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04/10/1995 - 4899< � � FRIDL$Y CITY COIINCIL MEETING unror :' f�a-�' ATTENDENCE SHEET _ Morrday, A ril 10, 1995 ' 7:�30 P.M. v PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN � r ;�PRINT NAME (CLEARLY) ADDRESS �-_ S 4 ;� � , � `� , e' Y C.� s� � o� le i�r �� � l,r��� �_ P�z��-s ���7 i3��.e��� C� �t/�,�,�� ��� ! ) iei A �_ '��� �� � �(a/—(�3lzv �}v� lL,,t=, S3�/ �o,�, �� �� l� � �6 � G(� � �� o f"-%� . � � � u TTEM NUMBER --E9 �/ t 0 /a, o/-i�.�d 1,oJ-1,o� /. tJi-i. vz r L CffY OF FRIOtEI' FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 1995 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatcnent, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regazd to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: BOARD OF REVIEW MEETING Board of Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.01 - 1.02 CITY COUNCIL MEETING APPROVAL OF MINUTES: City Council Meeting of March 20, 1995 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Recodifying the Fridiey City Code, Chapter 103, Entitled "Dangerous Weapons," by Adding Section 103.06, "Fees," and Renumbering the Remaining Sections Consecutively, and Amending Chapter 11, "General Provisions and Fees," 103, for Firearms a �: ........ 2.01-2.02 FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 1995 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA (CONTINUEDI: OLD BUSINESS (CONTINUED�. Second Reading of an Ordinance Recodifying Chapter 801 of the Fridley City Code in its Entirety, Entitied "Curfew," and Adopting a new Chapter 801 Entitled „Curfew" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.04 NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of March 15, 1995 . . . . . . . . . 4.01 - 4.13 Establish a Public Hearing for April 24, 1995, for a Vacation Request, SAV #95-01, by the City of Fridley, to Vacafie all that Part of the Egress Road from T.H. 47 � (University Avenue), in Order to Construct a Single Family Home on the Property, Generally Located at 5900 Third Street N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.02 FRIDLEY CITY COUNCIL MEETING OF APRIL 10, 1995 Page 3 APPROVAL OF PROPOSED CONSENT AGENDA�CONTINUED): NEW BUSiNESS �CONTINUEDi: Establish a Public Hearing for April 24, 1995, for Longhorn Grill for an Intoxicating Liquor License (Ward 3) . . . . . . . . . . . . . 6.01 Receive Bids and Award Contract for 1995 Removal and Replacement of Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 279 . . . . . . . . . . . . . . . . . 7.0'! - 7.03 Receive Proposals and Award Design and Construction Inspection Contract for the 53rd Avenue Water Booster Station Renovation Project No. 280 (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.02 Resolution Approving Minnesota Department of Transpor��tion Limited Use Permit for the University Avenue Bike Path from 73rd Avenue North to 85th Avenue (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.02 FRIDLEY CtTY COUNCIL MEETiNG OF APRIL 10, 1995 Page 4 APPROVAL OF PROPOSED CONSENT AGENDA jCONTINUED): NEW BUSINESS (CONTINUED� Resolution Approving the First Supplemental Trust Indenture and Authorizing the Execution Thereof For the Ci#y of Fridley, Minnesota, $6,190,000 Floating Rate Demand Commercial Development Revenue Bonds (River Road Investors Project) Series 1984 . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.18 Appointment: City Employee . . . . . . . . . . . . . . . . . . 1 'l .01 Claims ................................... 12.01 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � -'l �.(7'I - � 3.08 FRiDLEY CITY COUNCIL MEETING OF APRIL '! 0, 1995 Page 5 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARING: Creation of a Special Taxing District for the Harris Pond Treatment Program (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.01 - 14.07 NEW BUSINESS: Receive an Item from the Appeats Gommission Meeting of March 14, 1995: A. Variance Request, VAR #95-03, by Nordquist Sign Company, to Increase the Size of a Wa11 Sign from 3 Square _ Feet to 49 Square Feet at the Fridley - Convalescent Home, Generally Located at 7590 Lyric Lane N.E. (Ward 1) . . . . . . . . . . . . . . 15.01 - 15.14 FRIDLEY C1TY COUNCIL MEETING OF APRIL 10, 1995 NEW BUSINESS�CONTINUEDI: Receive an Item from the Appeals Commission Meeting of March 28, 1995: Page 6 A. Variance Request, VAR #95-05, by Stephen Hosch, to Reduce the Setback of an Addition to an Attached Single Car Garage from 4 Fee# to 3 Feet, Generally Located at 6570 Second Street N. E. (Ward 1) . . . . . . . . . . . . . . . . . . 16.01 - 16.15 Approve Addendum to the Lease Agreement Befinreen the City of Fridley and Recycle Minnesota Resources, Inc. . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.03 tnformal Status Reports ADJOURN: .......................... 18.01 .� � �RII��.EY CITY CUUNCIL MEETING OF APRIL 10,1995 , Z�2� L�: � � � �' � �a�r The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in iu services, programs, or acrivities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's service�, programs, and activiries. Hearing impaired persons who need an interpreter or other persons with disabiliries who requue ai�aciliary aids should contact Roberta Collins at 5'72-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: BOARD OF REVIEW MEETING Board of Review . . . . . . . . . . . . . . . . 1.01 - 1.02 . -�/�^-�'���-+.�.� �( �' ... ��Z ����- , C/TY COUNC/L MEET/NG APPROVAL OF MINUTES: City Council Meeting of March 20, 1995 cr. - � /,G�_� � ���� J �. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 103, Entitled "Dangerous Weapans," by Adding Section 103.Q6, "Fees," and Renumbering the Remaining Sections Cansecutivety, and Amending Chapter 11, "Genera! Provisions and Fees," 103, for Firearms . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.02 �L,�,�� `w�`:-=,^z-� ,:z.��'7 �;/��-L�-�- �> �' Second Reading of an Ordinance Recodifying Chapter 801 of the Fridley City Code in its Entirety, Entitled "Curfew," and Adopting a new Chapter 801 Entitled "Curfew" . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.04 �� �,(r�/' Gs " %.'v�% ic--{'�' ��Sr���� c�,� � - . �. = . • �1[.`I���]�# Establish a Pubtic Hearing for April 24, 1995, for a Vacation Request, SAV #95-01, by the City of Fridiey, to Vacate all that Part of the Egress Road from T.H. 47 (University Avenue), in Order to Construct a Single Family Home on the Property, Generafly Located at 5900 Third Street N.E. (1lVard 3) . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.02 , ,���� �=� �� �/Z y/y�-- Establish a Public Hearing for April 24, 1995, for Longhorn Grill for an Intoxicating Liquor License (Ward 3) 6.01 . -�'� � ; � �- �/�-�/�-- �� Receive Bids and Award Contract for 1995 Removal and Replacement of Miscellaneous Cancrete Curb, Gutter and Sidewalk Project No. 279 ..... 7.01 - 7.03 � �_�.(% �` � ��.-tiL -�--�-� �,�-� .,�'�-�� ' � -�� �-6, 93 �'- Receive Proposals and Award Design and Construction Inspection Contract for the 53rd Avenue Water Booster Station Renovation Project No. 280 (Ward 1) . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.02 ,G�...z.� . � C'w-�-�, c <„�,.z,� � �� � La..a�._� �r <" :,J�-� v` GL'u'°-�t� i NEW BUSINESS: Resolution Approving Minnesota � Receive the Minutes of the Planning Department of Transportation Limited � Commission Meeting of March 15, Use Permit for the University Avenue 1995 .......% � 4.01 - 4.13 Bike Path from 73rd Avenue North to ��� ` 85th Avenue (Ward 3) . . . ........ 9.01-9.02 d--te---1 � '�� �/�Cy.• APPROVAL OF PROPOSED CONSENT AGENDA (CONTINUED►• NEW BUSINESS �CONTINUED�, Resolution Approving the First Supplemental Trust Indenture and Authocizing the Execution Thereof For the City of Fridley, Minnesota, $6,190,000 Floating Rate Demand Commercial Devetopment Revenue Bonds (River Road Investors _;s Project) Series 1984 . . . . . . . . . . . . 10.01 —10.18 �: _...y � �l��r`L C �> , / Z. Appointment: City Employee . . . . . 11.01 ��'`L, e �L' �-�� Claims . . . . �:�'`'��? :`.s'!,': .�..�.�� 12.01 NEW BUSINESS: Receive an item from the Appeals Commission Meeting of March 14, 1995: :• � A Variance Request, VAR #95-03, by Nordquist Sign Company, to Increase the Size of a Wall Sign from 3 Square Feet to 49 Square Feet at the Fridley Convalescent Home, Generally Located at 7590 Lyric Lane N.E. (Ward 1) .. 15.01 -15.14 : f / ,Q �,G�`Z� ����jL-�,r--z� ' _ % 5�-�:.w�� , Receive an Item from the Appeals Commission Meeting of March 28, 1995: A. Variance Request, VAR #95-05, by Stephen Hosch, to Reduce the Setback of an Addition to an Attached Single Car Garage from 4 Feet to 3 Feet, Generally Located at 6570 Second Street N.E. (Ward 1) . . . . . . 16.01 -16.15 �"v��`",-�,� �'`� �,'�"��y`�' " Licenses ...�a��-:��. .. 13.01 - 13.08 Approve Addendum to the Lease Agreement �� Between the City of Fridley and Recycle i�1innesota Resources, Inc . . . . . . . . . . . . . . . 17.0'9 -17.03 C` - i� f ADOPTION OF AGENDA: �.�-r�c.��C �:� .r ���G� z�`�-- OPEN FORUM. VISITORS: (Consideration of Items not on Agenda -15 Minutes) � ��11� PUBI.IC HEARING: /� ( � �iv-4� - Informal Status Reports . . . . . . . . . . . . . . . . 18.01 .� �' ���� . . , �.. .. ,^ . . _ ......._._ J�, , � ��� %/,,�.r� �: � ��.:� v� C �- / .� J� � /.1- � ( �� 5��2-�-�e� ��..��%� ,�"� , A JOURN: �/S� � 1� , Creation of a Special Taxing District ��`" `� °�� �����`y��! for the Harris Pond Treatment Program (Ward 2) . . . . . . . . .�� , . . . �, � . �. . �. . . 14.01 - 14.07 , � -� �; � '�� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MARCH 20, 1995 The Regular Meeting of the at 8:38 p.m. by Mayor Pro the School Districts. PLEDGE OF ALLEGIANCE: Fridley City Council was called to order Tem Schneider after a joint meeting with f Mayor Pro Tem Schneider led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: Mayor Pro Jorgenson, Bolkcom Mayor Nee Tem Schneider, Councilwoman Councilman Billings, Councilwoman Mayor Pro Tem Schneider stated that Mayor Nee is still recup- erating after breaking several bones in his leg but expects to be back shortly. APPROVAL OF MINUTES: COUNCIL MEETING, MARCH 6. 1995: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: Mr. Burns, City Manager, briefly reviewed each item on the consent agenda. OLD BUSINESS• 1. ORDINANCE NO. 1046 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION RE4UEST SAV #94-04, BY CEANN HALUPTZOK) �WARD 2� : Mr. Burns stated that this ordinance is to vacate a portion of a drainage and utility easement. He stated that as a result of title work by the owner, it was found that the garage was built six inches over this easement. He stated�;it.. is recommended that Council approve this vacation, as the owner has agreed to sign a hold harmless agreement for any inj uries or damages that may occur to the property as a result of this vacation. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 2 WAIVED THE READING AND ADOPTED ORDINANCE NO. 1046 ON THE SECOND READING AND ORDERED PUBLICATTON. NEW BUSINESS• � 2. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 103, ENTITLED "DANGEROUS WEAPONS," BY ADDING SECTION 103.06 "FEES " AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY, AND AMENDING CHAPTER 11, "GENERAL PROVISIONS AND FEES," 103, FOR FIREARMS: Mr. Burns said that the state statute authorizes municipa- lities to charge a$10.00 fee for a permit to carry a weapon. He stated that this proposed ordinance would adopt this fee, along with an existing $25.00 fee, for a permit to discharge a weapon. He stated that a permit to discharge applies to the testing or use of weapons for target practice. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 3. FIRST READING OF AN ORDINANCE REPEALING CHAPTER 801 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY ENTITLED "CURFEW " AND ADOPTING A NEW CHAPTER 801 ENTITLED "CURFEW:" Mr. Burns stated that this ordinance repeals the previous curfew laws and establishes new ones. He stated that the ordinance also includes the legal definitions of terms and establishes new categories for youth under the age of sixteen and those sixteen and seventeen. He stated that the curfew for those under sixteen on Sunday through Thursday is 10:00 p.m. to 5:00 a.m. and on Friday and Saturday it is 11:00 p.m. to 5:00 a.m. He stated that the curfew for those sixteen and seventeen on Sunday through Thursday is 11:00 p.m. to 5:00 a.m. and on Friday and Saturday it is 12:00 midnight to 5:00 a.m. Mr. Burns stated that this ordinance is similar to one adopted in Hennepin County, and it is likely to be adopted by Anoka County. He stated that the goal is to have this new curfew in effect for the start of Project Safety Net. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 4. E5TABLISH A PUBLIC HEARING DATE FOR APRIL 24 1995 FOR STREET IMPROVEMENT PROJECT NO. ST. 1995-2: Mr. Burns stated that Council should set a public hearing date for improvements on 68th Avenue and Arthur Street. PUBLIC HEARING SET FOR APRIL 24, 1995. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 3 5. RECEIVE $IDS AND AWARD CONTRACT FOR VOICE PROCESSING SYSTEM: Mr. Burns stated that this voice processing system would allow for leaving messages at all the City's telephone stations. He stated that it compliments the 24 hour city hall system and can be built into the City's current telephone system without major changes. He stated that the cost is included in the budget as part of the 1994 Capital Improvement Plan. He stated that maintenance costs for the voice mail range from $1,500 to $2,000 per year and $1,200 per year for the 24 hour city hall system. Mr. Burns stated it is recommended that Collins Communications be awarded the contract. RECEIVED BIDS AND AWARDED CONTRACT TO COLLINS COMMIJNICATIONS FOR THE VOICE PROCESSING SYSTEM IN THE AMOUNT OF $33,587.39. 6. RECEIVE BIDS AND AWARD CONTRACT FOR SANITARY AND STORM SEWER REPAIR PROJECT NO. 277: Mr. Burns stated that this project involves sanitary and storm sewer repairs. He stated that the sanitary sewer projects include 605 feet of corrugated metal pipe at Lucia Lane and 661 feet of pipe along 7th Street near Commons Park. He stated that the storm sewer project includes 315 feet of pipe on 75th Avenue. . He stated that the total cost of these projects is $152,505; $72,505 for the sanitary sewer projects and $80, 000 for the storm sewer project. He stated that funds are budgeted for these projects in the sanitary sewer and storm sewer funds in the Five Year Capital Improvement Plan. Mr. Burns stated it is recommended that Insituform Central, Inc. be awarded the bid in the amount of $152,505. RECEIVED BID AND AWARDED CONTRACT TO INSITUFORM CENTRAL, INC. IN THE AMOUNT OF $152,505 FOR SANITARY AND STORM SEWER REPAIR PROJECT NO. 277. 7. RECEIVE BIDS AND AWARD CONTRACT FOR THE PURCHASE OF A HIGH VELOCITY SEWER CLEANER tJETTING MACHINEI_: Mr. Burns stated that two bids were received for this sewer jetting machine. He stated that the low bidder was ABM Equipment Company in the amount of $43,900, and staff recommends the contract be awarded to them. RECEIVED BIDS AND AWARDED CONTRACT TO ABM EQUIPMENT COMPANY IN THE AMOUNT OF $43,900 FOR THE PURCHASE OF A HIGH VELOCITY JETTING MACHINE. FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 4 8. RESOLUTION NO. 21-1995 DETERMINING THAT A PUBLIC HEARING LON APRIL 24 , 1995) IS NECESSARY TO CONSIDER THE PROPOSED TRANSFER OF CONTROL OF MINNESOTA CABLE PROPERTIES, INC.: Mr. Burns stated that this public hearing is to consi$er the proposed transfer of control of the local cable system from KBLCOM, Inc. to Time Warner. ADOPTED RESOLUTION NO. 21-1995. 9. RESOLUTION NO. 22-1995 REQUESTING THE LEGISLATURE AND GOVERNOR OF THE STATE OF MINNESOTA TO PASS AND SIGN INTO LAW SPECIAL LEGISLATION FOR THE FRIDLEY HOUSING REPLACEMENT PROGRAM: Mr. Burns stated that Fridley is working with the City of Crystal to establish state authorization for a pilot housing program. He stated that this would allow the Housing and Redevelopment Autharity to capture increment created by new construction on various scattered residential sites for a period of twenty years. He stated that these funds would be used only for housing programs and become part of a revolving fund used principally for housing rehabilitation loans. He stated that the HRA adopted a similar resolution. ADOPTED RESOLUTION NO. 22-1995. 10. CLAIMS• APPROVED - NOS. 60702 THROUGH 60958. 11. LICENSES• APPROVED AS ON FILE IN THE LICENSE CLERK'S OFFICE. 12. ESTIMATES• APPROVED. There were no comments from the audience regarding the proposed consent agenda items. MOTION by Councilman Billings to approve the consent agenda items. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MARCH 20 1995 PAGE 5 OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING• 13. PUBLIC HEARING ON THE ESTABLISHMENT OF A SPECIAL `TAXING DISTRICT FOR THE HARRIS POND TREATMENT PROGRAM fWARD 2): MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Bolkcom. Upon a voice vote, a1I voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8:50 p.m. Mr. Flora, Public Works Director, stated that the City has received petitions from residents abutting Harris Pond to treat the pond for weeds and algae and for phosphorus reduction. He stated that a phosphorus treatment is suggested every four years with treatment for weeds and algae being done yearly. Mr. Flora stated that only one person from New Brighton did not sign the petition, and he understands that this person is on vacation. Mr. F1ora stated he would recommend that Council consider autho- rizing the treatment of Harris Pond for this year at a cost of $5, 631. He stated that the cost would be shared fifty-fifty by the City and abutting property owners. He stated that if Council wishes to authorize the treatment on a continuing basis, a public hearing would need to be conducted in order to establish a special taxing district. Mr. Jim Furgason, 6381 Squire Drive, thanked Mr. Flora for arranging this public hearing. He requested that Council take action this evening to authorize the treatment of Harris Pond because of the thaw also because the contractor wished to get started with the treatment. MOTION by Councilwoman Jargenson to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. NEW BUSINESS: 14. AUTHORIZE THE SPECIAL ASSESSMENT FOR THE TREATMENT OF HARRIS POND• •AND AUTHORIZE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND LAKE RESTORATION, INC FOR THE TREATMENT OF HARRIS POND (WARD 2): AND ESTABLISH A PUBLIC HEARING FOR APRIL 10 1995 FOR CREATION OF A SPECIAL TAXING DISTRICT FOR THE HARRIS POND TREATMENT PROGRAM: Mayor Pro Tem Schneider stated that, as he understands, the treat- ment would be for this year, and another public hearing would be FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 6 necessary to create a special taxing district in order to continue this treatment program beyond this year. MoTION by Councilman Billings to authorize execution of the 1995 agreement between the City and Lake Restoration, Inc. �or the treatment of Harris Pond, with a cost sharing of fifty percent by the City and fifty percent by the abutting property owners. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilman Billings to set a public hearing for April 10, 1995 to create a special taxing district for Harris Pond. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 15. APPROVE THE HUMAN RESOURCES COMMISSION'S 1993 CDBG FUND REALLOCATION AND THE 1995 CDBG ALLOCATION RECOMMENDATIONS: Mr. Hickok, Planning Coordinator, stated that the Human Resources Commission recommended that $4,120 available from the 1993 CDBG funds be reallocated as follows: St. Philip's Lutheran Church Middle 5chool Program, $1,100; Anoka County Community Action Senior Outreach Program (ACCAP), $2,000; and the Community Emergency Assistance Program, Inc. (CEAP), $1,020. Mr. Hickok stated that in regard to the 1995 CDBG funds, there were a number of options. He stated that the original proposal for the $30,000 for public service grants was for $2,500 each to be given to the Senior Outreach and Senior Home Companion programs, leaving a balance of $25,000. He stated that a revised proposal was to allocate $5,000 for Senior Outreach and $3,000 for Senior Home Companion programs, leaving $22,000 for other public service grants. Mr. Hickok stated that a compromise proposal that may be considered would be to allocate $3,000 for Senior Outreach and $3,000 for Senior Home companion programs, leaving a$24,000 balance. Mayor Pro Tem Schneider asked if the compromise proposai has been recommended by the Human Resources Commission. Mr. Hickok stated that this compromise proposal has not been presented to the Human Resources Commission. Mr. Oquist, Chairman of the Human Resources Commission, stated that the compromise proposal has not been presented to the Commission, __. and he understands that it is a recommendation from staff. He stated that he is not sure the Commission would be in favor of the compromise, as they wished to keep the 1993 and 1995 CDBG funds separate. Mr. Hickok stated that the reason the 1995 allocations are before the Council was in case they wished to consider the 1993 and 1995 FRIDLEY GITY COUNCIL MEETING OF MARCH 20 1995 PAGE 7 CDBG funds together. He stated that the 1993 funds may substitute for what would be given in 1995. Mr. Oquist stated that the 1993 CDBG funds need to be spent by June, therefore, they cannot be considered with the 199`5 CDBG funds. He stated that the Commission has no problem with funding the senior programs, but he would like direction from Council if this is their wish. Ms. Dacy, Community Development Director, stated that it is her understanding that the reallocated funds can be used until the end of June, and as of July 1, funding is available from the 1995 CDBG funds. She stated that the Senior Outreach Program needs $5,000 a year, and staff's position was to recommend options to fund this program using $2,000 from 1993 funds and $3,000 from 1995 funds. MOTION by Counci2man Billings to concur with the recommendation of the Human Resources Commission for the reallocation of the 1993 CDBG funds as follows: St. Philip's Lutheran Church Middle School Program, $1,100; Anoka County Community Action Senior Outreach Program (ACCAP), $2,000; and the Community Emergency Assistance Program, Inc. (CEAP), $1,020. Seconded by Councilwoman Jorgenson. Upon a voice vote, aZl voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MoTION by Councilman Billings to allocate $30,000 for public service grants from the 1995 GDBG funding as follows: Senior Outreach Program, $3,000; Senior Home Companion Program, $3,000; and the Human Resources Commission submit a recommendation on how the balance of $24,000 should be allocated. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 16. APPROVE AGREEMENT FOR COMPREHENSIVE RECYCLING SERVICES BETWEEN THE CITY OF FRIDLEY AND SUPER CYCLE INCORPORATED: Mr. Hickok, Planning Coordinator, stated that the City has received proposals for recycling services. He stated that the Request for Proposal (RFP) was published in Focus News, and there was interest from seven potential contractors. He stated that four RFP's were received, and the lowest was from Super Cycle in the amount of $156,488.28. He stated that the cost for the City's recycling services will be paid through the Solid Waste Abatement Program fee and SCORE funds. Mr. Hickok stated that this proposal was submitted to the Environ- mental Quality and Enerqy Commissiot�6-and they concur with staff's recommendation to add telephone books to the list of recyciable items. He stated that the agreement is for two years with fines imposed for failure to perform as specified. He stated that the agreement also includes two annual community-wide curbside collec- tions of canned foods, the addition of cereal boxes and textiles, FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 8 the opportunity to add plastics if the local market value improves, and the City would take ownership of multi-unit recycling containers. Councilwoman Jorgenson questioned the cost to the City �o take ownership of the recycling containers. Ms. Dacy, Community Development Director, stated that the cost for these containers has been amortized over the last three years and was figured into the cost of the contract. She stated that there would be a reduction in the contract pertaining to this item as of April 1, 1996. Councilman Billings stated that the City has paid for the con- tainers over the term of the contract and could not see why the City should not take ownership. Councilwoman Jorgenson stated that she has a concern about replace- ment costs, and she asked how many the City has replaced over the Tast three years. Mr. Glander, representing Super Cycle, stated that the cost for the 90 gallon container is about $60, and they last six to seven years. He stated that the City probably has about two hundred containers and would be saving, as their contract will be reduced when the City takes ownership on April 1, 1996. He felt that it was advantageous for the City to take ownership, as maintenance costs are very low. Mr. Glander stated that he is not aware that any of the containers have been replaced in Fridley. MOTION by Councilwoman Bolkcom to authorize the Mayor and City Manager to enter into an agreement with Super Cycle, Inc. for recycling services. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Councilwoman Bolkcom felt that residents should be able to bring their plastics to the recycling center at no charge, and this should probably be reviewed in the near future. 17. RECEIVE BIDS AND AWARD CONTRACT FOR RICE CREEK PLAYGROUND EQUIPMENT, PROJECT NO. 278: Mr. Kirk, Director of Recreation and Natural Resources, stated that six companies submitted bids for the Rice Creek playground equipment. He stated that there were a total of eight bid packages, as two of the coaa�aanies submitted two different options. He stated that there was an alternate bid which included the installation of the equipment. He stated that each potential bidder was told that $30,000 was available to purchase equipment and asked to design an equipment package that included a structure far youngsters ages two to five and a separate structure for ages five to twelve. FRIDLEY CITY COIINCIL MEETING OF MARCH 20, 1995 PAGE 9 Mr. Kirk stated that the proposals were reviewed by staff, the Parks and Recreation Cammission, and representatives of the Rice Creek Townhomes. He stated that residents of the area were invited to review the bid information at a meeting held on March 9. He stated that fourteen people attended, and their choice of equipment was the same as the proposal favored by staff and supplied by Minnesota/Wisconsin Playgrounds, Inc. MOTION by Councilwoman Jorgenson to receive the following bids for the Rice Creek playground equipment, Project No. 278: Bidder Base Alt. Total Bid Bid Bid St. Croix Recreation Co., Inc. 915 Northland Avenue Stillwater, MN 55082 $30,000 $7,690 Flanagan Sales, Inc. 4272 Highland Drive Shoreview, MN 55123 Valus Recreation 555 W. 78th Street Chanhassen, MN 55317 Bob Klein & Associates* 1303 Lincoln Lane Hastings, MN 55033 MN/WI Playground, P.O. Box 27328 Golden Valley, MN Inc. 55427 $30,000 $6,980 $30,000 $6,923 $30,000 $6,200 $30,000 $6,200 $30,000 $7,8�5 $37,690 $36,980 $36,923 $36,200 $36,200 $37,895 Earl F. Andersen, Inc.* 9808 James Circle $30,000 $5,755 $35,755 Bloomington, MN 55431 $30,000 $5,879 $35,879 * Submitted two bids Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Mr. Kirk stated that as it stands now, the installation would�be done by the City. He stated that one person has expressed an - interest in assisting with the installation of the equipment. He stated that it is expected the equipment would be installed about the first part of June. MOTION by Councilwoman Jorgenson to award the contract for the Rice Creek playground equipment, Project No. 278, to Minnesota/Wisconsin FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 10 Playground, Inc. in the amount of $30,000. Seconded by Council- woman Bolkcom. Councilman Billings asked if this item was in the Five Year Capital Improvement Plan. � Mr. Kirk stated that it is in the Five Year Capital Improvement Plan, and the total allocated for this park was $35,000 for the playground equipment and work on the court surface. He stated that the court surface would be about $5,000 to $8,000, and he has been told verbally from the owner of the Rice Creek Townhomes that he would contribute $5,000. UPON A VOICE Vt3TE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. Mayor Pro Tem Schneider stated that he would like the residents to participate in the installation of the equipment. Councilwoman Bolkcom suggested that all neiqhboring residents participate, not only those from the townhomes. She thought that perhaps the block captains could promote this idea to make it a community effort and possibly, even having a social gathering. 18. FIRST READING OF AMENDMENT TO RENTAL INSPECTION ORDINANCE: Mr. Burns, City Manager, stated that this is a proposed ordinance amendment to deal with current difficulties the City is having in the rental inspection program. He stated that there is an absence of cooperation from apartment owners in providing representatives or apartment staff on rental inspections. He stated that the alternative is to make appointments with each renter which slows down the program and forces inspections in the evening and on weekends. Mr. Burns stated that the proposed amendments would require owners or their agents to accompany the City's rental inspectors; require owners or their agents to provide access to the units; require owners or their agents to notify tenants of pending inspections; and require the City to give a minimum of one week's notice to owners. He stated that the expected benefits from this change is to reduce the City's liability, provide accessibility to units, and better direct communication with the owner or his representative. Councilman Billings asked if the proposed amendment was new language or replacement language. Mr. Larson, Deputy Fire Chief, stated that the language in the present ordinance does not address the owner or his representative accompanying the inspector. He stated that there is one owner that is not cooperating with the City on these rental inspections. FRIDLEY GITY COUNCIL MEETING OF MARCH 20� 1995 PAGE 11 Councilman Billings felt that the ordinance should not be changed to accommodate one owner when the City is receiving cooperation from all the others. Councilman Billings felt that the ward "agent" had to }fe more clearly defined. He asked if an owner lives out of state and did not have an employee or representative, if he would have to come to Fridley for the inspection of his building. Mr. Burns stated that the City plans to be reasonable and accommo- date those situations. He stated that the inspections are done once every four years. He felt that if an owner is out of town, he would have a representative that the City could contact. Mr. Gregg Herrick, Assistant City Attorney, stated that the owner could designate someone to be his agent, as far as negotiating the times for the inspections. Mayor Pro Tem Schneider felt that Councilman Billings had a valid point. He stated that the literal interpretation is that a seven day advance notice is provided and, technically, the City could notify a person who is out of town to be present in seven days for the inspection. Councilman Billings stated that since the City has had only a problem with one owner, he would like to take a wait and see approach. If they have a tremendous problem in obtaining access to units, then it becomes a situation that requires action. Ms. Dacy, Community Development Director, stated that two new sentences were added ta this proposed amendment. Councilman Billings stated that it seems the current language covers the situation of an uncooperative owner. He stated that he did not feel that adding the additional language would change the enforcement as a court order could be obtained. Mr. Herrick felt that the added language would be beneficial for the City in the event this would go to court. Mayor Pro Tem Schneider questioned if the City is accomplishing what was intended when the rental ordinance was adopted. He questioned if there was reasonable enforcement on some of the more minor items. Mr. Larson stated that they cannot ignore items that are illegal and against the codes. He stated that ?f_illegal extension cords are being used, it is not the owner's responsibility, but it is the tenant�s. Councilman Billings stated that his problem is not necessarily the level of inspection, but he is uncertain that the added language FRIDLEY CITY COUNCIL MEETING OF MARCH 20, 1995 PAGE 12 would give better results than the current language. He felt that if this becomes a serious problem, the City would need to adogt more stringent language. Councilwoman Bolkcom asked why the City is not obtaining � court order. Mr. Larson stated that the City needs to obtain a search warrant from the court, and then have a police officer serve it. Councilman Billings stated that if that is the case, there should be language that if the owner does not cooperate, the City would obtain a search warrant, and all costs associated with this action will be assessed to the property owner. Mayor Pro Tem Schneider asked if the City had met with the owner. Mr. Burns stated that he had conversations with three owners. He stated that Mr. Belgarde, Sr. and Mr. Belgarde, Jr. agreed to review some of the less serious items, but they stood firm in not providing someone to accompany the City inspector on these inspections. He stated that he has not been in contact with Mr. Yaffe. He stated that he agrees with Councilman Billings' statements, but the problem is here. He stated that there are about 360 units at Springbrook. About half the units have been inspected, and there are a lot of problems. Councilwoman Jorgenson felt that "representative" had to be defined. She believed that the City needs a more stringent ordinance, and any costs associated with the enforcement should be assessed to the owner. She suggested that perhaps the occupancy permits could be removed. Councilwoman Jorgenson asked if a search warrant would be required for each of the units. Mr. Herrick stated that a substantial effort would have to be made to locate the occupant of the units. Mayor Pro Tem Schneider asked if the ordinance remains the same, if it would be extremely difficult to obtain a search warrant. Mr. Herrick stated that it definitely would be costly. He felt that perhaps any new language could be structured that the court require the landlord be present to assist with the inspections. Councilwoman Bolkcom asked if it would make a difference in the enforcement if the two proposed sentences were added to the ordinance. Mr. Herrick stated that it would provide a backup, and the City could obtain a search warrant and a court order requiring the owner FRIDLEY CITY COUNCIL MEETING OF MARCH 20. 1995 _ PAGE 13 to comply and assist in the inspections. He stated that the City could possibly get an order that would cover more than one unit. Councilman Billings stated that he does not feel comfortable with a first reading of this ordinance and would like staff to make some changes. MOTION by Councilman Billings to table this item and refer it back to staff for review and submission at a 2ater date. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 19. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there are two items to be discussed informally after this meeting. He stated that one item pertains to the four-plex on 57th Place, and the other item concerns improvement costs for Stonybrook Creek. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of March 20, 1995 adjourned at 10:22 p.m. Respectfully submitted, Carole Haddad Dennis L. Schneider Secretary to the City Council Mayor Pro Tem FOfm NO. A. F. 4— Notice tn Ciark nf ManN.,n nf R.,��.a ..� o.,.,:,.... .r_.._r. w�. - — - -- • ---�--• �y......�..,...... -�.v rvu�ner, � OFFiCE OF C4UNTY ASSESSOR � TO THE CIERK OF THE City pF Fridle . Anoka COUNTY, MINNESOTA: NOTiCE IS HEREBY GIVEN, That the Tenth day of Aprii, 1995 at 7: 3Q o'ciock P• M., has been fixed as the date for the meeting of the Board of Review— � � (Strike out one} 'Equalization—in your _ City for said year. This meeting should be held in your office as provided by law. Pursuant to the provisions of Minnesota Statutes Section 274.03, you are required to give notice of said meeting by publication and posting, not iater than ten days prior to the date of said meeting. Given under my hand this Thirteenth day of Februar �9 95 � _ f_ , i C nty Assesso � Anoka County, Minnesota Applies oNy to Cities whose charter provides for a Board of Equ�l�za!lon instead ot a Board oi Review. i 1.01 CTTY OF FRIDLEY OFFICTAL PUBLICATION ASSESSMENT NOTICE NOTICE IS HEREBY GIVEN, that the Board .of Review of the City of Fridley in Anoka County, Minnesota, will meet at the Fridley Municipal Center, 6431 University Avenue Northeast, in said City on Monday the lOth of April, 1995 at 7:30 P.M., for the purpose of reviewing and correcting the assessments of said City of Fridley for the year of Z995. All persons considering themselves aggrieved by said assessment or titho wish to complain that the property of another is assessed too low are hereby notified to appear at the said meeting and show cause for having such assessments corrected. No complaint that another person is assessed too low will be acted upon until the person so assessed, or his agent, shall have been notified of such complaint. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than April 4, Z995. Given ur.der my hand this 20th day of March, 1995. William A. Champa City Clerk Published: March 28, Z995 Focus News April 4, 1995 Focus News 1.02 �/is;A� `�^� ,,i,, :,; ��i ���� � ,. �� Y�,r•_' ��ti � .. DATE APRIL FROM LT. ZI SUBJECT POLICE DEPARTMENT C�ty of F��ai�y Minnesota SECOND READING OF A PROPOSED ORDINANCE CHANGE TO CHAPTERS 11 AND 103 RECOMMENDATION MEMORANDUM TD BILL BURNS, CITY MANAGER � First Reading of the attached ordinance change occurred at the March 20, 1995 meeting. Staff recommends that the City Council approve the second and final reading of the attached ordinance approving the changes and addition of fees. 2.0� INFO ORDINANCE N0. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 103, ENTITLED "DANGEROUS WEAPONS", BY ADDING SECTION 103.06� "FEES", AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY, AND AMENDING CHAPTER 11, "GENERAL PROVISIONS AND FEES", 103, FOR FIRE ARMS CHAPTER 103. DANGEROUS WEAPONS 103.06 FEES � Permit fees shall be as provided in Chapter 11 of this Code. CHAPTER 11. GENERAL PROVISIONS AND FEES 103 Fire Arms Permit to Carry $10.00 Permit to Discharge $25.00 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF _ _ , 1995. ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: March 20, 1995 Second Reading: Publish: __ 2.02 WILLIAM J. NEE - MAYOR POLICE DEPARTMENT Gity of Fridley Minnesota TO: FROM: SUBJECT: DATE: MEMOI�:ANDUM WILLIAM W. BURNS ,�`� GARY LENZMEIER ��, CURFEW ORDINANCE CHANGE April 7, 1995 Attached is the proposed ordinance change on Curfews. It is similiar to ihe ordinance adopted by Hennepin County and likely to be adopted by Anoka County. You will note that it is much more comprehensive than our current Curfew Ordinance. This is to comply with recent court decisions regarding curfews. If Anoka County adopts a countywide ordinance that is substantially different than this proposed change, we can make a decision at that time to repeal our ordinance or continue to use it. It was on the March 20th, 1995 Council Agenda for a first reading. Staff recommends that the City council approve the second and final reading of the ordinance so that it will be in place for the proposed start of "4peration Safety Net". 3.01 Ordinance No. ORDINANCE REPEALING CHAPTER SO1 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY, ENTITLED "CURFEW", AND ADOPTING A NEW CHAPTER 801 ENTITLED "CURFEW". SO1.01 FINDINGS AND PURPOSE 1. In recent years, there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violen� A significant percentage of juvenile crime occurs during curfew hours. 2. Because of their lack of maturity and experience, juveniles are particularly suscept ible to becoming victims of older perptrators. The younger the person is, the more likely he or she is to be a victim of crime. 3. While parents have the primary responsibility to provide for the safety and welfare of juveniles, Fridley also has a substantial interest in the safety and welfare of juveniles. Morever, the City of Fridley has an interest in preventing juvenile crime, promoting parental suprvision, and providing for the well being of the general public. 4. An updated and enforceable curfew ordinance will reduce juvenile victimization and crime and will advance public safety, health, and general welfare. 801.02 DEFIMTIONS 1. "Juvenile" means a person under the age of eighteen (18). The ierm does not include persons under 18 who are married or have been legally emancipated. 2. " Parent" means birth parents, adoptive parents, and step parents. 3. "Guardian" means an adult appointed pursuant to Minn. Stat. 525.6155 or 525.6165 who has the powers and responsibilities of a parent as defined by Minn. Stat. 525.619. 4. "Responsible adult" means a person over the age of eighteen (18) speciFcally authorized by law or by a parent or guardian to have custody and control of a juvenile. 5. " Public Place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. 6. "Emergency" means a circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury, or loss of life. 7. "Serious bodily injury" means bodily injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss of impairment of the function of any body part or organ. 8. "f�.�?�3hment" means any privately owned place of business to which the public is invited, including but not limited to any place of amusement, entertainment, or refreshment. 9. "Proprietor" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. 3.02 801.03 PROHIBITED ACTS: 1. It is unlawful for a juvenile under the age of 16 to be present in any public place or establishment within the City of Fridley: A any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. B. any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. 2. It is unlawful for a juvenile, age 16 or 17 to be present in any public place or establishment within the City of Fridley: A any time between the 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. the following day. B. any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. 3. It is unlawful for a parent or guardian of a juvenile knowingiy, or through negligent supervision, to permit the juvenile to be in any public place or establishment within the City of Fridley during the hours prohibited in paragraphs A and B of this section. 4. It is unlawful for a proprietor of an establishment within the City of Fridley to knowingly permit a juvenile to remain in the establishment or establishment's property during the hours prohibited in paragraphs A and B of this section. If the proprietor is not present at the time of the curfew violation, the responding officer shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's propritor personally or by certified mail. 801.04 DEFENSES 1. It is an af�rmative defense for a juvenile to prove that: A the juvenile was accompanied by his or her parent, guardian, or other responsible adult. B. the juvenile was engaged in a lawful employment activity or was going to or returning home from his or her place of employment. C. the juvenile was involved in an emergency situation. D. the juvenile was going to, attending, or returning home from an offical school, religious, or other recreational activity sponsored and/or supervised by a public entity or civic organization. E. the juvenile was on an errand at the direction of a parent or guardian. F. the juvenile was exercising First Ammendment rights protected by the United States constitution or Article 1 of the Constitution of the State of Minnesota. G. the juvenile was engaged in interstate travel. H. the juvenile was on the public right of way boulevard or sidewalk abutting the property containing the juvenile's residence or abutting the neighboring propeRy, structure, or residence. 3.03 2. It is an aft7rmative defense for a proprietor of an establishment to prove that: A. the proprietor or employee reasonably and in good faith relied upon a juvenile's representations of proof and age. Proof of age may be establishe puruant to Minn. Stat. 340A.503, subd. 6, or other verifiable means, including but not limited to, school identification cards and birth certificates. B. the proprietor or employee promptly notified the City of Fridley police department that a juveniie was present on the premises of the establishment during curfew hours/. 801.05 PENALTY Violation of this ordinance is a misdemeanor. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CTTY OF FRIDLEY THIS DAY OF ATTEST: WILLIAM A. CHAMPA - CTTY CLERK First Reading: Second Reading: Publish: 3.04 WILLIAM J. NEE - MAYOR CITY OF FRIDLEY PLANNING COMMI83ION MEETING, MARCH 15, 1995 CALL TO ORDER' Chairperson Newman called the March 15, 2995, Planning Commission meeting to order at 7:34 p.m. ROLL CALL• Members Present: Members Absent: Dave Newman, Dave Kondrick, Diane Savage, Brad Sielaff, Dean Saba LeRoy Oquist, Connie Modig Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Judith Konseln, 5828 2 1/2 Street N.E., Fridley, Minnesota Al & Kathy Roesler, 5955 - 3rd Street N.E. Martin & Emily Dykhoff, 5810 - 3rd Street N.E. Terry Hart, 6000 - 3rd Street N.E. Delores DeMars, 1130 N.E. Fireside Drive Joyce Trehisonsky, 4525 Ewing North, Robbinsdale, Minnesota Bruce Boegel, Holiday Plus A1 Brama, 1699 Radisson Road, Blaine, MN APPROVAL OF FEBRUARY 15 1995 PLANNING COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Ms. Savage, to approve the February 15, 1995, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. APPROVAL OF AGENDA: Mr. Newman stated the Lyndale Terminal Company had asked that their request for special use permit, SP #95-03, for Holiday Plus be tabled until April. Therefore, the public hearing will not be conducted. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the agenda as amended. UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED IINANIMOUSLY. 4.01 NEWMAN DECLARED � �� PLANNING COMMISSION MEETING, MARC$ 15, 1995 __PAGE 2 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, #95- 04. BY ALBERT BRAMA FOR AUTO-TECH RESOURCES: Per Section 205.17.O1.C.(9) of the Fridley City Code, to allow an auto repair garage to be located on Lot 3, Block 1, Central View Manor 2nd Addition, generally located at 1175 - 73 1/2 Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. OPON A VOICE oOTE, ALL VOTING AY$, CHAIRPER80N NE�MAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:38 P.M. Mr. Hickok stated the request is for a special use permit for an auto body repair shop located at 1175 - 73 1/2 Avenue. The property is zoned M-1, Light Industrial. The property is located north of 73 1/2 Avenue and east of Highway 65. The surrounding properties are zoned commercial towards Highway 65. There is M- 1, Light Industrial, zoning to the east. To the north is a mix of mobile home residential and also a small retail property. Mr. Hickok stated in July, 1994, the City Council approved a to allow the creation of a new structure for Rite-Way Mobile Repair. This structure is 13,000 square feet and would accommodate the Rite-Way Mobi2e Home Repair business as well possibly two other tenants. plat Home as Mr. Hickok stated this request is to allow a body shop to be constructed within this multi-tenant building. The body shop would be in the easterly portion of the building and would utilize the rear screened storage area constructed at the time of the original construction. That area has a privacy fence to screen the area from the adjacent properties. The property has been landscaped and there is a parking area for customers and employees to the south which is the front of the building. Mr. Hickok stated the Sign Code requires that multi-tenant buildings with three or more tenants are required to comply with the sign criteria so we have a consistent package for signage. This tenant would be asked to comply with these requirements. Mr. Hickok stated the petitioner would be required to comply with Chapter 18 which relates to the licensing and business specifications for a body shop including the criteria for ventilation, spray booth operation, and gives specifics for the ��-, fees and procedure for licensing. As part of this, there would }-�-=-- be a license investigation by the police department which is standard procedure and which must be in place. Staff is asking this be done before the request goes to the City Council. 4.02 PLANNING COMMISSION MEETING, MARCH 15, 1995 PAGE 3 Mr. Hickok stated to the west of the subject property a multi- tenant auto mall that had been proposed. Some of the stipulations come �rom that request. To the north, there is a residential district. The stipulation stating there be no repair before 7:00 a.m. or after 9:00 p.m. would mean fewer implications to the property owners to the north. Since a stipulation was used for that project, staff felt it appropriate for this use also. Mr. Hickok stated staff has reviewed the request and recommends the Planning Commission recommend approval of the request with the following stipulations: 1. The petitioner and his successors shall comply with all the M-1 Requirements for outdoor storage. 2. Al1 signs shall comply with the City Sign Code and Sign criteria approved by the City Council for this building. 3. The petitioner or successors shall comply with all provisions of Chapter 18 of the City Code. 4. There shall be no storage of junk or inoperable vehicles visible to the public right-of-way. 5. There shall be no body damaged vehicles or vehicles missing body component parts visible to the public right-of-way. 6. No vehicle display or sales shall be permitted on this site. 7. Auto body repair and painting tenants shall comply with EPA regulations to control odor emissions and hazardous materials. 8. There shall be no repair of automobiles before 7:00 a.m. or after 9:00 p.m. 9. The petitioner shall comply with all Fire Department regulations. 10. The petitioner shall apply for and receive permits for the spray booth and flammable liquid storage. 11. Issuance of the special use permit sha1Z be contingent on approval of the County's hazardous waste generator's license and }he City's Motor Vehicle Body Repair license. Mr. Kondrick asked how many square feet would be occupied by this business. 4.03 PLANNING COMMISSION MEETING, MARCH 15, 1995 PAGE_4 Mr. Hickok stated this business would occupy 4,300 square feet. Mr. Sielaff stated he had questions regarding the required permits. Stipulation #7 requires compliance with EPA regulations. Does this mean the petitioner must get a permit? How is this regulated? Mr. Hickok stated the County is the local authority for hazardous waste generators. The State also has to sign off on the operation of the auto body repair. They check that the emission standards are appropriate. All of the inspection for these different items are standard for all body shops and are inspections that are primarily performed by the County. Mr. Kondrick asked if the City followed up to see that the County and State have checked the operation. Mr. Hickok stated the City signs off on the use at least for the County hazardous waste generator. As far as the EPA odor emissions, he thought the City received verification but the City did not sign off. He would have to follow up to be sure. Mr. Sielaff stated he would like to know if this permit from the MPCA. There is a permit by rule allowed to do it without permit. He wondered if requires an individual permit. requires a where they are a body shop Ms. McPherson stated she had spoken with the County's hazardous waste person. The petitioner is required to get a State EPA number for generating hazardous waste so there is an.application process for the handling and storing ha2ardous materials. This number is required before getting a hazardous waste generator's license from the County. The County does the inspections and works with the applicants to make sure the paperwork is filled out and that they comply with the State requirements. Mr. Sielaff asked if it was up to the County to enforce. Ms. McPherson stated yes. However, the fire department also has a permit which needs to be filled out at the local level, and they make sure the storage is proper. Mr. Sielaff asked what the difference was between the fire department permit and that of the County. Ms. McPherson stated the fire c��rtment is looking at the storage. The County and the E�r are of in charge of generating lists of the hazardous chemical that are being handled, the type of waste, how much waste, and whether the waste is or is not hazardous. It sounds as if they must take a strong inventory of what is being disposed. 4.04 PLANNING COMMISSION MEETING, MARGH 15. 1995 PAGE 5 Mr. Sielaff stated the other issue is the odor emissions. He asked if there were other paint booth operations in the City and if there was anything different about how those operations. Mr. Hickok stated there are other paint booth operations, some of which are close to residential areas. This is consistent with what other body shops have done and there is an annual review. If there are any issues of compliance, that would come up also. Mr. Brama stated he had no additional comments. He wants to move his operation to Fridley to get closer to home. Mr. Kondrick asked if he had any problems with the stipulations. Mr. Brama stated he had no questions. He has already gone through this. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:48 P.M. Mr. Kondrick stated he had no problem with the request. The stipulations are well thought out and appropriate for the facility and the location. It seems that consideration has been taken for the neighbors close by for their protection and for the other tenants in the building. He would recommend approval. MOTION by Mr. Kondrick, seconded by Ms. Savage, to recommend approval of Special Use Permit, SP #95-04, by Albert Brama for Auto-Tech Resources to allow an auto repair garage to be located on Lot 3, Block 1, Central View Manor 2nd Addition, generally located at 1175 - 73 1/2 Avenue N,E., with the following stipulations: 1. 2. 3. 4. 5. The petitioner and his successors shall comply with all the M-1 Requirements for outdoor storage. All signs shall comply with the City Sign Code and Sign criteria approved by the City Council for this building. The petitioner or successors shall comply with all provisions of Chapter 18 of the City Code. There shall be no storage of junk or ino�a_ble vehicles visible to the public right-of-way. -�--y There shall be no body damaged vehicles or vehicles missing body component parts visible to the public right-of-way. 4.05 PLANNING COMMISSION MEETING, MARCH 15, 1995 PAGE 6 6. No vehicle display or sales shall be permitted on this site. 7. Auto body repair and painting tenants shall comply with EPA regulations to control odor emissions and hazardous materials. 8. There shall be no repair of automobiles before 7:00 a.m. or after 9:00 p.m. 9. The petitioner shall comply with all Fire Department regulations. 10. The petitioner shall apply for and receive permits for the spray booth and flammable liquid storage. 11. Issuance of the special use permit shall be contingent on approval of the County's hazardous waste generator's license and the City's Motor Vehicle Body Repair license. UPON A VOICE VOTE, WITH MR. NEWMAN, MR. RONDRICR, M$. BAVAGE AND MR. SABA VOTING AYE AND MR. SIELAFF ABSTAINING, CHAIRPBRSON NEWMAN DECLARED THE MOTION CARRIED. Mr. Hickok stated the City Council would review this request on April 17. � 2. CONSIDERATION OF A SPECIAL USE PERMIT, SP #95-03, BY �,YNDALE TERMINAL COMPANY: Per Section 205.15.02.C.(11) of the Fridley City Code, to allow garden centers or nurseries which require outside display or storage of inerchandise, on Lot 1, Block 1, Holiday North lst Addition, generally located at 250 - 57th Avenue N.E. (Holiday Plus Store) Mr. Newman stated a public hearing had been scheduZed for this date. Since the petitioner has requested the item be tabled, when would the public hearing be rescheduled? Mr. Hickok stated the petitioner has requested 30 days to address some of the City's concerns. At this point, it looks as if this request would be heard on April 24. All appropriate parties will be re-notified at that time. 3. CONSIDERATION OF A VACATION REOUEST, SAV #95-01. BY THE CITY OF FRIDLEY• .:��>vacate all that part o� the egress road from T.H. 47 `(Uriiversity Avenue, lying over Lots 29 and 30, Block 12, Hyde Park, in order to construct a single family home on the property, generally located at 5900 - 3rd Street N.E. 4.06 � PLANNING COMMISSION MEETING MARCH 15 1995 PAGE 7 Ms. McPherson stated the request is generally located in the block of 3rd Street. It is located very close to the intersection of 3rd Street and 60th Avenue N.E. The request would vacate that portion of the slip-off road from the west line of University Avenue to the 3rd Street curb line. 5900 curb Ms. McPherson stated the City chose, in 1969, to provide an access to the commercial properties located along the westerly boundary of University Avenue. At that time, the city moved to acquire the property at 5981 - 3rd Street which is composed of two legally described iots, Lots 29 and 30 of Block 12, Hyde Park. There was a dwelling located on the property at that ti�e. The age oF that dwelling was undetermined. The first permit of record in the address fiie was issued in 1965 to re-roof the structure due to storm damage. In 197I, the City moved to condemn the property to provide access to commercial properties along 3rd Street. This decision occurred as a result of a study done in 1969. The condemnation did not occur as the property owner chose to sell the property to the City to complete the improvement. The slip-off road was constructed as part of a public improvement project in.1970 and 2971. Properties assessed for the project including those fronting both sides of 3rd Street and those on the east side of 2 1/2 Street. Ms. McPherson stated, at this time, the City owns the two lots which the road crosses so this request is unique in the fact that we are not asking to vacate a dedicated right-of-way. The City Attorney advised that, because public use has been established over this particular property, it was best to process a formal vacation request to allow for public comment and testimony. Ms. McPherson stated the City, in�October 1994, purchased 5973 - 3rd Street which is located just south of the subject parcel. On this parcel was Custom Mechanical which was the original commercial property in Hyde Park. The purpose of purchasing this property was to remove the commercial building and to sell the property for a single family dweZling. This would fulfill the purpose of Hyde Park which is to promote residential redevelopment in this particular part of the City. If the vacation request is approved, the City intends to sell this property to allow construction of a single family dwelling. As part of the vacation, the City would remove the blacktop from the curb line oi Highway 47 to 3rd Street, reseed the area, and widen 3rd Street to a full two-way width. 60th Avenue would have a new curb line and access would still be available to those persons using the alley locatec��e�ween University Avenue and the residences north of the subject parcel. Ms. McPherson stated the Engineering Department has determined that there are a number of drainage improvements which will need to occur to assure that the street and subject parcel will drain 4.07 PLANNING COMMISSION MEETING, MARCH 15, 1995 PAGE 8 properZy. The original public improvement project for 1970 included approval from the Minnesota�Department of Transportation (MnDOT). Staff has had conversations with MnDOT and the City has some iegal paperwork to complete to officially close the access from MnDOT. Once the pavement has been removed and reconstructive work has been completed, the City intends to install a fence along University to completely close access and will devise additional screening similar to what is currently along th� westerly fence line of University Avenue. Ms. McPherson stated staff recommends the Planning Commission recommend approval of the vacation request to the City Council with the following stipulations: 1. Access shall be returned to MnDOT via a Quit Claim Deed. 2. 3rd Street and 60th Avenue shall be reconstructed to provide improved traffic flow and aesthetics. Mr. Kondrick stated, when the access road was first constructed, properties were assessed for the improvements. Will there be any assessments when this is closed? Ms. McPherson stated no. Mr. Newman stated the site plan indicates a green area to the north of the proposed parcels. Who owns this area? Ms. McPherson stated this property is currently part of the right-of-way. The City would continue to use this area for snow storage. She estimated the width of area to be 60 feet. Mr. Newman suggested using this property to enlarge the lots to make the lots more buildable. Ms. McPherson stated the lots are currently 10,000 square feet. Because the two lots are already individual tax parcels, the City wanted to reduce the expense required by replatting. Mr. Newman stated the right-of-way is 60 feet. The lots are 40 feet. He suggested that, if the lots were 50 feet and there were constructed single Zevel tawnhomes, the City might get more value from the lots. Ms. McPherson stated this may be an option. It would however require rezoning or granting a variance. ��. Ms. Roesler stated they lived next to the Custom Mechanical property. Staff stated the City was going to reseed. What is going to happen to the Custom Mechanical property? It is a mess. , � . PLANNING COMMI3SION MEETING, MARCH 15, 1995 PAGE 9 Ms. McPherson stated, when the structure was torn down, it was very late in the year. As part of demolition contracts with the City, one stipulation is that the demolition contractor needs to reseed or resod the property. The contractor will be reseeding this spring. Ms. Roesler asked if the construction of the fence would include the Custom Mechanical property also. Ms. McPherson stated at this time staff has not Iooked at this. Mr. Kondrick asked if the fence stops before the Custom Mechanical property. Ms. Roesler stated Custom Mechanical was their security fence. Now, pedestrians are going across their•yard like the freeway. She spoke with Ms. Dacy about it who said the City might be able to put up some type of fence to give them the privacy they are used to. The property is accumulating garbage because the children are using it for a playground. Mr. Kondrick felt this would stop when a building goes up. He did appreciate the fact that this can be a collection point for kids. Ms. Roesler asked how soon the access would be closed off. Ms. McPherson stated, regarding the fence, a decision has not been made. There is an opportunity for comment to the City Council at the public hearing. Regarding the timing to close the access, it will take April and May�to get through the vacation process. The Engineering Department has been notified that this is to be included in the 1995 street projects. At this point she cannot give a definite date. The City will do what they can to expedite the construction. - Ms. Roesler stated their yard has been torn up making it difficult to mow their yard. Ms. McPherson stated, regarding the demolition, staff will make sure the contractor gets out there as soon as possible. Mr. Saba asked if they felt the problem in that area would slow down when the access is taken out. Ms. Roesler stated she did not know. She sees a lot of you�...,i people cutting across University Avenue, jumping the fence"�-�-�- going down to 60th. The litter is a problem. Mr. Newman asked her opinion about closing the access. 4.09 PLANNING COMMISSION MEETING, MARCH 15, 1995 _ PAGE 10 Ms. Roesler stated she was okay with cutting off the access. Some mornings there is a lot of traffic going by. When University Avenue traffic slows, drivers will use the slip-off to go down Third to the traffic signaZ to have access to the freeway more quickly. Mr. Sielaff asked if this project would be done this year. Ms. McPherson stated it is the City's intent to have this done this year. The City would like to dispose of the properties as soon as possible. Staff will take all public comment into consideration. Ms. Konseln stated she has lived in the area for 24 years and plans to stay. She has used the access road for all the 24 years she has lived there and she does not want to see that road closed off. Mr. Kondrick asked how she would get home if the access were closed. Ms. Konseln stated she would have to go down 60th or 61st. There are other ways but those are longer. Mr. Kondrick asked her opinion about the traffic being slower or there being fewer cars. Ms. Konseln stated it does not bother her one way or another. She knows a lot of people who use that road and really like it. Mr. Dykhoff stated he would like to see that intersection torn up. It is a dangerous intersection. At 3rd Street, only one car can get through there. He would approve of taking the slip-off out. • Mr. Saba stated he thought that would reduce the traffic in that area. Mr. Dykhoff stated he does not use the slip-off. Traffic that does use it comes through there at 40 miles per hour. Mr. Roesler stated he recommended taking out the slip-off because, at the stop sign, the street is narrow. In the winter with the snow, there is only enough room for one car to go through that narrow strip. There is a lot of heavy truck traffic through the�:. The trucks go down 3rd Street to get to park by the Hardee's Restaurant on 3rd Street. Mr. Kondrick asked if Mr. Roesler had seen semi trucks going through there. 4.10 PLANNING COMMISSION MEETING, MARCH 15, 1995 PAGE 21 Mr. Roesler stated yes, there are semis that come through there. Traffic does not stop at the stop sign. There will be an accident at that area. Also, cars come off the slip-off and turn right to go north. The slip-off was designed for traffic to go south. Mr. Saba stated it is something long overdue. There is much we have to do for that area. This is a big first step in making this a better, quieter and safer neighborhood. Ms. Savage agreed. Mr. Kondrick agreed. He is in favor of the closure of the slip- off as well. Mr. Saba asked if the City could do more plantings along the green area to separate the area from 60th and give the area more of a neighborhood feeling. . Ms. McPherson stated they could add some trees. Mr. Saba stated, if a business were there, the City would require some trees or plantings. He thought the City should consider doing this. Mr. Newman stated the City Council and the City has made a decision to make this should become a residential area and to do what we can to reach that goal. This is consistent for the planning direction for this area. � Mr. Kondrick asked if 3rd Street will be widened. Ms. McPherson stated the street wili be widened by the two lots. The street was narrowed originally with the intention to make it a one-way street. The section by the two lots will be widened to make it match what is existing. MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend approval of Vacation Request, #95-01, by the City of Fridley, to vacate all that part of the egress road from T.H. 47 (University Avenue, lying over Lots 29 and 30, Block 12, Hyde Park, in order to construct a single family home on the property, generally located at 5900 - 3rd Street N.E., with the recommendations as presented and with the following stipulations: 1. Access shall be returt� �o MnDOT via a Quit Claim Deed. 2. 3rd Street and 60th Avenue shall be reconstructed to provide improved traffic flow and aesthetics. 4.11 PLANNING COMMISSION MEETING. MARCH 15, 1995 PAGE 12 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the City Council will be establishing a new public hearing for April 17: Notices will be sent. 4. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF FEBRUARY 6, i995 MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the Parks & Recreation Commission minutes of February 6, 1995. UPON A VOICE VOTE, ALL VOTING AYE, C�iAIRPER80N NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF FEBRUARY 9, 1995 MOTION by Ms. Kondrick, seconded by Ms. Savage, to receive the Housing & Redevelopment Authority minutes of February 9, 1995. OPON A VOICE VOTE, ALL VOTING AY$� CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT MOTION by Mr. Kondrick,•seconded by Ms. Savage, to adjourn the meeting. . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE MARCH 15� 1995� PLANNING COMMISSION MEETING ADJOURNED AT 6:15 P.M. Respectfully submitted, U � �� Lavonn Cooper Recording Secretary 4.12 S I G N- IN S H E E T PLANNiNG COMMIBSION MEETING, Wednesday, March 15, 1995 Name Address/Business �i �� :C .�-�.��� ��-�' � �� �� d1%� ' ; n-� � �� , � S j S � - �3i�/ � �l= l- . ' c.. � .�,�, - ` � � �v � " . %�. � . , t� . � �' %�r ��.�c— /� .�� J% � �i' . '�.�..e� � �,zi�/�t�' .�`'� � �`�� �%� �/r% � � o.6,�Q/�� � � liC- � � � � ? ( i�" � / ��/4 - l' ±(J ' �,��J? " l.-+' �' J � l..c-C� %r` /� ^ n� d�� � /�,1.! 4.13 r �► � � DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION April 6, 1995 William Burns, City of Fridley City Manager � � Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Establish a Public Hearing for a Vacation Request, SAV #95-01, by the City of Fridley The Planning Commission reviewed the request to vacate the slip- off road from University Avenue to 3rd Street in Hyde Park at its March 15, 1995 meeting. The Commission voted unanimously to recommend approval of the request to the City Council. The City Charter requires the City Council to conduct a public hearing for all vacation requests. Staff recommends that the City Council establish April 24, 1995 as the date of the public hearing. MM/dw M-95-218 5,01 ��`� . 64 �1-+ � L � '�^"� \ VJ � � m % L � , � M � "' D , 830.� TOP M. N. n SAV ��95—01 City of Fridley . QARAG& ' � I ^ � N � s2 '^m n b C ro i � °° ° ° ° I asi � sa� . s �, m z o m x o '" � r� I w < ro °� r. . soo� a o� z � ec i 1 t/2 s-F � 3aw � a I za x, W � � � 851.8 852.0 U, � l � I � a `1' � mn � A��,� V K b cYi Q"� 0=�' I o ° m A �JM9 QI�I�� CHAIN LINR FSNCE 0 I ' 851.6 851 � n , , � oQ. a4s � °D G' 9 CgRg--------LIISB_—_–GD --�----- POWER POLE 851.0 830.9 8b0.Z 850.5 451.4 TOP New curb � �UgB i • J�� 6 . G9y�' c. N i Y y �;� YBSZ.Z �� c� I � 7 � . H � � I I �' - SH � ( `� C7 5 9 . 0 � o i � �`° � i � �� � N (._ 00 . $ 9` TOP M.H. 60th Avenue 8°g�' � ��e BLACKTOP G� � 0 �e�� ¢� 0 5� /� �RB CURB CU 8 Q. kN 850.9 849.9 849.9� l,y� �' /A � OO� 848. 5��� ��t b � a I � BEEHIVS $�8 � ;�0��_ J4b� A R E A s-esx �0 ' 850.9 `v� a A 1 2 9 . 0 5 0¢�,' _ '„9 . 851.6 . G GP��� . z i � ��► O �_.A50..1 � JR$p �� ��I � � ' y� /�� N '«� O tV p•ry N a� Y/ � P� as �~ i� a" , " �� , j a � °' ( � a 9' P ° '� z �' j �y'al �`� � � Q P� �. ,� � a� w'� _�°g� as�.o sa�.i la ac a �/i �� ap, o I x i.. � v � � • -� � ( , IOZ � ! �� 851.5 I� I � U � _ ._. . a° � � 8� 5981 - 3rd Street !� � - � 4 ( 7(�,y . ��._° oa..o 855.5 954.1 83Z.9 �8�i 1 ,M1 � a � h9� i 2 s. o s ' � a � � � � � � 859 2 834.7 854.3 854..7� � ; � i O � • I ^ � ',+ � � a a�o � o I c� ' � b $s. —.$� -�-�� � � 8a .; �� � . - _ _ . o l >= � ° 5973 - 3rd Street � � � 4��-y� � � I _, ,�-�_, es� s eas.s s6s.� sas.s � �, �� �<jt ' � ,z- . i i i �M i 2 C� . Q rj TRPLE � � CN. � a' • '� � `�a �` 855.6 5 . 9 ELM • ' IBbS S D.-Q' � �.�.��y � . �'``�. �'_.. --'.. 3�'i 6 . � . -- .. ._ .._ _ ...�.. 5.02 SiTE PLAN, CITY OF FRIDLEY MEMORANDOM TO: WILLIAM W. BURNS, CITY MANAGER ,� �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT: ESTABLISH A PUBLIC HEARING FOR LONGHORN GRILL FOR AN INTOXICATING LIGIUOR LICENSE DATE: APRIL 6, 1995 Longhorn Griil has purchased T.R. McCoys, 7850 University Avenue Northeast, and has applied for an Intoxicating Vquor License. Pursuant to Chapter 603 Section .07 of the Fridley City Code, we are required to hold a public hearing before issuing this license. As a result, we would like to establish a public hearing for Longhorn Grill on April 24, 1995. The Police Department is in the process of performing the background investigation on the Longhorn Grill and those results will be available for the public hearing. 6.01 TO: FROM: D�iTE: SUBJECT: Engineenng Sewer Wa1er Parks Streets Maintenance William W. Bums, City Manager,��� � John G. Flora, Public Works Director ���Jon Wilczek, A.sst Public Works Director �.�, April 10, 1995 PW95-085 1995 Removal and Replacement of Miscellaneous Concrete Curb, Gutter and Sidewalk Projec# No. 279 On Wednesday, March 29, 1995, at 10:00 am, bids were opened for the 1995 Removal and Replacement of Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 279. We had 14 planholders, seven of which submitted bids for the project. The engineers estimate for the project was $69,000, including replacement and removal of the 8-in concrete slab in front of the fire station, which was budgeted as $25,000. Standard Sidewalk, Inc. was the low bidder for the project. Their bid was $56,930. They had bid $17,000 for removal and replacement of the 8-in. concrete slab in front of the fire stafion. Recommend the City Council receive Replacement of Miscellaneous Concrete Standard Sidewalk, Inc. for $56,930. Jw/JGF:cz Attachments the bids and award the 1995 Removal and Curb, Gutter and Sidewalk Project No. 279 to 7.01 �� .,, . ���._ �, BID FOR PROPOSALS MISC CONCRETE CURB, GUTTER & SlDEWALK REPAIR, PROJECT NO. 279 WEDNESDAY, MARCH 29, 1995, 10:00 A.M. Pl.laNHOL;DER ;�1D BOND <. TOTAL BID COMMENTS :: Standard Sidewalk Graphite 5% $56,930.00 29635 Neal Ave Lindstrom MN 55045 Gunderson Bros inc Capital 5% $58,400.00 2325 Sneliing Ave Minnea olis MN 55404 Landmark Concrete Graphite 5% $59,671.00 17630 Highway 65 Ham Lake MN 55304 Advance Concrete Graphite 5% $64,862.00 7438 Upton Richfield MN 55423 Schmidt Curb Co Old Republic 5% $65,700.00 21504 Ahlstrom Ave Ro ers MN 55374 Halvorson Construction Co United Fire 5% $73,040.00 1345 157th Ave NE Anaka MN 55304 North Central Const American Inst. $107,887.50 11331 Westrac Suite 100 5% Far a ND 58103 Builders Exchange NO BID 300 N Main Austin MN 55912 Curbmaster Inc NO B!D 10150 101 st St N Stillwater MN 55082 Independent Curb NO BID 1111 Highway 25 N Buffalo MN 55313 MN State Curb & Gutter NO BID 6801 W 150th St .� _ A le Valle MN 551'Z4 7.02 BID FOR PROPOSALS (CONT'D) MISCEI CONCRETE CURB, GUTTER � SIDEWALK REPAIR, PROJECT NO. 279 WEDNESDAY, MARCH 29, 1995, 10:00 A.M. PLANHOLDER B1D BUNQ ,. ; . `TtJTAL8IQ COMMENTS<. , Neeck Construction NO BID 8329 Knollwood Dr Mounds Uew MN 55112 Ryan Contracting Inc NO BID 8700 13th Ave E Shako ee MN 55379 Valley Paving NO BID 4'! 05 85th Ave N Building B Suite 202 7.03 Eng�neer+ng Sewer Water Parks Sheets Maintenance �������� V./ � TO: William W. Burns, City Manager ,� � PW95-083 � FROM: John G. Flora, ublic Works Director DATE: Apri13, 1995 SUBJECT: Award of Contract for 53rd Avenue Water Booster Station Renovation Project No. 280 On March 15,1995, the City of Fridley received proposals from five firms regarding the 53rd Avenue booster station renovation project. They consisted of: MSA, Kuusisto, HRW, CDM and RCM engineering firms. As a result of the proposals, we conducted an interview with three of the firms: MSA, Kuusisto and BRW. The interviewing panel consisted of Jim Saefke, Paul Lawrence, Jon Wilczek and I. MSA $29,090.00 Kuusisto 29,200.00 BRW 29,255.Q0 CDM 32,000.00 RCM 42,620.00 The purpose of the intervieva� was to clarify the request for proposal to ensure all of the firms were responding to the same issues and all of the items requested were incorporated into their proposal. As a result of the interview, the panel recommends the contract be avvarded to MSA. Due to their background in the City's water distribution system as well as their familiarity with the components of our SCADA system and structures that they developed in the 63rd Avenue booster station, the Locke Park filter plant and the Commons Park filter plant, we believe that they are extremely capable of providing the design desired at the not-to-exceed cost presented in their proposal. We also believe that the amount of staff effort and support vPill be reducc��ause of their familiarity with the Fridley avater distribution system. Recommend the City Council award the design and construction inspection contxact for the 53rd Avenue Water Booster Station Renovation Project No. 280 to Maier Stewart & Associates (MSA). JGF:cz 8.� � � �� .i� . ..,�� � CAPITAL IMPROVEMENT PROGRAM PROJECT AREA ... r. �.... ...... �. :: : Q ��/a1► �}}�(:kr�c ?iS:=.��.11iK��iT:A�<!�2?: WATER ;�,::�`:: ��� 1995 WATERMAIN AT 68TH 8� WASHINGTON WATER UTILITY (94 ENCUMBERED) DESIGN TRAC-VAC SYSTEM WATER UTILITY (94 ENCUMBERED) AT COMMONS REPLACE TRAC VAC SYSTEM AT COMMONS WATER UTlLITY DESIGN 53RD 8� JOHNSON BOOSTER STA. WATER UTlLITY EUMINATE DEAD END LiNE AT HAYES TO GARFIELD WATER UTILITY WELL REPAIR- NO'S 3& 11 WATER UTILITY ::�,..�.�..l:<�� �� � 1996 REBUILD $ UPGRADE 53RD 8� JOHNSON BOOSTER STATION UPGRADE DESIGN PUMP HOUSE NO. 1 AND WEU. NO. 1 BOOSTER REPLACEMENT WELL REPAIR - 4, & 9 iNSPECT 8 REPAIR 3 MG RESERVOtR (EXTER(OR) `NIROP IMPACT FILTER PI.ANT WELLHD ���;��;:: 1997 TOTAL PROJECT FOR � WATER UTII.ITY WATER UTILITY WATER UTlLlTY WATER UTILtTY WATER UTILITY CAPITAL IMPROVEMENT PROGRAM REBUILD PUMP HOUSE NO. 1 AND WELI NO. 1 BOOSTER REPLACEMENT ELlMINATE DEAD END LINE AT ARTHUR TO ANOKA ST WELL REPAIR-10, 12 AND 13 REPLACE CHEMICAL ROOM EQUiPMENT AT WELLS 12 8� 13 INSPECT & REPAIR'/z AND 1'/z MG TOWERS ` NEW PROJECTS WATER UTILITY WATER UTlL1TY WATER UTILITY WATER UTtLITY WATER UTILITY TOTAL PROJECT FOR : �-� $.�2 January 30, 1995 25,0OO.OQ 12,000.00 60,000.00 30,000.00 •� 15,000.00 75,000.00 5180.000.00 300,000.00 30,000.00 50,000.00 75,000.00 100.000.00 S 555 .000.00 250,000.00 15,000.00 �s,000.00 25,000.00 50.000.00 $41 �,000.00 Engineenng Sewer Water Parks Slreets Maintenance �������. V � `�./ � TO: William W. Bums, City Manager t�� PW9S-084 Y � FROM: John G. Flora, Public Works Director DATE: April 10, 1995 SUBJECT: MnDOT Resolution To proceed with the University Avenue bike path along the west side from ?3rd Avenue north to 85th Rvenue, the MnDOT office requires a resolution supporting a permit for the bike path in their right-of-way. The attached resolution satisfies their requirement. Recommend City Council adopt the resolution so that we may proceed with the University Avenue bike path. JGF:cz Attachment 9.01 � _� ;u • •,�. � R'ESOLUPIOI�1 l�U. — 1994 •�a-:• t r •• � � n � i:,�,:. v• �.:,i• • •�r i�+ •i- r•,� � •• •�v� •; � � a+� i _ � • �,�, � . • �:�� �� i � �+•.. � � :� � � : �'�' � �: •�r •,� • � a� � • •.ty: • 4: � :�+ 1 S�i�RF�AB, on February 27, 1995 the City C�cil approved the sul�ni.ssion of Minnesota Depart�nt of Transportatiari (MnDOT) permit application for the referenr.ed bike path project, and i�EAB, The City has re�ived ISI'EA furid.,s for 50� of the cost of the projec� not-to-exc�eed $60, 000. 00, ar�d �'AS, Resolutic� No. 44-1993 authorized t� use of Muni.cipal. 5'�ate Aid Flu�c7s for this nwnicigal off system bi.k,e path project, ar�d i�148, the City �il auth�rized the pr�ration of plans ar�d specificatiaris for the abwe mentianed bike path with the awaxti3 peryding Fedexal. Fiu�dirig of the P�J�� � �S, tt�e gatl�ray is propased to be aonstrucied � MnDO►r right-of-iaay on the t�est side betw�en 73rd Avenue atxl 85th Avemxe, and �S, N�D�r requ-ires a.Limited Use Permi.t for all r�w facilities to be located within its rightsrof-way, and W�S, MnDdI' will advertise the in�rovement arxi awa�l the contract for this work, and W�PiS, the City will be responsible for inspec,�tixig the oo�nstxuction and its share of the it�rov�ment costs. N�T, T�REFORE, BE IT RE80LVED T�T, the City Cbuncil of the City of Fridley, At�1t�a �aarYtY► Mir�ta. app�es MnDO►r's Limited Use Pexmit for tY�e vor�struction of the University Avenue bik�e pathway. PASSID AUID ADOP� B'�t '1� CI'PY OO�A�i�L OF '� CITY OF FRZDILY 'II�S nAY �' , 1995. . ���1 �:'��7�%1 S u M./G ui' � �IYY M�IG . wrr,r.rn�r J. I�E - N�YOR 9.02 TO: WILLIAM W. BURNS, CITY MANAGER �� FROM: RICHARD D. PWBYL, FINANCE DIRECTOR SUBJECT: PROPOSED AMENDMENT TO THE INDENTURE FOR THE 1984 RIVER ROAD INVESTORS COMMERCIAL DEVELOPMENT REVENUE BOND I5SUE DATE: Aprii 6, 1995 Attached you will find a resolution dealing with a proposed change that has been requested by Doherty, Rumble & Butler on behalf of the owners that initiated the River Road Investors Project. I have also provided a letter I received that was directed to the Mayor and Council for their information. You might recall that this is the Commercial Development Revenue Bond Issue that financed the commercial buildings located alongside East River Road and I-694. The original amount of the Bonds was $6,190,(�0; since the issuance date the owners have paid $2,060,000 in principal. The changes made to the Indenture by the Amendment are basically housekeeping matters that have no impact on the City, but do tend to make the Bonds more marketable. The Trust Indenture requires the Amendment to be approved by Council, the Trustee, t1�e Bondholder, and River Road Investors. Our Bond Counsel has reviewed the documents and has indicated that the primary change initiated by this resolution is that the calculation of the interest rate on the Bonds changes to a weekly basis instead of a monthly basis. There are other technical changes that would take place, but these changes deal with the holding or remarketing of the bonds if they are ever purchased pursuant to a draw on the letter of credit which secures the bond. Staff has reviewed the request with Bond Counsel and has no problem with the Amendment to the Indenture. We have received $2,OQ0 from the applicant to offset any City costs. RDP/me Attachment(s) 10.01 DOHERTY RL:TMBLE & BUTLER 1'I��)1�1=.SSIUNAL ASSOCIAi'ION Attorneys at Law 3�00 FifN� Stmet li��rers '_8lR] \tinn��sota 1�`orld Tradc Center Ala,ruder Buildir.; 2370 One Tabo; Center 150 South Pifth Street 30 Ea:t Seventh Street l6_'? ��1 Strect. A��. 1200 Se��rntcenth Strect Minneapulis, h1innesMa �5�102-423i Saint Paul, �linnesota S;IOl-�999 ��ashingtun, D.0 '_0036-3'_03 Denvcr, Colorado R0202-�h23 Telephunc (612) 340-��55 Celephone (6L7) 297-9333 Teienhune (2021 '_�3-O�S� Telephone (303) 572-6200 FAX (672� 340-5�84 FAX {612) 247-9313 F.a.Y 1202) 6�9-i�k� FAX (303) '72-6203 Writer'sdirectdiainumber: �(1,2� 343-5640 April 4, 1995 Honorable William Nee, Mayor Members of the Council City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Repl�� to �4inncapolis oYFicc Re: $6,190,000 City of Fridley, Minnesota, Floating Rate Demand Commercial Development Revenue Bonds (River Road Investors Project) Series 1984 Dear Mayor Nee and Council Members: Enclosed with this letter is a First Supplemental Trust Indenture (the Amendment) relating to the above-captioned bonds (the Bonds) issued by you in 1984 for the River Road Business Center. Also enclosed are a proposed resolution approving the Amendment and our opinion as Bond Counsel stating that execution of the Amendment is authorized by the Trust Indenture executed by you in 1984 and will not adversely affect the tax-exempt status of the Bonds. The Bonds are structured as ��floating rate" bonds. They bear interest at a rate that is set monthly by Doherty, Dawkins, Strand & Bigelow (the Remarketing Agent). The holders of the Bonds (there is currently only one, an institutional investor) have the right to require the Remarketing Agent to purchase the Bonds at any time, upon seven days' notice. The Remarketing Agent obtains the funds necessary to purchase the Bonds by selling them to another purchaser. To insure (i) that the Bondholders are paid on time and (ii) that there are funds available to pay the Bondholders if they should elect to require the Remarketing Agent to repurchase their Bonds and the Remarketing Agent cannot resell them, Citibank, N.A., has issued its letter of credit. That letter of cradit is drawn upon and the proceeds are used to purchase Bonds the Remarketing Agent has not been able to resell, if the Bondholder has requested that they be purchased. Citibank's letter of credit has never had to be drawn upon to purchase bonds or make a payment of principal or interest to the Bondholders. When th� Ronds were issued in 1984, very few had been issued. Since then, floating rate common and the structure has been refined. bonds that can be "put" by the bondholders upor also bear interest calculated every seven days. made by the Amendment is to allow for intere: � �.�2 floating rate bonds bonds have become Most floating rate seven days' notice One of the changes ,t to be calculated DOHERTY RUMBLE & BUTLER ,,.., �<<��;.. Honorable Mayor Nee April 4, 1995 Paqe - 2 - every seven days instead of monthly. This will make the Bonds easier to market and may also result in a small savings in interest (less than 25 basis points per year). Citibank, N.A. recently extended the termination date of its letter of credit (which has been outstanding since 1984) to December, 1999. In connection with that extension, the bank has asked for a change in the Indenture to allow it to hold bonds purchased with draws on its letter of credit and allow the Remarketing Agent to remarket those bonds rather than have them redeemed, as the Indenture currently provides. This is also the current method of dealing with Bonds purchased with draws on letters of credit securing floating rate bonds and is the other change in the Amendment. The original principal amount of the Bonds was $6,190,000. The current unpaid principal balance is $4,130,000. River Road Investors has paid $2,060,000 in reduction of the principal balance of the Bonds since 1984 The changes made to the Indenture by the Amendment are housekeeping matters that have no impact on the City but do make the Bonds more marketable. The Trust Indenture requires the Amendment to be approved by you, the Trustee, the Bondholder, and River Road Investors. We respectfully request your approval of the Amendment by adopting the enclosed Resolution. Sincerely, Sherrill R. Oman SRO/d16.68625 Enc. RESOLUTION NO. RESOLUTION APPROVING THE ATTACHED FIRST SUPPLEMENTAL TRUST INDENTURE AND AUTHORIZING THE EXECUTION THEREOF FOR THE CITY OF FRIDLEY, MINNESOTA, $6,190,000 FLOATING RATE DEMAND COMMERCIAL DEVELOPMENTREVENUEBONDS (RIVER ROAD INVESTORS PROJEC"l� SERIES 1984 WHEREAS, on July 16, 1984, and November 5, 1984, the City of Fridley, Minnesota (the "Issuer") adopted resolutions (the "Bond Resolutions") approving the issuance of its Floating Rate Demand Commercial Development Revenue Bonds (River Road Investors Project) Series 1984 (the "Bonds"), for the purposes set forth in the Bond Resolutions; WHEREAS, the Bonds were issued by the Issuer on November 20, 1984; WHEREAS, River Road Investors, a M'uinesota general partnership (the "Company") has proposed that the Issuer coasent to the amendment of the Trust Indenture pursuant to which the Bonds were issue�i in the form of the attached F'ust Supplemental Trust Indenture; NOW, THEREFORE, BE IT RESOLVED BY THE CiTY OF FRIDLEY, MINNESOTA ACTING BY AND THROUGH TTS CTTY COUNCII. AS FOLLOWS: Section 1. Pursuant to the above recitals and to accomplish the purposes set forth in the attached First Supplemental Trust Indenture, the City Council of the Issuer hereby consents to the amendment of the Trust Indenture pursuant to which the Bonds were issued substantialiy in the form of the First Supplemental Trust Indenture attached to this Resolution. Section 2. The Mayor and Manager are hereby authorized to execute the First Supplemental Trust Indeniure in the form attached herexo with such insubstantial changes as shall be approved by them as evidenced by their signatures. Section 3. This Resolution shall be effective from and after the date hereof. Adopted: , 1995 SRO 68454 Mayor City Managec 10.03 � CERTIFICATE The undersigned, Clerk of the City of Fridtey, Minnesota, hereby ceRifies that the foregoing is a true and correct copy of a Resolution duly adopted on the day of April, 1995, and that such Resolution remains in full force and effect and has not been amended or rescinded as of this date. 1995. Clerk 10.04 FIRST SUPPLEMENTAL TRUST INDENTURE THIS FIRST SUPPLEMENTAL TRUST INDENTURE, dated as of April 1, 1995, is made by and between the City of Fridley, Minnesota, a municipal corporation and political subdivision of the State of Minnesota (the Issuer) and NORWEST BANK MINNESOTA, National Association (successor in interest to Norwest Bank Minneapolis, National Association), as trustee under the hereinafter defined Trust Indenture (the Trustee). RECITALS The Issuer and the Trustee have executed a Trust Indenture (the Indenture) dated as of November 1, 1984, in connection with the $6,190,000 City of Fridley, Minnesota, Floating Rate Demand Commercial Development Revenue Bonds (River Road Tnvestors Project) Series 1984. The parties hereto have been requested to amend the Indenture to provide, irzter �lia, for the interest rate on the Bonds to be adjusted weekly and to make provision for Bonds purchased with draws on the Letter of Credit to be held by or for the account of the Bank, according to the terms and subject to the conditions described herein. All capitalized terms used but not defined herein shall have the meanings assigned to them in the Indenture. NOW, T'HEREFORE, in consideration of the foregoing and of the covenants and condifions hereinafter set forth, the parties hereto agree as follows: Section 1. - Article I of the Indenture is amended by adding or amending the following defmitions: "Credit Agreement" means the initiat Letter of Credit and Reimbursement Agreement, dated as of November 1, 1984, between Citibank, N.A. and the Company, as amended by that certain Modification Agreement amang the Company, the Bank, and Citicorp Real Estate, Inc., as successor in interest to the Bank under the Credit Agreement dated as of October 18, 1994, or any agreement parsuant to which the Alternate Letter of Credit or Alternate Credit Facility is issued, as any of the same may be amended hereafter from time to time. "Custody Bonds" mearis Bonds held by the Trustee or the Paying Agent for the benefit of the Bank (or held as otherwise requested by the Bank) and purchased with the proceeds of a draw on the Letter of Credit pursuant to Section 3.05 hereaf. -�`�`� ..- "Outstanding" or "Bonds Outstanding" or "Outstanding Bonds" means, as at any given „�� ;� date, a11 Bonds which have been authenticated and delivered by the Trustee or the Paying - Agent under this Indenture, except: SRO 67893.03 10.05 (a) Bonds cancelled at or prior to such date or delivered to or acquired by the Trustee on or prior to such date for cancellation; (b) On or after any Purchase Date for Bonds pursuant to Article III hereof, all Bonds (or portions of Bonds) which aze tendered or deemed to have been tendered for purchase on such date (other than Custody Bonds), provided that funds are on deposit with the Trustee which, together with remarketing proceeds held by the Tender Agent, are sufficient for such purchase; (c) Bonds deemed to be paid in accordance with Article VIII of this Indenture; and (d) Bonds in lieu of which other Bonds have been authenticated under Section 2.08 hereof. "Purchase Date" means each date on which Bonds are to be tendered at the option of the Bondholder thereof pursuant to Section 3.01 hereof, and each date on which the Bonds are subject to mandatory tender pursuant to Section 3.09 hereof. "Remarketing Agreement" means the Remarketing Agreement dated as of November 1, 1984, as amended on the date hereof, among the Company, the Bank, the Trustee, the Paying Agent, and the Remazketing Agent. "Weekly Rate" means the rate of interest borne by the Bonds for a Weekly Rate Period and determined pursuant to Section 2.02(c) hereof. "Weekly Rate Bonds" means the Bonds while they bear interest at the Weekly Rate. "Weekly Rate Period" means the weekly period which begins on Friday of each calendar week and ends at the close of business on Thursday of the immediately following calendar week during which the Bonds bear interest at a Weekly Rate; except that the first Weekly Rate Period shall begin on , 1995, and end on , 1995. Section 2. - Section 2.02(b) of the Indenture is amended by adding a new subsection (iu) to read as follows: (ui) From and including 1, 1995, unless the interest rate on the Bonds shall have been established at the Fixed Interest Rate pursuant to Article IV hereof, the Bonds shall bear interest at the Weekly Rate described above and in Section 2.02(c) hereof. SRO 67893.03 2 10.06 Section 3. - Article II, Section 2.02(c) is amended to read as follows: (c) A Weekly Rate shall be determined for each Weekly Rate Period as described below. Weekly Rate Periods shall commence on Friday of each week and end at the close of business on Thursday of the following week; except that (i) the first Weekly Rate Period shall begin on , 1995, and sha11 end on , 1995. The Weekly Rate for each Weekly Rate Period shall be effective from and including the commencement date of such period and shall remain in effect through and including the last day thereof. Each such Weekly Rate shall be determined by the Indexing Agent at or before 12:00 noon, Chicago time, on the Thursday before the commencement date of the Weekly Rate Period to which if relates or, if such date is not a Business Day, on the Business Day next preceding the commencement date of the Weekly Rate Period to which it relates. The Weekly Rate shall be the lowest rate which, in the judgment of the Remarkedng Agent (having due regard for prevailing market conditions) would enable the Bonds to be sold at par on the first day of the next Weekly Rate Period, and shall further meet the conditions set forth in Section 2.02(b)(i) (A) and (B) and (ii) hereof. The Interest Index shall be computed by the Inde�cing Agent. The Interest Index shall be based upon 7-day yield evaluations at par of not less than five (5) Component Issuers selected by the Indexing Agent which may include, without limitation, issuers of commercial paper, project notes, bond anticipation notes and tax anticipation notes. So long as the Bonds are rated by either Moody's or S&P in either of its two highest long-term debt rating categories, each of the Component Issuers must either (i) have outstanding securities rated by either Moody's or S&P in its highest note or commercial paper rating category (and no securities rated by either Moody's or S&P in any lower rating category) or (ii) have outstanding securities rated by either Moody's or S&P in either of its two highest long-term debt rating categories (and no securities rated by either Moody's or S&P in any lower rating ca.tegory) and either (i) have no outstanding notes or commercial paper, or (ii) have outstanding notes or commercial paper, none of which is rated by either Moody's or S&P. In the event the Bonds are not rated by either Moody's or S&P in either of the two highest long-term debt rating categories of such rating agency, the Interest Index shall be based upon yield evaluations at par of not less than five (S) Component Issuers, each of which must either (i) have outstanding securities rated by such rating agency in its note or commercial paper rating category conelative, in the judgement of the Indexing Agent, to the long-term debt rating category in which the Bonds are rated by such rating agency or (ii) have outstanding securities rated by such rating agency in the same long-term debt rating category as the Bonds are rated by such rating agency and either (A) have no outstanding notes or commercial paper or (B) have outstanding notes or commercial paper, none of which is rated b}��,xating agency. The specific issues included in the Component Tssuers may be changed from time to time by the Indexing Agent in its discretion. Notice of such changes shall be given to the SRO 67893.03 3 10.07 Bank, the Company, the Remarketing Agent and the Trustee. In the event (i) that the Bonds are rated by neither Moody's nor S&P, or (ii) that the Indexing Agent no longer computes, or fails to compute, the Interest Index and no other qualified municipal securities evaluation service can be appointed in accordance with Section 10.24 hereof, the Interest Index during each Interest Period shall be sixty- five percent (65 %) of the interest rate applicable to 13-week United States Treasury bills determined by the Remarketing Agent on the basis of the average per annum discount rate at which such 13-week Treasury bills shall have been sold at the most recent Treasury auction during the next preceding Interest Period, or, if no such auction shall have been conducted during the next preceding Interest Period, or if the Indexing Agent shall fail or refuse to determine the Interest Index, the Interest Index during such Weekly Rate Period shall be the same as for such preceding Weekly Rate Period. On each date a Weekly Rate is determined, and on any date on which the Weekly Rate is increased pursuant to the last sentence of the first paragraph of this Section, the Remarketing Agent shall give the Trustee telephonic notice, promptly coniirmed in writing, by telecopy, with copies to the Company, the Paying Agent and the Bank, of the Weekly Rate determined by the Remarketing Agent on such date; rovided that such telephone notice need not be given unless the Weekly Rate so determined is different from the Weekly Rate for the preceding Weekly Rate Period. Section 4. - Section 2.03(e) of the Indenture is amended to read as follows: (e) No notice of W�kly Rates will be given to the Owners, but the Owners may obtain Weekly Rates from the Trustee upon request. The computation of the Interest Index by the Indexing Agent, and the Prime Rate and all determinations of Weekly Rates pursuant to this Indenture, shall be conclusive and binding upon the Issuer, the Company, the Bank, the Trustee, any Paying Agent, the Registrar, the Remarketing Agent and the Owners of the Bonds to which such rates are applicable. T'he Issuer, the Remarketing Agent, the Indexing Agent, the Company, and the Trustee shall not be liable to any Owner or any other party for any Weekly Rate determined by the Remarketing Agent in its reasonable professional judgment and in accordance with the terms of this Indenture. The Issuer, the Company, the Bank, the Trustee, any Paying Agent, the Indexing Agent and the Remarketing Agent shail not be liable to any Owner for failure to give any notice required with respect to Weekly Rates or for failure of any Bondholder to receive or obtain any such notice. Section 5. - The first sentence of Article III, Section 3.01(a) is amended to read as follows: a�`¢� Any Weekly Rate Bond shall be purchased, on the demand of the Owner, on any Interest Payment Date, at the Purchase Price, upon: (1) delivery to the Remarketing Agent, at the Principal Office of the Remarketing Agent, at or prior SRO 67893.03 t� 10.08 to 4:00 p.m., Minneapolis dme, on or before the third Business Day prior to such Interest Payment Date of a telephonic notice to be followed by written notice on the next Business Day which (i) states the principal amount of such Bond, and (ii) states that such Bond shall be purchased on such Interest Payment Date pursuant to this Section 3.01(a); and (2) the delivery of such Bond (with all necessary endorsements) at the Principal Office of the Remarketing Agent at or prior to 10:00 a. m. , Minneapolis time, on the Interest Payment Date provided, however, that such Bond shall be so purchased pursuant to this Section 3.01(a) oniy if the Bond so delivered to the Remarketing Agent shail conform in all respects to the description thereof in the aforesaid notice. Section 6. - The first sentence of Article III, Section 3.01(b) is amended to read as follows: (b) Any Weekly Rate Bond (except Custody Bonds) shall be purchased, on the demand of the Owner, if such Owner is an Investment Company, on any Business Day at the Purchase Price, upon: (1) delivery to the Trustee at the Principal Office of the Trustee, with a copy to the Paying Agent at the Principal Office of the Paying Agent, of a telephonic notice to be followed on the next Business Day by a written notice which (i) states that such Owner is an Investment Company, (ii) states the principal amount of such Bond, (iii) states that such Bond shall be purchased pursuant to this Section 3.01(b), and (iv) states the date of purchase, which shall be a Business Day not prior to the seventh (7th) day next succeeding the date of the delivery of such notice to the Trustee and the Paying Agent; and (2) delivery of such Bond (with all necessary endorsements) and, in the case of a Bond to be purchased prior to the Interest Payment Date of any Interest Period and after the Record Date in respect thereof, a due-bill check, in form satisfactory to the Paying Agent, for interest due on such Interest Payment Date, at the Principal Office of the Paying Agent acting on ttehalf of the Trustee at or prior to 10:00 a.m., Minnea.polis time, on the first Business Day prior to the date of purchase specified in the aforesaid notice; provided, however, that such Bond shall be so purchased pursuant to this Section 3.01(b) only if the Bond so delivered to the Paying Agent shall conform in all respects to the description thereof in the aforesaid notice. Section 7. - The first sentence of Article III, Section 3.01(c) is amended to read as follows: (c) Any Weekly Rate Bond (except Custody Bonds) shall be purchased, on the demand of the Owner, on any Business Day at the Purchase Price, upon: (1) delivery to the Remazketing Agent at the Principal Office of the Remarketing Agent of a telephonic notice, followed by a written notice on the next Business Day which (i) states the principal amount of such Bond, (u) states that such Bond shall be purchased pursuant to this Secti��.01(c), and (iii) states the date of purchase, which shall be a Business Day no� �Srior to the seventh (7th) day next succeeding the date of delivery of such notice to the Remarketing Agent; and (2) SRO 67893.03 5 10.09 delivery of such Bond (with all necessary endorsements) and, in the case of a Bond to be purchased prior to the Interest Payment Date for any Interest Period and after the Record Date in respact thereof, a due-bill check, in form satisfactory to the Remarketing Agent, for interest due on such Interest Payment Date, at the Principat Office of tfie Remazketing Agent at or prior to 10:00 a. m. , Minneapolis time, on the date of purchase specified in the aforesaid notice; provided, however, that such Bond shall be so purchased pursuant to this Section 3.01(c) only if the Bond so delivered to the Remarkering Agent shall conform in all respects to the descriprion thereof in the aforesaid notice. Section 8. - Article III, Section 3.03 is amended to add the following subsection (c): (c) Provided that all Bonds delivered to the Remarketing Agent pursuant to Section 3.01 have been remarketed, the Remarketing Agent shall offer for sate and use its best efforts to sell the Custody Bonds in accordance with the provisions of Section 3.03(a) relating to determination of the interest rate. The proceeds from the sale of Custody Bonds sha11 be delivered to the Bank to be applied to reduce the Company's obligations to the Bank under and pursaant to the conditions of the Credit Agreement. Section 9. - Article III, Section 3.05(a)(iii) is amended to read as follows: (iu) Bonds delivered to the Paying Agent or the Remarketing Agent and which will be purchased with moneys to be received under the Letter of Credit pursuant to Section 3.02(a)(iii) or 3.04(a)(iii) hereof shall be delivered to the Trustee, who will draw such moneys under the Letter of Credit and who will (A) deliver such Bonds to the Paying Agent to hold for remarketing for the account of the Bank, as Custody Bonds, or (B) deliver the Bonds to the Paying Agent for cancellation, at the written direction of the Bank, which direction may be given or withheld in the Bank's sole discretion. Section 10. - The second sentence of Article III, Section 3.07(a) is amended to rea.d as follows: If called for redemption at any time pursuant to (1), (2), (3) or (4) above, the Bonds shall be subject to redemption by the Issuer prior to maturity on any Interest Payment Date, in whole or (in the case of redemption pursuant to Section 5.2(b) of the Agreement) in part, and if in part, such Bonds shall be selectad in accordance with the provisions of Section 3.12 hereof (except that Custody Bonds shall be redeemed prior to any other Bonds), at a redemption price equat to 100% of the principai amount thereof plus accrued interest to the redemption date. " Section 11. - Article III, Section 3.07(b) is amended by adding the following sentence to the end ��---' of that section: SRO 67893.03 6 1�.1� Any such reduction in the amount of Bonds to be so called for redemption shall be offset by the principal amount of Custody Bonds then Outstanding. Section 12. - The first sentence of Article III, Section 3.10(a) is amended to read as follows: (a) An Owner (except the Bank) may direct the Issuer through the Trustee not to redeem any Bond or Bonds, or integral multiples of the Authorized Denomination thereof, owned by him, to be redeemed pursuant to Section 3.09(a) hereof by delivering to the Trustee at the Principai Office of the Trustee on or before the tenth Business Day following the date the Tr�stee gives notice of redemption as provided in Section 3.13(b) hereof an instrument or instruments in writing executed by such Owner which (i) specifies the numbers and denominations of Bonds so owned, (ii) acknowledges that the interest rate borne by the Bonds is to be converted to a Fixed Interest Rate; (iii) acknowledges that the Letter of Credit wi11 expire on a date following such conversion and that such expiration may result in a reduction of Moody's or S&P's ratings of the Bonds from those which then prevail and, (iii) directs the Issuer not to redeem the Bonds so owned by such Owner, or integral multiples of the Authorized Denomination thereof, specified therein. Section 13. - The first sentence of Article III, Section 3.10(b) is amended to read as follows: {a) An Owner (except the Bank) may direct the Issuer through the Trustee not to redeem any Bond or Bonds, or integral multiples of the Authorized Denomination thereof, owned by him, to be redeemed pursuant to Section 3.09(a) hereof by delivering to the Trustee at the Principal Office of the Trustee on or before the tenth Business Day following the date the Trustee gives notice of redemption as provid�l in Section 3.13(b) hereof an instrument or instruments in writing executed by such Owner which (i) specifies the numbers and denominations of Bonds so owned, (ii) acknowledges that the Letter of Credit will expire in the next succeeding Interest Period, and acknowledges that the expiration of the term of the Letter of Credit may result in a reduction of Moody's or S&P's ratings of the Bonds from those which then prevail and, (iii) directs the Issuer not to redeem the Bonds so owned by such Owner, or integral multiples of the Authorized Denomination thereof, specified therein. Section 14. - The second sentence of Article III, Section 3.12 is amended to read as follows: (a) If less than all the Bonds shall be called for redemption under any provision of this Indenture permitting such partial redemption, (i) Custody Bonds shall first be cailed for redemption and (ii) the particular Bonds (other than Custody Bonds) or portions thereof to be�deemed shall be selected by the Trustee, in such manner as the Trustee in its-ciiscretion may deem proper, in the principal amount SRO 67893.03 % 10.11 designated to the Trustee by the Company or otherwise as required by this Indenture. Section 15. - A new Section 3.16 is addetl to Article III of the Indenture to read as follows: Section 3.I6. Bonds Purchased with Proceeds of Letter of Credit. (a) The Paying Agent shall hold in its custody and control for the benefit of the Bank any Bonds purchased with proceeds of a drawing on the Letter of Credit unless and until, with respect to Bonds tendered pursuant to Section 3.01 hereof that are Weekly Rate Bonds at the time of their release from the Paying AgenYs custody, the Paying Agent has delivered to the Bank the proceeds of a successful remarketing of such Bonds and a Letter of Credit is held by the Trustee and in effect for all Outstanding Bonds and the Bank has given written notice of the reinstatement thereof with respect to and for the amount of such Bonds being released. Such Bonds so held by the Paying Agent are herein called "Custody Bonds". Custody Bonds shall not be transferable or deliverable to any party except the Bank or its designee. (b) The Remarketing Agent shall continue to use its best efforts to arrange for the sale of any Custody Bonds that are Weekly Rate Bonds at a price eqaal to 100°k of the principal amount thereof plus accrued interest; rop videti, however, that the Remarketing Agent shall not arrange for the sale of (i) any Custody Bonds that are Weekly Rate Bonds unless and until the Remarketing Agent has received notice from the Trustee that a Letter of Credit is held by the Trust,ee and is in effect for all Outstanding Bonds. (c) On or prior to each Business Day on which any Custody Bonds bearing interest at a Weekly Rate that are successfully remarketed by the Remarketing Agent are to be purchased, the Remarketing Agent shall give telephonic notice, promptly confirmed in writing, to the Paying Agent, the Trustee, the Bank and the Owner specifying: (i) the Business Day on which such purchase will take place and the principat amount of Custody Bonds successfully remarketed by the Remarketing Agent; and (ii) to the Paying Agent only, the names, addresses and ta�c identificadon numbers of the proposed purchasers thereof. (d) Upon the sale of Custody Bonds arranged by the Remarketing Agent, the ��.-t Paying Agent shall contemporaneously deliver (i) Bonds issued in exchange for ,,,�,�. °'-� such Bonds to the Remarketing Agent for redelivery to the purchasers thereof and --� -- �- (ii) the proceeds of such sale received from the Remarketing Agent to the Bank. SRO 67893.03 g �0.�2 Section 16.- Section 6.17 is hereby amended to read as follows: Section 6.17 �atisfactorv Evidence of Non-Occurrence of Event of Bankruptcy. The Trustee shall determine no lather than the ninety-fifth (95th) day following the Interest Payment Date, on which any principal amount of Bonds has been paid, or before any release of the Reserve Fund whether an Event of Bankruptcy shall have occurred at any time prior to the ninety-first (91st) day foliowing such Interest Payment Date with respect to the Company which payments were a source of payments made to the Owners on such Interest Payment Date; provided, that unless the Trustee has received notice of the occurrence of such an Event of Bankruptcy, the Trustee, in determining whether an Event of Bankruptcy has occuned with respect to the Company or the Guarantors shall be entided to reiy upon orai followed by written information furnished by the Minneapolis, Minnesota office of the U.S. Bankruptcy Court for the District of Minnesota {the "Court") or upon a bankruptcy search with respect to such office obtained from a title insurance company which has a Minnesota office. The Trustee shall be entitled to assume that the Company has at all times remained a Minnesota partnership with its principal place of business and principal assets in a Minnesota county and that the Guarantors have at all times remained residents of a Minnesota county within the jurisdiction of the Minneapolis, St. Paul or Duluth, Minnesota, office of the Court, unless written notice to the contrary is received, in which case the Trustee, in determining whether an Event of Bankruptcy has occurred, shall be entitled to rely upon oral or written information furnished by the office of the U.S. Bankruptcy Court with jurisdiction over the location of the principal place of business or principal assets or the place of residence of the Company, the Guarantors or upon a bankruptcy search with respect to such office obtained from a title insurance company with an office located within the area over which that office of the Court has jurisdiction. Section 17.- Section 13.07 is amended to read as follows: Section 13.07. Notices. Except as otherwise provided in this Indenture, certificates, requests, requisitions, complaints, demands, or other communications to be given to or filed with the Issuer, the Trustee, the Company, the Paying Agent, the Registrar, the Indexing Agent, the Bank, and the Remarkedng Agent, pursuant to this Indenture shall be in writing and shall be sufficiently given and shall be deemed given when duly mailed by registered or certified mail. Any service by mail or delivery service shall be addressed, and service by telephone shall be given, as follows: (O1) To the Issuer: 6431 University Avenue, N. E. Fridley, Minnesota 55432 Attn: City Manager or, if by telephone, SRO 67893.03 9 10.13 SRO 67893.03 to the City Manager at (612) 571-3450 (02) To the Trustee, Registrar, and Paying Agent: Delivery Address Norwest Bank Minnesota, National Association Corporate Trust Services 12th Floor North Star East Bldg. 608 Second Avenue South Minneapolis, MN 55479-0069 and Mailin� Address Norwest Bank Minnesota, National Association Corporate Trust Services Sixth and Marquette Minneapolis, MN 55479 or, if by telephone, To a Trust Officer in its Corporate Trust Department at (612) 667-3486 (03) To the Company: 7841 Wayzata Boulevard Minneapolis, Minnesota 55426 Attn: Harry J. Yaffe or, if by telephone, To Harry J. Yaffe at (612) 546-2000 (04) To the Bank: 200 S. Wacker Drive Chicago, Illinois 60606 Attn: City Head Reference: River Road Investors Fridley, Minnesota (CRE Chicago) 10 10.14 or, if by telephone, to at (312) 876-0525 (OS) To the Owners: Addressed to each of the Owners of the Bonds at the time outstanding, as shown by the list of Owners required by the Indenture to be kept at the principal corporate office of the Trustee. (06) To the Remarketing and Indexing Agent: 90 South Seventh Street Suite 4300 Minneapolis, MN 55402 Attn: Walter C. Parkins or, if by telephone, To Walter C. Parkins at (612) 376-4137 Any party hereto may, from time to time, change such address or telephone number by filing with the other parties hereto such new address or telephone number. sRO b�s�.a� 11 10.15 Section 18. - Exhibit A[Form of Pre-Conversion Weekly Rate Bond] is amended to read as shown on Exhibit A attached hereto. 5ection 19. - All references in the Indenture to Trustee, Paying Agent and Registrar shall mean Norwest Bank Minnesota, National Association, its successors and assigns. Section 20. - In all other respects, the parties hereto ratify and affirm the Indenture as amended hereby. IN WITNESS WHEREOF, the parties hereto have caused this First Supplemental Trust Indenture to be duly executed and delivered by their respective officers as of the above date. CITY OF FRIDLEY, MINNESOTA By Mayor By City Manager NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION By Its: SRO 67893.03 12 10.16 CONSENT TO FIRST SUPPLEMENTAL TRUST INDENTURE DATED AS OF APRIL 1, 1995 BETWEEN THE CITY OF FRIDLEY, n�IINNFSOTA, 1:��11 NORWEST BANK 1VIINN�,SOTA, NATIONAL ASSOCIATION The foregoing First Supplemental Trust Indenture is hereby consented to by the Bank, Citicorp Real Estate, Inc., the Company, and the Remazketing and Indexing Agent. SRO 67893.03 CITICORP REAL ESTATE, INC. By Its: CITIBANK, N.A. By Its: RNER ROAD INVFSTORS By Its: General Partner DOUGHERTY, DAWKINS, STRAND & BIGELOW INCORPORATED By Its: 13 10.17 CONSENT TO FIItST SUPPLEMENTAL TRUST INDENTURE DATED AS OF APRII, 1, 1995 BETWEEN THE CITY OF FRIDLEY, 11�IINNFSOTA, 0 NORWEST BANK A�IINNESOTA, NATIONAL ASSOCIATION The undersigned, being the Owner of all Outstanding Bonds issued pursuant to the Indenture described in the foregoing First Supplemental Trust Indenture, hereby consents to the amendments to the Indenture set forth in the First Supplemental Trust Indenture to which this Consent is attached. OWNER: (Insert name of Owner of Bonds) : Its: SRO 67893.03 14 1�.18 � � C17Y OF FRiDLEIf LICENSES April 10, 1995 Type of License: By: BILLIARDS University Biiliards Greg Asproth 7178 University Ave.N.E. Fridley, MN 55432 Moose Lodge of Fridley DeeDee's Fun 8298 University Ave.N.E. �+lachines & Candy Fridley, MN 55432 CARNIVAL Gopher St.Expositions A. Forcier 4286 42nd St. S.E. Mpls. MN CIGARE7TE Fridley Rec. � Service Co. Automatic Sales 6310 Hwy 65 N.E. Fridley, MN 55432 � Fridley Sinclair S. Johnson 6290 Hwy 65 N.E. Fri dl ey, P1N 55432 Holiday Plus #487 Erickson Bros, 1298 E. P�ioore Lk. Dr. Fridley, MN 55432 Approved By: David Sallman Public Safety Director �� �� �� Richard Larson Fire Inspector David Saliman Public Safeiy Director �� �� �� �� �� �� Knights of Columbus North Air Nome Assoc, " 6831 Hwy. 65 N,E. Fridley, MN 55432 P�1i ke' s Gas & Grocery h1. Deconci ni 6485 E. River Rd. Fridley, MN 55432 Moose Lodge of Fridley Dee Oee's Fun 8298 University Ave.N.E. Fridley, MN 55432 PDQ Stores of MN PDQ Stores of MN 620 Osborne Rd. N.E. Fridley, MN 55432 13.01 r �, u �� �� �� �� �� �� �� �� „ Fees: $250.00 $40.00 $375.00 $30.00 $30.00 $30.00 $30.Q0 $30.00 $30.00 $30.00 / � CffY OF FRIDLEY LICENSES Page 2 Sandee's Bram Investments 6490 Central Ave.N.E. Fridley, MN 55432 Stuart Anderson Cattle Co. ARG Enterprises, Inc. 5696 Universi�y Ave.N.E. Fridley, MN 55432 Target Store & Snack Bar Target Stores 755 53rd Ave.N.E. Fridley, MN 55432 Uni,versity Sinclair M. Johnson 6071 University Ave. N.E. Fridley, MN 55432 Wal-Mart Wal-Mart Stores Inc, 8450 University Ave, N.E. Fridley, MN 55432 ENTERTAINMENT Knights of Columbus � North Air Home Assoc. 6831 Hwy,65 N,E. Fridley, MN 55432 Fridley American Legion M. Saltness 7365 Central Ave.N.E. Fridley, MN 55432 FIREARM Stanton 0. Berg Same 6025 Gardena Ln. N.E. Fridley, MN 55432 FOOD ESTABLISHMENT A& W Restaurant Wiles Enterprises,Ltd 7429 E. River Rd. Fridley, MN 55432 Burger King Torchwood Franchise 6401 University Ave.N.E. Group, Inc. Fridley, MN 55432 Central Embers Central Embers Inc. 5400 Central Ave.N'.E, Fridley, MN 55432 David Sallman $30.00 Public Safety Director " " " $30,00 " " " $30.00 " " " $30.00 m m " " $30.00 " " $85.00 �� �� �� �� �� �� � �� E, : � � $25.00 $45.00 $45.00 $45.00 / � CffY OF FRIDLEY Page 3 Children's Wor1d 5310 Monroe St.N.E. Fridley, MN 55432 Domino's Pizza 7510 University Ave.N.E. Fridley, MN 55432 Fridley,Dairy Queen 225 Osborne Rd.N.E. Fridley, MN 55432 Fri.diey;Sinclair b290 Hwy. 65 N.E. Fridley, MN 55432 Hardee's 280 57th Ave.N.E. Fridley, MN 55432 Holiday Plus #487 250 57th Ave. N.E. Fridley, MN 55432 � Hong Kong Kitchen 6562 University Ave.N.E. Fridley, MN 55432 Knights of Columbus 6831 Hwy. 65 N.E. Fridley, MN 55432 h1cGlynn's Bakery 7350 Commerce Ln. N.E. Fridley, MN 55432 Map]e Lanes Restaurant b310 Hwy. 65 N.E. Fridley, MN 55432 Medtronic 7000 Central Ave.N.E. Fridley, MN 55432 Mike's Gas & Groc�ry 6485 E. River Rd. Fridley, MN 55432 Moore Lake Raquet Hea]th Club 1200 E. P1oore Lk.Dr. Fri dl e_v, MN 55432 LICENSES �4RA Bil� Graves Don Fitch S. Johnson TNP, Inc. Erickson Bros. Karen Kwan North Air Home Assoc. Same Same Roy Newman Michael Deconcini Same y3.03 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.Q0 $45.00 $45.00 $45.00 $45.00 r � CITY OF FRIDLEY LICENSES Page 4 Old Country Buffet Buffets, Inc. 6540 University Ave.N.E. Fridley, MN 55432 Oriental House Meilan Chen Leuck 5865 University Ave.N.E. Fridley, MN 55432 PDQ Store PDQ Stores of Mn 620 Osborne Rd. N.E, Fridley, MN 55432 Perkins Rest.& Bakery#1041 Perkins Rest.Oper. L.P, 7520 University Ave.N.E. Fridley, MN 55432 Pizza Flame Pizza Flame-Fridley Inc. 317 Osborne Rd.N.E. Fridley, MN 55432 Sandee's Braam Investments Inc. 6490 Central Ave.N.E, Fridley, MN 55432 � Stuart Anderson's Cattle Co. Rest. 5696 University Ave.:�' N,E. Fridley, MN 55432 Target Distribution Same 1090 73rd Ave.N.E. Fr�dley, MN 55432 ARG Enterprises, Inc. Target Store & Snack Bar Target Stores 755 53rd Ave.N,E. Fridley, MN 55432 University Billiards Greg Asproth 7178 University Ave.N.E. Fridley, h1N 55432 University Sinclair Pqichael Johnson 6071 University AVe.N.E. Fridley, P1N 55432 Wal-Mart Wal-Mart Stores Inc. 8450 University Ave.N.E. Frid]ey, MN 55432 13.04 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 / � LICENSES � oF FRIDLEY Page 5 Wendy's Old Fashioned Wendy's Int.Inc. Hamburgers 760I Viron Rd. N.E. Fridley, MN 55432 Wong's Gourment Inc. Park L, Wong 1254 E. f+loore Lk. Dr. Fridley, MN 55432 OFF SALE BEER Conoco : Kayo Oil Co. 76Q0 University Ave.N.E. Fridley, MN 55432 East River Rd Texaco Donald Kisch 8100 E. River Rd. Fridley, MN 55432 Holiday Plus Erickson Bros. 250 57th Ave,N.E. Fridley, MN 55432 Mike's Gas & Grocery Michael Deconcini 6485 E, River Rd. Fridley, MN 55432 PDQ PDQ Stores of h1N 620 Osborne Rd. N.E. Fridley, MN 55432 ON SALE BEER Oriental House Restaurant Meilan Leuck 5865 University Ave.P�.E. Fridley, MN 55432 TEiNPORARY ON SALE BEER Fridley Lions Club Clyde Moravetz P.O.Box 32815 Fridley, MN 55432 �,. REFUSE HAULER Ace Solid Waste Inc. Dennis Fredrickson 3118 162nd Lane N.W. Andover, MN 55304 13.05 $45.00 $45.00 David Sallman $60.00 Public Safety Director " " " $60.00 " " " $60.00 " " " $60.00 " " " $60.00 �� : , . " " " $325.00 " " " Exempt $75.00 �i � � C(1Y OF FRIDLEY Page 6 Browning Ferris Ind.of MN 9813 Flying Cloud Dr. Eden Prairie, MN 55347 Hilger Tansfer 8550 Zachary Ln. Maple Grove, MN 55369 Johnson Sanitation 125 Bunker Lk. Blvd. N.W. Anoka, MN 55304 Kei.th Krupenny & Son Disposal Service, In. 1214 Hall Ave. West St.Paul, MN 55118 Larry's Quality Sanitation 17210 Driscoll St.N.E. Ramsey, MN 55303 Pretzel's Sanitation Inc. 15323 Ramsey Blvd. N:W. Anoka, MN 55303 Twin City Sanitation Inc. 279 Meadowood Ln. N.E. North Oaks, MN 55127 Waste Control Systems, Inc. 95 W. Ivy St. Paul, MN 55117 Waste Management Blaine 10050 Naples St. N,E. Blaine, MN 55449 RETAIL GASOLINE Mike`s Gas & Grocery 6485 E. River Rd. Fridley, MN 55432 University Sinclair 6071 University Ave.N.E. Fridley, MN 55432 LICENSES Bill Heaston David A. Klatke, Jr. LeRoy Johnson Jr. Keith Krupenny Larry Saba Lawrence Plessel Rick Gersdorf J�hn N. Milne LeRoy Christen Michael Deconcini Michael Johnson 13.06 Richard Larson Fire Inspector �� �� $135.00 $60.00 $90.00 $60.00 $75.00 $90.00 $60.00 $60.00 ', $180.00 �I $60.00 " $50.00 � � LICENSES CffY OF FRIDLEY Page 7 GAT�BLING Joe DiMaggio's Sprots Bar George Vespa 1298 E. Moore Lk.Dr. Fri d 1 ey, P�N 55432 Shorewood Inn James Nicklow 6161 Hwy. 65 N.E. Fridley, MN 55432 SOLICITOR The Flower Shoppe Heidi Engstrom 8484 Cemtral Ave. N.E. Spring Lk.Pk., MN 55432 The Flower Shoppe Melanie J. Grosslein 8484 Central Ave.N.E. Spring Lk.Pk, MN 55432 INTERSTATE COMMERCE &OLICITOR Greenpeace � Bill Busse 212 No. 3rd Ave. Suite 350 Mpls. MN 55401 USED MOTOR VEHICLE Fridley Chevrolet Geo,Inc. Same 7501 Hwy 65 N.E. Fridley, MN 55432 Lupient Buick Carl Huntley dba Lupient Suzuki & Lupient Bargain Lot 7810 University Ave.N.E. Fridley, MN 55432 TREE REMOVAL Bullseye Tree Service Bryan Heacock _ �- .:°18519 Cl eveland St. Elk River, MN 55330 William Nelson Same 13055 Riverdale Dr. Coon Rapids, MN 55448 The Tree Stump Robert Hutcheson 13677 Dan Patch Dr. Savage, MN 55378 13.�% David Sallman Public Safety Dir �� �� �� �� �� �� �� �� �� David Sallman David Sallman �� �� �� $300,00 $300.00 $60.00 $60.00 Exempt $150.00 $150.00 Paul Lawrence $40.00I P.W. Superintendent �=_� :,,�� " " " $40.00 " " ° $40.00 Engmeenng Sewer Water Pa�ks Slreets Mamtenance .�I I�� �I���I'� �� \ II�� � �I TO: William W. Bums, City Manager,�� PW95-071 FROM: John G. F1ora�Public Works Director DATE: April 10, 1995 SUBJECT: Harris Pond Tax District At the March 20, 1995 Council meeting, the Council held a public hearing authorizing the special assessments for treatment of Harris Pond as well as authorizing the execution of the contract with Lake Restoration Petitions received from the residents of Harris Pond requested that treatment of the pond be continued annually. It is understood that the water phosphorous column would be treated once every four years, submerged weeds twice a year, and the surface algae three times a year. As a means of establishing the collection of fees for the residents 50% participation, a special taxing clistrict must be established This public hearing formalizes the public notice of the establishment of the taxing district for the Harris Pond improvements. After the public hearing, an ordinance will be prepared to formalize the taxing ability for the properties abutting Harris Pond to facilitate the annual maintenance project and the collection of fees from the abutting properties. JGF:cz Attachments 14.01 �_� .i� . �:��_ � �ISSIPPI Pzx 133024410007 133024410084 133024410083 133024410016 133024410017 133024410018 133024410020 133024410021 1330244�'2�,2 13302441iDt723 133024410024 133024410�34 133024410033 133024410032 I33024410031 133024410030 133024410029 133024410028 133024410027 133024410026 133024410025 SIREETNUM 0 1660 1668 1591 1580 1560 643Z 6411 6381 6371 6361 1691 1681 1671 166Z 1651 1641 1631 1621 1611 6351 i � � � � � � � MISSISS�ST STREETADD MISSISSIPPI ST MISSISSIPPI ST DANA CT DANA CT DANA CT SQUIRE DR SQUIRE DR SQUIRE DR �QUIRE DR SQUIRE DR CAMELOT I�T CAMELOT I,N CAMEI,OT I,N CAMELOT I,N CAMEI,OT I,N CAMELOT I�N CAMEIAT II�Id �� �14.02 SQUIRE DR STREETDIR NE NE NE NE NE NE NE NE NE NE NE NE . tTE NE NE NE NE NE NE NE NE ZIP 0 55432 55432 55432 55432 55432 55432 . 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 55432 ��` �oo _ i �� � '� Date� C HARItIB POND PSTITION 1 of 4 We, the undersigned, abutting Harris Pond request �`City. of Fridley to: X a. b. Treat one-half the pond area three times per year for weeds and algae ChemicaZly treat one-half the pond area every four years for phosphorus reduction � We agree to be equally assessed for a tota2 amount of one-half the cost of the designated items above plus any permit fees. We request that the weed and algae treatment program for Harris Pond be continued annually until the City is notified to discontinue this effort �y a petition of 51 percent or greater of the abutting Harris Pond landowners. We also request that chemical treatment for phosphorus reduction be scheduled every fourth year until the City is notified to discontinue this effort by a petition of 51 percent or greater of the abutting Harris Pond landowners.' Name CITY OF FRIDLEY _ Signature Address � � ����y� �., .� � z__ �,(�i1�-.� 1660 Mississipni St. -v�-t.'1- ,� '7� ' % �" r � �, � � � , C_--�-��� 14.03 Date ��l O � `1 S� HARRIS POND PETITZON 2 of 4 We,��fie undersigned, abutti�g Harris Pond request the Cityof Fridley to: -y a. Treat one-half the pond area three times per year for weeds and algae b. Chemically treat one-half the pond area every four years for phosphorus reduction We agree to be equally assessed for a total amount of one-half the cost of the designated items above plus any permit fees. We request that the weed and algae treatment program.for Harris Pond be continued annually until the City is notified to discontinue this effort by a petition of 5Z percent or greater of the abutting Harris Pond landowners. We also request that the chemical treatment for phosphorus reduction be scheduled every fourth year until the City is notified to discontinue this effort by a petition of 51 percent or greater of the abutting Harris Pond landowners. Name �- 1. C���z��, L , CITY OF FRIDLEY ,_ "� Signature � Address ' , , � -. _. f % : --.��.%��G� ••� � <"✓- •�''-'�� 1631 Camelot Lane /, a. wc, v� — ,, a . . , �- ;� ' `° %i� 1651 Camelot Lane '� Y i'` //` (. (t � �� r ( /� / "'.� 1 .. /� � / • _ �' � _ � ��_ �.-- l / � I� /✓�� V W ` r , � 4.04 Date �/ 1 � .S� HARRIS POND PSTITION 3 of 4 We, the undersigned, abutting Harris Pond request the Ci�y�:of Fridley to: a. b. Treat one-half the pond area three times per year for weeds and algae Chemically treat one-half the pond area every four years for phosphorus reduction We agree to be equally assessed for a total amount of one-half the cost of the designated items above plus any permit fees. We request that the weed and algae treatment program for Harris Pond be continued annually until the City is notified to discontinue this effort by a petition of 5z percent or greater of the abutting Harris Pond landowners. We also request that the chemical treatment for phosphorus reduction be scheduled every fourth year until the City is notified to discontinue this effort by a petition of 51 percent or greater of the abutting Harris Pond landowners. _ Name _ �� � %— ��� -�'� ,i� � ,-�%�" �n�j L � !"v/i'� .:� •l� ` 7't �\ � 1 '1 - -•: V -_ ,� _ .-�.,1� , !_ ,.(`:';� � %�i' , .�,t��--� CITY OF FRIDLEY Signature L _ `, ` i�, �, _ ,', ._� /. .: ; - . 14.05 Address 4 ►+] Date gAgitlg pOND PBTITION 4 of 4 We, the u�d�rsigned, abutting Harris,Pond request the City of Fridley to: a. Treat one-half the pond.area three times per year for weeds and algae: . . _ _ . b. Chemically treat one-half the pond.area every� four years for phosphorus reduction We agree to be equally assessed for a total amount of one-half the cost of the designated items above plus any permit fees. We request that the weed and algae treatment program for Harris Pond be continued annually until the City is notified to discontinue this effort by a petition of 51 percent or greater of the abutting Harris Pond landowners. We also request that the chemical treatment for phosphorus reduction be scheduled every fourth year until the City is notified to discontinue this effort by a petition of 51 percent or greater of the abutting Harris Pond landowners. n CITY OF NEW BRIGHTON _ Name f ; � i1� �qn�ure Address , k �� � � ` �� _S �'� � � �-�'«--�-�.�� ;�; � : ; � ,.; , - � ,� Yr1i��� , j -. : ,: C. 4� f `�_ '� .i.,�lt(�� 3075 2 G � i 4.06 5 21st CIN OF FRIDLEY NOTICE OF HEARING ON IMPROVEMENTS HARRIS POND TREATMENT WHEREAS, the City Council of the City of Fridley, Anoka county, Minnesota� has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOW, THEREFORE, NOTICE IS HEREBY GNEN THAT on the 20th Day of March, 1995, at 8:30 pm, the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Avenue NE, -Fridley� MN, and will at said time and place hear all parties interested in said improvements in whole or in part. The general nature of the improvement is to treat the pond for algae and weed infestation, to wit: IMPROVEMENT ITEM Pond improvement including chemical phosphorous treatment, aquatic weed and algae treatment of the surface waters a# Harris Pond located as follows: Harris Pond Est. $6,000 Alt of the land abutting upon said pond named above and al! tands within, adjacent and abutting thereto. All of said land to be assessed proportionately according to the benefits received by such improvement. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids, should contact Roberta Collins at 572-3500 no later than March 13, 1995.. PUBLISHED: FRIDLEY FOCUS March 7, 1995 March 14, 1995 14.07 �,�/3- DESCRIPTION OF REQUEST: Nordquist Sign Company requests that a variance be ganted to increase the maximum square faotage of a wall sign in the R 1, Single Family District from 3 square feet to 49 square feet. Two signs are proposed, one on the west wall, and one on the north wall of the building. This request is located at 7590 Lyric Lane. The request is on behalf of Fridley Com�alescent Home. SI;fMMARY OF LSSUES: The R 1 Single Family Dwelling District limits wall signs to a maximum of 3 square feet in area. The Fridley Convalescent Home is a special use in the R 1 district. A special use permit was granted for that use in 1965. Sign regulations do not acknowledge uses other than single family and multiple family dwellings in the R 1 district. Four conditions are identified in the sign code to evaluate variance requests. As proposed, the Fridley Convalescent signs meet all four conditions. The petitioner has the alternative of installing an institutional sign of 32 square feet. An institutional sign is a free-standing sign located ten feet from the property line or driveway. This alternative, however, would have a greater impact on the adjacent residential uses adjacent to the subject parcel. RECOMMENDED AG"TI4N: Staff recommends that the City Council approve the request, VAR #95-03, with the following stipulations. 1. The variance shall remain in effect until: a. The signs are altered in any way except for routine maintenance, and change of m�sssages which makes the sgns less in compliance with the chapter than it was before the alteration b. The supporting structure of the signs replaced or remodeled. c. The face of the signs are replaced or remodeled. d. The signs become dilapidated or damaged, and the cost of bringing them into compliance is more than 50% of the value of said signs, at which time all of the signs and their structures must be removed. �:.�� e. Notwithstanding sub-paragraph (a) above, the name of the business being changed on the signs. APPF.AI�,S COn�IlVILSSION ACTION: The AppeaLs Comcnission concx.ured with sta�s recommendatioa 15 Petition For: Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation; Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: FRIDLEY CONVALESCENT HOME SIGN VARrANCE PROJECT DETAILS Increase pernutted wall signage in an R 1, Single Family District from 3 square feet to 49 square feet. 7590 Lyric Lane Lot 1, Block 1, Maple Manor Addition Lot: 131,100 square feet - Building: 97 x 250 - Lot Coverage: Approx. 18% Flat Urban Landscape, Mature Trces and Shrubs R-1, Single Family N/A From Lyric Lane and Madison Street Pedestrian Access: N/A Engineering Issues: N/A Parking Spaces Required/Provided: 77 spaces, constructed in accordance with the requirements at the time of consh�uction Site Planning Issues: 2 15.02 i Pronertv Historv DPMENT SITE ANALYSIS In 1965, a Special Use Pernut was issued to Medicare Development Company for construction of a convalescent home. A. special use permit was required as the property is zoned R-1, Single Family. {Hospitals, cWucs, nursing homes, convalescent homes and homes for the elderly aze all special uses in the R 1, Single Family District.) In 1970, two sign pernuts were issued to allow two 23 square foot signs on the west and north sides of the building. The signs were comprised of uniit, individual letters, one foot tall. It is unclear how these permits were issued without a variance as the sign code at the time did not pern�it wall signs of that size. The City issued building permits in 1982 and 1991 for construction af a garage and a modular addition to the building. In 1985, the convalescent horne applied for and received a special use pernut to allow a parldng iot expansion in the R-1, Single Family District. Variance Analvsis The petitioner is requesting that a variance be granted to increase the maximum square footage of a wall sign in the R-1, Single Famity District, from 3 square feet to 49 square feet. This will altow installation of two seven foot by seven foot illuminated signs to be installed on the west and north sides of the convalescent home. T'hese signs are proposed to be located in the location of the e,xisting individual letter signs. Prior to ganting a variance from the literal provision of the sign code, the following conditions must be proven by the applicant: 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 viciniLy and district. The property is zoned R 1, Single Family Dwelling. There is additional Single Family Dwelling to the west and south In addition, there is R-3, General Multiple Family Dwelling, to the east and north of subject property. Section 214.09 of City Code regu(ates sign sizes and setbacks for residentiat districts. Wall signs, as pennitted within this section, can be a maximum of three square feet in area. The use of the property as a convalescent home, is a special use permit in the R-1 district. However, the R 1 sign code does not recognize alternative uses within the district such as convalescent homes and hospitals. Therefore, the variance is necessary as the use is unique compared to the surrounding residential uses. The petitioner could pursue an institutional sign of 32 square feet in area. This free star►ding sign could be placed ten feet from the property line on Madison Street. This option, however, woutd have greater impact to the adjacent residential area than the proposed wall signs as it would be more visible from the residential area.. b. That the variance is necessary for the preservation and enjoyr�rent of a substantial property right possessed by other property in the same vicinity and district, but which is denied to the property in yuestion. 15.03 ��,_� c. d. In order to identify the convalescent home, a sign iarger than three square feet is necessaiy. If the convalescent home were located in the CR 1, Generat Office District, as is the medical cliruc to the north, wall signage equal to the square root of the wall length times fifteen, would be pennitted. Sta.ff has calculated the pernutted wall signage for the west and north walls, based on this calculation, and has deterrnined that 128 square feex of signage would be pernutted on the north wall, and 148 square fcet of signage would be pennitted on the west wall. The permitted signage under the General O�ce District regulations far exceeds the request by the petitioner. A variance under the CR 1 District would not be necessary. Tlus request is sirrvlar to the Insurance Mart variance on Hwy. #65, in which an office use is located within the R 3, Generat Multiple Family District. Ttus use was pernutted when the district was first estabiished, and is a legal non-conforming use. A variance far the pylon and wall signs was granted to the Insurance Mart, complying with the CR 1, General Offce District regutations. That the strict application of the chapter would constitute an unnecessary hardship. Sri-ict application of the chapter would limit the petitioner to a maximum of three square feet of wall signage. For the size and type of use in the district, this amount of signage is very limited. It clearty indicates in Section 214.09 that the three square feet maximum applies to dwellings. Ttiat the granting of the variance would not be materially detrimental to the public health, safety or general welfare or detiime�ntal to the properiy in the vicinity or district in which the properly is located. The two signs are proposed to be located on the sides of the structure facing away from the single family residential districts. These signs would face the hospital to the west, and the medical clinic to the north. While the signs would be lit, the light from the signs would not adversely impact the adjacent residential property. In addition, if the CR 1 District regulations are used as a guide, the requested square footage is well within that which would be permitted. WEST: SOUTH: EAST: NORTH: Comprehensive Planning Issues: Public Hearing Comments: N/A ADJACENT SITES Zoning: R-1, Single Family Zoning: R 1, Single Family Zoning: R 3, General Multiple Family Zoning: CR-1, General Office Zoning: R 3, General Multiple Family No public attended the meeting. 15.04 Use: Hospital Use: Single Family Dwellings Use: Apartments Use: Medical Clinic Use: Apartments CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 I - �� ' � —J (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: �,z..� 1yC� .� -� v^_1� � j.-t- �� r�h2-� 5Q'c Property Identification Number (PIN)_ _�'� �� O 2 t-[ 1 i�DO �-- Legal description: �._ �il(.�,:,,,,� ���.{�o,,� ��c �I�, �7 � �. y �s �u� Lot Block � Tract/Addition �q,-�n /�14w�,T sQ��k�. Current zoning: ��� ��,,,.,��quare footage/acreage '(�(_, t �L� Sc.�. 7� Reason for variance and hazdship: . , ,� -� � ; , � , Hav�e yon�`operated a usiness m a c Yes °?� No If yes, If yes, what type of business? �S�ecti of C�ty Code: i�which-re"quirec�a business license? which city? f--rJd _� ,^ � ., vJas that license ever denied or revoked? Yes Ivo .�� FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee NAME_� ' -� C ADDRESS � r� � ,.� , � L` , SIGNATURE � ..�_,,.,...r...., � NAME r � ADDRESS _ `� � � � SIGIVA' URE _ must sign this form prior to processing) �_ _ -T- ��i - — DAYTIME PHONE %p�-%�OD PETITIONER INFORMATION Fee: $100.00 �_ Permit VAR # 9� n�-i Application received by: �l Scheduled Appeals Commiss Scheduled City Council date: 0 � .TE � /� -%� YTIME PHONE ��3— 72°j� DATE 2. l ^ � S $ 60.00 ✓ for residential propeities �_�. Receipt # _ � �/ 15.05 ���Sr�,,�s t �+°� 610 I ( � l ( � ) � ( +�) ��� � c�� VAR ��95-03 Nordquist Sign City of Spring Lake Park 77th Avenue N_E. s�o ��� ��A� c7"�� (4) ( �) i�) ��� l�I ��� ��� l�) (�1 7647 ��� (��) 6T0 ( 4 ! �� ��� (�} ��1 � (�) E-- SIT c �_ � ��� ��, c�� Lpric Lane c�� c�'°� � c�� c�� t�� c�� � ' � �eo c,� � �"� � c�+°� I �' �ro � � c �� , c� 7536 ( s�) �� �� t� i� i�� �� � I u) z; a u Tempo 2errace � c'�� c�� � o � � 7563 v 7542 � • � `d �?q ! ( ) � � `�, � � �� t 7�7J t �) ( �ii�l t 1 '_' �� s� � ( l ��� �7�� ��� � 74�6 �7� � 4�' �7+l,�90� � 444 � �7l�99� � 7514 '7�T� tKl �N� ��� (��) ' �P�Ody I,aIIC : _ ,.. _�Ve _ � I�` . . The petitioner and fee owner of the property known as 7590 Lyric Lane NE have submitted a variance request for the purpose of replacing an existing wood letter sign with lighted cabinet signs. LOCATION MAP 15" � 51/2" �—� T-t/2" 6 3/8" 31/4" � 6 3/8" 31/4" � 6 3/8" � 6'-r-- 3 i/2" � VAR �95-03 Nordquist Sign --- ----7'-0" --------- � - ----- -� - 2 2�' � 470.15 � � TYPE f FKAME W/'L" KETAIP PTD i0 MATCH TENL VINYL #4107 WHITE H.I. ACRYLIC FACE ♦ WMNYL Vi'f #4107 BKGD 5/F ILLUM. WALL SIGN SCALE: 1/2" - 1'-0" QTY 2 51ZE: 7`-1/2" H X T-O" L FiZAME: TYPE I GOLOR: PTD. TO MATCH TEAL VPT #4107 FACE: 3/16" WHITE H.I. ACtZYLIC GRAPHICS METHOD: YINYL MASK ARTWORK: ON FILE ILLUM.: (8) 84" H.O. LAMPS (2) 3782 ELEC. LOAD: 120V. 6.6 APPROX. AMPS POSTS: N/A MOUNTING: DIRECT ON WALL LOGO AND COPY TO ILLUM. WHfTE 21" WIDE STRIPE PURPLE VT #4106 REtAINER PORTION P'fD. TC MATGH PURPLE YT #4106 �s.os SIGN ELEVATION CITY OF FRIDLEY APPEALS COMMISSION MEETING, MARCH 14� 1995 CALL TO ORDER• Chairperson Savage called the March 24, 1995, App s Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Diane Savage, Lar Kuechle, Ken Vos, Cathy Smith Members Absent: Carol Others Present: Sco Hickok, Planning Coordinator M' ele McPherson, Planning Assistant ackie Jedlicki, Fridley Convalescent Home Steve Hirtz, Nordquist Sign Company APPROVAL OF ARY 31 1995 APPEALS COMMISSION MINUTE : MOTION Ms. Smith, seconded by Mr. Kuechle, to approve the Janua 31, 1995, Appeals Commission minutes as written. f A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON SAVAGE DECLARED MOTION CARRIED IINANIMOII3LY. l. PUBLIC HEARING• CONSIDERATION OF A VARIANCE RE4UEST VAR 95-03 BY NOR UIST SIGN COMPANY: Pursuant to Section 214.04.02.B of the Fridley City Code, increase the size of a wall sign from 3 square feet to 49 square feet at Fridley Convalescent Home, on Lot 1, Block Maple Manor Addition, except the Easterly 184.45 feet, generally located at 7590 Lyric Lane N.E., Fridley, Minnesota. MOTION by Mr. Kuechle, seconded by Ms. Smith, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYR, CHAIRPERSON SAVAGB DECLARED THE MOTION CARRIED AND THE PQBLIC HEARING OPEN AT 7:33 P.M. E3•7 1, Ms. McPherson stated the request is for a variance to the wall sign requirements in the R-1, Single Family District. The petitioner is representing Fridley Convalescent Home which is located at 7590 Lyric Lane. The subject parcel extends to the.�_ intersection of Madison Street and Lyric Lane. Located to th� north of the subject parcel is the Fridley Medical Center and Iocated to the west is Unity Hospital. Located south of the subject parcel is an R-1, Single Family District. There is R-3, General Multiply Family District zoni�g, to the north and east of the subject parcel. 15.09 APPEALS COMMISSION ME�TING. MARCH I4, 1995 PAGE 2 Ms. McPherson stated the request is to allow two 49 square foot wall signs. The first is to be located on the west face of the building and the second to be loca�ed on the north face. Again, Lyric Lane runs along the south edge of the parcel with single family zoning to the south. Ms. McPherson stated, in 1965, the City issued a special use permit for the construction of the convalescent home. Convalescent homes, hospitals, clinics, nursing homes and homes for the elderly are all special uses in the R-1, Single Family District. In 1970, the City issued two sign permits which allowed two 23 square foot signs in the same location that the petitioner is proposing to locate the new signs. These signs are comprised of unlit, individual letters each being one foot tall. In doing research regarding the sign code and reviewing the address file, it was unclear to staff how the permits were issued since the sign code at that time did not permit wall signs of that size in a residential district of that size. Additional permits for the building were issued in 1982 and 1991. In 1985, the City approved a special use permit to allow for a parking lot expansion on the site. Ms. McPherson stated the request is to increase the maximum square footage of a wall sign in an R-1 district from 3 square feet to 49 square feet. The signs as proposed by the petitioner will be 7 feet x 7 feet and will be lit. These are basically cabinet signs. Ms. McPherson stated, prior to granting a variance from the literal provisions of the sign code, there are four conditions that should be met by the applicant, as follows: 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. Ms. McPherson stated the property is zoned R-1, Single Family Dwelling. The use as a convalescent home is a special use in the R-1 district. The residential district sign code regulates sizes and setbacks in the R-1 district. Wall signs as defined by the sign code in the R-1 district can be a maximum of three square feet in area. The R-1 district does not recognize alternative special uses within the R-1 district. Therefore, the variance as requested would be necessary as the use is unique as compared to a single family home. Ms. McPherson stated the petitioner has the alter�ative o�=``-�` pursuing an institutional sign of 32 square feet in area. This would be a free standing sign which could be located ten feet from any property line or driveway. The most logical location for such a sign would be along the frontage of Madison Street where it could be visible from the main traffic flow from the 15.10 f �` _ �_. APPEALS COMMISSION MEETING, MARCH 14, 1995 PAGE 3 clinic and hospital. This option, however, would have greater impact on the surrounding residential properties than the proposed wall signs. b. That the variance is necessary for the preservation and enjoyment of a substantiaZ property right possessed by other property in the same vicinity and district, but which is denied to the property in question. Ms. McPherson stated, in order to identify the convalescent home, a sign larger than three square feet is necessary. The building measures approximately 97 feet x 250 feet. Three square feet of signage would be dwarfed by the building. It would serve to identify 7590 and not be able to identify Fridley Convalescent Home. If the convalescent home were located in the CR-1, General Office District, as is the medical ciinic to the north, the standard wall sign formula could be used, which is equal to the square root of the wall length times 15. Using that calcu�ation, approximately 128 square feet of signage would be permitted along the north wall and 140 square feet of signage would be permitted along the west wall. The variance as requested by the petitioner is within the guidelines of the CR-1, General Office District, regulations. If the property were zoned general office, the variance would not be required. This request is similar in nature to the Insurance Mart variance on Highway 65. In that instance, an office use was located in the R-3, General Multiple Family District, which was a permitted use at the time the building was constructed. Variances for a pylon and wall signs were granted to the Insurance Mart complying with the CR-1, General Office District reguiations. c. That the strict application of the chapter would constitute an unnecessary hardship. Ms. McPherson stated strict application of the regulations would limit the petitioner to three square feet of signage which is very limited. In addition, it clearly indicates in Section 214.09 of the R-1 District sign code that the three square feet for a sign applies to dwellings. 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. Ms. McPherson stated the petitioner is proposing to locate the signs on the west and north faces of the building which is away ��r�-� from the single family and multiple family structures to the -��-°-�- south and east. While the signs are lit, they would not adversely impact the residentiaZ districts. If the CR-1 District were used as a guide, the requested square footage is within that which would be permitted in that district. 15.11 APPEALS COMMISSION MEETING MARCH 14 1995 PAGE 4 Ms. McPherson stated staff recommends that the Appeals Commission recommend approval of the request to the City Council with the following siipulatzon: 1. The variance shall remain in effect until: a. The signs are altered in any way except for routine maintenance, and change oF messages which makes the signs less in compliance with the chapter than it was before the alteration. b. The supporting structure of the signs is replaced or remodeled. c. The face of the signs is replaced or remodeled. d. The signs become dilapidated or damaged, and the cost of bringing them into compliance is more than 50� of the value of said signs, at which time all of the signs and their structures must be removed. e. Notwithstanding sub-paragraph (a) above, the name of the business being changed on the signs. Ms. Savage asked if it was correct that the petitioner would not need a variance in an R-1 district for a free standing, 32 square foot institutional sign. Ms. McPherson stated this was correct. An institutional sign is defined as a sign which is permitted in all districts to identify a public or private institution includinq churches, schools, hospitals, and medical clinics. Ms. Savage asked for additionaZ comments from the petitioner. Ms. Jedlicki stated she had no additional comments. She thought overall the signage would decrease from what is there now. The signs would not be intruding on the residential property to the south because the signs would be to the west and north. Ms. Savage asked if there had been any opposition to the request. Ms. Jedlicki stated she had received no calls. Ms. Savage asked if the new signs wouZd be in the same place. Ms. Jedlicki stated yes, but the signs would not be as long. Ms. Savage asked why they felt it necessary to have a different sign. r-- Ms. Jedlicki stated the new signs would reflect the current �;�--- � ownership of the nursing home, will feature the corporate logo, and wi11 be lighted to make it easier for people to see the sign. Dr. Vos asked if the sign was to be a backlit sign. 15.12 APPEALS COMMISSION MEETING MARCH 14 1995 PAGE 5 Mr. Hirtz stated the sign would be illuminated from the interior. The sign is about 10 inches in depth. MOTION by Mr. Kuechle, seconded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AY$, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:45 P.M. Dr. Vos stated he thought this was a reasonable request given taking off the signs on the wall and the sensitivity to the neighbors to the south through the location of the sign. The request satisfies the conditions of the sign code. He would support the request. Ms. Savage agreed. She normally does not recommend a sign variance. This is a unique situatian and property. She did not see how it would have an adverse impact on the neighborhood. The signage does not face the single family or multiple family dwellings. The request is reasonable. Mr. Kuechle and Ms. Smith concurred. Dr. Vos asked the petitioners if the stipulations were a concern. Ms. Jedlicki and Mr. Hirtz stated they had not seen the stipulation. Mr. Hickok stated the stipulation states, in essence, they can keep the sign but if there are any changes in the name or logo, the City would then require a new variance. Ms. Jedlicki asked, if the signs were damaged due to weather, would they need to reapply. Ms. McPherson stated this would be required if the cost to repair would be more than 50o.of the value of the sign. Mr. Kuechle stated these are standard requirements used almost anywhere. Ms. McPherson stated this particular section of the sign code is written to deal with nonconforming signs. The City Council has taken the position that just because they have granted a variance does not mean that in the future they do not want to look at it again. These provisions provide the opportunity for that to occu�. Dr. Vos stated this seems more restrictive than some of the other requests. 15.13 APPEALS COMMISSION MEETING, MARCH 14, 1995 PAGE 6 MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend approval of Variance Request, VAR #95-03, by Nordquist Sign Company to increase the size of a wall sign from 3 square feet to 49 square feet at Fridley Convalescent Home, on Lot 1, Block 1, Maple Manor Addition, except the Easterly 184.45 feet, generally located at 7590 Lyric Lane N.E., Fridley, Minnesota, with the following stipulation: 1. The variance shall remain in effect until: a. The signs are altered in any way except for routine maintenance, and change of inessages which makes the signs less in compliance with the chapter than it was before the alteration. b. The supporting structure of the signs is replaced or remodeled. c. The face of the signs is replaced or remodeled. d. The signs become dilapidated or damaged, and the cost of bringing them into compliance is more than 50� of the value of said signs, at which time all of the signs and their structures must be removed. e. Notwithstanding sub-paragraph (a) above, the name of the business being changed on the signs. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the City Council would consider this request at their meeting of April 10. 2. UPDATE ON PLANNING COMMISSION AND COUNCIL ACTIONS Ms. McPherson provided an update on Planning Commission and Ci Council actions. ADJOURNMENT• MOTION by Mr. Kuechle, seconded by Dr. Vos, adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE HAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE 14, 1995� APPEALS COMMISSION MEETING ADJOURNED AT 7:55 . Respectfully submit��d, � Lavonn ooper � Re ding Secretary 15.14 DESCRIPTION OF REQUEST: The petitioner requests a variance to reduce the side yazd setback for an attached accessory structure from 4 feet down to 3 feet. If approved, the variance request would allow construction of a 9 foot addition on to an existing attached 12 foot by 30 foot single car garage. SUMMARY OF ISSUES: This request is common in the community as a number of dwellings with attached single car garages exist in Fridley. The code, in fact, was changed to accommodate these expansions. The adjacent property owner to the north has written a letter opposing the variance request. The neighbor is concerned with drainage and lack of snow storage. Alternatives: 1. Construct an addition of 8 feet without a variance. 2. Construct a detached second accessory structure in the rear yard. RECOI��V�NDED ACTION: If the Council approves the request, staff recommends the following stipulation: The north wall of the addition shall be one hour fire rated with no openings. The overhang shall not exceed 12". APPEALS COMIVIISSION AGTION: ,.:�.. The Appeals Commission voted 2:1 to recomrriend approval of the request to the City Council, with the stipulation noted above. � s.� � Petition For: Location of Property: Legal Description of Property: Size: Topography; Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: 66570 2ND STREET SIDE YARD SETBACK VARiANCE REPORT PROJECT DETAILS Variance request to reduce the sideyard setback for an attached gazage from 4' to 3' 6570 - 2nd Street Lot 8, Block 2, Rice Creek Plaza South Addition 80 x 136.28 Urban, but sloping from east to west Sod, trees, typical suburban R 1, Single Family Dwelling Connected 2nd Street Pedestrian Access: N/A Engineering Issues: N/A Site Planning Tssues: DEVELOPMENT SITE Section 205.04.B.(2).(b) requires a setback of 4 feet for an addition to an existing attached single car garage. The public purpose served by this requirement is to allow the expansion of single car garages while maintaining a minimum distance between structures. This. �i�s�in limiting crowding conditions in a residential district. 2 � 6.�2 The petitioner is requesiing a variance to reduce the side yard setback for an attached garage from 4 feet to 3 feet. Located on the subject parcel is a single family dwelling wut with an attached single car garage. The structure was constructed in 1958. To the rear of the garage is a screened in porch. The property has a topograpt�ic change from east to west, such that the lower level of the dwelling unit is a walk-out. Located on either side of the subject parcel are single farnily dwelling units. The petitioner purposes a 9 foot addition to the existing single car garage. Located on the property to the north is a single family dwelling unit with an attached single car garage facing the proposed addition. Located along the common property line is a variety of veg�ation The code pemuts an expansion of an attached single car garage down to 3 feet if the following conditions are met: 1. The house on the adjacent lot is locate�i 10 fcet from the iot line. 2. A two car garage on the adjacent lot is located 5 fcet from the lot line. The petitioner could construct an 8 foot addition without a variance request. The property owner to the north has written the attached letter opposing the variance request. The neighbor, in her letter, points out that the petitione� has the option conshucting a detached second accessory structure in the rear yard. This option is viable for the petitioner, it would require the petitioner to apply for a special use pernut. The variance is within previousiy granted variances. If the Appeals Commission choases to approve the request, staff recommends the following stipulations: Petitioner shall provide an expanded hardsurface driveway by October 1, 1995. 2. The north wall of the addition shall be one hour fire rated with no openings. The overhang shall not exceed 12". WEST: souTx: EAST: NORTH: Comprehensive Planning Issues: Pubiic Commen�s: None ADJACENT SITES Zoning: R-3, General Mulriple Family Zoning: R 1, Single Family Zoning: R 1, Single Family Zoning: R 1, Single Family � Use: Multiple Family Use: Single Family Use: Single Family Use: Single Family Letter received from neighbor to the north, 6700 - 2nd Stre�t, expressing opposition to the request. As a r�sult of the Appeals Commission discussion, staff re-reviewed the site swvey for 6700 - 2nd Street (attached). From the s�wey, it appears that the property owner could consaud a 10 foot addition to their garage without a variance. 16.03 3-13-95 City of Fridley 6431 University Ave N.E. Fridley, Minnesota 55432 . To whom it may concern; I am writing in re�ards to the reguest for variance at 6570 N.E. 2nd St. I am not in favor for this variance, and I have not given approval, nor has anyone associated with me given ap�roval on this. The existing side yards between the two homes are quite small, and as you look over the entire neighborhood all the property between the homes is quite limited. I would not have a problem with the double garage built in the back of the lot, but up in front it would be very close. Also, would there be any room for a overhang if he wants this variance? Z understand the overhang can not be less than 3 feet from the property line. Furthermore, the driveway would probably have to be widened to accommadate the enlarged garage, and perhaps the removal of 3 bushes that are there now, which would leave very little space between their (widened) driveway, and my already widened driveway. In other words there could be alot of asphalt driveway, with Ii�ited space between for snow removal. Fridley has been my home for 31 years, and I have been very proud of this neighborhood. I would like to think I have a voice in envoking my rights and protecting my property. Si rely, . eanette Yli n 6700 2nd St. N.E. Fridley, MN. 55432 CC: Steve Hosch i 16.04 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: � S'%O � "i� S?,��'�T N.� � Property Identification Number (PIN) �/� `�3 4-� 07 ¢- B� 3- O 0 2� Legal description: � Lot � Block v2- TracdAddition ��G� C��k' P4R2R SovT� Current zoning: �- ��S�'= � L Square footage/acreage ��, s9 %� Reason for variance and hardship: wavLp � i�r� T o�xvan+n GA�R6E t„��rH�nl _ 3 FGE r p� Lor L�N� Fo�. � Mc�E c�..►�r_T►a.va� �.o�� �-r Section of City Code: 'l�i�-.Cx, .�: )� ��O 1 '�f,4vE N�/�Hd'O/P.'S /�E.PMiSSi d/J� � ����G���� � Have you operated a busmess m a city which required a business license . �� `�' ' Yes No _� If yes, which city? U� �`�"'� '�'�K� 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 processing) NAME �T�d�fl�it/ ?'. hIOS�C�I � NLl qN/V -/�1 AQ�L� �lOSC� ADDRESS �i S�'i ' n � n�./� dc'T.�.� �'7 �/ �- -- l�� i3O L E y'' DAYTIlvIE PHONE 3 3 3'�0 5,3 3 SIGNATURE ^ _ ���-:a--�-�, DATE 3���`J.� PETITIONER INFORMATION NAME ST� V�' /-� OsG jv� ADDRESS �`D�'i d��!� �7`2�'�'T N� r ��2��t E y'' DAYTIlviE PHONE 3.3 �- (D S� .� � SIGNATURE "T_ "' DATE 3� �9', S Fee: $100.00 $ 60.00 �/ for residential pro_per6es Permit VAR # ��� Di Receipt.# ��S Application received by: Scheduled Appeals Commission date: � 9.i' Scheduled City Council date: 16.05 VAR 4�95-05 Stephen Hosch - --- -- , � � � '�\ t � � ( � 2� ( �� 1 � �67gp� (�) t�) !� 1 ( t� 1 (�t ) ( t� 1 t67gp� ( �1 ��� I e Creek Terrace � � � � ;;�y � ��,� c�) i 10 180 190 � ��� � (�' G�S�e bTil t�' '6) ttl j (}7) �2/) ���� ��a1"`� ���� � ��) � ib�) � ��� � (i1) ��� ��� ( ' � � s� ) � �� � �1 � l�) (�) ��! f�� � K � ``j, 6'iti 67f0 � �� � �S'' ( � ) ��� �6•1Ip� t47) tµ1 ��s� ye�ye (�� 670� � � 6'�S ��� ��� ( u ) ��� � �� � � !4 � � �' � CENERAL LOCATlON OF � N ? � � THE PROPOSED VARlANCE � (n) �i0 W-- �20p� ��p� t�) l�) ��� � �� � . ! (�) t�) w ��� � z (�t� a a� F-+ �i t�� C 2 ��� � � t1I �j, �� ii 4 q ) I � �� ,=f:-`.� ts) �' �g : (..n) tpl . . �r...,.:....:....: cu___l � The property owner of 6570 2nd street N.E. has�requested a setback variance. The owner would like to reduce the setback of and addition to an attached single car garage from 4 feet to 3 feet. t�) tn) ! � T -- - 1s.os LOCATION MAP �` �� ►' _� i _ Ty�� �� � � .� � .� . /� -�'' ► ' �►�� !��► ,:' ♦ � ; o s ,��, ��� . �� �� � ��� ��� �� � � �� . � � s� ':i •� ♦ �� .I • '�� . ������ ���� � . ■ ._������ _ ::;`i � � �.µ. � . ,_� VAR �195-OS Stephen Hosch w - � ,:r� � I : '., � ;J � �, _ '� ,, ,� �t`�p��� , a � `♦ �� �0` +�AY ��;;or , a ti . ,���9. R /� t� ,� , � S, .�, / � , �, � ,. ^� ,P.,.� �+ 1 / �1 �f � .s d B� � �y � 9 ` I �V x ' Z ' � �. ' � � � ��L�' ' � 5 / �, I `� � I � 1 _a�` - � �° 2 .9 : -� B r'`� � ' . � � .� � � . I � \ ; `` J . r-- 't' _ * \ . �� ` \�`. � � / l�. 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MUITIP�E OWG'S 0 PU� PLANNEO UNIT OEV. % � z // Z4 * 3 j S/. %/ � ❑ � j � ^� q-� MOBILE NpME P�PR S-1 NYOE P�IIK NEICN80NNOOG ❑ 9 /j (V L '•,• ••,`• 4Au C� p PUBLIC FACIL�TIES ❑ $-1 REOEYELOPMENT DISTNICT � /O �J 0 /� j/ � ��• • ••E C-1 LOC�I 9US�NE55 � O-1 CNEER f NIVEN VNESEAV�TION � �� � /S 20 'Z �./j�• �.�jL�� C-2 GENERA� BUSINESS � p-2 CRIi1C�L 11RE• O �1 7 iY �L /1 N 9 •.u• Q•�•�• C-] GEMEN�I SNOYPING � . i- • V �q J3 g f' �a /O •y�: (n '•�• C-R1 GENEN�L OFFICE ❑ Y11C�TE0 STREETS �I s.o7 ZpNiNG MAP� VAR 4195—OS Stephen Hosch r1VIINDER ��TGII��E�t:�TG CO.,I�NC. �' . ENGf NEERS AND SUR�/EYORS ,��NO �vavev�NO _ - _ SOiLS TESaTtNO ,;`_€- IC1VtL 8r. MUNICIAAL ENOINEERINO,. - • I.ANOfPt..I►NNINO ,641$ SGTM AV.ENI�E N ', , � � "'� � - - .— s ' tVZzµ �'',�`'�'h���� I 1J11NNEAPoltS 't`2'f.�M1NN �:= �#�" > �-��'" . ' .i , r ys., -�°•�? KE ? 3637 � `,} d • , � a , � �'�t s•. ��?fa _ � � ,..:a 4i 1 � '' 1 �r '" � 'i;rl€ yc.i, r'=t rt `�� :;ra � .3r�i�� y;�-'i',�� c,��'^'�� ,. , � • y i �.:��{�^��.� � � �:�� .��,'���" �������dz���+ ���� ,;..:a „�'� ' w . . - _ � ` '_�� , �,.a �or: >; ! ;,-� t; � - t ; � � �� �, C�� �� J� N N so,ti�� �oN _ _� �� a 1 e I u= 30�' ,� : F_ . . . . � . -_ . � . , .. � .. . � .. i?-,. . � . - �.. �.... ` . .: . _ -. : - , �: . -. � -. _ :.. . . . - . �. .. . _. . � . �. ..:. - _ _ .. .. � . .:. � ..-' . . - . � _.. :..� �' �':� ._ . . � .- -.:. _ . _ , - . . , . - . '�,-.� �.1 { ( , - t � - ; 3. .: f ;�. � --- o�posed Addition � � i Existing Porch �, _. ti ,. : �, - ; � - :; � T � � i - � ._ � -_ , � �� � . �_i ,% �• +ian y J, � 0 � � w � � �---- � Lj `._�i �- -. i li i � c; ,y ./J•1 _- i O I � � 7 .`9- .pf 8, biOG� �Z � Q; �� G1'�u� ��c�Z.a 5 �auf�l ��c:�i.i'i4r� EBY CERTIFY THAi THIS iS ATRUE.MIO,.CORREGT REPRESEN'LI�TtOki OFA St?RYEY OF THE, BOUN�ARIES,�, 30YE DESGRIBED ANO OFTHE LOGATION. OF, i�t.�.. BUtLbINC�S, (F �Y., THEREON , AT1� Al.l Yt518LE ENtROACHM FROM OR ON SNIO LAND. . nM�p_ER ���,�EERlNG CO., lNC.. . --___ _ J„ l.� .t..o i5s �1.:. _.:::-�'-:.-�-._.._�. y...::::. _ M . ' � 6'°$ SITE PLAN VAR i�95-OS Stephen Hosch � MINDER ENGINEERING CO.,INC. ENGI NEERS AND SUR�/EYORS LANO 3lJQVEYINO CIVIL 8�, MVNICiPAL ENOIN£EQING SOIL, TESTINO LANO Pt�ANNINO , 6418-SGT" AVENVE N. %��a ;- MiWNEAPOt�S 7f, MINN. � . -% _!' � '� � KE T- 3G37 � ' ' � � - �C�!'��d�e���i�t �� �S �q�`►�!• ��� � - a � �, .� �. / I � ! 1 , i �; s� 3 I ;; � ? , .,��� . _ --�----_-- -� � `�" / ,� ;. . / �., �'• � i� ,� . . �,;' `=-' ..� � L- L. "; �f .� � • � Y , i ' -'i i / i e� N� j 1 , i_�, �t� �- ��r �; ���; :� i 1 � � : � :� , � 1 i�, �; � . � f.. � � -� � �' , `1, � ~ � i, � 1t _ � ` � �----------- � .. r _ . _,��0 _ ,f� '--- Z� � �_ _.��_��. . �,� • . z¢ f , � �l : \`. � i� � . . �a; . i � � +. .: , } �, w . . :.� ., , � i� �� y � � i q � � �` \` ` "� � � . �'► �.` ���' `y – i: —•-i � � : _ ;, N —�3y 1�:... _=---____.�----_.:� �g . }1 � � r H -� i % � � �- `' t� , . ��.— � � � . _ `. i ,�._.JT �� .� L�/:-. �� J�'%�.� L.��7�;lt`.-^ � ���C:./i •..ili..'! !' .`•�p�J WE MERE6Y CERTIFY THAT THIS IS w T'RlIE MIO GORRECT RFPRESENTnTiOAI OF A SURVEY OF THE BOl)NOARIES OF 7HE 1.l1N0 A80YE OESCRIBEO ANO OF7NE LOCATION OF Al.l. BUllD1N6S� !F lWY, T►1EREON , ANO ALL V1S16LE ENCQOACHMENTS, �F „N,r, FaoM oRaN SND U1ND. MiNDER ENGINEERING CO., INC. ONTEO TN15 ONYOF �u- ' �-hS%� EN6tNgERS ANp StfQYEYOfLS � /• - .1 _ � / lf � �-. %�:�.-��.-- (� ���° - - 1 ���� � � c�, APPEALS COMMISSION MEETING MARCH 28 1995 PAGE 4 UPON A VOICE VOTE, ALL VOTING AYE, VICB-C$AIRPERSON RIIE LE DECLARED THE MOTION CARRiED AND THE PIIHLIC HEARING CIA D AT 7:53 P.M. MoTTON by Dr. Vos, seconded by Ms. Smith, to acce into the public record the March 24, 1994, letter from M. Emil Menard regarding this request. IIPON A VOICE VOTE, ALL VOTING AYS, VICE- RPERSON KUECHLE DECLARED THE MOTION CARRIED IINANIMOIISLY. Dr. Vos stated the request is for a fr nt yard setback encroachment. His experience is tha , if you are going to do that and ask for a variance, there st be a hardship whether it be the lay of the front yard, a c ner lot or somethinq to say that this is the only way we can ake a two car garage or an expansion. The first public p ose is to allow parking, which the petitianer still may have The second purpose is the Iine of site encroachment into the ighbor's front yard. This request is to go 10 feet forward a the neighbor to the south has a bedroom. If there was no other option except to go out the front, he would approve e request, but he was not goi.ng to vote for the request. Ms. Smith agreed. S e sympathizes with the petitioner and realizes it makes s nse. In driving down that street, all the houses line up on oth sides of the street. She would have a difficult time a roving this variance request and then not approving if ot ers on the street came in with a similar request. Mr. Kuechle MOTION by . Vos, seconded by Ms. Smith, to recommend denial of Variance equest, VAR #95-04, by Michael Panning, to reduce the front y d setback from 35 feet to 28.4 feet to allow an addition to a g age, on Lot 14, Block 8, Christie Addition, generally locat at 6351 Quincy Street N.E., FridZey, Minnesota. A VOICE VOTE, ALL VOTING AYE, VICE-CH.AIRPERSON RIIECHI�E RED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the variance request would be considered by the City Council on April 10. 2- PUBLIC HEARING:``CONSIDERATION'OF'A`VARIANCE REOUEST VAR�, #95-05 , BY STEPHEN Hn��'`H�. _: ` ' Pursuant to Section 205:�&�=.-«E�5.B. (2j .(b) .(1) of the Fridley City Code, to reduce the setback of an addition to an attached single car garaqe from 4 feet to 3 feet, on Lot 8, Block 2, Rice Creek Plaz,�► S.outh Addition, generally located at 6570 -2nd Street N.E., Frldley, MN 16.10 APPEALS COMMISSION MEETING MARCH 28 1995 PAGE 5 MOTION by Dr. Vos, seconded by Ms. Smith, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICB-CSAIRPERSON RIJECHLE DECLARED THE MOTION CARRIED AND THE POBLIC HEARING OPEN AT 7:58 P.M. � Ms. McPherson stated the request is located at 6570 - 2nd Street N.E. The property is north of Mississippi Street and northwest behind the Holly Shopping Center. The property is zoned R-1, Single Family Dwelling, and there is additional R-1 zoning on all sides of the subject parcel. Ms. McPherson stated the petitioner is proposing to construct a 9-foot addition onto an existing 12 foot x 30 foot single car attached garage. There is approximately 12 feet between the existing garage wall and the property line to the north. The code does permit an expansion of an attached single car garage down to 3 feet if the following conditions are met: 1. 2. The house on the adjacent parcel is located 10 feet from the lot line. A two-car garage located on the adjacent lot is located 5 feet from the 1ot line. Ms. McPherson stated the property ta the north is a single family dwelling unit with an attached single car garage which is located more than 5 feet from the lot line. The conditions met by the petitioner's request would permit an addition of 8 feet without a variance. The code would allow the setback to be reduced down to 4 feet as opposed to the typical 5-foot setback. The property owner to the north submitted a letter objecting to the variance request. The petitioner has an option of constructing an 8-foot wide addition or pursuing a second accessory structure in the rear yard which would require a special use permit as opposed to a variance reguest. Ms. McPherson stated this request is within previously granted variances. Staff does not have a recommendation to the Appeals Commission. However, if the Appeals Commission chooses to approve the request, staff recommends the following stipulations: 1. 2. Petitioner shall provide an expanded hard surface driveway by October 1, i995. The north wall of the addition shall be one hour fire rated with no openings. The overhang shall not exceed 12 inches. Dr. Vos asked how far the single car garage to the north is from the lot line. 16.11 APPEALS COMMISSION MEETING MARCH 28 1995 PAGE 6 Ms. McPherson stated that information was not available in the address file. Dr. Vos stated, as he understands it, the property to the north has a single car garage. If that person wanted to build a double garage, would the granting of this variance preclude them from ever building a two-car garage? If one person is within 4 feet on one side, there needs to be a certain width for fire. Ms. McPherson stated the code states that typically accessory buildings and structures in side yards are not to be closer than 5 feet; however, single car attached garages may be expanded down to 3 feet if the following conditions are met - the house is loeated at least 10 feet from the lot line or a double car garage which is located at least 5 feet from the lot line. Granting this variance would eliminate the first option of the property owner to the north which would be 3 feet. Ms. McPherson stated the second set of conditions is that the setback for an addition to an attached single car garage may be reduced to 4 feet from the lot line if the following conditions are met - a single car garage which is at least 4 feet from the common line or a house with a double garage, or a double car garage at least four feet from the lot line. The intent of the code is to maintain a minimwn of 8 feet between structures as opposed to what would typically required for today's construction of 10 feet. Dr. Vos stated, if the Agpeals Commission grants the variance down to 3 feet, the neighbor to the north cannot build any closer than 5 feet in order to keep the 8-foot distance. This does have an impact. If both go to 4 feet, neither would be here. Mr. Kuechle stated the 3-foot distance is at the front corner of the garage. The lot is not square. What is the distance at the back of the garage? Ms. McPherson stated the distance from the lot line at the rear of the garage is approximately 5 feet. Mr. Hosch stated the garage is currently 20 feet deep with a breezeway behind it. They plan to convert the breezeway into a kitchen along with other remodelling. When adding the new bay to the garage, they would like to extend it 30 feet to the back of the house to keep the back wall consistent. If the addition is limited to 8 feet, this would make it very di;��?�ult to open the doors. Nine feet would make it more functioii�i`'io bring cars into the garage. The other issue is the lot. The lot is not square. It is only the first 10 feet or so of the addition that wbuld require a variance. The driveway is already a two-car wide driveway. The construction would be a one-hour fire wall �6.�2 APPEALS COMMISSION MEETING MARCH 28 1995 PAGE 7 addition. There would be no windows, and the garage would be insulated. The plans already meet the stipulations. Ms. Smith stated she was perpZexed as to the letter from the neighbor indicating that you want to widen your driveway more. Mr. Hosch stated he also did not understand. The driveway is more than two cars wide and there is no reason to widen the driveway further. The snow removal or storage would not change. There are a few bushes and a trees there. If there were any issues, those could be removed. There has never been a problem with snow removal and there would be no change. Dr. Vos stated the petitioner had mentioned something about the breezeway. He asked where the kitchen would be located. Mr. Hosch stated the existing garage has a breezeway. The garage is 20 feet with a 10-foot breezeway behind it. The addition to the garage would be one bay 30 feet lonq. Nine feet would make the garage more functional. He wanted to keep the addition in line with the character of the neighborhood and keep it in line with the existing wall. Dr. Vos asked if 8 feet would not meet what he wants to do. Mr. Hosch stated 8 feet would be very tight. He has full size cars which would make it very tight. With a truck, it would be very difficult to pull ahead. He wanted to make the addition functional for a standard vehicle. Ms. Smith asked the distance from the back of the garage to the property line. Mr. Hosch stated he did not know. He would have to run a tape or find the stakes to find that out. The lot is wider toward the back. Dr. Vos asked where the fire hydrant was located. Mr. Hosch stated the fire hydrant is on his property by the driveway. The driveway will not change or affect the hydrant. Ms. Ylinen stated she was the neighbor to the north. She thought Dr. Vos made a valid point that, if she were to build an addition also, she may not have enough room to do so. She is looking at retirement living dow�-tYae road. If a young couple were to Purchase the property,°`���y would like to do improvements also and it would not be possible. Mr. Kuechle asked the size of the garage on her property. 16.13 APPEALS COMMISSION MEETING, MARCH 28, 1995 PAGE 8 Ms. Ylinen stated her garage is the same as Mr. Hosch's garage. The room to expand is also the same. Dr. Vos asked why the lot line runs at an angle. Ms. Ylinen stated the lot line is at an angle. There is a hedge put in by the first owners along the property line. That goes from about where the garage starts all the way to the back of the lot. As �uch as she understands without a survey, that hedge was to have been put on the property line. Dr. Vos stated it looks as though there are other lots that do not have straight lot lines. Ms. Ylinen stated, when she purchased the property, it was described as a pie-shaped lot. Dr. Vos stated, if the lot line would have run as it should, the petitioner would have no difficulty with the garage. Ms. Ylinen stated, as far as sh� knows, the homes are about the same throughout the neighborhood. The width between the homes seems to be pretty standard when driving through the neighborhood. There are a lot of winding streets so the lots are at odd angles. MOTION by Dr. Vos, seconded by Ms. Smith, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRP$RSON xIIECHLE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CL03ED AT 8:15 P.M. MOTION by Ms. Smith, seconded by Dr. Vos, to accept into the public record the March 13, 1995, letter from Ms. Jeanette Ylinen regarding this variance request. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED IINANIMOIISLY. � Dr. Vos sta.ted he thought this was difficult. The addition would enhance the neighborhood because there would be a two-car garage. It would enhance the property. It seems like a reasonable request. The diificulty he has is that, anytime a variance that one gets impacts the ability of an adjacent property, he has _�.. _ concerns. The decision has more impact on the neighbor than �_,- -�-saying it is too close. If the petitioner is granted the •- ��- variance, the property owner to the north automatically has to go through special conditions in order to build a two-car garage that will function. He has difficulty in giving a variance to one neighbor but denying to another. One option is to build an 16.14 f k. APPEALS COMMISSION MEETING� MARCH 28, 1995 PAGE 9 addition of 8 feet without a variance. Another option, which he does not recommend, is to build somewhere else on the property. Based on this, he would approve an addition to 8 feet but then the petitioner does not need a variance. Ms. Smith agreed that this is difficult. She would be inclined to vote for approval. She understands that this leaves the neighbor to the north with some difficult options. She sees a hardship here and sees the property owner could run the addition at an angle which does not make sense. Putting on a one-foot variance still meets the spirit of the code and still leaves an option for the neighbor. Although she had a hard time with the request, she would be inclined to vote for approval. Mr. Kuechle stated he would be inclined to vote for approval. Reducing the setback by one foot does put the neighbor into the position to ask for a variance but it does not preclude them from getting one. They could be denied the variance but, if the Appeals Commission were going to deny this request, the Commission would be doing the same thing. By approving, the Appeals Commission is setting a precedent for the neighbor to the north. The Commission is not denying the person to the north fair use of their property. He realizes that visually this will be tight, but he thought the alternative of putting on less than a 9-ioot addition is also tough. A 21-foot garage is not excessive. He would be inclined to recommend approval. MOTION by Ms. Smith, seconded by Mr. Kuechle, to recommend approval of Variance Request, VAR #95-05, by Stephen Hosch, to reduce the setback of an addition to an attached single car garage from 4 feet to 3 feet, on Lot 8, Block 2, Rice Creek Plaza South Addition, generally located at 6570 - 2nd Street N.E., Fridley, Minnesota, with the following stipulation: l. The north wall of the addition shall be one hour fire rated with no openings. The overhand shall not exceed 12 inches. UPON A VOICE VOTE, WITH MS. SMITH AND MR. RIIECHLE VOTING AYE AND DR. VOS VOTiNG NAY, VICE-CHAIRPERSON KUECHLE DECLARED THS MOTION CARRIED BY MAJORITY VOTE. Ms. McPherson stated this request would be considered by the City Council on April 10. ADJOURNMENT MOTION by Dr. Vos, seconded by Ms. S' , to adjourn the meeting. UPON A VOICE VOTE, ALL VOTIN , VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARR AND THE MARCH 28, 1995� APPEALS COMMISSION MEETiNG RNEp ,�j�' .,�,i,�3 �,'.M. 16.15 I U � i Community Development Department PLA►�V�VING DIVISION DATE; Apri15, 1995 City of Fridley TO: William W. Burns, City Manager � , � FROM: Barbara Dacy, Community Deveiopment Director Scott I-i'ickok, Planning Coordinator Lisa Campbell, Planning Assc�ciate SUBJECT: Council Action: Consideration of Addendum II ofthe Lease Agre�.ment between the City of Fridley and Recycle 1Vfinnesota Resources, Inc. Council Review of Plastics Recycling Fee On March 6, 1995, Council reviewed the City's piastic recycling policy and practices. Currently, plastics are not included as an acceptable item in the curbside reccycling progra,m. Residents may, however, take their necked plastic i�ottles to the Recycling Center and pay a fee of 5 cents per pound. Upon review of this policy, Council detern�ined that the City woutd monitor tocal market conditions for necked plastic bottles. Should the local market value of plastic improve significantly, Council may decide to add necked plastic bottles to the curbside recycling program. Council's Direction: City Pays Ptastics Recycling Fee The Council also deternnned that the City would begin paying the per pound fee for recycling necked plastic bottles at the Recycling Center. This change in policy necessitates an addendum to the .current Lease Agreement with Recycle 1Viinnesota Resources. The attached addendum formalizes this policy change. It allows the Contractor to invoice the City for the per pound fee and allows the City to pay this fee. Features of the Addendum Significant features of the addendum inciude: 1. A November 1, 1995 termination date 2. A two year extension upon muti�ai• agreement 3. A thirty day (34) notice for cause 4. A one hundred and eighty day (180) notice for all other reasons 5. Billing shall include pounds per month recycled, rate per pound, weight slips, and identification of end market. 17.01 William VV. Burns April 5, 1995 Page 2 Staff Recommendation: The addendum is necessary to formalize the Council's desire to pay the recycling fee at the Recycling Center. Staff recommends that Council approve the addendum and authortze the Mayor and the City Manager to execute the addendum. If you have any questions, please feel free to contact Lisa at Extension #594. LC:da 17.02 M-95-210 ADDENDUM II TO LEASE AGREEMENT This agreement is made this day of , 1995, by and between the City of Fridley (the City) and Recycle Iviinnesota Resources, Inc. (the Contractor), and is made part of the lease agreement dated October 7, 1991, between these two parties. l. This Lease Agreement between the City and the Contractor expires November 1, 1995 with an additional two year extension of the Lease granted, upon mutual ageement of both parties. 2. The Lease Agreement may be ternunated for cause upon either party giving the other party a thirty (30) day notice. In a11 other instances, the Lease Agreement may be terminated by either party upon a one hundred and eighty day (180) written notice (Article VIII). 3. The Contractor charges a per pound fee to recycle necked plastic botttes. Currently, users of the recycling center pay this fee. 4, Effective April 1, 1995, the City shall pay the per pound fee to recycle necked plastic bottles on behalf of users of the site. 5. The Contractor shall submit a monthly invoice to the City for payment of the per pound fee for recycling necked plastic bottles. The monthly invoice shall include the number of pounds recycled, the per pound rate and weight stips documenting the pounds identified within the invoice. The Contractor shall identify the end market for all invoiced necked plastic bottles on the invoice. 6. The City shali pay the invoice within thirty days. This addendum to the Lease Agreement constitutes a full understanding and agreement of both parties regarding payment of the per pound fee for necked plastic bottles at the leased premises. CITY OF FRIDLEY RECYCLE MINNESOTA RESOURCES, INC. : _: : 17.03