undersiand that failure to provide required information or providing false or misteading information may result i� the denial or revocat�on of the I'�cense. Date :R.I.V.if.Mei:�-'liM•.V,Y.yV.1:iJ.�4af�.V ' .v�. v.. ._ � ••• v�i-"•n'i:;:'G::iC::i�+:^��'•'� r::i::iiti�::':;-i�i .:n_ '' '�: ai'. v .�:M.-.w.w v..�;�c�w. s�•�wew .�a�.��w.n u�•...: . .r ......... . . ...................}::: �=wr?:i{i^?. :.n..::::... ... . 'jti:i'.=:;•�:,- .. ................. .1:�.� Sv::.�::r•:%:x;.;•::n:.'"::{.v:i.-. ......:r:: .•.:},:.�v:::.:.iii:v_::::: :.:r ;,� �.��,� �_ � 4. A coov of the bcal unit of governmern's resolufwn aa- � � 1�� e ctty'must sign th�s appl�catan rf the gambling prem- , prnvma this � T� + �I'�cation must be attached to jhis a�olicatiQn. ,;�� ises �s�.bcated within aty limits ^�.,� ,,,' ;- : �,:.� this appl�cation is denied by the local unit of governmenf, '� � 2. The county "AND township" must sgn this application if � shoutd not tse submitted to the Gambling Control Board: I :,�-the c��imaling premisec is located within a township. � � • . _ ... _ .:.: „�___ _ 3 The`,bca! unit government (cdy or county) must pass a �- I .� ._- Townshlp: By signature below, ihe township acknowledges .-resolution speciiically approving or denying this applicaiion. �at the anizafion is a I in for a remises ermtt within �- �,°„�';: �9 PP Y 9 P P ,.�. � township limits. " t � � 4: 1.t'h . . . � . . . h 1 .: � . . �..,' � : .. . .�: . .-' .. �'- ...;... . -;Cit ' r-or Count " Townshi *' , �, _.. :. �C�ty or'County.Name ' ; f - Township Name ,tit, � . � .�` � -i `� O xSigr�atu� `of person receiv��g appG Lon "` Signature of person receivin9 application "i �� $ .,' ti` : ' ' ; . - . �. .4�".. � � . . • k Tide �� `� ��y Fieceived Titie ; � Date Recei4ad � �� ,. ` . ' � C� . � �— — � ,� ` Refer t�'ttie instructions for required attadimeots. �;,�-.� - Mail to ,: Gambling Control Board _ . ' `"•`=.i:: • Rosewood Plaza South.3rd.Flobc .. 7711 W. Couoty Ro�d B _��' s;. - � ' � RosevlNe, MN 55113 ,. LG214(Part 2) . � 5C ��,, ,-,.. CITY OF FRIDLEY M E M O R A N D II M TO: WILLIAM W (�� . BIIRNS, CITY MANAGER �. FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR �.R WiLLIAM A. CHAMPA, CITY CLERR i�ia�' SUBJECT: MINNESOTA LAWFIIL GAMBLING PREMISE PERMIT.APPLICATION FOR TOTINO-GRACE HIGH SCHOOL DATE: JANIIARY 13, 1993 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School at Roper's Lounge & Restaurant, 3720 East River Road. The lease would begin March 1, 1993 and continue through February 28, 1995. Minnesota State Statutes requires the adoption of a resolution approving or denying any type of gambling permit. �� RESOLIITION NO. - 1993 RESOLOTION IN SIIPPORT OF AN APPLICATION FOR.A MINNESOTA LAWFIIL GAMBLING PREMISL PERMIT TO TOTINO-GRACE HIGH BCHOOL WHEREAS, the City of Fridley has-been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for Totino-Grace High School; and WHEREAS, the location of the Premise Permit is for Roper's Lounge & Restaurant, 3720 East River Road; 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 Totino-Grace High School. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK . ' WILLIAM J. NEE - MAYOR 1G202 ��no��) Premises In�orrriati� Name and Address of Minnesota Lauvful Gambliag Lease Agreement Address ati,,.,e _ G£vR[s� p. N, r, w �by�f A�,eRr�►,I /;vt Sa �P(6 %�1�1 SSy/3� � LIZ ) p'j.L-�%8�i � Name of Legal Owne� of Gambling Premises Address City�p Code Phone �t�oQ�� D. N'�c.o,�J �IG�SI A�-OR�cr4 A�. � I�IP�S I�IN SsY/9� b�.z ��-y8't Z. ame an ress o ease remises tess ity p e � 372 0� R�vER R o _ RoP�R, 5 �-�uN�� °� R�srAukANr �v� �'R,n, �,rSsyal Name of Organization leasing the Premises (lessee) � License Number, 'rf known _T!'1T � l�%O '�R.�G� (T1 G 4� �X`.FIOdL /TO�L1�)NC� ;. ... Garribling.Activity .,:;... _,,.; .. ::: : :.:: . ; .. . . ,,,.. :> . ....:. .. .. The lawful gambling activity which 4he organization will conduct is (check aU that apply): � bingo �� raffles CI paddlewheels � pull-tabs � tipboards Rent InformatiOn (See Rules 7860.0090, Subp 3) Class A and C premises permits: Rent for bingo and all other gambling activities conduded during that bingo occasion may not exceed: $200 for up to 6,000 square feet; $300 for up to 12,000 square feet; and $400 for more than 12,000 square feet. Rent to be aid er bin o occasion Class B and D premises permits: Re�i fo� gambling activities not including bingo is a maximum of $� 000 pe� month. Rent to be aid er month �ddO '� Rent may not be based on a percentage of recatpts, proflts from lawful gambl(ng, or on the number of particlpants attending a bingo occasion. An organization may not pay rent to itsetf or to any of its affiliates for space used for the conduct of lawful gambling. The area(s) leased wiihin the premises are � feet by �_ feet, for a total of � square feet. feet by feet, for a total of square feet. : feet by feei, for a total of square feet. Combined total square feet : . ............::::: •-�::::: :•:,:::::: :•:::::....:.....:.:.,..:.......::: :..:::,: :: Sketcii` - .: ......: .: . . . ... . . . ... � . . : :.... . ..: .: : :. :. .. .. . .. . ... .. . _ . .... . . .. .. .. .. .. . .. Attach a sketch which shows the location and dimensions of the leased areas. Ttie leas wiH go 19 9�fora� _... ................... ..... :t at 12:01 a.m. on _ ��- of at least one I he bingo occasions will be held (a maxi� from (hours) (a.m./p.m.) to f�om (hours) (a.m./p.m.) to from (hours) (a.m./p_m.) to _ ...... ::.::::.:..........:,..:..:.,.. ::.�:: � ..� �asions per o�gan¢ation): (am./p.m.) on (days ot week) (am./p.m.) on (days oi week) (am./p.m.) on (days of week) from (hou�s) (a.m./p.m.) to (amJp.m.) on (days of week) from (hours) (a.m./p.m.) to (am./p.m.) on (days oi week) from (hours) (a.m.lp.m.) fo trom (hours) (a.m./p.m.) to . : (am./p.m.) on (days of week) (am./p.m.) on (days oi week) . a.m. on __ _ =o? __ � By agreeing to the terms of this lease, it is mutually agreed that: • When leasing from a licensed bingo hali, the lessor must be legal owner of the property. • The owner of the property or the lessor may not manage gambling at the premises. • The lessor of the premises, his or he� immediate family, and a�y agents or empbyees of the lessee may not participate as piayers in the condud of lawiul gambiing on the leased premises. • The lessor and the lessee do not have a direct or indired financial interest in the distribution or manufacture of gambling equipment. • The lessor of the premises wiU albw ihe Board or agents of the Board� the Commissionerof Public Safety or •- agents of the oommissioner, or the Commissaner of Revenue or age�fs of the commissionet, and !aw , enforcement personnel to insped the premises at any reasonable time. and pe�mit the organization to conduct lawful gambling at the prem'�sas a000rding to the terms of this lease. The lessor may not impose any conditions on the organization regarding disttibutors of gambling equipmeM, s�rvices. or the use of profits. • The organization must obtain an organization license, gambling manager license and a premises permit from tfie - Gambling Conirol Board. The organization wiU be responsble for complying with the laws and rules of lawful gambling. • The organizat�on must have. at the gambling premises, a cuRent inventory of gambling equipment, a sketch with dimensions of the premises available for review. and a clear physical separation or divider t�etween the lessee's gambling equipment and the lessor's business equipment. • The organization wiii be responsible for ensuring that the lessor's business adivities are not conducted on the leased premises. • The lease shali be terminated immed+atefy for arty gambli�g, liquor, prostitution or tax evasion violations ocxurring on the premises. • The lessor of the premises shall provide the lessee access to the licensed premises during any time reasonable and necessary to conduct lawful gambling on the premises and as agreed upon in this lease. •(Write in any other conditions ar restridions that will be induded as part of the lease. Attach additional sheets if necessary) 'This lease is the total and only agreement between the lessor and the organization oonduciing lawful gamblinfl activities. There is no othe� agreement and no other consideration required between the parties as to the lawful gambling and othe� matters related to this lease. Any changes in this lease must be submitted to the Gambling Control Board within 10 days of the change. Sig Title � . _. . . Date Sl ure of or antzatlon officl ssee) Date �9'3 �i��, �(iC. rI��9� c�t/� A CODV of this lease and sketch with dimensions must be submitted with the premises permit application renewal or when changes in the lease occur to: Gambling Control Board Rosewood Plaza South, 3rd Fbo� 1711 W. County Road B Roseville, Minnesota 55113 6C (7/10/91) LG214 �aaw,� ❑ � . ;i:�.:��.&: 0�:'g�ii Name of Minnesota LawfuI Gambiing . , Premises Permit Application - Part 1 of 2 . • . � . . . . . Renewal . . : . Organization base I'�cense number , , , . Premises permit number ' [T!* O�-,� ✓1 a ^ c�'i•C.� -2 �: a �. �ess Address of Organization - Street or P. O Box (Do t use 13 5 0 6c� �ole n a FOR BOAAD USE ONLY BASE � PP # FEE CHECK INI�IALS � DATE .. . . � Ciass oi pre�iises pem�it . , (check� one) • - ❑ A(5400) Puii-tabs, tipboards. paddleNrt�eels. raffles. bingo . . • � . .. . � � B($250) Putl-tabs. tipboards, Paddlewheels, ratfles ❑ C (5200) 8ingo only ❑ � i$150) Raffles only L� a ress of your � --- --, --,------.---------------- ►� l�- 55H3L -5 f,�-nok�. (G�t) ! --9t1� Name of chief ex ' e officer (cannot be your gambGng manager) Title Oaytime phone number S�o-f'htr M: l i-n r� Qct�kLr' �r- �' ol.(�.�' tbl z) S71 ""� 1 l�o Bingo Occasions If applying for a class A or C perrnit. flll in days and beginning & ending hours of�bingo occasions: No more than seven bingo occasions may be conducted by your organization per week. Day Beginning/Ending Hours Day Begtnning/Ending Hours Day Hegirusir�g /Ending Hours to t,o t,o to to If bingo wjll not be conducted. checi here �� to to �.a��r, v� nsraaisnme�i wnere gamoung vinu De ConCUGteo � 5treet Address {do not use a post office box �umber) �� Pe�'S 3� 2� NC- 2Ner 20 oS� �i`-` c•t.le..., -�w.N S5� 3� _ Is the premises tocated within city funits? Jg Yes O No If no, is wwnship � organized � unorganizeri p uninoo.�orated Ciry and County where gambii�g premises is Iocated.OR Township and Counry where gambGng premises is bcated ii outside of ciry Gmits �r i I.� Iqr•� o k� � Name and address of legal owner of premises CciN } S�� Zp �� ^ T"a r, N ►' c,k 1�0 �v � � c ��8� 2� "' ��t ( � _ � .. ._ � s� ��z _. _ you� ganiza6on own the building where the gambl g wll be conducted? p YES NO if no, attach the topowing: • a copy of the lease (form LG202) with aerms tor at teast ane year. ' a oopy of a sketch of the floor plan with dmensions, showing what portio� is being leased. A lease and sketch are not requrced for Class D appGcations. -- 37 2� N E C�.cfi `Z ��rer �F2.o � i��-✓' %P (.e.:� M^� SS �l Z. . � Minnesata Lmvful Gambling Premise Permit Application - Part 2 of 2 Name Bank Account Number �� i d I 2 v S�k„�I�- 6u r. k Ban Address Uy tate p �+ _s� yJ � _ C��`2� Quleq o)350 �,a �dP��,�, �': c1t c.. Ma %�a�.�t �hc� +�1a-.� �- ML��?�L,,�,/1 S543z-j� 1.' Tv✓1 I�l( *„�! � 3'r�0 t74'•t r'O�Q��0.. � i�v�� .�. 1� � T�e� 1 L/v�i' � 1 � ua:noung site tsuinonzauoa •1 am the chief executive o�cer of the organization; I hereby consent that local law enforoement officers. the •1 assume full responsibility for the fair and lawful opera- board or agents of the board. or the commissioner of tion of all activities to be conciuded; revenue or pubiic safety, or agents oi the commissioners. .� W�� f�i��ze myself witl�ithe laws of Minnesqta , may enter the premises to enforce the law: goveming lawful gambling and rules of the board and Bank Records Information agree. 'rf licensed, to abide by those i�ws and rules, The board is authorized to insped the bank records of the including ame�dments to them; � � gambling accouM whenever necessary to fu�ll .. •any changes i� application information will be submitted requirements of current gambling rules and law: "� • to the boa�d and �locai unit of government within 10 days Oath of the change; and • I deciar.e that: ,. � •I u�derstand that failure to provide required information •I have read this application and all information submitted or providing false o� misleading information may result in to the board is true, accurate and oomplete; the denial or revxaiion of the license. •all other required info�mation has been tuily disdased; 1. The city •must sign this application 'rf the gambting ptem- ises is located within aty limits. 2. The county •`AND township•• must sign this application 'rf the gambling premises is located within a township. 3. The bcai unR government (city or county) must pass a resolution specif'�cally approving or denying this appl'ication. 4. A co�y of the local unit of �overnment's-re�lution aa nrovina this ac�rz�cation must be attached to this aooli�-�?ion. 5. If this appl'ication is denied by the local unit of govemment, it should not be submitted to the Gambling Control8oard. Townshfp: By signature below, the township acknowledges that the organizaiion is applying for a premises permii within township limits. Cit * or Count ** Townshi '• ' � ' ' � City or County Name Township Name Signature of person receiving appGcation rue Signature of person receiving application IDate Received I Tide Refer to the instructions for required attachments. Mail to: GamWl�g Cont�ol8oard Rosowood Ptaza South� 3rd Floor 1711 W. County Road 8 Rosevllle, MN 55113 6E IDate Reoeived LG214(Pari 2) ca�,�rz�,� �Q �Q�S 372o NC eu,s-f- R.ve� �oud Ex +T 6F Eng!neenng Sewer 4Vale� Park; ISlreets h1aintenance MEMORANDUM TO: William W. Burns, Ciry Manager � ��' FROM: DAT'E: SUBJECT: John G. Flora, Public Works Director �anuary 19, 1993 Storm and Sanitary Sewer Repair Project No. 242 PW93-0Ol In the 1993 Storm Sewer Capital Outlay budget approved by the Ciry Council, $180,000 was identified to repair the storm sewer lines on 75th Ave NE and Overton. We propose to repair the lines through the insection of an inverted epoxy liner to the existing storm sewer pipe, similar to the repair work on the Onondaga Street and Bennett Drive storm sewer projects. Based upon the video data of the corrugated metal sanitary sewer line on 61st that failed last year, we propose to reline the 15-inch CMP between 4th and Sth Streets within the original project budget parameters. Funding for this work will come from the sanitary sewer fund. We will delay the Apex lift station repair project estimated at $50,000 from 1993 to 1994 to minimize the fund impact. 1. 2. 3. 4. Last year's project No. 232 was increased with the transfer of funds from this project: 36-in. RCP storm sewer liner on 75th from Bacon Drive to Arthur Street ' 18-in. RCP storm sewer liner on Overton between Able and Monroe 15-in. CMP sanitary sewer on 61st from 4th to Sth TOTAL Fstimated costs: $27,000 65,000 32,200 60,000 184 400 Plans and specifications have been prepared and we are now ready to advertise for bids. Recommend the City Council approve the resolution to advertise for bids for the Storm and Sanitary Sewer Repair Project No. 242. 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L T r}_.' } f r y P1111K c; t r1.; 1._� -•LtT� � . ..,...�. t � j_ + < < .� � Ci � .1"_T —{. � � ` ti.�uyc � • � w� � Q J ,:.•�-�,~ ,� � ��j � C J rw�... 1 � 4 �,w (� 1-f : v -�-r Y�i -1 (� ('� C' �,,yy_� �.�+_r-1,i�-J.^1H^��- //�\ �.•r. _�^�Ti�i-�1� �~{�y �`H ��'-cY+C A4 ' j �-• • -� � _ U r0 -�:+."..,!:.a.� � - - '�- : ,. I / N A .I 4 �— , :,;;:. �, � NWM_�n' i[pi�4SP�j�M_i_ 1 i4��TE 11uoe�ti(��LQy�$]$ �.... x: a�o± .. .._ - - i�•-------- 'or - � � 1 o ? O '� a � .�. `�:w: , �, .,�, „�.. �... MOMC \� �... ��.�„ G � KE � � �u U �u � � ��. .. iIRNERi 1 �.asroa w �o��K M o.e+o.w .�•r<. 1] L cou�n • � ; `-.\ `\ �� ' '�_ � ;� G �;r?��,,��: � �,� � �` -- � �� 1 ., _ � � .�:�,� � )� ; �' � ', c (y� . �_� �, � •.. �'-v'c.�... C � � � � :.y - �� '�� sa �+ •n�r[ ae. �4tc�ai � .,.c. r; ' . � �'k'� - i � 0 0 f h .Ka c.�.. .w � G .°'_ �\ /� � 5 �l I"'� '� �l F- �...... �„�„ J : �r— �— CAPITAL IMPROVEMENT PROGRAM COMBINED LIST BY YEAR 1993 oao�,ew zo. ,ecz FIRE DEPT BASEMENT STORAGE RM COURT RESURFACING PICNIC SHELTERS MOORE LAKE PARKING ADDITION RIVERVIEW HEIGHTS BIT. PATHWAY 79TH AV LIFT STA-LINE (DIVERSION) REBUILD APEX LN. LIFT STATION HIGHLAND LAKE/52ND AVE SWALE DRAINAGE PROJECT STONEYBROOK CREEK EROSION RELINE 75TH AVE. STORM SEWER LOCKE LAKE DAM REPLACEMENT 1993 STREET RECONSTRUCT PROG 1993 OVERLAY PROJECT 1993 SEALCOAT PROGRAM UNIVERSITY AVE. BIKEWAY OPTICOM (EMERG VEH RESEMP) 81ST/83RD WELL REPAIR-2, 3 & 7 CHLORINE ROOM MODIFICATION LOCKE PARK FILTER PLANT REPAIR WATER UTILITY COMPUTER SYSTEM * TOTAL AMOUNT $57,500 GENERAL PARKS PARKS PARKS PARKS SEWER SEWER STORM WATER STORM WATER STORM WATER STORM WATER STREETS STREETS STREETS STREETS STREETS WATER WATER WATER WATER � GENERAL FUND PARKS PARKS PARKS PARKS SEWER FUND SEWER FUND STORM WATER UTIL. STORM WATER UTIL. STORM WATER UTIL. STORM WATER UTIL. STREET FUND STREET FUND STREET FUND STREET FUND STREET FUND WATER UTILITY WATER UTILtTY WATER UTILITY WATER UTILITY GRAND TOTAL FOR 5,000.00 12,000.00 40,OD0.00 100,000.00 46,500.00 60,000.00 50,000.00 200,000.00 75,000.00 180,000.00 �' 30,218.00* 209,000.00 263,000.00 124,000.00 125,000.00 30,000.00 60,000.00 ' 7Q,000.00 500,000.00 60,000.00 . 2,239,718.00 � STORM AND SANITARY SEWER REPAIR PROJECT NO. 242 RESOLUTION NO. - 1993 A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: STORM AND SANITARY SEWER REPAIR PROJECT NO. 242 WHEREAS, the City Council of the City of Fridley has established a policy of repair storm and sanitary sewers when necessary, WHEREAS, the Public Works Director has submitted a plan showing the s#orm and sanitary sewers in need of repair, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: That the storm and sanitary sewers recommended for repair by the Public Works Department be repaired, and the work involved in said improvement shall hereafter be designated as: STORM AND SANITARY SEWER REPAIR PROJECT NO. 242 2. The plans and specifications prepared by the Public Works Department for such improvement and each of them, pursuant to the Council action heretofore, are hereby approved and shall be filed with the City Clerk. 3. The work to be performed under STORM AND SANITARY SEWER REPAIR PROJECT NO. 242 be performed under one contract. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for finro (2) weeks (at least 10 days), and shall specify the work to be done and will state that bids will be opened at 9:00 a.m. on WEDNESDAY, FEBRUARY 24, 1993, in the Council Chambers of the City Hail, and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City of Fridley for five percent (5%) of the amount of such bid. That the advertisement for bids for STORM AND SANITARY SEWER REPAIR PROJECT NO. 242 shall be substantially standard in form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 7a8 WILLIAM J. NEE - MAYOR Eng+�ieering N Sewer FY Waler � � O Parks p � slreets VU Maintenance MEMORANDUM ' TO: William W. Burns, City Manager ��l� PW93-005 % FROM: John G. Flora, �Public Works Director Scott Erickson, Assistant Public Works Director� DATE: January 19, 1993 SUBJECT: Corridor Maintenance Project No. 243 'This will be the fifth (Sth) year of the Corridor Maintenance Project. In 1992, the contract was for three and one-half months, April 15 to August 1. This contract was let for $17,448.00. The budget for 1993 is $17,OOQ.00 and again would run from April 15 to August 1, 1993. Recommend the City Council approve the attached resolution ordering the advertisement for bids on this project. JGF/SE:cz Attachment : I.� �. �:M.- � T � �_=r'---� � ; i,•,� .' �L:. .i � ;� S .•.�� :� tt ��t; . . r 'i? ��:�1.•l�Y , �`' 1` ..'.�,.'i�.. •:i•i,� � � . _ NORTH OF OSBORNE ;.� : „r MEDIAN b WEST SIDE ONLY ! � �i � r�; .�,,,� t �r • � ti , ' ` ��.r% 'r �~,e� � '1• \ . \ T�' �•f� � � ( \�. � '�1 , �i \\ t q ��! ` • �` •'.��f�. I. _ �• a i � 'y , "� '' ;} �� ''� �a�� _•!4:!; tii:..�„• � � s , + � r `/ ��-_�r�� '� � � `b, . -'u�� CENTER MEDIAN � =, �=-- __ � INCLUDED = �- _ � �. �=� .�� ; N '. _ , �.. � ` � �-�i i �� y ! (�t ��rr"'^�' ; -��1 � w �r�� E , ..�.�,_ ''� (i r• � � 1 ��j..� 1.,. �I i � . S i' ' �'/c�:<,'•;��=� • —.,,��r1;;, :•.;-- � --/ ��J, ••%,;_;:`;:-t; I � �;�r'='"i��.y-'_ !'-.Yl�./ . i . . d i '� '�i ' i%% y ,; �_ :�;k ,��,t ', c � . ; . : y �'� (-� ^ � � Y N � � . y � �x. � �'.-r;/�'y�'�`�:'•�„^• :� � 1 . `� �` ��e: f �t ��i: Vj—\.`,�•J '1^`f _. �-- . ��,�•,. ,�,, -,: ^ � � f) !� ► CENTER MEDIAN - INCLUDED 1 . �. � � t ��L � , `'�.+' � ' �;� � , ' � l;w��• ( ; . 1*;' � i ��:.. - = � �: CENTER MEDIAN ONLY � � — � � (C � • - � � � � �l1� �" 1,�1 I�' �h � �r■ (u� Q/ /111O1 f � � .� . -� ••••.•••.�•••�• VOTIaG fO+rJCJI I ='°"'.__ _'_ OtSTRiCTS _' � OlSTf1CT S L r� " • ,��_�.: t ..�.....� � _ �.- � _ __ - . , - ... `r j � `.-, ( .... 6,� �. _ � . . r^.� ' •�r � �. , •�' ! �•-�c� �� .) � r.� � � � ' �. . � � �� .. _ • � ��. H�""� � ^ `""� � v UNIVERSITY AVE. MEDIAN INCLUDED .N�"`,��, T."�� _ ....1.�. '-��. 1 r 1.4�.•-r-S,�i,1r=��•..n.:� �.,..�.-.. `• ;t ,t •, • �r _ ��F.�, �f' -' _-�-�_ 1 �� ~�: , /', ..—� '"_t --I 1.- . �� ; t.y„' `, iS . .—.� � �--_ _' ... i•• -•-• • L 'L -`�. �'�..,��,�� :_• � � t �� J_=•-...�: ...�-� +.� _ :� �- � �:-- , :�=;, .:- ; ., _ ;� ,�:=- _-.�_ - =� � � �- ,: ::� - -, t �.�- � ;� < < 1 J � 'c' '= � -_ ';.r�.� -- �.�.._ _ _.�_ �, �� -�a,'I ' ' i � - �tr 1_-' �• _ 1. "�-- -. •--- (= =a - =r.;- :-=� �� _=-,_ : •: : _-� .—�-t :-, - _�' E � NOTE: HIGHWAY FENCE ENDS AT 69TH AVE. •L- . ��'-:-`�� •�` � • {� �� ;' -- _w ��c'c- :��1 �r i•:at••, . •�':. ^• I � �� 1 � �. l ✓ ' �� .� � � : . •.;.: -�........:_. ' : t , CUTTING RE(1UIRED ON �- ;+ �`j�� i•BOTH SIDES OF FENCE �,�,� ��'�_. ,_��!�{I 1. �• / �� i:_1_�: =- .II 1�� 4�.-�' ��__'� • : T-�+.=•�-•,` -ti z � �.J:�� ,I� �� :l_L=� : .,:.f i� -� ;,,� , .; '.;^�'�'r j = ;� �. -3 _ _ i c �� , � :� � � ��; �` �:� � ,� ,, � � _.�.�.. , _ - .. ccr:; :; :a f � - .� 't •:,• � rr .. , �:: = A _ C� . . .-c-:c:�•:. _.. � �� - • �- .:::•�^:.r[7� - - � n,j � 7 � �, t - � , •r- _ _:�'t: � � L !� �•{ -�r•' �� '� �� .+ � .� � ll"lI - �' �-,: -_= °°'` °'.' �._--- =:_�: .., _. y .,. „'. ...�;, �.� � � . , ��•�, , � ' �j �;�. � ' �� t ■�� "�! - ,�.�.vr�� i - �� o'=I�I11 • , ° I ;�� "�11 1 0 :-�� ; - ' _ ;'� . � � .�?�\ �� _ �� S Ir � " - - - CUTTiNG RE�UIRED ON �BOTH S1DES OF FENCE' • � _ - t - I � u E- _ ,n - � Q � �-�-• �� PROJECT # ; ; 243 ............. � _ � C:• � �„I� w� � � �3 � t i `M _. S C =. � _» i� �.._� � � �z;• � n zz-� w= �_= -= sr :- +e `� r u . - a ==� � .- Q C� p Q�7 A.�� a T.L: �..� �i a -". � r.-.' � a _= i =._ � . • �� R�i M - es_. a c�i� � � _ti � ' -_ � � � rc�_�a� -• �:-- r -=- � tc�a• a �.- -= —�- -_ ..° c.- c-=r'�� _: -= __-: � :s � -' ic:. a ' - - - i�� - ' -- '� —_ c : _ ? a= �_ .. ' a.. o _- �6 � �r�' �� - _n �• �� n . �-. - RESOL[iPI�T 1�U. — 1993 •� -• � ••��• � � i••,��a� i� ••,• • � �: • u • • � a�� +•� y�+ i� • � : �� •� •�• �� • ►� � �+ r� s+' • ., � a • W�, the construction of certain impravements is deemed to be in the interest of the City of FYidley and the property awners affected thereby. N�W� T�EFFORE, BE IT RE.SOLVED by the City Council of the City of Fridley, Anoka County, Minnesota as follaws: 1. That the follawing impravements proposed by Council Resolutions are hereby ordered to be effected ar�d c�mpleted as required: • • • • �. • • ►� � �+ ►• �- • •,. a • 2. The plans and specifications prepared by the Public Works Director for such i�rovements are hereby appraved arid shall be filed with the City Clerk. The Public Works Di.rector shall acoo�lingly prepare arid cause to be inserted in the official newspaper advertisements for bids upon the ma]cing of such impravements under such approved plans aryd specifications. The advertisement shall be published for three (3) wee.ks (at least 21 days), arid shall specify the work to be done and will state that the bids will be opened and considered at 10:30 a.m. on the 24th day of February, 1993, and that no bids will be oonsidered unless sealed and filed with the Public Works Director. That the advertisement for bids for GtiRRIDOR PI�OJECT ND. 243 shall be substantially in the standard foxm. PASSID APID ADOPTID BY THE CITY OOUNCIL OF Tf� CITY OF FRIDLEY Tf�S TH DAY OF JANU�RY, 1993. — A'ITEST: WILLIAM A. C�i11NIPA - CITY C'LEEtK : : WILISAM J. NEE - MAYOR Eng�neer�ng Sewer Waler Parks Slreets Mainlenance MEMORANDUM ,�+�. TO: William W. Bums, City Manager .�. PW93-017 � FROM: John G. Flora, Public Works Director DATE: January 11, 1993 SUBJECT: 1993 Water Capital Improvement — Repair of Well Nos 2, 6, and 7, Project No. 241 The 1993 Water Capital Improvement Budget approved by the City Council, identified $60,000 for repair of Well Nos.2, 3 and 7. As discussed in the previous memos, we would like to substitute the repair of Well No. 6 for Well No. 3 this year and reschedule repair of Well No. 3 for 1994. The specifications have been prepared and we are now ready to advertise for bids. The bid opening will be February 11, 1993, and the recommendation to award the contract is scheduled for the Council meeting on February 22, 1993. It is important to continue the preventive maintenance program on all wells and pumps throughout the water system in order to• ensure proper water quantities before the high demand season is upon us. Recommend the City Council authorize the advertisement for bids for the Repair of Well Nos 2, 6 and 7, Project No. 241 to be accomplished this spring. Motion: Motion to approve the advertisement for bids for Well Nos 2, 6 and 7 identified in the 1993 Water Capital Improvement Budget. BN/JGF:cz Attachments 0 �_� . �.. � City of Fridley State ot Minnesota Begi�ning Balance Revenues Funds Available Proiects Ending Balance . Beginning Balance Revenues Funds Availabie Proiects . Ending Balance BUDGET 1993 Water Capital improvements 1992 ' Inierest lncome Depreciation Total Revenues . Weil Repair 12 and ] 3 � � Repair to 1S MG Reservoir . . �Design 63rd Ave Booste� Siation 63rd Ave Boosier Pump . - Co�veri Pumphaise #13 � . ElectriaService Upgrade . - Totai Projects . � � - 1993 . Interest Income Depreciation Toia! Reve�ues Well Repair 2, 3 and 7, Locke Park Filter P1ant Repair Chlorine Room Modification New Project Water l/tility Computer System Totaf Projects 9A i - _ . ....... . . . ........ . � $1.070.117 85.609 322,683 408,292 � 1.478.409 42,000 . 42.000 17.827 80.000 25.000 � 57,750 264.577 $1.213.832 . Si,213.832 97.107 314.353 411.460 �625.292 � 60,000 -�� 500,000 70,000 60,000 . 690,000 �935.292 W � � � _ FOR CONCURRENCE BY THE CITY COUNCIL �p��' January 19, 1993 Type of License: By: Approved�By: Motor Vehicle Body Repair �- LICEN8E8 Tr�angle Coach Works, Inc. Tim Buttweiler Barbara Dacy 7869 Beech St. N.E. Community Dev.Dir. � ' Fridley,. Mn. 55432 . � e 12 0 � Fees: ' $125.00 n _ _ FOR CONCURRENCE BY THE CITY COUNCIL ELECTRICAi � Electrical Contractors Inc 15343 Curtis Ave NW Monticello MN 55362 D Wermerskirchen GAS SERVICES Rouse Mechanical Inc 11348 K-Tel Dr Minnetonka MN 55343 Gary Danzeisen GENER�IL CONTRAC�'OR-COMMERCIAL B& E Mobile Home Repair 11698 Oak Park Dr NE Blaine MN 55434 Robert Wilson Foocl Process & Control Inc ?786 Beech St NE Fridley MN 55432 Bert Martinez GENERAL CONTRACTOR-RESIDENTIAL Twin City Fireplace (8055) 1525 West River Rd Minneapolis MN 55411 Dale Anderson HEATING Air Conditioning Associates Inc 689 Pierce Butler Rte St Paul MN 55104 John Matthews Rouse Mechanical Inc 11348 K-Tel Dr Minnetonka MN 55343 Gary Danzeisen PLUMBING Erickson Mechanical Co Inc 2825 Fairoak Ave Anoka MN 55303 ' Jim Erickson Londer Bill Plumbing Inc 6480 Wayzata Blvd Minneapolis MN 55426 Bill Londer 12A �.......�.... ).).'t:�.�.t.�.�i1:5:t1�:�.�. .�. .�.�. ..�.c �.i.�.�...t. � ..1. . . .`H1;� LICENSEB STATE OF MINN Gary Ford Bldg/Mech Insp CLYDE WILEY Bldg Insp � Same STAT� OF MINN GARY FORD Bldg/Mech Insp Same STATE OF MINN Same Qlson Plumbing 931 - 44th Av� NE Columbia Heights MN 55421 Doug Olson Same 12B 13