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05/06/1996 - 4851� i: �' CI7YOf FRlpl.f.Y FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Mar�day, May 6, 1996 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER � rr Ff � �,- � 3 � '!�� Z v/� J��'r ti � `�- �y �} � �� c L ' G'L� 1 ' � � � J' " 4 !i. � /G:: � l� � �� i� ' � � � r � � � � � i- 1,�' � �� - � �'='�� - � " � 'E � ��',� i � .. � ;��; � � Gc �.- .�,' E� l / i C� C to ;' ,:; /v( , � � � .; f� . ,. �,:: t G � `,; ` "r 11 fr � �r F�r.� �� 1�� (,�� ` t�L�� '�' C`��L 1�,�� ! /5:�. -� � r�j �� <<-_ ---�`� G : , � �ZIZ � E� c�� u� ��:> e 'f-j (.� `�`-�= i{- �' t-C — �,� _� �..� " - �; . ; ��: � � ,�-.�;ti-, , %�l /,� �= ,v �U/��./ �,�� ; � � � �'"'/ ti ;'C- l� /,;�.� Z % h% �v �. D E�ci �v�9 /`G9,�2 c �—' �� 1 V �1 ., , l � � S°'�J � /_/ � �' , � � l,(� ' ,� V ./ "Z'� � � CffY OF FRIDLtY FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexi orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individua(s w disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpre or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: LEGISLATIVE UPDATE: Senator ponald Betzold APPROVAL OF MINUTES: Continuation of Board of Review Meeting of April 22, 1996 City Council Meeting of April 22, 1996 FRIDLEY CITY COUNCIL MEETING OF MAY 6, 9996 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Approve Flood Hazard Mitigation Grant Agreement with the State of Minnesota, Department of Natural Resources; and, Approve Contract with Short, Elliott, Hendrickson, Inc. (SEH) to Complete the l�llississippi River Flood Elevation Study (Tabled April 22, 1996) . . . . . . . . . . . . . . . . . . 1.01 - 1.13 NEW BUSINESS: First Reading of an Ordinance Amending Chapter 114 of the Fridley City Code, Regarding the Abatement of Junk or Unsafe Vehicles on Private Property . . . . . . . . . . . . 2.01 - 2.07 First Reading of an Ordinance Amending Chapter 128 of the Fridley City Code, Regarding the Release of Abated Property and the Abatement of Same or Similar Violations on Private Property . . . . . . . . . . . . . . . . . 3.01 - 3.02 Resolution Calling for the Advertisement for Bids for the Well No. 12 Water Treatment Plant Project No. 293 . . . . . . . . . . . . . . . 4.0'1 - 4.04 ` FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 Page 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI: Resolution Ordering Final Plans and Estimates of Costs Thereof: 1996 Street Improvement Project No. ST. 1996 - 1 & 2 . . . . . . . : . . . : . . . . . . . . . . . . . . . . . . . 5.01 - 5.03 Resolution Ordering Improvement, Approval of Plans and Specifications and Ordering Advertisement for Bids: _ Street Improvement Project No. ST. 1996 - 10 (Sealcoat) . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.05 Resolution Ordering Improvement, Approval of Plans and Specifications and Ordering Advertisement for Bids: Street Improvement Project No. ST. 1996 - 11 (Slurry Seal) . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.03 Resolution Indemnifying and Holding Harmless the State of Minnesota for Actions Arising from the Granting of a Variance on S.A.P. 127-310-04 (Cheri Lane - Fillmore Street) (Street Improvement Project No. 1993 - 2) . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.03 FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 Page 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED�, Resolution Authorizing the Transfer of $1,000,000 from the Closed Bond Fund to the Capital Improvement Fund in Order to Fund Park improvements . . . . . . . . . . . . . . . . . . . 9.01 - 9.02 Appointment: City Employee . . . . . . . . . . . . . . . . . . . 10.01 Claims .................................... 11.01 Licenses ................................. 12.01-12.09 Estimates ................................. 13.01 FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 Page 5 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) NEW BUSINESS: First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #96-01, by Imperial Homes, Inc., Generally Located at 1435 Royal Oak Court N. E. ) (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.01 - 14.03 Reconsideration of Special Use Permit, SP #80-06, (Waiving Stipulation) by Jerome Christenson, Generally Located at 6260 Starlite Boulevard N. E. (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.01 - 15.15 r Resolution Supporting the Continued Operation of Columbia lce Arena by Anoka County .................................. 16.01 � � � , FRtDLEY CITY COUNCIL MEETING OF MAY 6, 1996 Page 6 NEW BUSINESS (CONTINUED� Informai Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 ADJOURN: � FRIDLEY CITY COUNCIL MEETING OF MAY 6, 1996 � „; ��' � _��'". � CiNOF FRIDLEY Tl�e City of Fridley wil( not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, ereed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation �vitl be provided to a{low individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons witl� disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at ieast one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE: LEGISLATIVE UPDATE: Senator ponald Betzold „ �/,�_,z.,,1..... -.,� - �.� � APPROVAL OF MINUTES: Continuation of Board of Review Meeting of April 22, 1996 �.x.. � d,�-t .�{ G�.� �`Ly �.-=�..wi�'-� � City Council Meeting of April 22, 1996 !✓��,,�jf��-�r��` --� G�'z� �- �� f��..,c��Z�c..2--. / APPROVAL OF PROPOSED CONSENT AGENDA• OLD BUSINESS: Approve Flood Hazard Mitigation Grant Agreement with the State of Minnesota, Department of Natural Resources; and, Approve Contract with Short, Elliott, Hendrickson, Inc. (SEH) to Complete the Mississippi River Flood Elevation Study (Tabled April 22, 1996) .... 1.01 - 1.13 �.�.`��.'_`_.�---- NEW BUSINESS: First Reading of an Ordinance Amending Chapter 114 of the F�idley City Code, Regarding the Abatement of Junk or Unsafe Vehicles on Private Property . . . . . . . . . . . . . . . . . . . . 2.01 - 2.07 G��Y� . NEW BUSINESSICONTINUEDL First Reading of an Ordinance Amending Chapter 128 of the Fridley City Code, Regarding the Release of Abated Property and the Abatement of Same or Similar Violations on Private Property ... 3.01 - 3.02 � �� Resolution Calling for the Advertisement for Bids for the Well No. 12 Water Treatment Plant Project No. 293 . 4.01 - 4.04 Le._�.�i�L° �� , Resolution Ordering Final Plans and Estimates of Costs Thereof. 1996 Street Improvement Project N.o. ST. 1996-1 &2 .. .. . . .. . . . . . . . . . 5.01 -5.03 �,�.�-C d�.. Resolution Ordering Improvement, Approval of Plans and Specifications and Ordering Advertisement for Bids: Street Improvement Project No. ST. 1996 -10 (Sealcoat) . . . . . . . . . . 6.01 - 6.05 o- _�e�� , Resolution Orde�ing Improvement, Approval of Plans and Specifications and Ordering Advertisement for Bids_ Street Improvement Project No. ST. 1996 -11 (Slurry Seal) . . . . . . . . 7.01 - 7.03 �� APPROVAL OF PROPOSED CONSENT AGENDA- NEW BUSINESS (CONTINUED,� Resolution lndemnifying and Holdi�g Harmiess the State of Minnesota for Actions Arising from the Granting of a Variance on S.A.P. 127-310-04 (Cheri Lane - Fillmo�e Street) (Street Imp�ovement Project No. 1993 - 2) . . . . . . . . . . 8.01 - 8.03 �� `�� Resolution Authorizing the Transfer of �1,000,000 from the Closed Bond Fund to the Capital fmprovement Fund in Order to Fund Park Improvements .... 9.01 - 9.02 ,�.��`��.r� �� , , Appointment: City Employee . . . . 10.01 Claims . . .��'�'�"'?!`°�� 11.07 - .�`''�-�--�—_' Licenses . . . . . . . . . . . . . . . . . . . 12.01 - 12.09 Estimates . . . . . . . . . . . . . . . . . 13.01 ADOPTION OF AGENDA: � � � . �e c� G�2�- � �� G� � � OPEN FORUM. VISITORS: (Consideration of ltems not on Agend - ti5 Minutes)` � ��' ��e�`-,.,�' - �- = ��"`/ljv�c'``� � �� O.�-' �� l� � ,� o ��, . � �� NEW BUSINESS: First Reading of an Ordinance Under Section 12.07 of the City Cha�ter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #96-01, by (mperial Homes, Inc., Generally Located at 1435 Royal Oak Court N.E.) (Ward 2 � . . .�. 14. 1 - 1 �,�� " � � �..� � �--°�c-- ,�'`-�. . �- . �. �.,c�" � � ,,,�.�..,-- ..��,�.�. --�,- �- . �- Reconsideration of Special se � �`� �� Permit, SP #80-06, (Waiving Stipulation) • by Jerome Christenson, Generally Located at 6260 Sta�lite Boulevard N.E. (Ward1) ...�........... 15.01-15.15 �i�'�`° Resolution Su�porting the Continued Operation of Columbia !ce Arena by Anoka County ..................... 16.01 ��;� �� . Informal Status Reports . . . . . . . . . . . . . . . 17.09 � L3��- - � s7 .� �''° G ADJOURN: �; Z-�,�� THE MINUTES OF THE CONTINLTED BQ�1FtD OF REYIEA MEETING OF APRIL 22, 1996 The Continued Board of Review Meeting was called to order by Mayor Nee at 7:50 p.m. MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings Councilman Schneider, Councilwoman Bolkcom and MEMBERS ABSENT: None MOTION by Councilwoman Jorgenson to reopen the Board of Review Meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Ed Hervin, City Assessor, stated that one case was presented at the last meeting on April 8 and continued to this meeting. He stated that staff has prepared a brief review of the property and conducted a study of four comparable properties that were sold in the City. He stated that, based on the analysis, he felt the value of $92,500 for this property was justified. Ms. Arlene Andrea, representative from Anoka County Assessor's Office, was also present to answer any questions. Mr. Don Crispin, 6820 Oakley Drive, stated that he measured the size of his home, and the only good comparison is the home next door. He stated that this home sold for $83,400 and has 1,144 square feet. He stated that this home is 1,245 square feet, and one of his neiqhbor's home is 1,205 square feet. He stated that. the discrepancy seems to be the land value where there is a$2,000 difference in his value versus the property across the street. Mr. Crispin stated that he believed his argument should be with the school board, as they did not maintain the school property and dumped the costs on the taxpayers. He stated that he would have to go to the school board and enlighten them that maybe their management has slipped. He stated that he does find some small discrepancies with the comparisons done by the City staff. MOTION by Councilman Billings to concur with the value of $92,500 placed on the property at 6820 Oakley Drive. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to adjourn the meeting of the Board of Review. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the meeting of the Board of Review adjourned at 7:55 p.m. Respectfully submitted, Carole Haddad Recording Secretary . William J. Nee Mayor 0 . � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF APRIL 22, 1996 The Regular Meeting of the Fridley City Council was called to order by Mayor Pro Tem Jorgenson at 7:34 p.m. PLEDGE OF ALLEGIANCE: . Mayor Pro Tem Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. MEMBERS PRESENT: Mayor Pro Tem Jorgenson, Councilman Billings Councilman, Schneider, Councilwoman Bolkcom, and Mayor Nee (arrived at 7:45 p.m.) MEMBERS ABSENT: None PROCLAMATION: BUDDY POPPY DAY, MAY 17, 1996: Mayor Pro Tem Jorgenson read this proclamation, which was issued by Mayor Nee, procl�.iming May 17, 1996 as Buddy Poppy Day in the City. She urged residents to recognize the merits of this cause by contributing through the purchase of buddy poppies. Mr. Stan Kowalski, Jr. Vice Commander of the Fridley VFW Post 363, stated that the least the citizens can do is support Buddy Poppy Day so those that have been injured in the service of their country can stand tall. Mr. Kowalski introduced Maxine Nystrom, Associate Chairman of the Fridley VFW Auxiliary Post 363, and Buddy Poppy Queen, Amy Krochuck. LEGISLATIVE UPDATE - SENATOR STEVE NOVAK: Senator Steve Novak presented a brief legislative update to Council. He stated that he was involved in a major change in the energy tax policy which will lead to a several million dollar investment to use a by-product of the refinery and to provide a clean burn. He stated that the law has been revised, and there is a$124,000,000 investment for the use and conversion of various types of agricultural crops for energy production. Senator Novak stated that the legislature passed laws that increased minimum wage and incorporated the concept of a livable wage where the state would give assistance to private businesses for expansion. He stated that although the minimum wage law was vetoed, the concept of a livable wage became law. He stated that FRIDLEY CITY COUNCIL MEETING OF P.PRIL 22, 1996 PAGE 2 there were also bills for summer youth employment and transitional housing which were passed. Senator Novak stated that there was a$400,000 appropriation to allow the National Sports Center to purchase additional land for expansion and upgrades. Ftiinds were also appropriated for the expansion of the Anoka Ramsey Community college facility. He stated that the City of Mounds View owns a science facility in northern Minnesota that is used extensively by school children.� Funds were allocated for repairs, but it was a line item which was vetoed. Senator Novak stated that the major piece of legislation that had been substantially reviewed by policy makers involved major revamping of the tax for schools and budget reforms for switching from the property tax to a sales tax. At this time, 7:45 p.m., Mayor Nee arrived at the meeting. Senator Novak thanked Council for their attention and stated that he looked forward to working with them in the future. Councilman Schneider stated that Anoka County is choosing to sell Columbia Arena partially due to the National Sports Center. He asked if there was a possibility of the state providing funding for residents in southern Anoka County. Mr. Novak stated that Council might have followed the discussions regarding the so-called "mighty ducks" proposal which led to monies available for building ice rinks in the state. He stated �hat a specific proposal brought forward could possibly fit into that context. He stated that the National Sports Center in Blaine is a huge success, and the state made a commitment that the facility should operate in the black. He state� that it was designed for multi-purpose sports activities and teams from high school, colleges, and even professionals can use the facility . He stated that it is accessible to the general citizenry for a nominal fee and is quite user friendly. He stated that there is an opportunity to secure land adjacent to this facility for major expansion to provide Anoka County with a magnificent amateur sports facility. APPROVAL OF MINUTES: BOARD OF REVIEW MEETING OF APRIL 8, 1996: AND COUNCIL MEETING OF �,PRIL 8, 1996: MOTION by Councilwoman Jorgenson to approve the minutes of the Board of Review Meeting and the Council Meeting of April 8, 1996. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: PAGE 3 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 3, 1996• RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 3, 1996. 3. RESOLUTION N0. 30-1996 APPROVING A COMPREHENSIVE PLAN AMENDMENT, CPA #96-01, BY THE CITY OF FRIDLEY, FOR MODIFICATION OF THE LANGUAGE ADDING POLICY NO. 4 TO PAGE 6-5, CHAPTER 6, WATER, SEWER AND SOLID WASTE: Mr. Burns, City Manager, stated that this amendment would add a new policy statement to the Water, Sewer and Solid Waste portion of the City's Comprehensive Plan. He stated that the affect of this change would be to add language indicating the City's intent to adopt the National Urban Runoff Program and MPCA's runoff standards contained in their publication "Protecting Water Quality in Urban Areas." He stated that the items are to be adopted within the City's storm water management plan and land use controls. Mr. Burns stated that the non-point source pollution requirements had previously been adopted by ordinance on May 11, 1993, but they were not adopted as part of the City's Comprehensive Plan. He stated that the Comprehensive Plan was amended for The Home Depot rezoning in August, 1995. The Metropolitan Council asked that, in addition to reflecting the land use change in the plan the City also adopt the non-point source pollution policies within the Comprehensive Plan. He stated that staff recommends that Council concur with this change. 4. SPECIAL USE PERMIT, SP #96-03, BY WAYNE DAHL, TO ALLOW AN AUTOMATIC CHANGEABLE SIGN, GENERALLY LOCATED AT 7699 HIGHWAY 6 5 N. E. ( W.ARD 2): Mr. Burns, Cit� sign is to be stated that the and temperature requirements of feet allowed by Manager, stated that a time and temperature added to a new permanent detached sign. He code requires a special use permit for a time sign. He stated that this request meets the the sign code, as it is within the 80 square the code. Mr. Burns stated that the Planning Commission recommended approval of this special use permit with the stipulation that if, in the future, the applicant adds a changeable message in addition to the time and temperature, the message shall change FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 4 no more frequently than at fifteen minute intervals. He stated that staff recommends approval of this stipulation. GRP,NTED SPECIAL USE PERMIT, SP #96-03, WITH THE STIPULATION THP.T IF, IN THE FUTURE, THE APPLICANT ADDS A CIiANGEABLE MESSAGE IN ADDITION TO TIME AND TEMPERATURE, THE MESSAGE SHALL CHANGE NO MORE FREQUENTLY THAN AT FIFTEEN MINUTE INTERVALS. 5. RESOLUTION REQUESTING THE REDUCTION OF SPEED ON COUNTY HIGHWAY 132 (WARD 3): Mr. Burns, City Manager, stated that this resolution establishes Council's opinion that the current 50 mph speed limit on 85th Avenue west of Springbrook Drive is excessive. He stated that the resolution cites the safety of those using Springbrook Nature Center and the inconsistency of high speeds with the purposes of Springbrook Nature Center as the reasons for this opinion and requests that the speed on this portion of 85th Avenue be reduced to 40 mph. He stated that staff recommends the adoption of this resolution. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. RESOLUTION NO. 31-1996 IN SUPPORT OF A RENEWAL APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE CHURCH OF THE IMMACULATE CONCEPTION (KNIGHTS OF COLUMBUS HALL, 6831 HIGHWAY 65 N.E.( (WARD 2): Mr. Burns, City Manager, stated that this is an application for renewal of a Minnesota lawful gambling premise permit by the Church of the Immaculate Conception for bingo at the Knights of Columbus Hall, 6831 Highway 65. He stated that it is a two-year permit. The Police Department concurs with the renewal. ADOPTED RESOLUTION NO. 31-1996. 7. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated that the Parks Supervisor position was vacant as a result of the retirement of Curt Dahlberg. He stated that the position was advertised and seventeen applications were received, and five applicants were interviewed. Mr. Burns stated it is recommended that David Lindquist be appointed to the position of Parks Supervisor. He stated that Mr. Lindquist has been employed with Fridley as a parks maintenance worker since 1973. He stated that Mr. Lindquist has a BA in Business Management from Bethel College and is FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 5 enrolled at Hamline University for a MA in Public Administration. Mr. Burns outlined Mr. Lindquist's memberships in professional societies related to his field and stated that he is certified as a tree inspector and has a Minnesota non-commercial pesticides applicator license. He recommended Council's concurrence with this appointment. CONCURRED WITH THE APPOINTMENT OF DAVID LINDQUIST AS PARKS SUPERVISOR AT A SALARY OF $38,796.96 PER YEAR ($3,233.08 PER MONTH�, EFFECTIVE APRIL 23, 1996. 8. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 67554 THROUGH 67806, 9. LICENSES: THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLA.CED ON THE REGUI.,AR AGENDA. 10. ESTIMATES: . APPROVED THE ESTTMATES, AS SUBMITTED: Schield Construction Company 13604 Ferris Avenue South Apple Valley, MN 55124 Stonybrook Creek Bank Stabilization Project No. 246 Estimate No. 3 . . . . . . . . . . . . . . . $35, 990.77 Counczlwoman Jorgenson asked that the licenses be placed on the regular agenda. Councilwoman Bolkcom asked that Item 5 be placed on the regular agenda. No persons in the audience spoke regarding the consent agenda items. MOTION by Councilman Schneider to approve the consent agenda, with the exception of Items 5 and 9. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF �GENDA: MOTION by Councilman Schneider to adopt the agenda with the addition of Items 5 and 9 from the consent agenda. Seconded by FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 6 Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LEGISLATIVE UPDATE: SENATOR DON BETZOLD: Councilman Schneider stated he understood that Senator Betzold had a prior commitment and will be here later. OPEN FORUM, VISITORS: ROBERT ANDERSON, 6800 OAKLEY STREET: Mr. Anderson, 6800 Oakley Street, spoke regarding the proposal for an outside contractor to maintain the City vehicles and equipment. He stated that in the thirty years there has been a maintenance department in the City, there have been no complaints. He stated that the City has three of the most talented employees at the garage. He stated that the only way the City can save money is to go to a cheaper product. He questioned how the City can even think that a private contractor could do the job more economically. Councilman Schneider stated that the request for proposals for the maintenance work was not done because of complaints, but the City is merely investigating to determine if there was a more economical way of-providing the same kind of services with the same employees. He stated that the cost is very high to update the City garage. He stated that everyone is looking at ways to save money,, and he believes the City has to investigate those ways. He stated that there are many companies that can do the exact job and claim to do it cheaper. Mr. Anderson stated that there is not a company in the Twin Cities area that can do the repairs on pothole patchers. He stated that the only way to save money is to buy cheaper materials. He stated that this action by Council hurts, and he felt it was a low thing to do. Councilman Schneider stated that staff was asked to obtain proposals, and no one has seen any of the information. He stated that until the proposals are reviewed he could not respond. He stated that all he can say is that there are a number of companies that can do this job successfully. Councilwoman Jorgenson stated that Paul Lawrence, Superintendent of Public Works, has been reviewing the proposals. She stated that it is her understanding that the lowest bid is $100,000 over the cost for which the City can provide these services. Mr. Anderson stated that there are three employees very concerned about their jobs. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 7 Councilwoman Jorgenson stated that nothing has been decided and, from what she understands, she did not feel that there would be any problem. PUBLIC HEARINGS: 11. PUBLIC HEARING ON AN ORDTNANCE AMENDMENT TO CLASSIFY GRAVEL AND/OR DIRT DRIVEWAYS AS A NUISANCE AND PROHIBIT THEIR USE: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:17 p.m. Mr. Hickok, Planning Coordinator, stated that this amendment is to Chapter 110 of the City Code to require hard surface driveways. He stated that this is part of the City's overall effort to preserve neighborhoods. He stated that gravel, dirt, or unpaved driveways endanger the safety, health, comfort and repose of the public. He stated that deposits from these driveways obstruct City storm sewers and detention ponds and detract from the aesthetic character of the property. Mr, Hickok stated that gravel, dirt or unpaved driveways do not adequately define orderly parkir�g areas and allow unsightly ruts and ditches which can cause excessive spraying of gravel, dirt and dust on to neighboring properties. He stated that these driveways do not protect the environment from the seepage of vehicle fluids which can cause significant environmental health risks to the community. Mr. Hickok stated that there is a five-year compliance period, and a special assessment may be levied for five years at the rate of seven percent interest, with a$1,250 minimum and a five percent administration charge. He stated that senior citizens and disabled persons would be allowed a deferred assessment until the property is sold. He stated that residents may also apply for a home improvement loan at an interest rate of five percent or choose to have the hard surface driveway installed in conjunction with the City's yearly street improvement project. He stated that, in 1994, the prices for an asphalt driveway were $9.90 per yard and $26.40 per yard for concrete. Mr. Hickok stated that the Planning Commission reviewed this item and recommended approval only if the ordinance is amended to allow flexibility where it is not a public nuisance or where it creates a financial hardship. He stated �hat if thi.s ordinance is not amended, Council should consider performance standards for gravel driveways. Mr. Hickok stated that as a result of pubiic comment and input from the Planning Commission meeting, staff conducted a detailed review FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 8 of 21 unpaved driveways located throughout the City. He stated that in evaluating these parcels, a number of categories including existing driveway length, lot size and dimensions, topography features, the possible subdivision of the property, and current parking surfaces were recorded. He stated that the end result of these case studies was the development of possible exempt and non- exempt categories. He stated that of these 21 driveways, 16 would be partially or fully exempted. Mr. Hickok stated that conditions that were instrumental in categorizing a property as exempt include: (1) existing driveways which cross an excessive width of platted right-of-way or dedicated street easement or alley (not under the private property owner's control}; (2) properties that could be subdivided into two or more lots and paving the entire drive at this time may cause future conflicts with subdividing; (3) properties which would require a hard surface driveway in excess of 100 feet; and (4) properties which have driveways that access onto an unimproved alley. Mr. Hickok stated that conditions that would be attached to these exempt situations would include: (1) once the platted right-of-way or dedicated street is improved, a hard surface driveway shall be installed; (2) if the existing unpaved drive exceeds 100 feet, a minimum of 43 feet would be reqiiired to be paved. Of the 43 feet, 20 feet would provide a hard surface apron at the street and the remaining 23 feet would be placed on the property at the discretion of the homeow�er. For drives less than 100 feet, staff recommends a full hard surface drive; (3) parking of vehicles on an unpaved surface would be strictly prohibited. In accordance with the current City Code, all portions of the driveway must be maintained in an attractive, well kept condition; and (4) re-subdivision of the site would extinguish any hard surface drive exemption and require full pavement to be installed. Councilman Schneider asked if staff has contacted the 21 persons whose property was reviewed. Mr. Hickok stated that six of the 21 have been contacted so far, and a favorable response has been received. Mr. John Krall, 19 77th Way, stated that his home is located in an industrial zone, and he cannot improve his residence. He felt that the hard surface driveway was an improvement he would be forced to make, but he cannot make any other improvements such as a gazebo or deck. Mr. Hickok stated that this home would be considered a non- conforming use. Mr. Krall stated that as far as seepage of contaminants into the soil, it seems any oil leakage goes into the street anyway regardless if the driveway is paved or not. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 9 Mr. Hickok stated that a hard surface driveway will not retain 100 percent of any leakage, but it does contain some of the runoff and slows down the degradation of surface water quality. Mr. Krall stated that he would like to be contacted so that the City can look at his property. Mr. Ted Theilmann, 1540 Rice Creek Road, stated that he has a crushed rock driveway which is over 100 feet long. He stated that he also has a 25 feet by 50 feet parking area that has the same surface as the driveway. He stated that his driveway is adjacent to six 30 foot pine tree, two flower beds, and a rock garden. He felt that it would not add to the aesthetics of his property to install either an asphalt or concrete driveway and felt a hard surface driveway was not necessary in his situation. Councilman Schneider stated that in this case, the ordinance would only require a 20 foot apron plus an additional 23 feet of hard surface. Mr. Theilmann stated that he has a five foot apron now and does not see any of the gravel qoing into Rice Creek Road. Ms. Mary Matthews, 1259 Skywood Lane, stated that she has a similar situation to Mr. Theilmann. She stated that there is a five foot apron but a trouble spot where the drive and street meet as sewer flushing washes. dirt and rocks into the street. She stated that her rock driveway lends itself to the natural aesthetics, and this driveway material was suggested to both retain and provide drainage and to prevent runoff and erosion of the hill. Mr. Hickok stated that he had suggested to Ms. Matthews an asphalt base but an aggregate cover to obtain the look she wanted. He stated that this would qualify as a hard surface driveway because of the base. Ms . Matthews stated that she checked on the costs, and it is very expensive. She stated that she wanted to obtain the aesthetics, but she felt she could install an apron. She stated that she would appreciate Council giving consideration to her situation. Councilman Schneider stated that both Mr. Theilmann and Ms. Matthews addressed the aesthetic issue. He questioned if there was not some way to handle the unique aesthetic situations perhaps by an exemption. Councilwoman Bolkcom stated that everyone could probably come up with this same argument. Councilman Schneider stated that the reason these two driveways are gravel is for the aesthetics of the properties. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 10 Ms. Dorothy Miles, 1370 Rice Creek Road, stated that there is a perpetual easement for the driveway at 1400 Rice Creek Road. She stated that even though she is the owner, she does not use that driveway and would not want to pay for a hard surface. Mr. Hickok stated that this particular case would fall under the exemptions, as the neighboring property could be subdivided in the future. He stated that the driveway exceeds 100 feet and would qualify under the 43 foot provision. Ms. Ida Kasson, 1400 Rice Creek Road, stated that the question is who would pay for the hard surface driveway. Councilman Schneider stated that, legally, the owner of the property would pay for the hard surface driveway. Ms. Miles stated that there is a perpetual easement that she felt was forever, and she is not interested in installing a hard surface driveway. Mr. Knaak, City Attorney, stated that the two parties would have to agree to eliminate this perpetual easement, if they so desired. Ms. Michele Bush, 5060 Hughes Avenue, sta.ted that she has a paved driveway in the front and does not use the one in the back that faces Main Street. She stated that she wanted to make sure that they do not have to install a driveway in the back, as the area is fenced and sodded. She felt that staff should determine how many peopie do not have hard surface driveways. Mr. Hickok stated that their most recent survey indicated that there are about 340 residences that do not have hard surface driveways. He stated that many of those have installed a hard surface driveway so the number is probably closer to 250 out of 7,000 single family households. Councilwoman Bolkcom asked if Ms. Bush would be exempted because it is not being used as a driveway. Mr. Hickok stated that she would be exempted. Councilwoman Bolkcom stated that letters were sent to the residents who would be affected by this ordinance amendment. Mr. David Fox, 7231 East River Road, stated he wished to clarify that by the extension of Ashton Avenue, the homes from Ashton Avenue to SuperAmerica are exempt. Mr. Hickok stated that Ashton Avenue in the unimproved area would be exempt. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 11 Mr. Fox stated that since the road improvement on East River Road, he has pumped water out of his driveway all. spring. He stated that he had as much as twelve inches of standing water in his driveway. He stated that he has contacted the County, but has not received a response. Mr. Fox stated that at a Council meeting last year, residents were told the City would maintain the bike path. Only once all winter the path was open and the rest of the year the residents cleared it. He stated that the County only plowed East River Road to full width once this year. Councilwoman Bolkcom asked the Public Works Director, Mr. Flora, to check on this issue. Mr. Larry Pearson, 7450 Stinson Boulevard, stated that he has an older home, and it does not make sense to pave 43 feet because vehicles can still be parked in the other portion that is unpaved. He stated that if the City has a problem with certain driveways, this should be addressed rather than placing the burden on everyone. He stated that if a brick driveway was installed, any fluids would still seep through the bricks. Mr. Pierce stated that he wanted to build a garage, but now he is told he has to. have a hard surface driveway. He stated that he can see this being required for new construction, but he questioned what happened to the grandfather law. Councilman Billings stated that there is a requirement that if someone constructs a garage, they also needed to install a hard surface driveway. He stated that this has been in effect since 1969. He stated that it is now 25 years later, and the City is now asking residents to meet those same standards. He stated that it appears that this is a friendly "grandfathering" clause. Councilman Billings stated that 96 percent to the homes already conform to this ordinance, and the other four percent would be complying unless there are exemptions which would probably only amount to one percent. Mr. Darrel Madsen, 7191 East River Road, asked if Ashton Avenue would be paved to comply with this proposed ordinance amendment. Mr. Hickok stated that this is one of the exemptions, and there is no plan to pave Ashton Avenue. Mr. Madsen questioned how his mother-in-law's property at 7201 East River Road would be affected. Mr. Madsen was informed that staff will be investigating further. Ms. Joanne Fay, 729 Kimball Street, stated that she is the ownex of property at 7361-63 University Avenue and is concerned how this FRIDLEY CITY COUNCIL MEETiNG OF APRIL 22, 1996 PAGE 12 ordinance amendment affects shared driveways. She felt that this amendment was placing a burden on them to work with neighboring property owners to make the proper arrangements for a hard surface driveway. She stated that she has to negotiate with persons on either side to determine how the costs will be handled. She pointed out there are many driveways that have a hard surface but are in worse condition than gravel driveways because they are not maintained. Mayor Nee asked if there is not an agreement between the property owners for joint use of the driveway. Ms. Fay stated that if there was such an agreement, it was done before they purchased the property. Mayor Nee stated that it should be included in the title search. Mr. Hickok stated that this is a situation where the driveway is extremely long at 120 feet and would fall under the exemption standards. He stated that it would be subject to the 20 foot apron at the street, and each owner could determine how they wanted to handled their 23 feet additional paving behind the property. Mr. Kurt Barsness, 6581 Central Avenue, stated that he believed his property fell under the exemptions. He stated that his home is older and has a long driveway. Mr. Virgil Ishaug, 1640 Onondaga, stated �that he has a concrete drive with a gravel parking area adjacent. He questioned if he would be affected by this proposed ordinance amendment. Councilman Billings stated that he believed Mr. Ishaug would fall under an ordinance that states that any vehicles have to be parked on a hard surface. He advised Mr. Ishaug to contact the City's Code Enforcement Officer for clarification. Mr. Flora, Public Works Director, stated that it is not only the environment that needs protecting, but the health, safety, and welfare of the citizens. He stated that people complain about stones hitting the windows of their vehicles, a safety issue for pedestrians and cyclists that slip on the debris in the street. Debris is also being washed into the storm system causing a problem resulting in additional costs for cleaning and reduction of flow capacity. Mr. Knaak, City Attorney, stated that in regard to the shared driveway issues, it has not been stated that if there cannot be a resolution, the City can assess for a hard surface driveway. He stated that if there is a dispute, the City would have to determine how each parcel benefited so it ultimately would be a decision on the part of the City how the cost would be allocated. He stated FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 13 that he felt it might have been the concern of some that there was no way to resolve the issues, but there is resolution. Councilman Schneider stated that if someone has a 60 foot driveway that has to be paved, but if it was over 100 feet would only have to pave a portion, there might be some way they could get around this issue. He stated that from a public policy viewpoint, he did not know if it was wise to refer to a certain amount of footage. Councilman Billings stated that it raises another question on why the exemption because it is a long driveway. Councilman Schneider stated that the problem is that it is awkward that there is an exemption for a driveway over 100 feet, and for under 100 feet, a minimum of 43 feet has to be paved. Councilwoman Jorgenson stated that she would like for a certain number of feet to be paved from the curb back. Councilwoman Bolkcom stated that part of the whole issue is the parking of vehicles on a hard surface. She felt that this would not work, as only so many feet in front of the garaqe and so many feet from the curb would be paved. Councilwoman Jorgenson stated that the City already has an ordinance that vehicles must be parked on a hard surface, which is probably close to the garage, so that is already covered. Councilman Schneider suggested that staff come back with some proposals. Councilman Billings stated that some of these exemptions also qualify under the subdivision exemptions. He felt that a determin- ation should be made on which gravel driveways are a real problem and then review the issue. Ms. Dacy, Community Development Director, stated that she has several ideas to bring back for Council's review. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:44 p.m. 12. PUBLIC HEARING ON AN ORDINANCE AMENDMENT TO LIMIT HARD SURFACE DRIVEWAY OR PARKING STALL SURFACE MATERIAL TO NO MORE THAN 30 PERCENT OF THE CALCULATED FRONT YARD AREA IN R-1 AND R-2 DISTRICTS: Councilman Schneider stated that staff has requested this item be tabled to May 20. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 14 MOTION by Councilman Schneider to table this item to May 20,1996. Seconded by Councilman Biilings. Councilman Billings stated that if the public hearing is not opened, it would have to be re-advertised. He felt that it may be better to open the hearing and hear any comments, if someone wished to speak, and then continue the hearing to May 20. UPON A VOICE VOTE TAI�N ON THE ABOVE MOTION, all voted nay, and Mayor Nee declared the motion failed. MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:50 p.m. Mr. Kurt Barsness, 6581 Central Avenue, stated that some homes in the City have three car garages, and half the yards are covered with asphalt. He stated that they are pie shaped lots and did not know if they would meet the requirements of this ordinance. Mr. John Haluska, 5660 Arthur Street, stated that the thirty percent requirement may be hard to meet if somecne has a three car garage. _ Councilman Billings stated that the P.lanning Commission chose not to take action and requested additional information. MOTION by Councilman Billings to continue the public hearing to the meeting of May 20, 1996. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. PUBLIC HEARING ON AN ORDINANCE AMENDMENT TO INCLUDE PROVISIONS RELATED TO THE DEFINITION AND REMOVAL OF JUNK OR UNSAFE VEHICLES FROM PRIVATE PROPERTY: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 10:55 p.m. Mr. Hickok, Planning Coordinator, stated that the purpose of this ordinance amendment is to define junk/unsafe vehicles and the process for their removal from private property. He stated that the amendment includes a more detailed description of the criteria necessary to define a junk vehicle; additional definition of unsafe motor vehicles to include reference to State statutes; a de�inition of a motor vehicle; a detailed five-day notification and abatement process alonq with specific impound, reclaim and public sale FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 15 requirements; an aggrieved owner hearing process; and a one-year "sunset date" to allow for re-examination of the ordinance one year from its adoption. Mr. Hickok stated that the Planning Commission recommended,approval of this ordinance amendment. Councilman Schneider felt that under Section 114.02, 3d, the word "vital" should be added after the word "lacks." He also questioned an abandoned unsafe vehicle versus an abandoned safe vehicle. Mr. Hickok stated that this would be evaluated, but he felt it could be handled under current regulations. Councilman Schneider added portions are currently delineates ordinance is adopted. asked how it would be determined what the since there would be no underlining which the portions that have been added once the Mr. Hickok stated that staff would rely on the records. Councilwoman Bolkcom stated that she heard from one resident who wanted Council to make this ordinance as strong as possible. Councilwoman Bolkcom asked where a notice is sent if a car is parked at a residence but the owner of the vehicle does not live there? Mr. Hickok stated that it is a very difficult issue to pinpoint the vehicle's owner. He stated that the property owner and the last knoum vehicle owner would be notified. He stated that staff would work with the Police Department to find out who is the responsible party and make all the necessary notifications. Mr. John Haluska, 5660 Arthur Street, stated that his son has an abandoned motorcycle in his yard and asked if this would be towed under this ordinance. Councilwoman Jorgenson stated that it would if i� is left there for more than five days. No other persons in the audience spoke regarding this proposed ordinance amendment. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10:05 p.m. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 16 14. PUBLI-C HEARING ON AN ORDINANCE AMENDMENT PROHIBITING THE RETURN OF ABATED PROPERTY TO ITS ORIGINAL LOCATION IF IT CONTINUES TO BE IN VIOLATION OF CITY ORDINANCES: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 10:05 p.m. Mr. Hickok, Planning Coordinator, stated that this ordinance deals with the release of abated property. He stated that the amendment includes a release of property agreement to be signed before reclaiming any abated material and a provision which allows the City to abate same or similar violations from a location in which an abatement has already occurred. He stated that an abbreviated but reasonable notice period will still be required. No persons in the audience spoke regarding this proposed ordinance amendment. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10:08 p.m. 15. PUBLIC HEARING ON VACATION REQUEST, SAV #96-01, BY ROYAL OAKS REALTY, INC., TO VACATE A DRAINAGE AND UTILITY EASEMENT, GENERALLY I;OCATED AT 1435 ROYAL OF,K COURT N.E. (WARD 2): MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 10:09 p.m. Mr. Hickok, stated that this is a request to vacate a portion of an easement at 1435 Royal Oak Court N.E. He stated that in the development process, an area was described as an easement area that surrounded the wetland delineation for this site. He stated that this is part of Peck's Woods. As the developmPnt occurred there were two major concerns; the wetlands and the existing stand of oak trees. Mr. Hickok stated that this vacation is for a portion of a drainage and utility easement which surrounds a protected Type 3 wetland located in the northeast corner of the subject property. He stated that the vacation would essentially move the protected area of the wetland closer to the wetland edge. This easement was dedicated on the plat at the recommendation of the registered land surveyor and was based on a wetland delineation. He stated that the vacation of � FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE Z7 the easement would reduce the buffer to the wetland from 7 feet to approximately 1.5 feet. Mr. Hickok stated that the vacation is requested as a result of the petitioner designing a dwelling for a client which is larger than the buildable area on the lot when setbacks and easements are considered. He stated that the petitioner chose to begin construction at his own risk, but the affected foundation wall of the garage will not be constructed until the conclusion of the vacation process. Mr. Hickok stated that another option may be to cantilever the garage over the easement; however, the petitioner does not want to angle the foundation. Mr. Hickok stated that the Planning Commission recommended approval of this vacation request on a five to one vote. Councilman Schneider asked why staff recommended denial. Mr. Hickok stated that the home could have been designed to be constructed outside of that easemen� area, and it is the design that caused the encroachment. Councilman Schneider asked if the area that is proposed to be vacated is an arbitr.ary li.ne�that was drawn or if it was necessary to protect the wetlands. Mr. Hickok stated that it was an added safety area along the delineation line to protect the wetlands. � Councilman Schneider felt that the vacation could be reduced only to allow the garage to be constructed and to minimize the disruption of the protection of the wetlands. Mr. Hickok stated that this could be done, but it would need a very lengthy lot description. Councilman Billings asked if the person who cited the home was aware of the easement. Mr. Hickok stated that he believed this was the case as they picked the home and then found out later that it would not work to meet all the requirements. Councilman Billings asked when the City became aware that this was encroaching into the easement. Mr. Hickok stated that the builder, developer, and home owner asked if they could begin constructing the foundation and leave the garage as an open question depending on Council's action on the vacation. He stated that the petitioner knew the risks of beginning construction prior to Council action. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 18 Mr. Mike Black, Royal Oaks Realty, stated that the request is for vacation of a portion of the drainage easement. He stated that the easement was placed on the lot to protect the existing body of water adjacent to the property and protect the 100 year flood plain. He stated that Imperial Homes began working with the proposed home owners, Mr. and Mrs. Horeck, and they were aware of the restrictions originally placed on the property. He stated that all the criteria was met for a 100 year flood with no fill below the 953 elevation. He stated that, unfortunately, it was not until a permit was requested and the property was staked that it was discovered this property was six feet into the easement. Mr. Black stated that the easement was drawn as a pencil line in the area where it lies. Councilman Schneider asked if they needed the entire vacation or only part of it. Mr. Black stated that they only need a portion, but the easement line right now covers the entire area. He stated that the encroachment at its widest point is six feet; however, it could be modified. He stated that a straight line was drawn for a less complicated lot description. He stated that the vacation process was begun before construction started on the home. Councilman Schneider felt that it was a shady practice to begin construction and to get to the point where there is a substantial investment. He stated that the developer knew the rules, and now puts the Council in a spot where it is dif�icult to deny this vacation, and he resents it. � Mr. Black stated that he apologized, but there were in a time constraint to get the construction started. Mr. Horeck, the proposed homeowner, stated that when they applied for a building permit, the plan was to notch the back corner of the garage. He stated that they plan to have a workshop underneath the garage and have elderly parents who may live with them. He stated that they wished to have a wide stairway so that they could potentially put in a lift. He stated that the biggest inconveni- ence of having a notched corner is there may be a problem with wheelchair access. Mr. Horeck stated that he has contacted every one of his neighbors, and they had no objection. He has also contacted the three new neighbors. Mr. Horeck stated that the vacation would not disrupt the harmony of the pond, and they will retain all the foliage they possibly can around it. He stated that they wish to protect the pond and have no problem of a wider drainage easement. He stated that the biggest concern is to obtain the vacation for the portion of the FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 19 garage, as he believes it was an error in the first place, and the line is in the wrong place. Councilman Billings stated that he has a problem with the extensive width of the variance at the rear of the lot. He stated that he could support a delineation of an area 1 to 1-1/2 feet east of the east wall to 1 to 1-1/2 feet north of the north wall. He stated that the point was made that this easement line was an arbitrary line prepared by the surveyor. He stated that, at the same time, this is the line that the Council and neighbors were told would be upheld. He stated that, with that in mind, if the Council chase to deny the vacation, nothing more is being asked of the developer than what the Council was told in the first place. Mr. John Haluska, 5660 Arthur Street, stated that he was not included in the mailing. He stated that he would certainly hope Council would not approve this vacation. He stated that Council went through negotiations with this builder and had assurances from the builder on what a fine project this would be, and they would abide by every rule and regulation. He stated that if this vacation is approved, Council is rewarding ignorance and probably some deceit. He stated that he cannot believe the gall they have to come before Council with some of the construction already completed. Mr. Haluska questioned if the home owner could cantilever his home over the street if Council approved the option to cantilever. He felt that the easement would have to remain in tact, as it serves as an important easement to protect that pond. He stated that �he is sure Mr. Horeck would be an excellent neighbor, but he could not support this vacation. He stated that this drainage easement mitigates non-point pollution problems, and if it is waived in this case, Council will receive other requests for a waiver. He stated that the developer had every option to design the home to fit the lot. Mr. Hickok stated that in response to Mr. Haluska's comment, the statutory requirement is for notification of persons within 350 feet from the project area. Mr. Reyes, 1479 N. Danube Road, stated that he and Mr. Haluska are of the belief that the City worked out strong agreements with the developer, the Planning Commission, and the EPA so that whatever delineation lines were set were accomplished. He stated that what he is hearing is that the surveyor made a mistake. He stated that the developer has an obligation to honor the agreements. Mr. Reyes stated that it is unfortunate this happened, but the construction of the house has proceeded almost interrupted. He felt that this was a pressure move on behalf of the developer. Mr. Reyes stated that the woods are no longer thick, and he felt that all the efforts of the residents and City should be honored in these agreements. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 20 Mr. Black stated that they are within all the stipulations originally placed on this property. Councilman Schneider stated that is untrue. He stated that there is a line for wetland delineation and not the drainage easement. Councilman Billings stated that in this particular case, they came to staft to apply for the building permit and, at that time, discussed the options. He stated that one of the options was to apply for the vacation, and there was another suggestion for cantilevering. He stated that he did not think they had proceeded and built the home without being given choices. He stated that the other element is that he doesn't know if the developer chose the footprint of the home. He stated that the person constructing the home indicated he would be somewhat flexible and felt that they were trying to be as open as possible under the circumstances. Mr. Haluska asked if building over the easement is the same as building on the easement. Mr. Knaak, City Attorney, stated that if there is an encroachment that impedes the public use for road purposes, that would impede the public purpose. He stated that in a conservation easement, it would be an encrcachment over the easement, and the question would be if the public purpose would be affected by this encroachment. He stated that in the conservation easement, there is a distinct possibility unless there is something that states otherwise, anything that encroaches over the easement is an encroachment. Mr. Rick Riemersma, Imperial Homes, stated that the plans they originally brought forward that show the encroachment on the drainage�easement has the corner of the garaqe cut off. He stated that the footing would be on an angle that matches the easement line. He stated that they proceeded with construction and applied for the vacation. He stated that regarding the issue of the cantilever, they went ahead with the plans, as approved by the Building Division, which included the cantilever. He stated that what they are doing at this point is trying to get the other 25 square feet with the easiest way being to draw a straight line to the back. Mr. Hickok stated that when they applied for the building permit, staff indicated this was not a favorable solution, and they should seek others. He stated that the Building Division contacted the Planning Department and stated that they were taking out a building permit and questioned the garage. He stated that the petitioners indicated they would not build a garage until a decision was made by Council on the vacation. He stated that a permit was issued for the house, and staff talked about the cantilever option. The Building Division stated that �he petitioner would leave the corner of the garage open. � �I i FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 21 MOTION by Councilman Schneider to grant vacation request, SAV - #96-01, to vacate a drainage and wetland easement on Lot 7, Block l, Totino Grace Addition, generally located at 1435 Royal Oak Court in such a manner that the vacation is one foot north of the north side of the garage and one foot east of the east side. of the garage. Further, that the developer will bring to staff the surveys and legal description. Seconded by Councilman Billings. Mr. Haluska stated that the easement is the property of the City and has value. He asked what compensation the City would receive if it is vacated for the private use. Councilman Billings stated that the City has not requested reimbursement in the past. He stated that if it was required in this particular case, he felt that the City would be found to be arbitrary and capricious. Councilwoman Bolkcom stated that she cannot support the motion. She felt that there was a commitment to the City. She felt that the City had to stand by it. Councilwoman Jorgenson stated that she has a problem with the way this was done. Councilman Schneider stated that this is a minor vacation, and he wondered if it would be in the best interests of the community to deny the vacation. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider voted in favor of the motion. Councilwoman Jorgenson, Councilwoman Boikcom, Councilman Billings, and Mayor Nee voted against the motion. Mayor Nee declared the MOTION FAILED. Ms. Dacy, Community Development Director, stated that the City Charter requires that the public hearing be closed, and the procedure has been to bring the ordinance back to the Council at the next meeting for a vote for or against the vacation. She stated that the Charter also requires a four-fifths vote to approve the vacation. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing closed at 11:10 p.m. Mrs. Horeck stated that they asked for 25 feet and c�uld not get it. She stated that she listened to all the rules and regulations, but none of the Council has to live with it. She stated that they only requested a small portion of the easement. She stated that this is a$350,000 home, and they would pay huge taxes. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 22 Councilwoman Bolkcom stated that she has to make a judgment that she feels in her conscience is important. She stated that she is very sorry they have gone this far, but that was not the reason she voted against the vacation. She stated that she felt she owes the people who attended all the hearings on this development. . Mr. Horeck asked if there could be further discussion. He stated that they followed all the proper procedures for the vacation. Councilman Billings stated that the first reading ordinance for this vacation will be on Council's agenda for the next meeting to either approve or disapprove. RECESS: Mayor Nee called a recess at 10:20 p.m. RECONVENED: Mayor Nee reconvened the meeting at 10:32 p.m. All members of the Council were present. OLD BUSINESS: 16. ORDINANCE N0. 1065 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #95-01, BY THE ROTTLUND COMPANY, INC., GENERALLY LOCATED SOUTH OF MIS5ISSIPPI STREET, WEST OF UNIVERSITY AVENUE, AND NORTH OF SATELLITE LANE) (WARD 1): Ms. Dacy, Community Development Director, stated that this is the second and final reading of an ordinance to rezone 14 acres to S-2 in the Southwest Quadrant of Mississippi Street and University Avenue to allow for a development by Rottlund �Homes. She stated that the development agreement has been reviewed and signed by the developer, the Chairman of the Housing and Redevelopment Authority and its Executive Director. Ms. Dacy stated that the developer agreed to all of the stipula- tions approved by Council but requested modification of Stipulation #15 regarding marketing the Village Homes on the west side of Third Street. She stated that the values were changed on the units, and there was an addition of wording that_the price limitations for the Village Homes shall expire the later of one year after building permits for the units are available or one year after the redeveloper has marketed the project describing the availability of the units, but no earlier than July 1, 1997. Ms. Dacy stated that the S-2 zoning is proposed on an approved development plan which is one of the stipulations of the rezoning approval. She stated that any changes must be approved by Council, the HRA and the Planning Commission. MOTION by Councilwoman Jorgenson to waive the reading and adopt Ordinance No. 1065 on the second reading and order publication, subject to the following stipulations: (1) Rottlund Homes, Inc. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 23 shall develop the property in conformance to the site plan dated February 26, 1996. The petitioner shall also comply with the stipulations of P.S. #95-01 and SAV #95-02; (2) the Mississippi Street/Third Street intersection shall be reconstructed in accordance with the design as generally depicted on the proposed site plan dated February 26, 1996 which may be'further detailed in a Joint Powers Agreement with Anoka County and the City, or amended by County or City staff. It is understood that the cost of construction of the improved intersection will be divided equally between the petitioner, Anoka County, the Fridley HRA, and the property owner of Holly Center. The petitioner sha11 obtain the appropriate permits for work within the Anoka County right-of-way; (3) Rottlund Homes, Inc. shall execute a landscape easement and maintenance agreement with RAO Manufacturing prior to grading the property. A copy of the agreement shall be submitted for staff approval prior to execution. The agreement sha11 require Rottlund to install an eight foot fence and coordinate grade elevations with RAO for proper drainage; (4) a$60,000 performance bond shall be submitted prior to the initiation of grading to insure installation and maintenance of the proposed landscaping as approved by the City Council. The performance bond shall remain in force through one growing season of vegetation. proposed in the plan; (5) the developer shall install the landscaping and fencing treatments as proposed on the plan dated February 27, 1996; (6) ornamental metal fencinq with alternating brick/stone columns shall be installed along University Avenue subject to the requirements of MnDOT, Minnegasco, and City staff; (7) Rottlund Homes, Inc. shall obtain any necessary permits from MnDOT regarding fencing, utilities, gradinq, or other issues; (8) the entry features shall be installed according to the plan prepared by Arteka dated April 20, 1995; (9) Rottlund Homes, Inc. shal� install the improvements in the public/private plaza as specified in the Public/Private Plaza/Park Area Revised Concept Plan dated February 27, 1996. Three additional benches shall be included in the plan; (10) aIl utility boxes or other minor accessory structure shall be properly screened with vegetation or decorative fencing, per the rules of the utility companies and the City of Fridley; (11) the petitioner shall install all light standards as shown on the site plan dated February 26, 1996 including the 25 foot NSP light standards. Additional single globe light standards shall be installed in the southeast part of the site for the attached units, depending on the photometric needs of the driveway areas. Pedestrian-height light standards (six feet) shall be installed through the plaza area; (12) the units shall be constructed in accordance with the architectt�ral plans dated February 29, 1996, or as amended by the HRA; (13) Vision 2000 windows or an equivalent approved by the City shall be installed in all units; (14) Rottlund Homes, Inc. shall enter into a development contract with the Fridley Housing and Redevelopment Authority and shall comply with all of its provisions; (15) at least one-third of the units on the west side of Third 5treet shall be specifically marketed to seniors at a value between $90,000 to $115,000 and shall be one-story in height. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 24 The remaining two-thirds shall be divided between $115,000 and $125,000 and $125,000 and above. The price limitations for the Village Homes shall expire the later of one year after building permits for the units are available or one year after the Redeveloper has marketed the project describing the availability of the units, but no earlier than July l, 1997; and (16) the units on the west side of Third Street (village homes) shall be constructed so as to avoid the same building elevation being constructed immediately adjacent to one another. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Jorgenson, Councilman Schneider, Councilwoman Bolkcom and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a four to one vote. 17. ORDINANCE N0. 1066 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST, SAV #95-02, BY THE ROTTLUND COMPANY, INC., GENERALLY LOCATED SOUTH OF MISSISSIPPI STREET, WEST OF UNIVERSITY AVENUE, AND NORTH OF SATELLITE LANE) (WARD 1}: MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 1066 on the second reading and order publication. Seconded by Councilwoman Boikcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. APPROVE CHANGE ORDER NO. 4 FOR LOCKE LAKE DAM RECONSTRUCTION PROJECT NO. 211 (TABLED APRIL 8, 1996) (WARD 3): Mayor Nee removed this item from the table. _ Mr. Flora, Public Works Director, stated that in finalizing the Locke Lake Dam project, an increase in concrete reinforcing steel placed in the dam structure was identified. He stated that this change order identifies an increase of 7, 493 pounds of steel at a cost of $4,121.15. MOTION by Councilwoman Jorgenson to authorize Change Order No. 4 for the Locke Lake Dam Reconstruction Project No. 211 with Lunda Construction Company in the amount of $4,121.15. Seconded by Councilman Billings. Upon a voice vote, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Mayor Nee voted in favor of the mation. Councilwoman Bolkcom abstained from voting on the motion. Mayor Nee declared the motion carried by a four to one vote. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 25 NEW BUSINESS: 19. SPECIAL USE PERMIT, SP #96-04, BY ROGER MOODY OF FRIENDLY CHEVROLET, TO ALLOW AUTOMOBILE AGENCIES SELLING OR DISPLAYING CLES IN PANSION, GENERALLY LOCATED AT 7501 HIGHWAY 65 NE. Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit to allow expansion of an automobile agency selling or displaying new and/or used vehicles. He stated that if this is approved, the petitioner would construct a 3,904 square foot, two-story addition to the existing showroom. He stated that this addition would allow the petitioner to remove the temporary trailer currently being used as office space. Mr. Hickok stated that the Planning Commission recommended approvaZ with staff's recommended stipulations, plus three additional stipulations, which Mr. Hickok outlined. He stated that the petitioner will be applying for a variance to the setback along the front of the property and a variance to curb and gutter along the north perimeter of the parking area. He stated that the petitioner is reluctant to install curb along the east perimeter of the parking area at this time since they are negotiating to purchase property to the east. He stated that in regard to the green space to the south, they believe that would eliminate fifty vehicle stalls and will be requesting a variance. Mr. Hickok stated that staff recommends approval of this special. use permit.with the eight stipulations. He stated that variance requests will be forthcoming on some of these it'ems. Mr. Woody, of Friendly Chevrolet, introduced Mr. Mike Klein who reviewed their request. Mr. Klein stated that as far as the front property line, they are requesting a variance of the setback not for the curb and gutter, He stated that the front property line has been established, historically, over time, and there is a 20 foot setback in front of the building. To the north and south of the building, the setback is only 12 feet. He stated that there is security fencing and lighting installed, and they would increase the landscaping. Mr. Klein stated that in regard to stipulation #2, they are requesting a variance on the curb and gutter along the north property line only and not on the west side. He stated that there have been encroachments on the property, and this may have affected the setbacks. Mr. Klein stated that the variance is also requested for the curbing on the south property line until a decision can be made on the accesses to the building. He stated that the petitioner is negotiating to purchase property to the east, but until this is FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 26 resolved, the curb required on the east property line would be postponed. Mr. Klein stated that with the new addition, the building will be refaced with new stucco. He stated that Mr. Moody concurs with the revised stipulations, and the trailer would be eliminated�as soon as the addition is constructed. Councilwoman Jorgenson stated that there is a lot of blacktop. She felt that she would like to have more green space. Mr. Klein stated that prior to the petitioner purchasing the property, the City was contacted for an evaluation of the property to determine deficiencies from the�City's point of view. He stated that numerous improvements were done based on the City's original review of the property. He stated, at that time, the City did not mention the setbacks. He stated that from the owner's point of view, if he would have recognized the deficiencies, he may or may not have purchased the property. He stated that if all the setbacks were enforced, they would lose 87 parking stalls, and the petitioner feels that is a hardship for him. He stated that the landscaping will be enhanced for the public view. Councilwoman Jorgenson questioned how much would be devoted to green space with the potential for future deveiopmen�? Mr. Hickok stated that staff would have to see the layout in the landscaping proposal. Councilwoman Schneider stated that as far as car dealers, Friendly Chevrolet is much nicer than some others. Councilwoman Jorgenson stated that the site has improved; however, if they expand to the east she would like more green areas. MOTION by Councilman Schneider to grant Special Use Permit, SP #96-04, with the following stipulations: (1) the boulevard area along the front of the property (facing Highway 65} shall be expanded to meet the 20 foot hardsurface setback area, unless the applicant obtains a variance for the same; (2) the petitioner shall provide curb and gutter along the west and north perimeter of the parking area except where they may obtain a variance therefrom; (3� the petitioner shall install additional street trees along the center part of the boulevard area; (4) no cars shall be displayed on the boulevard; (5) the petitioner shall provide curb and gutter along the east and south perimeter of the parking area within three years of the issuance of the special use permit; (6) the petitioner shall expand the boulevard area along Fireside Drive to meet the 20 foot hardsurface setback and provide the required landscaping, a three foot berm or hedge, to provide screening for the adjacent residential property; which work shall be completed in three years unless the petitioner obtains a variance therefrom; (7) all items, FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 27 except for those that have a three-year grace period, shall be completed prior to the issuance of the certificate of occupancy; and (8) prior to going to the City Council, the petitioner shall work with staff to come up with reasonable assurances that those items not completed at the time of the issuance of the certificate of occupancy will be completed within the time period as provided. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimously. 20. RECEIVE PETITION NO. 5-1996 FROM THE RESIDENTS EAST OF THE RAILROAD TRACKS ON LOCKE I,AKE: Mr. Flora, Public Works Director, stated that a petition has been received from residents east of the railroad tracks on Locke Lake. He stated that they propose to join with the City and the Rice Creek Watershed District in funding the removal of sediment from the back waters of Locke Lake during the RCWD Locke Lake sediment removal project. Mr. Flora stated that the petitioners propose to contribute $3,000 each, amounting to a total of $18,000, and request that the City match this amount in accordance with the storm water policy. He stated that they wish to seek the Rice Creek Watershed District's participation in their stream bed and erosion program of 30 percent. He stated that this would encourage the RCWD to contribute $15,428 for a net amount of $51,428 for sediment removal. MOTION by Councilman Billings to receive Petition No. 5-1996, authorizing matching City funds and directing staff to initiate the process with the Rice Creek Watershed District. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Billings, Councilwoman Jorgenson, Councilman Schneider and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom abstained from voting on the motion. Mayor Nee declared the motion carried by a four to one vote. 21. APPROVE CHANGE ORDER N0. 1 FOR STONYBROOK CREEK BANK STABILIZATION PROJECT N0. 246: Mr. Flora, Public Works Director, stated that this change order is to cover the construction of a temporary roadway to excavate Locke Lake. He stated that the total cost was $7,000 for 800 lineal feet at $8.75 per lineal foot. He stated that when the project was originally bid it was intended to remove the sediment during the winter while there was still deep frost in the ground. He stated that due to unforeseen delays with the permits, the contractor was not able to proceed until March 27, 1996, therefore, the temporary road was necessary. He recommended approval of this change order. MOTION by Councilman Schneider to authorize Change Order No. 1 for the Stonybrook Creek Bank Stabilization Project No. 246 with Shield FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 28 Construction Company in the amount of $7,000.00. Seconded by Councilman Billings. Upon a voice vote, Councilman Schneider, Councilman Billings, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom abstained from voting on the motion. Mayor Nee declared the motion carried by a four to one vote. 11. APPROVE FLOOD HAZARD MITIGATION GR�NT AGREEMENT WITH THE STATE OF MINNESOTA, DEPARTMENT OF NATTJRAL RESOURCES: AND APPROVE CONTRACT WITH SHORT, ELLIOTT, HENDRICKSON, INC., TO COMPLETE MISSISSIPPI RIVER FLOOD ELEVATION STUDY: Mr. Flora, Public Works Director, stated that the City has received an aqreement from the Department of Natural Resources to share in a study of the Mississippi River flood elevation through its flow in Fridley, as well as conducting a feasibility study to determine a cost effective method of upgradinq the emergency levee along the Mississippi River. He stated that the agreement calls for the City to share fifty percent in the cost of these studies. Mr. Flora stated that SEH has submitted a bid of $12,000 for the Mississippi River flood study which would be completed in approximately six months. He stated that Barr Engineering submitted a proposal for the levee study of $18,000. Mr. Flora requested that Council execute the DNR agreement for the Mississippi River flood elevation study and approve the contract with SEH to complete that work for a total cost of $12,000. Councilwoman Bolkcom felt that paragraph I-B should be deleted. She also questioned the amount or cost of the project which stated $15,000 in the agreement when the bid was for $12,000. She stated that she would prefer that any reference to a project not be used but to refer instead to a study. She stated that she was concerned that the City may be giving the impression they would spend up to $30,000 on a project. MOTION by Councilwoman Bolkcom to table this until revisions are submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. LICENSES: Mr. Pribyl, Finance Director, stated the two peddlers/solicitors/ transient merchants licenses for Edgar Letran and David Rohrbach should be deleted. He stated that due to an oversight, the license for Sharx Nightclub was not included for renewal and should be added. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 29 MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilwoman Jorgenson. MOTION by Councilman Billings to delete the two peddlers licenses for Edgar Letran and David Rohrbach. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. SHARX CLUB LICENSE RENEWAL: MOTION by Councilman Schneider to approve the renewal of the license for Sharx Club and Sports Bar. Seconded by Councilman Billings. Mr. Pribyl, Finance Director, stated it appears that the breakdown for food sales does not contain some of the non-alcoholic beverages that are served and contribute to an increase in food sales in relation to liquor sales. Mr. DeFoe, owner of Sharx Nightclub; stated that non-alcohelic beverages such as pop, milk, or coffee are not included in the food sales. Councilwoman Bolkcom asked Mr. DeFoe to provide this information for the last several months. MOTION by Councilwoman Bolkcom to amend the motion that the applicant provide monthly sales tax information to the Finance Director and Council review this license renewal in six months or sooner and have the Fi.nance Director determine that the sales are within the amount required by the ordinance. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declar�d the motion carried unanimously. UPON A VOICE VOTE ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 5. RESOLUTION REQUESTING THE REDUCTION OF SPEED ON COUNTY HIGHWAY 132 (WARD 3): Mr. Flora, Public Works Director, stated that in order for the County to proceed with a study, they want all three cities abutting this roadway to submit a request. Councilwoman Jorgenson stated .that there have been significant changes since the speed limit was established. FRIDLEY CITY COUNCIL MEETING OF APRIL 22, 1996 PAGE 30 Councilman Billings felt that the other two cities, Blaine and Coon Rapids, should be involved before Council takes any action on this resolution. He stated that since Fridley is suggesting 40 mph, he felt that staff should continue to work with the other cities. He also suggested that letters be obtained from our legislative representatives and these materials be sent to MnDOT. Councilwoman Jorgenson stated that she would concur. Mr. Flora stated that MnDOT, who sets the speed limits, will establish the limits based on their criteria. What the City requests has no bearing on what they establish. MOTION by Councilman Billings to adopt this resolution. Seconded by Councilwoman Jorgenson. MOTION by Councilman Schneider to table this item. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. INFORMAL STATUS REPORTS: Councilwoman Bolkcom thanked staff and everyone who participated in the Home Remodeling and Garden Fair. She also extended thanks to Home Depot and tne HRA. for co-sponsoring this event. She stated that about 800 persons attended. Councilwoman Jorgenson stated that it was a wonderful event, the vendors were very good, and people felt it should be done every year. She extended thanks to everyone who contributed. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of April 22, 1996 adjourned at 12:38 a.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor City of Fridley TO: William W. Bums, City Manager ��' PW96-090 �' FROM: John G. Flora, �ublic Works Director DATE: May 6, 1996 SUBJECT: Mississippi River Flood Elevation Study We had received an agreement from the Department of Natural Resources (DNR) to share in a study of the Mississippi River flood elevation through its flow in Fridley as well as conducting a feasibility study to determine the cost effective method of upgrading the emergency levee along the Mississippi River. The agreement calls for the City sharing 50% in the cost of these studies. We have received bids from firms for the two studies. SEH has submitted a bid for the Mississippi River flood study of $12,000 which would be completed in approximately six months. Barr Engineering has submitted a proposal for the levee study of $18,000. At the Apri122, 1996 Council meeting, it was requested that the DNR agreement be revised to reflect only the Mississippi River flood elevation study. This has been done and a revised copy is attached. Since there is some concem about the actual flood elevation, recommend the City join in the DNR agreement to conduct a Mississippi River flood study and award the contract to SEH for an amount of $12,000 ($6,000 by the City and $6,000 by the DNR). Once the flood elevations have been established, it would then be appropriate to determine if an altemate type of levee is practicable and request a DNR grant foY the second study at a later date. Recommend the City Council authorize the Mayor and City Manager to execute the DNR agreement for the Mississippi River flood elevation study and approve the contract with SEH to complete that work for a total cost of $12,000. JGF:cz Attachment 1.01 DNR WA7ERS Fax�612-296-0445 Rpr 30 '96 9�22 P.02/08 STATE OF MINNESOTA DEPARTMENT OF NATURAT� RESOURCES FLOOD HAZARD MITIGATION GRANT AGREEMENT THIS AGREEMENT is entered into by the State of Minnesota, acting by and through the Commissioner of Natural Resources, hereinafter referred to as the "State", and the City of Fridley, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City has an emergency levee along Riverview Terrace to protect 97 homes froin flooding on the Mississippi River; and WHEREAS, the City is hiring a consulting engineering f irm to assist them Yn identifying their flooding problems; and WHEREAS, the State is authorized by M.S. 103F.161, to make cost- share grant funds available to resolve flooding problems; and �iEREAS, the State has determined that the flooding problem should receive priority consideration for flood damage reduction grant assistance; NOW THEREFORE, it is agreed by and between the parties hereto: I. WORK The City shall conduct a study to determine the proper 100 year flood elevation for the Mississippi River thraugh the city. If the lo0-year flood elevation is determined to be higher or lowex than the current elevation specified by the FEMA, the City shall apply for a revision to its Flood Insurance Study and Rate Maps. Two copies of all reports resulting from the study shall be provided to the State upon completion. II_ GRANT The State shall pay to the City 50� of the total study costs or $7,000.00, whiahever is less, for the WorK. Payments to the City by the State will be made as invoices are submitted by the City evidencing payment made for expenses incurred. Invoices will be submitted for double the 1.02 DNR WATERS Fax�612-296-0445 Apr 30 '96 9�22 P.03l08 0 requested payment amount to demonstrate both the local and state share. Ten percent of the grant amount shall be reserved for the final payment whiah will be made after the Work has been completed and if costs and Work for which invoices are submitted are satisfactory to the Commissioner of Natural Resources. All billings shall first be sent to Area Hyclrologist Tom Hovey, DNR - Division of Waters, 1200 Warner Road, St. Paul, MN 55106 for approval and proaessing. III. SPECIAL PROVISIONS A. PROCUREMENT The City shall follow a1J. applicable laws in the procurement of goods and services for the Work performed under this Agreement. B. NONDISCRIMINATION 1. The City and its agents and contractors in the performance under this Agreement shall not enqage in any discriminatory employment practices and shall i.n all respects camply with Minnesota Statute, Chapter 363, Section 181.59 (1988j and all applicable rules and subsequent amendments thereto. Minnesota Statute Section 181.59 provides: Every contract for or on behalf of the State of Minnesota, or any City, for materials, supplies or construction shall conta�n provisions by which the City or contractor agrees: (a) That, in the hiring of comaaon or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier or vendor shall, by reason of race, vreed or color discrimi.nate against the person or persons who are citizeris of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; � .�� DNR WATERS Fax=612-296-0445 Apr 30 '96 9�22 P.04f08 (b) That no contractor, material supplier or vendor shall, in any manner, discriminate against, intimidate or prevent the employment of any person or persons identified by clause (1) of this section from the performance of work under any contract on account of race, creed or co�or; (c) That a violation of M.S. 181.59 is a misdemeanor; and; (d) That this Agreement may be canceled or terminated by the State or City or any other person authoriaed to grant the contracts for employment, and all money due, or to become due hereunder may be forfeited for violation of the terms or conditions of this Agreement or contract made pursuant thereto. 2. Use of Project Facilities The City and its agents and contractors in the operation of the study shall not deny any person the full and equal enjoyment of its services, facilities and accommodatxons because of race, color, creed, religion, disability, national origin or sex, and shall comply in all other respects with Minnesota Statue Section 353.03 (1988) and all applicable rules and subsequent amendments thereto. C. PREVAILING WAGES 1- To the extent that the Work assisted in this Agreement constitutes a"study" within the meaning of Minnesota Statute 177.42, Subd. 2(1988), the prevailing wage provisions of Minnesota Statutes 177.41-177.43 (1988) sha).l apply. Therefore, the City agrees to include in any contract it may enter into for work qualifying as a project, which is funded in whole or part by this grant, tha following terms required by Minnesota Statute 177.43, Subd. 1.. 1.04 DNR WRTERS Fax�612-296-0445 Apr 30 '96 9�22 P.05f08 (a) No laborer or mechanic employed directly on the work site by the cantractor or any subcontractor, agent or other person doing or contracting to do all ar a part of the work of the project, i.s pernaittad or required to work more hours than the prevailing hours o� labor unless paid for all hours in excess of the prevailing hours at a rate of at least 1-1/2 times the hourly basic rate of pay; and (b) A laborer or mechanic may not be paid a lesser rate of wages than the prevailing wage x-ate in the same or most similar trade or occupation in the area_ 2. Minnesota Statutes 177.41-177.43 do not apply to wage rates and hours of employment of laborers or mechanics who process or manufacture materials or products or to the delivery of materials or products by or for conimerca.al establishments which have a fixed place of business from which they regu�.arly supply processed or manufactured materials or products. 3. Minnesota Statutes 177.41-177.43 do apply to laborers or mechanics who deliver mineral aggregate such as sand, gravel or stone which is incorporated into the work under the contract by depositing the materia7. substantially in place, directly or through spreaders, from the transporting vehicle. 4. The City agrees to conform with the provisions of Minnesota Statute 177.43, Subd. 3, which requires that any contract for a study which is funded in whole or part by thi.s grant must specifically state the prevailing hours of labor and hourly basic rates of pay. 5. Trie City shall obtain the proper rate from the Department of Labor and Industry. If necessary, the City or its contractor shall assist in obtaining decisions on missing or inaorrect rates. If the 1.05 DNR WATERS Fax�612-296-0445 Rpr 30 '96 9�23 P.06f0$ Department of Labor and Industry has not promulgated a wage rate for a particular trade, the contractor is nevertheless responsible for paying the prevailing wage rate of the trade in question. s. Minnesota Statute 177.43, Subd. 5, provides that if a contractor, subcontractor or agent pays any laborer, worker or mechanic employed directly on the study site a lessex wage for work done under the contract than the prevailing wage rate is guilty of a misdemeanor. Each day that the vi�lation continues is a separate offense. �ach agent or subcontractor sha11 furnish to the contractor and City evidence of compliance with Minnesota Statute 177.43. 7. Nothing in this Agreement shall be construed as prohibiting the contractor or subcontractor from paying the negotiated wage rate provided it is hiqher than the prevailing wage rate. 8. Minnesota 5tatutes 177.41-177.43 do not apply to this Agreement or work perfor�med pursuant thereto under which: (a) the estimated total cost of completing the study is less than $2,500 and only one trade or occupation is required to complete it, or (b) the estimated total cost of completing the study is less than $25,00o and more than one trade or occupation is required to complete it. 9. The City understands that the Department of Labor and Industry enforces Minnesota Statute 177.43. The Department may demand and the City and its contractors and subcontractors must furnish to the Department copies of any and all payrolls and all records relating to wages paid laborers or meclianics on work to which Minnesota Statutes 177.41-177.44 app ly . 1.06 DNR WATERS Fax�612-296-0445 Apr 30 '96 9�23 P.O7f08 D. ACCOUNTING AND AUDIT The City shall iaaintain books, records, documents and other evidence pertaining to the costs and expense of implementing the Agreement to the extent, and in such detail, and will accurately reflect all net costs, direct and indirect, of labor, materials, equipment, supplies, services and other costs and expenses of whatever nature. The City shall use qenerally accepted accounting principles. All recvrds shall be retained for six years after submission of the planning work provided for in this Agreement to the State. The Coiarnissioner, his representative or the legislative auditor shall have the right to examine books, records, documents and other evidence, and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs. The City shall make available at the office at all reasonable times and before and during the period of records retention proper facilities for such examination and auda.t_ E. INDEMrTIFY AND HOLD HARMLESS The City agrees to indemnify and save and hold the state, its agents and employees harmless from any and all claims or causes of action arising from performance of the Agreement by the City, its agents, contractors or employees. This clause shall not be construed to bar any legal remedies the City may have for the State's failure to fulfill its obligations pursuant to this Agreement. F. ANTI-TRUST PROVISION The City hereby assigns to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with this Agreement resultin�g from antitrust violations which arise under the antitrust laws of the United States and the antitrust laws of the State of Minnesota. 1.07 llNK WHItKS IV. TERM Fax=b12-296-U4u5 Apr 30 '96 9�23 P.08l08 This Aqreement shall become effective when all signatures required have been obtained and when the funds have been encumbered, and shall continue in effect until the authoriaed work is co�pleted or until June 30, 1997, whiahever is earlier. This Agreement may be amended in writing.from time to time by the mutual agreement of the State and the City. V, TERMINATION The State may terminate this Agreement "with cause'�. "With cause" shall mean that the City is not performing the Work in accordance with the terms of the Agreement or the Work is not being perforraed to the satisfaction of the State. If this Agreement is so terminated, the State shall only be liable to pay for 50� of the Work found accseptable. In the event of termination of this Agr�ement as heretofore provided, the City shall have seven (7) days prior written notice and if the Agreement is being terminated "with cause" the City sha�.l have until the date of termination to show cause why the Agreement should not be terminated. If it is determined by the State that tha City�s default was beyond its control or it was not otherwise in default, the Aqreement shall not be terminated. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day first above written. CITY OF FRZDLEY BY- �Mayar DAT�� BY: City Manager DATE: As to form and execution by th.e ATTORNEY GENERAL BY: TITLE• DATE• STATE AGENCY OR DEPARTMENT BY- TTTLE• 1.OH DATE: , . .j� - � May 4,1995 � � Mr. John Flora Director of Public Works City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Dear Mr. Flora, 3535 VADNAIS CENTER ORlVE. 2fD/0 SEN CENTER, ST. PAUL, MN 55110 612 490-2000 80p 325-2p5S AACHlTECTURE • ENGINEERING - ENVlRONMENTAC - TRANSPORTATION Re: MDNR Grant Request Flood Plain and Betonite Core Studies Fridley, Minnesota SEH File No. P-FRIDL9503.00 SEH is pleased to respond to your request for fee information with respect to the referenced projects. The following is a summary of the general work scope and associated cost: Flood Plain Study Project Scope: , 1. Initial meeting with the City. 2. Meet with and obtain hydrologic/hydraulic informaiion from the MDNR, eorps of Engineers and USGS. - 3. Obtain FIS information/documen#. 4. Obtain mapping of the projert area from the City or agency listed item 1. 5. Contact Hennepin County regarding operation of the Coon Rapids Dam. 6. Review information in-house and with City. 7. Write summary report. Estimated cost to conduct of this study is $12,000. This cost is based on work being completed in 1995. Betonite Roadway Core Study Project Scope: 1. Site Visit 2. Obtain reproducible as-built drawings of the entire length of roadway from the City. We anticipate these drawings will provide information on and location of the City and private utilities wifhin the roadway right-of-way. s1 +oRr eu,orr NENORICKSON fNC. M/NNEAPOUS. MN ��09 r0, MN CNIPPEWA FALLS, W! MADlSON, W! ' City of Fridley � � �� • - May 4,1995 , Page 2 3. Compare elevation of 100 year water surface on the Mississippi River to that of the roadway section. 4. Review need for roadway modifications based on water surface elevations. 5. Obtain previous boring information along the roadway from the City. 6. Obtain original roadway cross sections from the City. 7. Review roadway cross section and insitu materials for levee suitability. 8. Review applicability for using betonite sheets or slurry wall for seepage cutoff. 9. Review seepage concerns and need £or a landward toe drain during high water in the river. 10. Review utility penetration concerns through the betonite (or pvc liner). 11. Review dewatering considerations for'installation of cutoff based on boring information and general soils maps. 12. Review existing groundwater levels based on USGS maps and soil boring information. 13. Review meeting with the City. Estimated cost to conduct this study is $18,000. This cost is based on SEH being able to obtain adequate existing information and work being rnmpleted in 1995. The following tasks are not induded in the studies. 1. Soil borings. 2. Installation and monitoring of piezometers. 3. Site surveys. 4. Hydrologic/hydraulic modeling. We are available to review this letter with you at your convenience. Sincerely, ��_ _ � ' Mark L. Lobermeier, P.E.. Manager, Water Resources 1.10 0 a � .l �arr 8300 N�m� C�t�Drive 555 We�2�tl� SUeet Miru�poks, MN55437-1026 Hi6(�ng, MN5574o" Engineering Company F� �ii s�-�oi F� ai j2�a-�a�so May 31, 1995 Mr. John G. Plora Director of Public Works City of Fridley Fridley Municipal Center 6431 University Ave. N.E. Fridley, MN 55432 Dear Mr. Flora: In response to your April 20, 1995 letter, John Dickson asked me to look into the background of the problem and assist you in applying for the MDNR flood damage reduction grant. You said that by the end of May you needed the cost of two studies. The following sections describe a preliminary scope of work for the two studies and a prelinvnary cost estimate for the work. Flood Level Studv The flood level study would be intended to review and, if possible, lower the oHicial 100- year flood discharge and 100-yeaz flood level of the Mississippi River at Fridley. Due to FEMA's coordination requirements it may be necessary to study and revise flood levels in the entire reach from Coon Rapids to Minneapolis. Similar work was done by the Corps of Engineers in their Section 205 Reconnaissance Study in 1987. That study estimated the 10Q- year flood as 89,700 cfs, rnmpazed with the 97,000 cfs calculated in the 1971 Flood Plain Information Study. This would correspond to a reduction of about 0.47 feet in flood level. Subsequent dxy years may have further Iowered the estimateci flood discharges. The first task would be to review the flood frequency curves in the affected area. The period of record spans several similar gage locations so part of the work would involve determining whether any adjustments are required for azea or other gage characteristics. I assume that both our 1971 work for the Corps of Engineers and the Corps 1987 study will already have completed a majority of this work. Tn the next step, peak dischazges for the entire period of record would be entered into the HEC-FFA flood frequency analysis program and used to predict new flood discharges for the affected reach of river. You should be aware that FEMA regulations require that if the old flood discharges are not outside the 50% confidence limits of the new distribution, no change will be made by FEMA. 1.11 Mr. John G. Flora May 31, 1995 Page 2. Once the flood discharges have been determined, the HEC-2 model of the river will be obtained from the MDNR and new discharges entered into the model. The model will be run and new flood levels calculated. It is our assumption that only the discharges would have to be changed in the model. Once the discharges and flood levels have been calculated the hydrology would have to be submitted to the Interagency Hydrology Review Committee for review and approval. This review might take three to nine months to complete. Once approved, the revisions would be submitted to FEMA for review by their contract r�viewer. This would take at least one month and more likely several months to complete. We estimate that this work would cost approximately $10,000 and would take approximately one year to complete from authorization to nroceed_ Levee Study We have obtained and briefly reviewed the October, 1987 Reconnaissance Report by the Corps of Engineers. As we understand it, you would like a review of the proposed 3,600 foot earthen levee to see whether the cost of removal of rubble could be avoided. The method you proposed is a bentonite cutoff wall in lieu of rubble removal and fill replacement. This review would be a preliminary analysis comparable to the work previously done by the Corps in the Reconnaissance Study. The goal will be to evaluate the feasibility of the approach (i.e., cutoff wall with existing inplace rubble shell) from a structural and economic standpoint based on a modest amount of data collection. To make a preliminary eva!uation of the suitability of such an impermeable core and the cost savings that might be obtained from it, the first steps would be to obtain tl�e cost estimating _ _ quantities and prelimutary designs used by the Corps of Engineers in their study. A critical variable is the amount of rubble and 611 that was found in the borings and the Corp's methods for estimating the total extent of fill in the existing levee. City information relative to the placement of the rubble in the levee will be valuable at this point. In addition, we will need copies of maps and aerial photography of the levee project site that might be available. The second step would be to review the geotechnical design of the proposed levee and understand the design assumptions in the Corps study. Again, we assume that geotechnical data will be readily available from the Corps. The third step will be to collect additional field information on the existing fill, including representative cross sections of the existing emergency levee and roadway. We will also take three additional soil borings in the vicinity of boring 85-2MA taken July 25, 1985. The borings should be advanced through the fill to the native soils with sampling of fill material and native soils at five-foot intervals. The samples will be analyzed for grain size and Atterberg limits. Once soils information has been obtained a revised design incorporating a seepage cutoff trench will be analyzed. A bentonite cutoff and other less expensive cutoffs will be 1.�2 Mr. John G. Flora May 31, 1995 Page 3. evaluated. Potential for slope stability failure and seepage/piping wiil be analyzed and a depth, width and configuration of the cutoff wall needed to meet FEMA requirements will Ue determined. The final step will be to revise the Corps of Engineers cost estimate based on new quantities and the revised design. Unit costs for the estimate will be updated and a new overall project cost will be determined. The anticipated oufput from this study will be a short report containing the cross-section and soil boring information, the proposed revised design of the levee, results of the seepage and stability analyses and a preliminary construction cost estimate. We do not anticipate studying the problems of internal drainage or easement acquisition at this time. We estimate that this work would cost approximately $18,�00 and would take approximately three months to complete from authorization to proceed. I hope this will help you in your budgeting and grant application. Again, I would like to emphasize that these estimates are preliminary and that we should continue our discussions of scope and schedule at such time as the City receives authorization for the grant. In the meantime, if you have any questions, please contact me or John Dickson. Sincerel , . � ! Nels P. Nelson c: John Dickson 1.13 MEMORANDUM PLAr�NING DIVISION DATE: May 2, 1996 TO: William Burns, City Manager� �/�' FROM: Barbara Dacy, Community Development Department Scott Hickok, Planning Coordinator Kurt Jensen-Schneider, Planning Assistant SUBJECT: First Reading of an Ordinance Amending Chapter 114 of the Fridley City Code, Regarding the Abatement of Junk or Unsafe Vehicles on Private Property. . Back ound � Review of the junk vehicle ordinance began in Noveanber of 1995. Since that time; sta.ff has worked to prepare an ordinance amendment to chapter 114 to define junk/unsafe velucles and to define the process for their removal from private property. Public hearings before the Planning Commission and City Council have been completed. Analysis In summary, the proposed ordinance modification includes the following: 1. A more detaited description of the criteria necessary to define a junk vehicle. 2. An additional definition of unsafe motor vehicles to include reference to State Statutes 169.468 to 169.75: 3. A definition of motor vehicle. 4. A detailed Five day notification and abatement process along with specific impound, reclaim and public sale requirements. 5. An aggrieved owner hearing process using the City Hearing Examiner. 6. A one year "sunset date" to allow for re-examination of the ordinance one year from it's adoption. Recommended Action Staff recommends that the City Council approve the attached ordinance for First Reading at its May 6, 1996 meeting. KJS:kjs C-96-204 2.01 xo. AN ORDINANCB AMEriDMEN1' RECODIFYINt3 T8E FRIDLEY CITY CODE� CBAPTER 114� LNTITLED ��ABAI�TDONSD MOTOR VSBICLEB��, BY ADDING 88CTIONB 114.07, ��HSARING�� AND 114.09 ��DISPOSAL AIIT80RITY�� AND AMBNDINa T8E TITLE AND SECTIONS 114.01� ��POLICY��, 114.02, ��DEFINITIONB��, 114.03, "IMPOIIND�'� 114.05, "NOTICS•�, 114.06� ��RECLAIM��, 114.07, ��PIIBLIC SALE��; AND RENIIMBBRTNG TH8 REMAINING SECTIONS CONSECIITIVELY. The Council of the City of Fridley does hereby ordain as follows: 114. ABANDONED JUNK OR UNSAFE MOTOR VEHICLES , � . ..� � Abandoned junk and unsafe motor vehicles constitute a hazard to the health and welfare of the residents of the community in that such vehicles can harbor noxious diseases, furnish shelter and breeding places for vermin, and present physical dangers to the safety and well being of children and other citizens. �+Iotor vehicles contain fluids which if released into the environment can and do cause significant health risks to the communi�y. The condition of vehi ci es �hat are i�nlced and abandoned jtink or �nsafe sicrnificantly increase the likelihood that these dangerous fluids might be so released. Abandoned junk or unsafe motor vehicles and other scrap metals also constitute a blight on the landscape of the City and therefore are detrimental to the environment. The abandonment and retirement of motor vehicles and other scrap metal constitutes a waste of a valuable source of useful metal. It is therefore in the . public interest that the present accumulation of abandoned junk or � safe motor vehicles and other scrap metals be eliminated, that future abandonment of motor vehicles and other scrap metals be prevented, that the expansion of existing scrap recycling facilities be developed, and that other acceptable and economically useful methods for the disposal of abandoned junk or unsafe motor vehicles and other forms of scrap metal be developed. Because of these significant concerns, the Citv is amending this section. These amencLments shall be effective for any violation which occurs through March 30, 1997, at which soint the amencLments to this section wil� have no further force and effect unless a further amendment is enacted. 114.02 DEFINITIONS 1. Abandoned Motor Vehicle. A motor vehicle which has remained outdoors on �ro�erty within the 2.�2 Citv for a period of more than 48 hours on public property illegally , r has remained for a period of more than 48 hours on private property without consent af the person in control of such property or in an inoperable condition such that it has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to the City or a duly authorized agent of the City. A classic car or pioneer car, as defined in Minnesota Statutes, Section 168.10 shall not be considered an abandoned motor vehicle with the meaning of this Section. � - y. . -� - A�ry vehicle located outdoors on proner�y within the City 'n which ..._.� .......i...,,«.. � «..7 ,..i -0 �,.,.. L,v.�Li r,.-r �i-ncri r�n c�icnan�i c�ti _ eleCtY'1C3Y . -_ �--- -_--' _ �__ . � � . - . . . - • - � • � • • � • . � - - • - . . - � - - .t_ ! ta ' � • -'� ' � � • �• • �• ii -• • y � �- • � " � ' � 1 . 4 • • ' � - ��• • - � - . � � • -• • � •• • � • • •- � 1 1 � ± !. t �t - - � � • � � • • , � • - � . • - � - � - • � . � � ' 3 � n • • - � - , ! t ! • 1 • • - a • - • � • • t � :.� ii• • './ ' . � ! •. K • n. 1 -• : � ii• • -� " , � � • - • - •. • - � ' �1 - � • ., � • • � ' ' � ' • �� ii• • -! " .1 / . •u••�-� •. K - � � ��• • - 1 " . � 1 }• - � -• - -• . �� • • • - - � - � • • � - • � � . t � • � - - • V f R - • 4. Vital Component Parts. Those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels. � Motor Veh?c?e Definit?on. 11 . ! 1 - • • � ' - • • � • , - • � - 1 c 1 1 �� - ! • • , - • - • � - • • • � • � - • • � • • - • , � - - - . • K f � - • • - . �� . � �• �- • � • � • �- • � �t. � !" y • !t 1• � •' �• n •� •�i•• - K . u• • - • , �-- - . �-- - . �• �• Jii•• - 2.�3 � ' i•' i e� s 4 , The City, or its duly authorized agent, may take into custody and impound any abandoned �,ink or unsafe motor vehicle. ' � - ii. •- �I �• ��'• - � • - • � s • •• -• �i�• _ 1l11" f ! • yii �� • �. - • � � - - � �. �-- � - � - � • . � � • � � • • � - � • � � - - � - • � ^ •• • - �. • • • � {i �• �� i�- � - � �• • . � � . . � �_ � • • . • � - • • , � • - • y ��1 - 1 1 ' � - • . ' • . � � • ' • � • • � • . � • • �. � ' • -•� • � • • ��!-! � -� ' . •. ��• �-� . �. • _ �_ � 114.04 VEHICLES IMMEDIATELY SUBJECT TO PUBLIC SALE When an abandoned motor vehicle is more than seven (7) model years of age, lacks vital component parts and does not display a license plate currently valid in Minnesota or in any other state or foreign country, it shall immediately be eligible for sale at public auction and shall not be subject to the notification or reclamation procedures established by this Chapter. 114.05 NOTICE 1. When an abandoned motor vehicle does not fall within the provisions of Section 114.04, The city shall give notice of the taking within ten (10j days. The notice shall set forth the date and place of the taking, the year, make, model and serial number of the abandoned �unk or unsafe motor vehicle and the place where the vehicle is being held, shall inform the owner and any lienholder of their right to reclaim the vehicle under Section 114.06 and shall state that failure of the owner or lienholder to exercise their right to reclaim the vehicle shall be deemed a waiver by them of all rights, title and interest in the vehicle and a consent to the sale of the vehicle at a public auction pursuant to Section 114.07. 2. The notice shall be sent by mail to the registered owner, if any, of the abandoned junk or unsafe motor vehicle and to all readily identifiable lienholder of record. The notice shall be mailed to the registered owner at the address g�:ovided by the motor vehicle division of the Minnesota De�artment of Public Safety or the correspondincs aaency of any other state or brovince. A coRy of such notice may be sent to the pro�ertv owner where the vehicle is found. If the,person mailina the notice has reason to believe_that the registered owner of the vehicle,. or one who claims to be the reaistered owner of the vehicle, is residing.or in custody at some different address,� a co,�y of the notice shall also be mailed or gersonally delivered to such owner or claimant in a manner designed, as nearly as may be �racticable, to give actual notice to him or her. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all 2.�4- lienholder, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was abandoned junk or unsafe. Published notices may be grouped together for convenience and economy. 114.06 RECLAIM 1. The owner or any lienholder of an abandoned �unk or unsafe motor vehicle shall have a right to reclaim such vehicle from the City upon payment of all towing and storage charges resulting from taking the vehicle into custody with fifteen (15) days after the date of the notice required by Section 114.05. 2. Nothing in this Chapter shall be construed to impair any lien of a garagekeeper under the laws of this State, or the right of a lienholder to foreclose. For the purposes of this Section, "garagekeeper" is an operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair or maintenance of motor vehicles. � To reclaim a motor vehicle imnounded �ursuant to this ord�nance, the owner or lien holder must ,yav anv costs and acimin;strative fees incurred by the City and must agree to relocate the vehicle in accordance with locate state and federal regulations. The owner or lien holder reclaimin,c� such vehicle sha� ? sign a"Release of ProF,�rt�" and shall agree to i�anmediate �mFoLndment without notice if such vehicle aaAin violates this section. Tn add�tion, �ha City mav reauire a bond to be gosted if said vehicle has been subject to a Frior imtiotir�dment. 114.07 HEARING. Any property owner who feels aggrieved by an , impoundment of a vehicle under this chapter may request a hearing before the Hearinq Examiner. Such request shall be filed in writinq with the office of the Community Development Director within twenty (20) days after the date of service of the notice by the Code Enforcement Officer or other duly authorized agent. The Community Development Director shall notify the Hearing Examiner who shall notify the property owner of the date, time and place of the hearing. The hearing shall be conducted no more than twenty (20) days after the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the property owner and the City. Both the property owner and the City may appear at the hearing with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant. Within ten (10) days after such hearing, the Hearing Examiner shall affirm, repeal or modify the order of the Code Enforcement Officer or other duly authorized agent. Notice of the decision shall be mailed to the owner at the address given in the hearing reguest. The Hearing Examiner's order shall be accompanied by written findings of fact, and may include 2.05 a finding of fact as to the violation of this chagter. Any person aggrieved by the decision of the Hearing Examiner may appeal that decision to the City Council by filing notice of such appeal with the Community Development Director within twenty (20) days of the mailina of the Hearing Examiner's decision. At its next available regular meeting following the filing of a notice of appeal, the Council shall review the decision and findings of fact of the Hearing Examiner and shall affirm, repeal or modify that decision. If the Council affirms the Hearing Examiner's decision declaring that a violation of this cha�ter exists, the City shall 8roceed to sell the vehicles after twenty (20) days following the Council's final determination, unless the property owner obtains a court order to the contrary within said twenty (20) days. 114.0�$ PUBLIC SALE 1. An abandoned junk or unsaf� motor vehicle taken into custody and not reclaimed under Section 114.06 shall be sold to the highest bidder at public auction or sale, following notice published a reasonable time in advance. The purchaser shall be given a receipt in a form prescribed by the City which shall be sufficient title to dispose of the vehicle.� The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. � Qisposing of unsold vehicles. Abandoned vehicles not_sold g�rsu�nt to subdivision 1 shall be disaosed of in accordance with Minnesota Statute 168B.08 and 168B.09. � �isposition of sale nroceeds. From the proceeds of a sale under this section of abandoned motor vehicle, the City shall reimburse itself for the cost of towing, �reserving and storing the vehicle, and all administrative, notice and pubiication costs �curred in handling the vehicle pursuant to sections 11�.01 to 114.09. Any remait�der from the p�-oceeds of a sale shall be held for the owner of the vehicle or entitled lierLholder for 90 days and then shall be dex�osited in the t�easurv of the unit of qoverrLn�ent. 114.09 DISPOSAL AUTHORITY 1.,i IInits of government. The City may contract with others or mav uti�ize its own eq�ipment and �,ersonnel for the inventorv of �bandoned motor vehicles and abandoned scrag metal., and if no bids are received, may utilize its own eq�i�ment and personnel for the collection, storage and trans,portation of abandoned motor vehicles and abandoned scrap metal; provided, however, that a unit of government may utilize its own eg�ypment and personnel for the �ollection and storage of not more than five abandoned mo�or vehic�es without advertising for or receivinc� bids in anv 120 daX p.�riod . Z.os PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996 ATTEST: WILLIAM A. CHAMPA - CITY CLERK WILLIAM J. NEE - MAYOR Public Hearing: April 22, 1996 First Reading: Second Reading: Publication: 2.07 � MEMOI�:ANDUM PLAT�NING DIVISION DATE: May 2, 1996 TO: William Burns, City Manager ��-?/,� FROM: Barbara Dacy, Cornmunity Development Department Scott Hickok, Planning Coordinator Kurt Jensen-Schneider, Planning Assistant SUBJECT: First Reading of an Ordinance Amending Chapter 128 of the Fridley City Code, Regarding the Release of Abated Property and the Abatement of Same or Similar Violations on Private Property. Back ound � Review of a minor modification to the Nuisance Abatement code section began in November of 1995. Since that time, staff has worked to prepare an ordinance amendment to Chapter 128 to detail the release of abated property. Public Hearings before the Planning Commission a.nd City Council have been completed. Analysis In summary, the proposed ordinance modification includes the following: A release of property agreement to be signed before releasing any abated ma.terial. 2. A provision which allows the City to abate same or similar violations from a loca.tion in which an abatement has already occurred. An abbreviated but reasonable notice period will still be required. Recommended Action Staff recommends that the City Council approve the attached ordinance for first reading at its May 6, 1996 meeting. KJS:kjs C-96-205 3.01 ORDINANCE NO. AN ORDINANCE AMENDMENT RECODIFYING THE FRIDLBY CITY CODE, CHAPTER 128 ENTITLED ��ABATEMENT OF E%TERIOR PIIBLIC NIIISANCEB�� BY ADDING SECTION 128.07, ENTITLBD ��RELEASB OF PROPERTY�� AND RENUMBTsRING THE REMAINING SECTIONS CONSECIITIVELY. The Council of the City of Fridley does hereby ordain as follows: 128. ABATEMENT OF EXTERIOR PUBLIC NUISANCES ��'�� :.� . � •;•' ; . - „ �• ,�. - ,. �. - .--� -��• -. � . .., - � �. �- .,�- . -� �. .- „_ .. .� . .�. .._�� - -- , -. . �- �� •,��- . -� �. .- - �� • � - ��• - �. . � ;- - - • ' .�- . �� . .• -- �• • - � �- -�� • �- • . �. • •� � • •y • • • �. � - .•• •�. -{i• • �- . ��- • {{ ' ��_ • --{{-� � - ' • �' . � . •• - -• • � •�.� � �• � �� •• •- � • •�• •- • � -��• ..- � - • � - � • • � • • • � . � - � • � • � - • � • � - � • . � � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _DAY OF � 1996 ATTEST: WILLIAM A. CHAMPA - CITY CLERK WILLIAM J. NEE - MAYOR Public Hearing: April 22, 1996 First Reading: Second Reading: PublicatiQn: 3.02 City of Friclley TO: William W. Burns, City Manager��((�" PW96-099 � FROM: John G. Flora, �lic Works Director DATE: May 6, 1996 SUBJECT: Well No. 12 Water Treatment Plant Project No. 293 Attached is a resolution calling for the advertisement for bids ior the Well No. 12 Water Treatment Plant Project No. 293: The 1996 Water Capital Improvement budget identified $1,066,000 to construct an additional water treatment facility at Well No. 12. The plans and specifications have now been prepared by Maier Stewart and Associates for the improvement project. The advertisement will be published for three weeks (at least 21 days) and will specify the work to be done and will state that the bids will be opened June 19, 1996. The work will consist of iron and manganese water treatment by adding a pressure filter, including grading, base, bituminous mat, concrete curb and gutter and other facility improvements. Recommend the City Council adopt the attached resolution calling for the advertisement for bids for the Well No. 12 Water Treatment Plant Project No. 293. JGF:cz Attachment 4.01 RF.SC)LIlTI�1 1�. - 1996 'j • •; �+� � "• ' YCI' � � • :tf•� :i:r I:i ' • ' 1►�: ' � ' 4.1 "I�1 • ^�• �{• 'J�I• � I�i • ',� � • �S, the City Council determined it was ne��ssary to construct an ad,ditional water treatment facility at Well No. 12, and T�I�REAS, the Council on Navemb�r 27, 1995 retained the services of Maier Stewart and As.sociates (N�SA) to c�esign the Well No. 12 wate.r treatment plant, at a cost of $125, 465, � WI�REAS, a model of the filtration system has been cc�pleted, and WHEREAS, the plans and specifications have naw been prepared for the construction of a pressure filtered water treatment plant at Well No. 12. �� T�ORE. BE IT RE80LVED Z�iT, the City Council of the City of Fridley, Anoka County, MinnP_sota, as follaws: th,at the follawing ircq�rwement propo� }�i Council are hereby ordexed to be effectively campleted as soon as reasonably possible, to�ait: l. An iron and mangane.,se water treatme,nt plant at Well No. 12, including gradirig, stabilized base, hot mix bittnninou.s mat, concrete curb and gutter, storm sewer SYS�. ��'�d sanita�y sew+er serviaes, lar�dscaping and othex facilities located as follows: WELL I�A. 12 7345 I�(�Y 65 2. That the work irYVOlved in said in�ravement as listed abave shall hereafter be designed as: Aell No. 12 Water Treatm�nt Plant Project No. 293 3. �l�at the plans arrl specifications Pre�reci bY Maiex 5tewart aryd Associates for such impravements and each of them pursuant to the Council direction, a c�p�y of which plans ar�d speci.fications are h�retofore attact�ed ar�d made a gart th�reof, are hereby approved and shall be filed with the City Clerk. 4. The Public Works Director shall aa��rlingly prepare arid caused be insert�ed in the official n�wspapex� advextisements for bids upon the making of such in�rovements utxlex s-uch appraved plans ar�d �Ca.ficatio�s. Zhe advertisem�nt shall be published for three week.s (at least 21 days) and shall specify the w�rk to be done andcl will state t.he bids will be c�ened and oonsidPx�ed in the C�onu�cil c�ambers of the Fridley Municipal Center and that no bids will be considered unless sealecl and filed with the Public Works Director and aoo�panied by cash deposit, bid bond or certified check payable to the City for 5 pem,ent of the amount of such bid. That the advertisement for bids for Well No. 12 Water Treatment Plant Project No. 293 shall be substantially in st,ar� form. PASS� A1�ID ADOPI'ID BY � CITY OOiAJCIL OF TI� CITY OF �mraav THIS 6Z�i L1AY OF 1�iY, 1996. � �' ►. �• . �� . WILLIAM J. NEE - MAYOR 4.02 ,. ADVERTISEMENT FOR BIDS FRIDLEY WATER TREATMENT PLANT NO. 3 CITY PROJECT NO. 293 CITY OF FRIDLEY FRIDLEY, MINNESOTA Notice is hereby given that BIDS wil be received by the City of Fridley (herein called the OWNER) at Municipal Center, 6431 University Avenue NE, Fridley, MN 55432 until I1:00 a.m., local time, June 19th, 1996 and then at said office publicly opened and read alaud. The major construction items included in this Contract will be as follows: Construction of a masonry building addition with precast plank and double tee roof sections. Construction of EPDM roofing system. Construction of cast-in-place backwash water holding basin. Furnishing and installation of the following pieces of process equipment: Two 10-ft. diameter by 40-ft. long pressure filters. One pressure aerator. Two backwash water return pumps. One gaseous chlorine feed system with booster pump. One each fluoride, potassium permanganate, and ammanium sulfate feed systems. One air backwash blower. One compressor. Furnishing and installation of associated electrical equipment. Furnishing and installation of dehumidification, heating, and ventilating systems. The project location is: 7345 Highway 65 (Intersection of Highway 65 and 73 1/2 Ave N.E.) Fridley, Minnesota Pre-bid Meeting: A pre-bid meeting will be held on June 4, 1996, at 10:00 a.m. Interested parties shall meet at the project site. This meeting will be the Contractor's ONLY opportunity to visit the interior of the e�isting well house. Each BID must be submitted in a sealed envelope, addressed to the City Administrator at the City of Fridley, Municipal Center, 6431 University Avenue NE, Fridley, 11�IN 55432. Each sealed envelope containing a BID must be plainly marked on the outside as BID for Fridley Water Treatment Plant No. 3, and, the envelope should bear on the outside the name of the BIDDER, his address, his license number if applicable, and the name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope containing the BID must be enclosed in front68S A 14 4.03 00030-1 �ss-o�a-zo another envelope addressed to the OWNER at Municipal Center, 6431 University Avenue NE; Fridley, MN 55432. The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BTDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER. Each BID must be accompanied by a BID BOND payable to the OWNER for a minimum five percent of the total amount of the BID. As soon as the BID prices have been compared, the OWNER will return the BONDS of all except the three lowest responsible BIDDERS. When the Agreement is executed, the BONDS of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the payment BOND and the performance BOND have been executed and approved, after which it will be returned. A certified check may be used in lieu of a BID BOND. 1. 2 The CONTRACT DOC[JMENTS may be examined at the following locations: MSA. Consulting Engineers. 1326 Engery Park Drive, St. Paul. MN 55108-5202 • • - � �. •� � � � � - � . Copies of the CONTRACT DOCUMENTS may be obtained at the office of MSA, Consulting Engineers located at 1326 Energy Park Drive, St. Paul, MN 55108 upon payment of $175.00 for each full size set (non-refundable). Any questions regarding the plans and specifications or addendums, thereto, should be directed to: Bryan DeSmet, P.E. MSA, Consulting Engineers 1326 Energy Park Drive St. Paul, MN 55108 Phone: 612-644-4389 Fax: 612-644-9446 . ��. �. - frontf�8S,014 \s1 Jok�n G. Flora. P.E. Public Works Director 4.04 00030-2 ��xs-o � a-?o City of Fridley TO: William W. Bums, City Manager � 1�/ PW96-100 �q � FROM: John G. Flora, Public Works Director Jon Wilczek, Asst Public Works Director DATE: May 6, 1996 SUBJECT: 77th Avenue Sanitary Sewer Extension Project No. 249 Currently a 12 inch diameter sewer main located on East River. Road service.s an area north of 77th and west of Burlington Northern railroad tracks. This sewer main services a very large area which runs into a lift station which pumps to the Metropolitan Waste Control sewer line. It is proposed to install a sewer main connecting from the existing main on East River Road ditectly to the Metropolitan Waste Control trunk sewer to the east. The secondary connection will relieve some of the burden on the lift station and provide for an altemate source ot discharge should a power outage or blockage of the main line occur. The project is in the 1996 encumbered capital improvement plan budget with an established amount of $120,000. In conjunction with construction of this project, we will be reconstructing the street. The street is presently below standard for a Municipal State Aid street. We will be widening the street from 36 feet to 44 feet as shown in our needs study. State Aid funds have been requested. There are no assessments proposed for this w'ork. Recommend City Council adopt the attached resolution ordering prepazation of preliminary plans, final plans and advertisement for bids for the 77th Avenue Sanitary Sewer Extension Project No. 249. Jw/JGF:cz Attachments 5.01 RE90I.iTrI�i 1�. - 1996 • � • •; • •�i`:�� • � r� � �� :,�. � r• :,� • � .•. r.i��a• • � � i• �,� � a� �a� •,� a� • - WHERF�.S, R�solutioll No. 9- 1996 0� the preliminarv plan..s, S��eCiflCations and estimate.s of the costs thereof for the improvements in this project, and �S, Resolution No. 11 - 1996 raoeived the prelimina�y report and called for a public hearing on the matter of in�ravemerits for this project, arxi �, a public hearirig was held on March 18, 1996 r�gardir�g this project, and �S, P�tition No. 2- 1996 was reoeived requ�sting th,e st,re�t oai tt�e petition be added to the City's 1996 street rec�onstruction program, and �, the City �il has deteYmined a need to rec�nstruct the street to maintain it in a safe condi.tion and at a reasonable cost, and �.5, a Joi.rYt }.�nxs Agreement between the cities of Fridley and Mounds View has bee.n executed for construction and funding of this impravement. NOiW, T�RE, HE IT RE80LVID Ti�iT, the City Council of the City of FYidley, Anoka County, M;irnesota, as follaws: 1. That the follawing improvements proposed by Cowzcil Resolution 9- 1996 are hereby o�lered to be effec.�ted and �leted as soon as reasonably possible, to-wit: 5t-xeet impravements inel.udirxJ grading. stabilized base, hot-mix bit�ma,inous mat, c�cret�e c�rb ar�d gutter, storm sewpx sYstem, water and s�wer services. laix3scaP�l� and other facilities. 2. 'IY�at th,e follow.ir�g street be inoozporated in the 1996 str�et impravement projects as 5T. 1996 - 2: 77th Way East Rivex Road to Burlington Northern Railroad Tracks 3. 'Ihat tt�e work to be performed undex this project may be perfornled under one or more contracts as may be deemed advisable upon receipt of bids. 4. That the Public Works Director, John G. Flora, City Hall, F�idley, Minnesota, is Y�e�by cle.signated as the E�gineer for thi,s inprov�nt. He shall prepare final. plans and specifications for the making of suc� impravements. FASS� AI�ID ADOPPID BY � CITY QOZAaCIL OF � CITY OF FRIDIEY R�IIS 6Tii DiA7C OF MAY, 1995. : YY�.�1 WILL�IAM A. Q�MPA - CITY Q.ERK WILLIAM J. IJEE - MAYOR 5.02 �H1..: f �� .. .=��,, .. u l`- a� �tr 5 '� �� • ``'� � . \�. � � .. _. 1. — \. � � � / + \\ 'N � 1 Y e^ �:, � . . ., •d�•- \�. . , �.� e� 8� o \\ ..co � sn[:". J� ,,• \ . ` _ \�� ,g�. c \`.\ Z , J - m I ' 1`.� c.�c � .i \\ � i ��\ 8N ,h. Q \\ . � [., sr.cc�� - \�'� E�r CH _ I�\` . �–�- ---� �'_ _.._� �� ; ';1 ' '� �'�' •. •��\�� +' ;��_ t� m._ C ��q 6r: • � �. � . �... � `� ew � I� \'�`�� . I i e . ��--,� , \ \ = r � �. � � �� - , ; .a: �; .J�.�_-� � e" 8- K.., � d- e° �: ��,__ � �. 6 C.IEM. . � ; ~, ^�ii `(� � !';. � � � � \\. �' � �� fl t � ' '\\\� v 11 \ '�� . -,,, �•+ \\' ..,..�. � `\�`� 4 I: },;' I �.� . � ` y � ' `� t •� i� `'� ;� — '�\1 z ��; I�•f 1' ^ +I ._ 2�' ��\ �/- a. � /° � ��`� _' `?1 �' �� i �•, �� l :� \�\• I�; �, i I� �I;� � " ' \� ' i� � � : ,� � �. �y�� . •w•� \1:;,. �� TM?�� I .� � i i .�� ` 0 � \\\ `\'` - i/�` i •�� .e• ' �if� \ .` —�;. � ` 1 B'. �/ \�•` 'j�� wa� ', � i % �' � e„ �� n '_ � '` `:. / '�' % . ` . . . ` � . � � - � \ \ � ' �\ o � \: ir�y.�� `\� I ,1by _ s �� + \ \� . � c,, \� / i'. 1 �.. o - �� . _ , 5.03 .� City of Fridley TO: William W. Burns, City Manager �� , PW96-096 FROM: � John G. Flora, Public Works Duector DATE: Apri126, 1996 SUBJECT: 1996 Street Surfacing Program In 1995 it was the Council's decision to only sealcoat a portion of the programmed streets to ensure that the processes proposed to be used would result in a satisfactory surface. This was with the understanding that the remainder of the streets would be added to the 1996 program The 1995 sealcoating program was eatremely successful. � As a result, this year's program includes a total of 357,056 square yards of sealcoat. This year's program also incorporates a number of recently upgraded streets. It is proposed to slurry seal the streets that have been improved within the last 5 years in lieu of a sealcoat to provide for a more uniform appearing and smoother surface street, while still providing necessary protection of the major asphalt structure. Accordingly, we have identified 43,759 square yazds of streets to be slurry sealed this year. Within our 1996 sealcoat budget and the remainder of the 1995 sealcoat budget, we have $235,949 available. There is some concem that the program proposed for this year will exceed that amount. We are not implementing a major street reconstruction program of $500,000 as originally planned. Accordingly, there should be sufficient funds for this yeaYs street resurfacing program within our 1996 street program Once the bids have been received for the sealcoat and slurry surfaces, we will be able to provide the exact figures to the City CounciL JGF:cz S.� � RFSOLUTI�i 1�. — 1996 -• • � • �,�• � � �. .,� � :� i:� • •.• • � ti • i� � a r .+• •; ti � I� • •J��i• � - • � �1•.1 S+ I�i • • : ��. ' yl � ("•,� �I lyl •�•,• � • � :rl� !• • Wi�REAS, the City Council of the City of Fridley has established a policy of Sealcoatirig the City streets on a regular basis, �, the Public Works DirectAr has sul�n.itt.ed a plan shvwing the streets in need of sealcoatirig, 1�W, T�REFORE, BE IT REBOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. 'That the streets reconanended for sealcoating by the Public Works Department be sealcoat�ed, arid the work irivolved in said impravement shall hexeafter be designated as: STRF�ET PROJEGT PA. ST. 1996 - 10 2. 'Ihe plans ar�d specifications pregared by the Public Works Departznent for suclz i�rovement and each of them, pursuant to the Council action heretofore, are hereby appraved and shall be filed with the City Clerk. 3. The work to be perfontied under STREE'P P�UT�CP 1�. ST. 1996 - 10 be perfornied under one contract. The Public Works Director shall a000�lingly prepare arid cause to be inserted in the official newspaper advertisement for bids upon the making of such im�rav�ts urycler sudi approved plans arid specifications. The advertisement shall be published for two (2) wa�l�s (at least 10 clays) , arxl s�all �ecify the work to be dorie and wi11 state that bids will be opened at 11:00 a.m. on Friday, May 31, 1996, in the Council Qiambers of the City Hall, ar� that no bids wi11 be considered unless sealed and filed with the Public Works Director ar� accampanied by a cash deposit, bid bond, or c�x�tified check payable to the�City of Fridley for five percent {5%) of �he amount of such bid. Zhat the advertisement for bids for STREET II�IPRp'VF�iT PliATFX,T 1�U. 1996 - 10 shall be substantially staixla�l in form. PASSID AI�ID ADOPZ�D BY Tl�: CITY O�LR+�IL OF T� CITY OF FRIDILY �IIS 6TH IaAY OF 1�Il4Y, 1996. A'I'PE.ST: WILL.IAM A. Ci�MPA - CITY CI�:RK 6.02 WILLIAM J. NEE - MAYOR NOTICE TO BIDDERS STREET IMPROVEMENT PROJECT NO. ST. 1996 - 10 (SEALCOAT) Sealed bids will be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the Public Works Director of the City of �idley, 6431 University Avenue, N.E., Fridley, Minnesota, �5432, (Tel. 571-3450) on the Friday, May 31, 1996, at 11:00 a.m. for the furnishing of work and materials for the following work for the City of Fridley STREET IMPROVEMENT PROJECT NO. ST. 1996 - 14 (SEALCOAT). The surface treatment project consists of sealcoating about 357,9�6 square yards of streets in different parts of the City of �idley and consists of the following principal items of work and approximate quantities: 357,056 Square 357,056 Square 357,0�6 Square 52 Each Yards Sweep before Sealcoat Application Yards Sealcoat with Spe�ed Aggregate Yards Sweep after Sealcoat Application Loose Rock Signs All in accordance with plans and specifications prepared by John G. Flora, P.E., Public Works Director, �idley City Hall, 6431 University Avenue N.E., Fridley, MN, 55432 (Tel. 571-3450). Plans and specifications may be examined at the office of the Public Works Director and copies may be obtained for the Contractor's individual use by applying to the Public Works Director. Bids must be made on the basis of cash payment for work, and acc�ompanied by a cash deposit, certif'ied check (on a resporisible bank in the State of Minnesota) or a bidder's bond made payable without condition to the City of �idley, Minnesota, in an amount of not less than five percent (5%) of the total amount of the bid. The City Council reserves the right to reject any and all bids and to waive any informalities i.n any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. DATED THIS 6TH DAY OF MAY 1996. Published: �ridley Focus May 9, 1996 May 16, 1996 May 23, 1996 John G. Flora, P.E. PUBLIC WORKS DIR,ECTOR Construction Bulletin May io, isss May 17, 1996 � May 24, 1996 s.o3 ==� ;` � ` �, i - .� <, _ - .;�' ; ��, n .�' . 5." =' � �� I � � f 1 " •' o c 'ti c: � �: � : : ;> L ,� : �•`�`C � i,• ✓�, /' ,-�/�' , '! __ �Y.t. '.. � �""�U' • � �� I . � , � = ' �� - i .�. ,1 '�; ;-�tTl _.,� � :� F � _ -- ��z _ �. : I � - � ; �; Ty i- � . _ : =,,,��; � � --..__..--••-_. .._ .__ .-- --• --•� : '- -- -- -- -- --°-- -- �- _.._ �� . -- -- -- -_ __ =_ __ � =- __ � _tL:R 1 ` =� •�•' � 1: ��: -�--1.� �-- . �- ..—�� i . ( - i1 ` . � ..T- �� . �f \�_ti_ � ..... _; { � __�/�,:� �'`�.�' �_ =—�a �—` --�___ l _L _ _ S % : i `q A G � d i � .-.. . .., _ ....� ._—___—� a ��ai� f_'_—� n—�— Ji: 3~ � ` �-. �--� , _ _'�---� � , u U �. , �" a : � . . � � � , : t. < <• c; a C,u. �� t f _ 9 9 • j i � � ,' � � � �= , � G. � a � .; . �, ... < <.. ��, 1996-10 e � ■ - • .., �t .� �s� e: ' �c. c:. � ` s r � u � ` ' � � = SEAL-COAT . �, Gs� `t �� a i s 1 � t�; �, �'a �� ; 9� � � � . , .\ �; i �=�� ' c � a � •Y J � C• �.� `0 3 er: ' s:'s a -_, __� •; ,� _ � � R � � ;o;` �� -'��°' �� o . �' " ' '� � � �� (:} c; �m, I � �!�� t 7 : o I (? C` � �� O f�t :e..� .,.... - c. � ., � � i f ^ h . C i ��' � J ' � � 1 ~ � � � I� (i � v� � 0�3 � i ..<u.� •.r«� ;�,.a.� .. � `J� � � V ■� • ' , V1M BYOCM STMEET L � • � � r �'� - NJ I i � L1�'��,,� a A . ,I � �'li: tf �_�� n 1= � _ ... ... n � �" _, �il �% a� 1C ...� ___ .,..�, - �/ c 3 - J f, J � P ;7 �`� f� s' (,1 ^ � \ c � � �,� f° i �i/ .�..... . �;% � � � C: ,; � 1 � .��` ! /.� - ^_ �, �.�� : - �' i «. ....: r � / r--- , —� , :. ,�....� , � o ,: :ti_, ,__:�: ' 4_' � �. .. � _�! � 1.,/ o -f'J� s £ � o i 0 �,, ; � � _ :� .��:..... . CITY �� , � -=-� :_n,'• '-- --__ --� � _ _°S'_ a .; - .; a=.tc,_ s 'n.i �� 1 �_�� ;� 'fi��,Y 11� �� ig ...yd=-�_=6 i�-��tL__�� ,4 ,� �g•------ �� ,�---- -�� it-'uua.__.� ;�-uuv--1F uG .._.._____.--.._______ .n —'_ ;��i� •i. _ � _.. _ � i F � ;�� , , ;�,� ,, , .,, ,�� ,�- �� ;r �� r .�_��, : � -...• s..�r� :� u.�. .. � � .... .. ��, f•.v;Q � �" ? f• < <� � � . OF � � �: MOUNOS�B E \ _a �ir1 c-�' - . r O � D . 31 � � ..... i� . N /. -� , .� D Z � m • �iEw " ..�.�....�.. O .. ,� ` �� D d � a S A .�« C �a: � 0 M = O � � 2 � A r H �. . W � � RFSOIUl'Idld 1�U. — 1996 •��_ • 1 � �;•��':�' 1 1 I' • • :r ��+ �.� � . • • � �� • ;rN�' M• •; ti �� •:•��'�i' 1 � � �1'.1 :15� 15� '�;' . 1�� 'iC�+: 1 1"� � :r I:r •,• :r • Y `i:�� Wi�REAB, The City Ca.uicil of the City of Fridley has established a policy of slurry sealing the City streets on a reg�tar basis, and �,5, the R�blic Works Directror has suUiitted a plan shawing the st.reets in need of slurry sealing. 1�W, T�, BE IT RE90LVED Z��T, the City Caunci.l of the City of FYidley, Anoka County, Minriesota, as follaw�s: l. That the streets reo�ed for sl�y sealir�g by the Public Works Departmerit be slurry sealed, arxi the work im�olved in said im�ravement shall.hereafter be designated as: STREET PRDJF7G'1' 1�. ST. 1996 - 11 2. Zhe plans ar�d �ecificatioris prepared by the Public Works Departme.nt for suc� i�rovement and earh of them, p�ursvant to the Oo�.uzci2 action heretofore, are hereby app�ved and shall be filed with the City Clerk. 3. The work to be perfonned �r STR�T II�OVH�l�TP PI�OiT�G`r PU. ST. 1996 - 11 be pexformed undex one contract. The Public Works Director shall a000xdingly prep�are aryd cause to be irLSerted in the offici.al newspaper adv�t for bids upon the making of such imprwe�aZts ut�dex sud� approved plar� ar�d s�ecificatians. �he advertisement sha].1 be published for tw� (2) weeks (at least 10 daYs) , ar�d st�al.l specify the wark tA be c�or�e ar�d wi.11 state that bids will be aperied at 10:00 a.m. cn Fricla�y, May 31, 1996, in tl�e Oaancil Q�mber5 of the Gity Hall, and that na bids will be c�onsidered unless sealed and filed with the Public wdrks Direc,-tflr and aaoc�anied by a ca��h deposit, bid bond, or vertified check payable to the City of Fridley for five perve.rYt (5�) of the amaunt of such bid. ZY�at the advertisement for bids for STREET II�'laOrVF� PRUTDCr I�U. 1996 - 11 shall be substantially � in form. PASSID ADID piDOPZ�;D BY Ti� Cl'PY QO�QL OF '!� CSTY OF FRZDI�:3t 'i'�IIS DQ�if OF � 1996. � � WILLIAM A. (��MPA - CITY CLERK ►.� _�u �� u►� _ • • 7.� � NOTICE TO BIDDERS STREET IMPROVEMENT PR,OJECT NO. ST. 1996 - 11 (SLUR.RY SEAL) Sealed bids will be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the of�ce of the Public Works Director of the City of Fridley, 6431 University Avenue, N.E., Fridley, Min.nesota, 55432, (Tel. 571-3450) on the Friday, May 31, 1996, at 10:00 a.m. for the furnishing of work and materials for the following work for the City of Fridley STREET IMPKOVEMENT PROJECT NO. ST. 1996 - 11 (Slurry Seal). The surface treatment project consists of slurry sealing about 43,759 square yards of streets in different parts of the City of Fridley and consists of the following principal items of work and approximate quantities: 43,7�9 Square Yards Sweep before Slurry Seal Application 43,759 Square Yards Slurry Seal All in accordance with plans and specifications prepared by John G. Flora, P.E., Public Works Director, Fridley City Hall, 6431 University Avenue N.E., Fridley, MN, 55432 (Tel. 571-3450). Plans and specifications may be examined at the of�ce of the Public Works Director and copies may be obtained for the Contractor's individual use by applying to the Public Works Director. Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without condition to the City of �idley, Minnesota, in an amount of not less than five percent (5%) of the total amount of the bid. ' The City Council reserves the right tn reject any and all bids and to waive any informalities in any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. Dated this 6th Day of May1996. Published: Fridley Focus May 9, 1996 May 16, 1996 May 23, 1996 John G. Flora, P.E. PUBLIC WORKS DIR,ECTOR Construction Bulletin May 10, 1996 May 17, 1996 May 24, 1996 %.�2 . r----- ----, --- - --------- _. . _ �. ; ...1,. _ .. � _,. ', - ---i- . :,i: __ ,; _ , _ - - ~�; ;. =. :; _`-�+� �� ,�.{; � .- � i . ` , . �� ; '.�. , � , .'t%� , T= '� E` TM '�'- � � \ _ ,� � �.` �; - ,,, � ;i, y � � ;: � � � =;.� i . e �\ ��, l�=�t�;';��:.`�i'.j� i� �y ,� i -� � -� � . ��6� \ .: \ '�� / � � , . �-,�- i . _- _ r�-, -�: - - ' »;r�-_ w _�� ._ � . 1 J;, � _' : f' i ' � �I'� �- i . a...y� / ; � _1- �� 7 _ .%/ � �� ; �� - . ' —�� S �.,�_� . N t�, �, � �f ;_ i 1996 -11 SLURRI( SEAL ----P-,r-, %i-�"—: - _; � ,: `_ _ _, .� r , - �, --a : - _ � , �-� �� , _ _ '�J' 1 � � ` I :' � _ �' - � _ _ _ t 1 .-". _- �.�- --<- _ _. _° � _ " � , ,;,. \ _. -_ = �::. _ � � . , ; , _ _ � — � =.rr -.► _. _.._ . ,� �. . � ___ ' '_ "..._-_..��. -L _ ::-_,_ �. :' f _ � � - _ _ •;z\�_ . ' _�_ _ � "'_ _.. r` ..____ ' _'" "-_ � -..-. 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' r� � t i � I�__ 1 i-�,+: ___ 3. '`�j� `�� , .=�,,,! _,� :,,�,� ;�j �- -r�- '��i=.`=y�s �yx'.� �:. � _ , • �� H V � � �-- � /- I � � \ �^� �� ' •`'` ' �i� � � �•' ) T� • � .`'� /, � 4� � �..I ,W : T � j . . . ( ��Y\• � �I • � . E . ��i'�`."_ � � /=�A� I: ; ` /- ' �l' � -1'� =— ----�� e �, , , � � __ ; _. =:� 1 �� j 'I•'- . %i-�- _ � � r , ,; �� - : - - ,.. -- r �°=- �T, � r , . � ; :;' �_ : - - `' = _�; � r 1�7- � E_ , � L� _ j: ".� �I�Tj� . � r` `+ �J�: � !a . I _ _ ,.,,�( )• : _ . . =' _— _... -{' ! 'F:, � 7 _ J�!t ; i �-',�' • `) _:(�..;, ' ' _ �:. . _ -- -•-- .r. _ _ , \ _ _. � � �i �c; ' - -- _.__ : _^- - � �:;� _ � y�.�!l,il = � : __. _ _— _ � '' j� u i��, ' - _ - : - =_ - _ '"N f�,��` � -� �;,UtLI(! ' .. - _=-_ - -= . ° _ - — .� . - ; v'4``��`. i i _:�4LJiL111�. -- -_= - _ .._ �:. ° _ ' ', c1 -�-- I -- `'= = _ --:': _ _- • - °��!'_� � ' ' - - �_ °-- — - __ - =--- - Q ^�.�_] �5t_ -�� .�.7'"• _ K . "' - : .'Y%�. -�•� " _ -:' .. _ _ _�.. _ . . .. : _ _ _ I 1 �� '� � _:{ �'�' I —' _ . _ __' a...�«. ' � 1.i' �' �� ' � - =' _ -' =- , � ,.... � � _ - - -- - -- = ' - --- '_ - - _�,;,::J�l___i—__; ==':� 'i =_ .. __: .. __ __ .: = _ - �'� r--=-,. _ _� .:j � - = _ ` - ••--,}�j �� - ~ STREET MAP-CITY OF •- .. �� , , .. -- - '�� FRIDLEY � �-� �- -_ �' _- f..._� . -....:...._ ..'_"� - -_ _ _ _- _.. �.d� �. • --- . . .. � . ._ - —•__ � � . ---�-- - Z--. . � City of Fcidley TO: William W. Bums, City Manager �� PW96-098 r � FROM: John G. Flora, Public Works Director DATE: May 6, 1996 SUBJECT: Hold Harmless Agreement Based upon MnDOT's request that the City apply for a variance for the horizontal curve at Cheri Lane and Fillmore Street, we did attend the variance meeting on March 20, 1996. We were successful in receiving favorable votes for our variance. The Commissioner of Transportation has now approved the variance and requests a hold harmless agreement be executed for the 20 mph speed advisory sign at the horizontal curve at Cheri Lane and Fillmore Street. This is a standard requirement of MnDOT after a variance has Y�een approved ' Reconlmend the City Council adopt the attached resolution releasing the State of Minnesota for any actions arising from the granting of variance No. SAP 127-310-04. JGF:cz Attachment 8.� � I2ESOLiTPION 1�A. - 1996 ItE90I�I�T A1�ID I�OIaIlJG I��i�IIF�SS 7� S�TE OF N�90�I� FOR ALTI�TS ARISING FR�I � G�'RANPING OF A VARIANCE O�T S.A.P. 127- 310-04 (Q�RI I� - FILIMf�RE SPREET) (STRF�P PR(a7EGT I�. 1993 - 2) �, th,e City of Fridley requested a variance frarn Minnesota 12u1e 8820.9935 so as to permit a 20 m�h horizontal curve in lieu of the required 50 kiloaneter/hour design speed on the cornpleted construction project on Municipal State Aid Street No. 319 Segment: • Cheri Lane - Fill.more Street (horizontal curve) �.5, the Depaz-tment of Transportation of the State of Minnesota has granted the variance request as herein described. NOW, TI�`ORE, BE IT RE9oLVED by the City of FYidley, Minnesota that in acco�iance with the Minnesota Dep�zt of Transportation requireme,nts for grantirig the requested variance, the City of Fridley hereby indemnifies, saves and holds harmless the State of Miru�sota ar�d all its agents arid e�loyees of and frcan arry arra all clai.ms, demands, actions, or causes of action of any nature or c.haracter arising out of or by reason of, in any matter, the reconstruction of the tw� street s�nts mentioned �bove in any other manner than as in a000rdance with Minnesota Rules 8820 and further agrees to defend at their sole cost and expense any action or prooeedi�lg a�nenoed for �he pu�pose of as_�rtirig ariy claim of whatsoever character arisirig as a result of the granting of this variance. PASSID AND ADOPTED BY Ti� CITY 00�1CIL OF 7� CITY OF FRIDLEY �IIS 6T�i L1AY OF 1�Y, 1996. ATI�ST: WILLIAM A. C�iAMPA - CITY CL�RK �4ILLIAM J. NEE - MAYOR 8.�2 (✓ !1'�NN�Tq ao yo Minnesota Departmeni of 7ransportation p� -__ -"-_. -__'- ___ "". __'_._ _ . ._"_ �'�^tiT �� State Aid for Local Transportation Division OF TP Maii Siop 500. Room 420 _��`.:e Tel.: 612./296-3012 395 John Irelanci Boulevard Fax: 612J282-2727 St. Paul, MN 55155 April 25, 1996 John Flora Fridley City Engineer 6431 University Avenue NE Fridley, MN 55432 In reply refer to: Request for Variance Municina]. S±ate A? d Stre�t �?n. 3�.9 {Ch2r� Lar,e-Fil1.:.cr� Street j CITY OF FRIDLEY Dear Mr. Flora: Upon the advice of a Variance Committee appointed expressly for the purpose of recommending to me the validity of the City of Fridley's request for a variance from Minnesota Rule 8820.9936 so as to permit a 20 mph horizontal curve in lieu of the requzred 50 kilometer/hour design speed on the completed � _ construction project on Municipal State Aid Street No. 319 � i `� ' ("Clieri� `Lane-Fillmore 5treet) �in�`the � City` of Fridley; I hereby " � GRANT the variance. The variance is conditional upon receipt of a resolution by the City Council of Fridley that indemnifies, saves, and holds harmless the State of Minnesota and its agents and employees of and from any and all claims, demands, actions, or causes of action arising out of or by reason of the construction of Municipal State Aid Street No. 319, at the intersection of Interstate 694 in the City of Fridley and further agrees to defend at their sole cost and expense any action or groceeding commenced for the purpose of asserting any claim of whatsoever ch�ract�y urij�:�� a� � �esuiL- ai tfie granicing or this variance. Si cer , ��--•�-�...,,�,... Edwi . C hoon Deputy Commissioner cc: Bob Brown, Metro Division Steve Billings, Fridley City Council 8.03 An equal opportunity employer TO: WILLIAM W. BURNS, CITY MANAGER �/j ��f'' FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTION TRANSFERRING $1,000,000 TO THE CAPITAL IMPROVEMENT FUND, PARKS DIVISION DATE: May 2, 1996 The attached resolution has been prepared at the request of the City Council, as a result of discussions that took place at last year's capital improvements planning session. The transfer provides the funding necessary to provide modern, safe and handicapped accessible equipment in all of the City parks by the year 2000. This commitment by the City CounciI is referenced in Resolution No. 95 -1994 which provided the $35,000 for equipment at the Rice Creek Townhouse site. The transfer will take the $1,000,000 from the Closed Bond Fund and place it in the Capital Improvement Fund, Parks Division. RDP/me 9.01 RESOLDTION � - 1996 A RESOLUTiON AIITHORIZING TH$ TRANSFER OF $1,000,000 FROM THB CLOSED BOND FIIND TO THE CAPITAL IMPROVEMENT FUND IN ORDER TO FIIND PARR IMPROVEMENTS. WHEREAS, the City of Fridley provides neighborhood parks to meet the needs of its citizens, and WHEREAS, the City Council has adopted Resolution No. 95-1994 which states the City's commitment to upgrading its parks in a manner that provides modern, safe and handicapped accessible playground equipment, and WHEREAS, the City's five year capital improvement plan does not provide the resources necessary to upgrade the City's park system. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley hereby authorizes transferring $1,000,000 from the Closed Bond Fund to the Parks Division of the Capital Improvement Fund to fund the required park improvements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 9.02 WILLIAM J. NEE - MAYOR t C1TY OF FRIDLEY Type of License• Bv: LICENSES 6,1996 BILLIARDS American Legion Post 303 CDL Co 7365 Central Ave NE Fridley, MN 55432 CIGARETTE American Legion Post 303 CDL Co 7365 Central Ave NE Fridley, NIN 55432 y Ozzie's R. Wineman 620 Osborne Rd A. Larson Fridley, NIlJ 55432 Seoul Oriental Food Inc Sungsoo Choi 1095 E Moore Lk Dr Fridley, MN 55432 The Uno-Ven Company Jim Sundberg 5695 Hackmann Ave NE Fridley, MN 554"s2 FOOD ESTABLISHMENT The Ground Round Gr of Minn., Inc 5277 Central Ave NE Fridley, MN 55432 Johnson Automotive 5. Johnson 6290 NE Hwy 65 Fridley, MN 55432 Ozzie's R. Wineman 620 Osborne Rd A. Larson Fridley, MN 55432 Seoul Oriental Foods INc Suntgsoo Choi 1095 E Moore Lake Dr Fridley, MN 55432 Approved By: Fees• David Sallman $40.00 Public Safety Director m m m � � � m m � y 2.0 � : " $40.00 " $30.00 " $30.00 " $30.00 " $45.00 " $45.00 " $45.00 " $45.00 � ` arr oF F&IDLEY ELECTRICAL City View Electric Inc 1145 Snelling Ave N St Paul MN 55108 Comm Tech Electrical Contractors Inc 14216 23 Ave N Plymouth MN 55447-4910 United Defense 4800 East River Rd Minneapolis MN 55421-1498 GAS SERVICES Anderson Heating & AC 4347 Central Ave NE Columbia Heights MN 55421 Environ-Con Inc Box 1351 St Cloud MN 56302 Harris Contracting Co 2300 Temtorial Rd St Paul Mn 55414-1699 Minnegasco, A NorAm Energy Co 800 LaSalle Ave, 11 Fl Minneapolis MN 55402-0030 Suburban Air 8419 Center Dr Minneapolis MN 55432-1309 Thermex Corporation 4850 Park Glen Rd St louis Park MN 55416 LICENSES MAY 6, 1996 Patrick Kinsella Michael Schmitt Jack Hartman Ray Andersfln Gary Sohlstrom Robert Hosch David Larson Mark Sims C�rt Brekke GENERAL CONTRACTOR-COMI��RCIAL Anderson Brent Associates Inc 7610 Hwy 65 NE Fridley MN 55432-3553 Brent Anderson 12.0�� STATE OF MINN Same Same RON 7ULKOWSKI Building Official Same Same Same Same Same RON JULKOWSKI Building Official i Cave & Associates LTD 2489 Rice St #40 Roseville MN 55113 Cross Replacement Window & Siding 500 E Travelers Trl Burnsville MN 55337 Garlock French Roofing 2309 Snelling Ave S Minneapolis MN 55404 Haglin C F& Sons Inc 4005 W 65 St Edina MN 55435-1768 Karkela Construction Inc 2978 Alabama Ave St Louis Park MN 55416 M J Construction 617 Tyler St Anoka MN 55303 McGough Construction Co Inc 2737 North Fairview Ave St Paul MN 55113-1372 Metro Building Systems Inc 4401 85 Ave N Minneapolis MN 55443 Palmer West Construction Co Inc 2422 Washington St NE Minneapolis MN 55418 Rayco Construction Inc 3801 5 St NE � Columbia Heights MN 55421-3238 Sela Roofing & Remodeling Inc 4100 Excelsior Blvd St Louis Park MN 55416 Sam Cave Steve Garrison Karl Charipar Thomas Roberts Richard Etchshokin Mort Wald Rhonda Smieja L.arry Fischer David Schmeichel Ray Ellis Jim Bennett 12.04 _ Same Same Same Same Same Same Same Same Same Same Same United Defense 4800 East River Rd Minneapolis MN 55421-1498 Robert Halverson GENERAL CONTRACTOR-RESIDENTIAL Century Roofmg & Construction (20034174) 6336 Lyndale Ave S Richfield MN 55423 David Yantes Jr DeMars Mike Construction (6614) 8401 166 Cir NW Ramsey MN 55303 Hagen C & M Construction (4132) 3852 2 St NE Columbia Heights MN 55421 Imperial Homes Inc (20014230) 4196 Lexington Ave Shoreview MN 55126 J D Construction Inc of Anoka (5157) 92b Black Oaks Ln � Anoka MN 55303 Jansick (8618) 6480 Squire Dr NE Fridley MN 55432 Johnson Greg Construction Services (3163) 6720 Hilside Ln Edina MN 55439 Lee, Steven Contractor (5758) 9465 Irving Ave Brooklyn Park MN 55444 Lempl�e Paul Construction Inc(3550) 1924 Coventry Ct Mendota Heights MN 55118 Lifespace Construction Inc(4197) 10020 Highview Ct Champlin MN 55316-2631 Michael DeMars Clifford Hagen Rich Riemersma Jody Schmit Gary Jansick Greg Johnson Steven Lee Tim Lemke Todd Anderson 12.05. Same STATE OF MINN Same Same Same Same Same Same Same Same Same Minnesota Exteriors Inc (2877) 8600 Jefferson Hwy Osseo MN 55369-0266 Olson Construction Inc (20046602) RR 2 Box 186 Braham MN 55006 Peak Roofing (20045301) 11506 S Oakvale Rd Minnetonka MN 55305 Preferred Home Improvement (6641) 3601 85 Ave N #B Brooklyn Park MN 55443 Qualiry #1 Plumbing & Remodeling (7640) 1670 132 Ln NE Blaine MN 55449 Royal Construction (PENDING) 28222 96 St Zimmerman MN 55398 Sather Co Inc (3778) 7920 Powell Rd Hopkins MN 55343 Sela Roofmg & Remodeling Inc 4100 Excelsior Blvd St Louis Park MN 55416 TimberCraft Enterprises Inc 215OldHwy8SW New Brighton MN 55112 HEATING Anderson Heating & AC 4347 Central Ave NE Columbia Heights MN 55421 Environ-Con Inc Box 1351 St Cloud MN 56302 Gerald Fadden Gary Olson Mark Seashore Mark Gessell Dean Ciccone Judd Stickney Steve Sather Jim Bennett Peter Murlowski Ray Anderson Gary Sohlstrom � 2.�6 Same Same Same Same Same Same Same Same STATE OF MINN RON JULKOWSKI Building Official Same Harris Contracting Co 2300 Territorial Rd St Paul MN 55114-1699 Kalmes Mechanical Inc 15440 Silverod St NW Andover MN 55304 Minnegasco A NorAm Energy Co 800 LaSalle 11 Fl Minneapolis MN 55402-0030 Suburban Air 8419 Center Dr Minneapolis MN 55432-1309 Thermex Corporation 4850 Park Glen Rd St Louis Park MN 55416 United Defense 4800 East River Rd Minneapolis MN 55421-1498 MOBILE HOME INSTALLER Schultz' Mobile Home 5ervice 4092 234 Ave St Francis MN 55070 Superior Mobile Home Service 17021 Willemite St - Ramsey MN 55303 MOVING Dale Movers Inc 7816 Central Ave NE Minneapolis MN 55432 PLUMBING Bredahl Plumbing Inc 7916 73 Ave N Brooklyn Park MN 55428 Foremost Mechanical Inc 501 W Lawson St Paul MN 55117 Robert Hosch Bruce Kalmes David Larson Mark Sims Curt Brekke Charles Heille Don Schultz Jack Narow Mike Peterson Larry Bredahl John McQuillan 12.07 Same Same Same Same Same Same STATE OF MINN Same STATE OF MINN STATE OF MINN Same Harris Contracting Co 2300 Territorial Rd St Paul MN 55114-1699 Johnson R A & Son 25 Crescent St Big Lake MN 55309 Jonahs Plumbing 1023 Trenton Cir N Plymouth MN 55441 Plumbing Service Center 2201 I07 Ln NE Blaine MN 55449 Ra-Mar Plumbing Inc 8155 Lake Elmo Ave Stillwater MN 55082 Ryan Plumbing & Heating Co 811 Universiry Ave W St Paul MN 55104 Wiley Enterprises 315 1 Ave NE Osseo MN 55369 SIGN ERECTOR Sign Language 6237 University Ave NE Fridley MN 55432 TRAILER Onan Corporation 1400 73 Ave NE Fridley MN 55432 WRECKING Herbst & Sons Construction 2299 Co Rd H New Brighton MN 55112-1594 Gerald Mullenbach Richard Johnson Merle Lazerine Breck Ogren Ray Martin Gregory Ryan Roger Wiley Jun Golden At: 1400 73 Ave NE Dennis Herbst 12.�8 Same Same Same Same Same Same Same RON JULKOWSKI Building Official RON 7ULKOWSKI Building Official RON JULKOWSHI Building Official Harris Contracting Co 2300 Tenitorial Rd • St Paul MN 55114-1699 Johnson R A & Son 25 Crescent St Big Lake MN 55309 Jonahs Plumbing 1023 Trenton Cir N Plymouth MN 55441 Plumbing Service Center 2201 107 Ln NE Blaine MN 55449 Ra-Mar Plumbing Inc 8155 Lake Elmo Ave Stillwater MN 55082 Ryan Plumbing & Heating Co 811 University Ave W St Paul MN 55104 Wiley Enterprises 315 1 Ave NE Osseo MN 55369 SIGN ERECTOR Sign Language 6237 University Ave NE Fridley MN 55432 TRAILER Onan Corporation 1400 73 Ave NE Fridley MN 55432 WRECKING Herbst & Sons Construction 2299 Co Rd H New Brighton MN 55112-1594 Gerald Mullenbach Richard Johnson Merle Lazerine Breck Ogren Ray Martin Gregory Ryan Roger Wiley Jim Golden At: 1400 73 Ave NE Dennis Herbst y 2.09 Same Same Same Same Same Same Same RON JULKOWSKI Building Official RON JULKOWSKI Building Official RON JULKOWSKI Building Official � r CRY OF FRIDLEY Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 ESTIMATES MAY 6, 1996 Services Rendered as City Prosecuting Attorney for the Month of February, 1996 :.............................................$15,858.15 Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paui, MN 55110 Services Rendered as City Attorney for the Month of April, 1996: . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,250.00 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55435-5489 Legal Services Rendered During February, March and April, 1996 . . . . . . . . . . . . . . . . . . . . . $ 301.89 Richmar Construction, Inc. 7776 Alden Way Fridley, MN 55432 53rd Avenue Booster Station Renovation Project No. 280 Estimate No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 71,439.95 13.01 MEMORANDUM DEVELOPMENT DIRECTOR DATE: May 2, 1996 � TO: �Iliam Bums, City Manager � �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of a Vacation, SAV #96-01, by Imperial Homes, Inc.; 1435 Royal Oak Court N.E. The City Council conducted a public h�ring regarding the vacation request at its April 22, 1996 meeting. Since the public h�ring, the petitioner has submitted the attached drawing for staff s review. The drawing depicts the area to be vacated which equals 140 square feet and a proposed altemative easement area which grants the City an easement of 280 square feet two times that which is being vacated. This easement area wi11 protect aclditional natural features on the site.and is good " compensation tor the area to be vacated. RECOMMENDATION Staff recommends that the City Council approve the flrst reading of the attached ordinance vacating a portion of the drainage easement on Lot 7, Block 1, Totino- Grace Addition in exchange for the easement indicated on the attached drawing to be submitted by second and final reading. MM/dw M-96-207 14.01 ORDINANCE NO. AN ORDINANCE IINDBR SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIB C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate public drainage easements described as follows: That part of the drainage easement as dedicated on Lot 7, Block 1, Totino Grace Addition, Anoka County, Minnesota, described as follows; Commencing at a point on the north line of said Lot 7 distant 65.10 feet east from the northwest corner of said Lot 7; thence on an assumed bearing of South 28 degrees 00 minutes 00 seconds East along the west line of said drainage easement 29.75 feet to the point of beginning; thence North 71 degrees 50 minutes 00 seconds East 3.80 feet; thence South 22 degrees 08 minutes 07 seconds East 34.86 feet; thence North 71 degrees 50 minutes 00 seconds East 7.20 feet; thence South 18 degrees 10 minutes 00 seconds East 19.96 feet to said west line; thence northerly along sai.d west line to the pflint of beginning. Be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: April 22, 1996 First Reading: Second Reading: Publication: 14.02 � ��tc� � L��acri t i o� of Easement Vacation across L.ot 7, Block 1, TOTINO GRA ADDITION. Anoka County, Minnesota � .. 1 �.. ��: ' ` ► . 1 �;► That part of the drainage easement os dedicoted on Lot 7, Blxk 1, T071N0 GRACE ADOITION. Anoka County, Minnesota deacribed aa followa: Commenci�g et e point on the north 1'u+e of soid Lot 7 diatont 65.10 feet eoat from the northwest corner of satd Lot 7; thence on en asaumed bearMq of South 28 degrees 00 minutea 00 seconda East along the west Una of said drainage easement 29.75 teet to ths point of beginnMg; thence North 71 deg�eea 50 minutes 00 aeconds East 3.80 feet; thence South 22 degrees 08 minutes 07 �econds Eaat 34.86 feet; thence North 71 degrees 50 minutes 00 seconds East 7.20 feet; thsnce South 18 degrees 10 minutes 00 seconds East 19.96 feet to aaid west li�e; thence northerly along scid weat line to the point of beginning. DESCR1PTiON FOR EASEMENT DEDICATION A perpetual eosement for dreinaye purposes acroas that part of lot 7. Biock 1. TOTfNO 6RACE ADDITION. Anoka County. Mi�nesota described as follows: Beginning at e point on the north Hne of seid Lot 7 distant 65.10 feet eost from the northwest corner of soid Lot 7; thence on on asaumed bearinq of South 28 deyrees 00 minutes 00 �econds Eost along the weat Iine of seid d�ainage easement 29.75 feet; thence North 65 degrees 06 minutes 40 seconds West 47,24 feet to aaid north line; thence eastxiy elong aatd north ltne to the point of beginning. Except the north 5 feet thereaf. Area to be vacated = 140 sq.ft. e of �Ot � N 87°08'25" W �North �0�1� 44» w 51.13 r 5 �7 55 — s _ � 1 a6:g5.�o'' ----�--_ � � — -- � � �� i / �y`' !��•�`�� ._ cr i� iy s��((/�� N'iW ; ``-__��__ ,.. � 40• .i � ��. W \ �. . N � '�� ` i 5 � \ 7 �'' � �}''�°�`�' c � �,_-------- _ ��i � � � Q� � \� � i� ; ��. E o \ � ��' � e�, , y5 \ �' �� 1,J1�° �� Z < � �'' G Np�15E �" �'=µ:�; G� � \ �� EX�S�N � � o_ � r , � � c� N � \ ,1 { _ ,�L , �` � N� \ ,� �', , '' j � � �� i � a `` \ .� .� '--- �� r � _ \ `r Q L _,O � 9� ��Y� _ so 0�4� �L p,,4k I hereby certify thot this survey, pian, or report was prepared by me or under my direct supervision ond that I am a duly Registered Land Surveyor under the laws o e tate M esot Date Registration N� ma I �& $� I . i�� s � � � '�s� �� °' ``I F � \ I �.� � I a \ � _ J� 0 � cr L = 42.96 � =12°00'27., R = 205.40 14.03 . 3 s N � r� �a �o 0 � /Yj �S� ti�, O,P zy �� F� �� Wetiand Delineation per Pot Arlig April 29, 1994 B. G. RUD t 80N8, INC, I.AT�ID S�p�vt1'OR6 �� LtX�AkiTON AH. NO. CIRC�.s PIN/8, MINNt80TA a�m�.�s8 r�n.. ,S�.�ase DESCRIPTION OF REGIUEST: The petitioner requests that the City Council release him from an agreement which required him to sell two single family lots as one unit. The agreement was a condition of approval of a special use permit, SP #80-OG, to allow construction of a second accessory structure. SUMMARY OF ISSUES: The petitioner owns two properties; Lots 10 and 11, Block 4, Sylvan Hills Plat 3, which are addressed as 6250 and 6260 Starlite Boulevard N.E. Each �lot is large enough to construct a single family home on them; however, only Lot 10 (6260 S'tarlite) has a house located on it. In 1980, the petitioner applied for a special use permit in orcler to construct a second 26' x 30' accessory structure on Lot 11. As a stipulation of approval, the Planning Commission and the City Council required the following: "The petitioner shatl sign an agreemer�t with the City tying these two lots together so that Lot 11 cannot be soid separately without prior approval of the City Council." The pedtioner rece.ntly sold 6260 Starlite Boulevard, the lot with the single family dwelling. At the time of closing, the petitioner was made awar� of the agreement which required both lots to be sold together. Staff presented the petietitioner with two altematives: 1) Sell the parcels as one unit, or 2) Remove the garage on the adjacent lot. The petitioner has proposed a third altemative in which he would agree that if the adjacent lot is not sold within 90 days, he will apply for a building permit and commence construction of a single family dwelling. This will eliminate the possibility that an accessory structure is located on a lot prior to construction of the principle stnacture. Staff agrees that this is an appropriate altemative to the agreement signed by the City in 1980. Staff has reviewed this item with the City Attomey, and he concurs with the approach. RECOMMENDATION Staff recommends that the City Council release the petitioner, Jerome Christenson, from the agreement signed in 1980 pending sale of the adjacent lot within 90 days, or construction of a single family dwelling unit if the {ot does not se1L 15.0;. May 6,1996 To: Fridley City Council This request is for a release from the City of Fridley to sell home at 6260 Starlite Blvd. N.E. Release is needed on account of special permit SP#80-06 which requires me to get consent from city to sell property. The property has been sold and closing is set for 5-24-96. I did not come forward sooner because I thought I needed approval only on the adjacent lot. I will agree that that if the adjacent lot is not sold within 90 days, I will apply for a building permit for the property and procede with construction. The garage on the lot has been preplanned for an attached home to be built. I worked with Fridley Building Inspector, Mr. Clark, at the time and frost footings are in place. I also agree that any potential buyer will be required to apply for a building permit within 45 days of closing on the lot. I will work with the city planning department in the process. ; ' �,,� ��% CG��=,�,-_ me L. Christenson /� ,�� ' � f , ,; \. % `� e�--�.� ; nice L. Christenson 15.0� � . --.,:� ��e'�� '" � ` a� � — }+^ , �'�. � ti:i �-. � .. k�r:��,•"',�• -.-ti� fs��:�� , ..��,-�`� ' _ 4 `i 4 n�y� , �„ t'.Fn�-.+s- i. i_.sA...r� �� t j /l �� ' � � � '� r f � � � � � ,f,>'� '► �►:*"- • __ � _ . - . � -- � _.. __ ...._ .- - � ' �- � .. ��*�'.y�,��,*,��-�, " � .. k eya' . t"�..+�. . 0 ' , .�� `Z' � +' . . .. ... . _ _. '�'^tK. " �,�� i � ;. I � �— i � � , ' �,. � ' . �1 �. . O i ;o i i q�� ^ � ,o; I i -. �. . � � � n� �� .�i ' � . � : i._�. �� i. ... .. .. ,. _._...:.. __ . __ � . _ ,. -� ..___.__.,_'____ �..--..._._..._.. .._...�..._.. i,9 —./Z , ' !I i �; i - ! ' �- 2 I I � SI � �� 1- . . . � i �I ' * �'' ..� � .,.. ; � - ' - . � �� ^� t _r[ :.'s+, y ; r. . ..i a� ^'F. . , � �. . 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'� .,` '�•i "�y" . . . � .',TOOP � _� :. � �.� , i .. . . . pt� } � � �. � V }j F ,��j, I � � � .� ' "- I �. --�=— ----- ----'-d+ — 1 ; � ;� C��`% us / .-- -_ � ;�t �, � ( --3 � � ^�' �3. 4 � --i -- w -�- -- -- -:�- � _ t =-- _- -��.�.,-�-_ � - : .�: ..., �,. ,e�.� r�,; � ' G,a zd,�- 15.06 _ .. __ _ . _- ----- -_ �. ...,�._ � i ^ � ��yy �t "3 .� f��( t F ,i "' � �w1"(�Y;�...:�5�"`$ 4':�. � Y ;�" 2: S 5�.. . - ^ � .. vi ��1? x iY ':3" �'1 �:: ,< < . � .�'C ri e ` � �..O�t �i�, � `� t '�T �.� .,- t � . . . � � � , ..,, �, � �, w � 3>:� ! iK < .. 3�� + � �" 'i`�•.,'. f�j �. .;'� �; '�":'= 3{ ;�, .0 .x � �„ Y" ��' ,� .�..- �, � : ' `:� , :- -: ,: � � ■ � � �� a�� 1 6431 UNIVERSITY AVENUE N.E.� FRIOLEY. MINNESOTA 55432 � TEIEPHONE ,( 612)5T1-3450 �ITY ru!1taCIL August ]9, 19F0 Jerone Cl�ri sti anson 6260 Stariite Blvd. Fridl2y, "'n �5432 Or� August �, 1930 ap�-��,ved your requzst for� w?th tt�F. stipuiations 7i�� ACTI�1'! TAKEN NOTICE: , the Fric!i�y City Council of;ici�l7y ial Use Permit, SP ;'8J-06. to ht�il�i a�arage on Lot i:i� eloa�: 11, 31ock 4, Sylvan Hil�s Plat Three 1. That the builuing be use� for storage and as a garage for parking cars. 2. That there be no automotive body or enq�ne repair done on the property as a home occupation. 3. Tha� ttie property should not be used for retail sales of automobi7es or autor�obile accessories. . 4. Tnat the petitioner sign, and have notarized the �:l1TUAL P,GRE�lEt�T enclosed v�ith Lhis letter, an� return it to the City, aiong.4�ith a si�n��_cepy of: thi s 1 et �er. ( If- you want� to bri ng the MllTI�AL A�REE�4Ei�T i n to �he Ci ty;� your signature can 5e notarized by the City, by one of two notaries.) �� _ - �.�.: - If yeu ha�;e any c,ues�ions regarding the above action, p7ease call tii2 C�m.nunity Deve�op�erlt Office ut 57?-3�50. � JLB/�e Sirlc�.t�e7y, y",..�� . ., City Plannzr �,� F1Lase revie�,� ihe nated st�pu7atio:�s, sign the statemeni bela�, and r�turn 0I14 copy t� _h� Ci,t�of Fri dl ey. ; � �l C';/�` �-�� . � Cci�:;t ��' �_ ction taken. , 15.07 �..—�.� STkTE GF P�Ii:PrE;UTA COUN7Y Of kA'OKA 5¢iL';i55' MUTUAL AGREEt;cP�T � THIS AGREEhiEl�T t�ade and entered into this �� 19 80 , by and between the CITY OF FRIDLEY, a��nnesott�j hlunicipa) Corp`on, loc`�ed in I°,noka County, Niinnesota, and JEROME CHRIS7IA�lSOW, 06lt9ER. WHEREAS, the oarner o�.•rns the following described property: Lots 10 and 11, L'loc ._�, Sylvan Hilis Plat Three, the sa��e being o250 and 62G0_Starlite alvd.. M. E, WHEREAS, the ormer tias applied to the City.for a Special Use permit to construct a garage on lot 11; and 4lHEREAS, in order to n�eet the requirements for the construction of said garage, all of the above described property is required.. • NOW, THEREFORE; be it agreed between the parties that the owner, his heirs, successors, or assigns a�il] not convey any portion of the above described property to a third party �•aithout the prior written consent of the City. : . BE IT FU�iTHER AGREED that this Mutual Agreement shall be recorded with the Anoka Cbunty Recorder and serve as notice of this Mutual Agreement to all third parties. _�::::�. IN TESTIP10tVY �JHEREOF, The said Minnesota Municipal Corporation has caused these presents to be executed in its hiunicipal Corporate name by its City ,, „Manager this 13th day of NovPmber , 19��_, � '•`� � , ��, 1��'; CITY OF .�• FRI�LEY ._ , .,, -,-}. � :,' .f j' ,i,f._+�� ~,YZ •M'�. j J �' ' w � �' �,.;`` RY ll• ��-r'c.i; /� -�r^ „,�. - • Nas mi t1. ures � c�_ J; '�r� �, •� Its City Manager ' STATE .OF I�INNESOTA) . COUNTY OF Q�p;<q � ss. • �. The foregoing instrument �vas ackno�vledged before ne this 13th day of November 19 gp, by tJasim Qureshi, City N:enayer, of tF-ie C y of Fri ey, a un�cipa orporation on behalf of th� Corporaxion. �kM.AM,tiVWlJ/.M/�n,+JJ `.1•:�.^/,n.MnMM.. !:r"'" L7:t:!!i :. � { « J t � �Y:.4:�'!I $ i.,r A..'., . . �i'::ESOTA ? r+ , / 1 I � . C/ c �7� :.-a�hsic:� i. •i:;s Ctt. 14, 1983 � ( , I N VTES�f I�6�V�`°'�1N�R�4�'; '"i''Ii'�'"� a i d \. � � � � owner has hereunto set his hand this 13th day o� r November . ( 8—� : • � �<< � STATE OF MINNESOTA) � .. COUPlTY OF ANOiCA � ss. � The foregoing instrument ��ias acknowledged before me this 13th day of ��n„ ,• 19�, by _ . (�!� , � /•� � ' .��, P�otary pu ic THIS INSTRUN,ENT NAS DRAF�ED BY: City of Fridley 6431 University Avenue tJortheast �!;�� CLYDE V. MORA�M�'2 � Fridley, hlinnesota 55432 �� r� NOTARYP(iNU�—h11NNES07q ? �`,-��x ,. ANOKA COUNTY � 61y Commission Exp;res Gec. 20. 19"00 ? ♦�ro++r�+ra'"N`'v'N�v+v.�.,+....,...,•.•. � 0077A/0674A ' :� . 15.08 �:: ::�:; _ . ,�,,,.ri;,.. . — - - .-. - - - � --' - - -- - - -----------„_..�. _. -___ ..... _. .�. �. _l � .i u J. � 7 .L� `� fi U � � � � � � � � � � • �� -- �'If'C 2 �, /�.. ,�2-tr. T,�n;�enf.eJ.d sLatcct�that 1�e di.dn't }lavc any Pr lcr.� :aii-h rezonin� tlzc pro crt a�lzcr_ L}�c pr.oPcrt�• j,lst to tac souL-h was al.,o CF � zonin�. T'his woul.d not co �lit4le �por_ rc,oni.n&. / . . . � � . ! • - � t`r. f � -dr�►an sLati�d that if �li Plannut� Coi �uS'IOIl uppr.ov this request Mr. _ ?3ur.n3ndL shouldp-'�e au�are of L-h %rcquiretaen of C.t-1 a.�iig ad zceiit to �- esidcutial - distri.cL-� � - �� • ; .. 1u-. P,urnan�dqt �Statcd thaL he had a copy � � + � ttz,. zonin� reF;ulation . .$oardmari sai.d [-hat a scre' ing icnce would be r ua. d•��hen the property is co' sted. � " .� - 1�ir. B.�rnan�it stated that this was n�t a requirement when he rez�� the property t, the South. �'�:ile �aid that tt�e Cq�ncil allowed l�im r_o: bui.l�i witliotit the fencebecause. property:'oc=mers` to the North said''he didn't want' thc f' nce built. L �f � � `� � � -. The �pr1oper.ty manager o 910 }rn�de Drive, �`h'ust brth of the pet�tidier's property) �tat�d that she LJ3S��`CO'cE�rne� abogt the pr .t bcin� Y d iezozed to conm�erc-ial Sti� has Lcnants c�hi.c��face this property and if a s reenir�� ience �aas put up it w rc�.an ttiat sone ef her tenaats will be lookin� at a wall. . 'll •'t='• B�arc'�ean said that the pnrki:,g wo�:ld�uost l.ikel_y be locatel in th�•_�froa?.t oL'the ��c��lding,� � nd may �ause some pi-oblems for the te�auts Co L-he nortli, ,;� � � � �% I•fo •ion by 2•i,^.�s. I�ugiies, seconcled b, M � j • ' 1$. .�i3�ln� i:lla^..L �:�?P. ��r3I1?2?i� \ � ' ' � g; Cor.tmi�sion el.�se • L`�1C.' pu�,'li.c'•,,Z1�F.Y.7.?1i�' an xezoni_n� xequest �0�, ;;,�apap2� U1, Ted ��r�anntt �k Upon a voicc vote, a1X vetin�g aye, Cha•irr.zz Harris a�� ; �a the public hearing c1os;Ld ut �;�p P��;� t=hc 1�i3iXfl� TiY P;S . t,�tiGEiiS , S�CO\DED �;Y MR. �F�Iv�FTLD, 1'HAT THE �i.r'.'�:'�TIi�G CC}:��SS?Oti ' �L�i:Qi�ffs21D TO CIT.�i' COUNCIL 1'iPPRC'JAL UF , Ov �vG F.L(jUEST,- ZOA �5�-02, Y ty� BUItNAit��'�',� �/)�/� St�TtiG AL� , TO IcEZONE P11RT OF T 3. UAITOR' S� SUBDIVI�IOid T0. 25 (P�RCEL 110Qf, FF.OP' R-3 (�'"ItipZe family dV� 1 ings) TO'. CR-1 (general of ' e and -1' i::�d busines:;) Tt'L SAr""� E t _ �.. � I1vG 921 iL �dIAD P.OAD N.E. _ UPON A V CE V E, ALL VaTING AXE, diIRMAh 2IAi�.RIS DF. LAF�D THE r ION CfiRRIED UI`*A1dIi4IQU$�X.� „ - ; • ��.'>.'Pi1FI.xC HE�S.�II�GM RE UEST FOR A SP�CIAt»USE �PERHLC�' SP �80--Q5 fiY JEfi(h'�1E �.T '' � �'ex"SecLioi3 2DS.SI ?., A9 of.the Fridley CiLy'Cod�� to a��ay� L-he constni�tion �� ceco�ci accessory buildin ZO tt.. .- b oi a �� .� - � y�26� ft, detach�d �ara�,2� on 2oL-s 1J and 1I, }32ock �.; SyZv�n Hill 1'].a� Three, th� same being b260 Stariite Blud. N.F, ' :� : • : ri�. Je�o:r;a Cl;ris�enson, the etitioner P was present. SrF (��SD oS;r��-�-: �t_.�c;._j r�0'�IOIr' a� PSr. �L3ngenfeld, seconded by 2•�. Tdharton, that Lhe I'Ianniizg Co:aniission .a�en the puUlic hearing on the request tor.a Speci3l Use Permit, SP 1`SO-06, by Jerome Ghr:i.s�enson. Up�n a voice vote, all t►otin� aye, ChaiLZnan Harris declared tne pubZic 11C.3i']11� open a� 8:_02 p.m. � Tf1. I3oardmat, stated that tY,e geta.tioner i.s interested in building a 26 it, x l�Ill'1�(� oil ioL' �1, ancl lie wi.1J. use it as a stor�z ;� , 30 ft. € �- �ar�gc>, �fr. Dp1ilcllAc^�Il :>t�.ted that the sCrtff �,�tnts Lo tie ttic t�ao 75 f.�, lots Lo�et��er. �,oLs lU ar�d -11 to�ett�er ��"i1� »>��1�� a 1S0 fL, lot. Tlie spccial-use perr�it is f.oz a 2nd ac.r.essory bc�il_din�. T„c anl)• �a,:y he can bui.J�ci Lhe �ar<:�e is for the lot: to �e 1e�a]_ly ticd to3;ether. 7 t i;a t}i�• j�Ct1L1011L'r � S inLeiit Lo uuild L'h<". �11uF� not��. � 15.09 _ . .... .. .. ....�, - Jul 9, 1980 �p�anriin�, Cotiuni.s`;i.on Mceting Wcdncsa1y, Y _..� — ;'<3>>�s: ''�'�'s. �#.�,�? - �.,3�?��y"! �'f'•'?}s�' •��:�f3�: � 1'�gc 3 llu �I1c_a nslccd tlie peritionez ho�•� fnai: hc ��au�.d need -Appzov�l on tlie requcst? 'rirt�. L � Iir.. C1�ri.�Lcns°�` �1'sr�cred tliat he wanted to sL-axt building the �ara�e in �he f�tll. rl�. jaeK. �eAr7.e, 6231 St�rl.it-e Blvd. I�• E' egfor alresidentialraxea,manxid thnt he owncd? ile said L-hat the gaxage seemed laxg e��.tionex had too in�ny irefcrred to keep it a xesidentinl axea. He saidctitionex�s intenti to bui:ld ltis �;ara�c r.,�les, ru:d r.hat he sexongly opposed the p . . gara�c. . � i:x. lIar.xis aslced i�' L-here was any turthex discussion. rirr. I��F;l�es r.�adc the sug�esrion that the hearin� be continued at- fuL-ure meeting. She aske� the Pe��iflner if he had any objection.to a sli:ght delay. :-..-...:- � �ioLion by t•ir, Langenfeld, secanded by t�r. �ti'l�arton .tha �F *}�e nlanning _Co�nission clos .r. LLz pabli_c. liearing �n special--use perni�ZC xe�uest; 'gp �Bp_p(, �y ,�erome Christenson . t��,on a voi_�e vote, all t�oting aye, Chairman l�arris declared the public tiearan�; closed at fi :?_5 �.iu. _ ,�p-;•I�;� ��, t�i.;, iiughes, secon�?ed by �Irs. GaUe1, that the Planning C�mmisszQ� Se Lion� f:}�e rectlest foi: a Special Use Permit, SP 1`£30-06, by Je�or�e Christenson, p.-' �t�a,p521� 2, A, of the Fridley City Coc�e, to allow the construction of a�he�sane accessory Uuil�;.ilb on iats 10 and Tly Bloci�$O. Syu on a�voicelvote,rall v�ting �..r_t', bean� 62Gfl Starlite Bivd., until Jul 23, P . CtiairT;�an Harris decl.ared �he motion carried. _- �b�, �tinyNF. E. EI'., SR.: "'�°� ,.,,n" � cvF�-rnT. t?SE PEF�Li. T, SP � 80-0 } 3. I'II�3LiC A�L�RI?�G: �' --�'�T Yex 5ec�ion ZU�.St 'L, sir.o].e car gs�:age to a 2 ��., 24 ft. ' A�dii" n, �e same � � � ,Y:of ttie I'xidley City Coc'�, i11 be used as an accpssoxy' ached baxage (alreacly buiit g 814 66th_Avenue I�.E. Tix� Ek, S�e,- he Petit�oner ti�a: �fGi ION hy Pir. s. i h s, �conded by 1`;� . the puUlic lie.zr g on �80-07, Uy t� aye, Chaii�an a r3.s- dec red the p� / �`Ss F�J2.a. S�.c1 d �.t ��2�' A!1C� 1�i7 �.I ano �l�er S f�. st�.te� hat the sta' oes na � p�•esent a11o�� on t 7, . ehi�ting atta;.h the constru��i . �� o,c�t,�2; I�feacio • ands �feld, that. the Plannizlg E. Ek, Sr. Upon a vozce hearin� open at 8:29 -p.� one�`s intent to Uoard s pxesen ra� r.eat Lo �he exi.st' fi gaxa�e. any oblem wi.th L-hi xeqtiest. rioLioi,7/ }�}� Alrs. ltu�ues, SL��,.v..� , C•1`.�f.i. C!1C �%?;Z��ic licaxing on SpPCi.pl�Use Upon a voice �rote, all ��ot�nb a} e, Chai aL- fi:35 p.�n. ..� - ,.-.- nission open , all votin� garagc up Mx . Bo �xdir�`�n �,�ngen�eld, t1iaL- �l�e Pl�n�ing Coi�:issioa t, S�' ��30-07, by Zd�zyne L. �k. , Sz . arri.s declured L-he pub].ic heaxi.1g c�osed rtr, �.r;�zrton s:zid hc �aoul�d l.i.ke tu see 2i 1CVj.CS�lAi on't an�r�ui?L- ot L'9.me liad ppssed. � � �:eqUest mude a�tex a cex�ain Tirs. Ih��l�cs sui.d slie� �r,reed L•h.iL tl�ere s'.1o��ld U�� xevieta�l ot 5 ycrzx:; hnvc"I�acscd• Xn this �imc i:l;e L::n�i.l}T s�.r.� may htzvc ch 15.10 c siLuati.an �f-ter r�r � / �/�" Q i� • • cx� or• 1� 1:IllJ.r�: - . ��,�r�ti�c co:;.�ss�.�o11 1-L�L•rzNC, .rr�,�• 23,• ].�a� - - - - . _ ._ _ . t:/tiI.L 'J'0 U1;UI;P.: Chaizman }iarris called the.July 23, 19£30, Planning-Conunission m�etin.g �o. �� c�der at 7:36 p.�. . � • . . RQT L CAT,L : ' J�fembers I'reseni:: �ir. 1Tarris, Pir. Treueai:els, Ais. Gabel (fa�: I��s. Schnabel), r1s . liugries, Pir_ , l�iiartoa " _ I':•.^-_IT1ilC2'S �L�sent; 2�lr. Lan�er.feld, Mr. Oquist u;��:�rs Presen�; 3elrold Taardman, CiLy Planne�: Jero:ne GhxisLenson, G2G0 Starliie l31_vd. Ti.E: tla?lacc Searl.e, G23i ��arli.t.� }31vd. I�T.L. 2•:r. & tlrs . Cxrl Cll��is�enseii, 9950 CoLL'OI'iiJOOCI SL. id.le'. 2;r. �� I•Ir�. Charles .J.,anger, 6530 l�i��.o�y St. N.�. ' 2•1r. & i�irs. Loais I:ash, �509 ],a��-Ttit�er P.oad T�i.E. � Lur.� 7.1e �� , Sko;�r�:n, 6003 .:a3dena Ci_r�ie . Forresi: Iiel��ille (ll S J� Cc�*:�tri�cLiei�), G426 rtarxt:*obd U;,_ve,` C?_5�s;_r�= Eu�:a' �-� i f"1 �l., 133 Cz a_ig�:��i�. t�� . E. . ,. ,,s . � 3•iary A.i� ,I:o�� . . -- ,~�;PF� OV1=?� GF .1`IJJY. �, 1980, Yi,�I�7I1�G C+��J�LL'SSIOid -�fI2�[7'1.'FS: � I _A'OTIOi1t .hy��is . Hughes, :-seconcled bS�:,�I�.s r Cabel, .to conti.n:ue the.�;.approvai of .� :. i:he �'1<nnixU �Comnii.ssian, ini.r_utes. at �the`�end of. the �agend�. � tTpon a��oice l�ote, �� ,� . ail vati�i�� aye, :Ghaii.-mau Flarris 3eclared �the rotaen carried uria�i.znous�y. � � � _ ,.a : . . _ • f I 1. CO:�:�`:Ch�TJrD PU13�.,IC I�.AR.T.R'G: �'.LQc�Sx FG?2 A SPECZt�T. I�E� P�P.�iC'�, SP w.S�-QC, f I �`� IiX �ii1T:0:'fE C;iF.:CS`��EfiS�\: Yer Seci:ion 205.�51, 2, A; to all�c�� tiie const.r.uction o� a secc��c� accessory L-uil.dii�g, a 30 ft. by 26 f:t. C�C.'t1iCi1°d � na. La�� on. Lots IO .aiLc'� I1, Biock 4, Sy1v3n k;ills }'iat Three, the sam. ' . l��ir.a (�,H� �Lail�re R7�� ' ' . ' . 62So - Gsi�.sF /s o.�. T.r,s L.T � . Fub7.i_c T€e� �?n� closed. 1;�, l;oarcir„a.t statecl thaL- at i:l�e lasL Pl.zunxr_g C�naiission Lieet-ing, the C�aunissie�i reques ted a lega3_ opizion oi� ��>i1�1i Lo .do .�aiLl� this �econ�l zccessory b.uil3in� .; 1Ie ]�zd L-��llcecl t� ri�-. �l4rrick and I�ir. Iicrri.c�: indicatcrl L-hat they could ra.e � ihaL prop�?-L'y l.cf;ally I:o thc o�licx lot ��iL'hout any. nrobl � ms 1s fax as n�ortga,r,e 1>�oL-lcr:,s . 7�ir. "tI�rr.ick liad ii�4icaGed t-l�at the anl�• �aa}• �he m�rt•�<oe coa�pan}� � could spx��ci �lini: i:iort�aEc ovt�r L�.o X�ts woi�ld be if lir. Chrisf�ens�ii t:i_�:�eli si.�ncu a». at;�c:cmc�;�.� tc �o so and rI;<�� iL- �:c»lct r�oL• auL-.umaticall�� co��er boL-�i 7.oi.s . 15.11 � � _ ,�..... . _, �';.,r�?;1t�i7:NC C0� �t•i7:SS70N P11::�'�'-rtyC .7UI.Y 23 1. )il) � PAC:1i 2 . . ------________.__�_____ . _--� ---L---�__.-------__ . T;L .�oa�-ci,uan sC::Lc:d Lli:it- 1�1r. }icrxi.c:'r, fv7.t tnis ��as �he o.zly ��1y of liandl.i� � a�,�concl acc�:;::ury buil.di��;, i>ecause it was illep;a? lo coi.istrt�cC a�ara�e on � __ _ a I�� L1�1L- d:td nol l�ave z main sLrucL-ure. �l�e only c�ay Lo do iL- is L-hxough a ��.eciril. ilsc� �,erndi, but- Li.e ti�e ��ao lo�s as onc lo'� which would require a lot : plit l�c�_or.c 1�1r. Cii�i;tensoit crn:ld sell oFf aay ParC of thc propert��. i•ir . Ilarris asked if Lheze �aas anyone in the audience who t�ished to make a �Lat:emenL con.ccriii_n.g t:l�i,� i_�em. !�:> no one reesponcicd, 2�1r. Iiarris stateci L-I-ia� tLc P1<Iii:iilf; Commissiai� t:*ould iiot xeopen th.e public hearin�. ' • ?•ix , ilar�-i.� st:aL-ed he h1d L-IioaghL- i�:i:� anci hard �bout tl�i. <nd ]iad 7_oolced at tiie area . 13.c� could ��iiders tand rhe �;eti.tioner's desire to build a secand accessory bui_ldin� ailc� coalc2 alsa undersLand the ucighbors `' conce-rr:� tliat ti�e seco:�d �.cce:.�ory t�u;_lding might be used ;�r aui.o b�d�� -epair or repair or atii:c,;ucbi7.es, ��7_se L'11a�: xt migliL be used as a nei�tiborhood saies lot. ?Ie st��ted tl�a.i �.� I:Eie Ca:nnission does �reconmiei3d approval of: thzs spec�_ai u,e n�rrai_+,_, �_e felt so,»e sti.pulatior.s shoulcl go with the recc��n�rienciation thaL- :�� slci 3'eS%.Y_;..C� I'i:i� cESe U� t_)lai: i�tli�_d7.Tlg. J�is . I3t��;he.s st.aLed �hat s�netliing sir.:ilar had 1?apper_ed i_n }�.�a_ neigl;�o.r.2iaod C.�]c:.;:'(_' � T;.i'1�f?I)C�t G}.r�?.'1.�..'.Cj 1 tY10-.^.17' b?1"2ge i:0 � fp:ll'--C1� 4�?�_u�e t0 C�O dll�0 --e,�r:i.r, and it: h<tis �.�ot L��r_ a proble�n as lonv as the garuge c�o�r is ke�+,: cl.osed . �Tl l_^.U.`�'L �.11Si:d.LCCS 7,11 L.ZiP_$(� Y�,jZt�S .OL Ili.1��D023300Ci:�� ,�'_.il�? LdBS C_OS7i�2Z10E'� i:;12i: t�1� Ti.G].C�,'. 2,11C� �',C?l^1'��. £:i?1•^_.arance C011jf� h�_' c�ntrozled, biir SilE 1•f�J P_Ot li: f3VC� c� srecial L�•e t,,�i;�ii:s a.11 ilie L-zr,.e. �'he ��I�nr_in� Co�issi��. see�,s L� �•�': a lov of the:^: SI�: �±-at,:��- �ha� �,t _s�ea��d •�he;� u�:.ght be doin� the :�eigi-si:;;_ho�3 a f�var U} allo�rzr�`; L-�is s�eciat `use pez-c►it ta get sor,►e of Lhe vehi��.es uade:- & ].oOf. . � � ,r�sr .,�;- r i,..:< - Ms. i:�bel st4ted she.agxeedxwith Ms_�N�ghes:: it was her�feeling tha� this �aas a r;ice r.e%gliborhood and ir migh� be to ��e ne�bhbors' advan�_age to get L-l�e ;-E'}2].CIGS ai3t- oi sight. Repairir.� cars is'noi:`='an alloc•�cd •ase in t��at r�ei_�t-abor.h�o�t; and iz �lia� is l�appening, it can 1�� reso3.veci-.on a co�iplaint . , �� ._�__._ _ . 8 G J. S . _... . ._ _�_. _ _ . ..__... iil< 7�c?'L'J.i s�.ateci LIiaL' tll�' �.'OilLi?1SS10T1 CiiT.l :nakc� {:j13i S�?,Il,ilation SG t11�1� i.�l(.' �"' , neigl�i�or_s a�2d Tir. Ch�-iste?is3n i�o:•� that the buildzng is being i�uz7_t stxi�ti� � �R zo� stcr��e <ind not ior a home OCCliP3�101.1 o-L- au.t�iro��?e_repaii,.or that ty�e � Or' L'�IiII,4*� . � . . -" . . ?1r. Edha�,Loii sL'zted th�� ar t:he last r.ieeting,_onn �i tii� �ei�hbors tiad in: icat:eci tiiaL ti�ere .i:�exe "too ir.an� garage sa2es:" i.e sta�e7 tt.at t,rould be a harfl t:;11Y1�; Lv re�f;ui.atc�, l.ui: it- �aas a neigl�bar's conc�r.n �3n:1 lie �aanL-ed L-o bring it up. . Ms , lIu�?ies asl:ed rir. Cltris�enson if l�e had �oCt�n an, legaL advice on thi,� j�r_ c,.�cd L��e . Ptr. Chrisi:.::ZSO11 s�ateci lir l:ad. �i�;L, ��nt. hcs i,:is i�ot iaite�-esi-�d �n rhe speci.al Lt;�C Oi`.2.7:1:1_i� ] f 7_�: 11'..V`J�.`J^G Ti:%i��.',,11�; Lti:�C �OL Ctt{: O� t:lJU iOtS . . ...-�...�_...._._ _....-.... .� -.._�. . ...__._ r.,.... � •.. j�,�.� - -- , . . . . , . � . . . .. . ac.--�- ` � _'� !� i _ .. . . ... . . . . . . . — . .. -_ . ^s'. . _ . . _ . .-^t._y....y. . _.-_- .. .. _. � ,.,. .,, ,�. •�-- r;, .;r•�:��r�Y�, 7,Ii.�� i'S 7.<�so _ ._ � _.._.-..''!,t:�: _s - ., • j� I )'j.i•i �� 1 i,., (:C).v. � ..... .... , .. ---�---------�) __._--_-_ _------- -- . - ;•ft, };r_,t��'clut:�3� c;:��lai.ncd t.3i:�C i:l�cy �n_:r.c »oC t�ci.u:�ll.y inn',ci_ri�; iL' i.rL'c� c,nc 1.oL. . _ 'f'�,�••�, b:cT[: 1_7.C27)t, 1:llC. (.l�.i: �.i,C:; Zc�i;ul:iiC]: :U 1:�1:1L T�i):. �:!U_i:;l=C11::0!� COtI�_C� ticli: . • , � t.. +, sl>1. i_1� . Tl�r �,�ott�;:�f;c ou tlic onc • c:J.7. tlic c»ic, l.c,L- �:�3.Litciut: a.�...,ini.n�;'<� lo.- 7.:>L :i�u! 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O's� �;ll£',. �t•? 7.��u�. � 2, (' ?�� 1it � ) l.'' t'. -: ' " �r>�� ^ l'1 r` ":��; , 'l.f).r "�'0-O.i. )�.l'" G1):I, ij: ' �f ,� , i � i ,t ; 1.i__.F, i t>G =� � � -.� __ __�__ F- � � i• _ - -- � 2� c 2�� 7 ! • r i-i (` '\. - i � � � (� t� 1\ ' ��C'i,il!:�: �JC4J : 7 � 1��- � (:�� 1.�.f. ��f�j M1 yi,t>!�i l.�l�� )�1:. � _..:_t:t J �.� ---- � � '� - �� - -, � -�--;�- '------- ----- � Cii•iC�.� ) l:_; i:h �:-: ��C71C'.Y_'A�. Lll� � 1C ;� . i_.. c�:i�. .-� . :.r., �:: l �:.ti1 L1� £�:u:i.l j' ; � , ,i�::: :;) , <�z�� .�.at ?_I_ f-ron (:P.-7. _(�;C'.11C'?:ci.I Of?_7.C(.' ' � ? i3i�i.i:eci ,>us, tess) i:� � %--:- �ti�(`i1::11�. i L:S'i1F'`�S �l:d'(`�cl � Ii�.� �.ni^�l��i.' .- �7�1 �: <OCi: � � r):.1C��. _� ��11'i:� �O I � �u .. l:i. 1�C `LO'_�iJ_]1S� Cllt ci ;j�.•-.i'ti_ li7_i:�l' li5•: L11 L:1(' 1 7:0`�i 1 i_jT .'! i<dll :;U�: Un�j�� '�7ti7>> L1J(_' i L?:ii�.' L�L'-J.l��. �� i!_�_._?`.�. �+,7_'�r'" 1I\t: .i! �:�.li _�j . . . . - ��ll'f)�.7_C. it("';.f_ :.1!�'�U�) 0 T•i: .!i:.il�l�.... .;t:;l�.l'i�. i:l:._$ 7.: 'li1 \:�:�5 i'Oi.i=7J �.?i1i1 n.ii't)1 t.�ii.: � .•l: 1::''_C-�..l.�li�� ('_��iL!iL'. .. ,;1', �;:-:1_ 1._;i.(: '�:Ii \�.'il: iiC)�., 1�:. �C'-I:i.. . . . . . _ _ - �-- - -�-�- - � - � -- -� - --- - .-. ._.. " �:f�i.. ��!�•:i.:l .=S::IiCCi '�:�t(` Yi:tl::tl;l :�i#.'. �:jl�!�J..`i�.. .. ..,1 i�':::. ltVi: �)2'l..`�C11� 1!� .t!:(_ �.:1:'.L '�; • � .! ` � 1 11U•'.=1CC' (5i �?.:i)� 1C i1C:i1].lit� 1.11 t:ilt; l:;.li:i:l.ii�` \2:!:. �).:C:tll::C.` �lC li]_�.� L:)L: )_ 'l'CI .'�: 1;.. � . Iii�i?.� . . � . . - 15.13 � � � � lk/ I OF SPECIAI USE PERF7IT, SP �30-05, TO kLIOW CONSTRU�TION OF RY BllILL�Ii.S, A Q�TACHED 6A��GE, 6250 STARLITE BLVU., JEROM Hr. Ftoea, Public �ior�s Director, s:.ated the planning Cor!nnission has recommended approva] of this Spetial use permit k� th severa] stipulatians. These are {i) 7hat the bailding be used for storaae and as a garage for parking ears; (2) That there be no automotiee body or engir�e repair dor�e on the property as a trome occu- pation; (3) That the property should not be usec for retail sales.of automobiles or automotiile accessories; an� (4) 7i�at the lots shall be legally tied together, and any separate sale of the lot vrill require lot split approvai by the City. Counciler�r�� Moses asked Mr. Christenson if ne had any proble� with the above stipulations. Councilownwn Moses stz±ed tfiat legally the City can't have a lot that �nly has a garage. Hr. Christenson stated he didn't rrar.t the t�:o lats combined as the vacant lot is all paid for and he has a ra rtgaye on thQ.other lot. _. _. F1r. Nerrick, City Attorney, stateC �he only way the City cou7d grant a specia] use permit for the Sarage is i` it :s an accessory buildi�g to a main buildirtg. Nr. Herric: stated joining the two lots kouldn't affect the r�ortgage, but would require Ca;:ncit approval before he can sell the lot independent of the other lot. Mr. Qureshi, City Manager, stated a docrnr.ent would be filed on the lot, where the propos:d garage ti:ould be lecate.::, to indiclte the lot cannot be sold with- out prior :.aproval cf the City Coun��I_ t�ir. Christenson stated he ��ould have no proble� t:ith thi; requirpm2nt. F1r. Chris�enson stated if he didn`: nead a lot split, he would have no problem with gettir:� approvcl fro� the Court�il before he sells the lot. Mr. Qureshi stated the City didn't xr�nt a iot with a garage cnly, Lut x�anted to make sure there rouid be a struc��re on the lot to go �,�tin the garage. Mr_ t:_; ��c�: stated an agreement shc,vid be ent _. ed into a�ith the petiti�t�er and � this file;; with the deeds on both lots so th�t if a potential buyer were to � , examine the adstract, he would find there is an agreement that the lot cannot be sold rrithout obtaining approval from the City Council. c � 1 1 i 1 Councilwor,�.�n Moses asked Mr. Christenson if he had any problems wi±h the other , stiaulatiar�s reco�nded•by the Co�is�ion. Mr_ Christenson stated fie had no problems rri th these stipu3ations. � • ; Mr. Myron SjosYrom, 5240 Starlite �lvd_, a neighboring property owner, stated he would prefe.r to see the garage c�nstructed in order to house the +�ehic7es. MOTIQN by Councilw.or„an Fioses to c�racur rrith the recoim+�endation of the P]anring Car,mission and grant Speciai Use Permit, SP n80-Ob, to allow c�nstruction of a sECond accessory building w.ith the following stipulations: (1) That the build- ing be uspd for storage and as a garage for parking cars; (2) That there b� no automctive boc�y or engin2 repair done on the property as a home occupation; {3) That the property sh�u7d not be use� for retail sales of automobiles or auto- mobile accessories; and (4) That tfie petitioner s:gn ar ayreement with the City •tying these two lots together so tieat Lot 11 could not be sold separately, with- out prior approval of the City Cours�il. Secorded by Cou�cilman Barnette. Upon a vo�ce vote, alt voting aye, i4ayor t]ee declared the motion car�-ied unanimousiy. Fi0TI0i� by �ouncilman Fitzpatrick to receive the minutes of the Planning Cor�nission Meeting o� July 23, ?980. Secondc-� by Counciiwort:an hloses. Upon a voice vote, al+ voting aye, P�ayor hee declared the motion carried unanimously. � � RECEIVI�iG �ABLE TV h.INUTrS OF JULY i0, 19�0: . h10TI0 by ouncilman Schneider rec �e the minute of th " ble Tele�ision ComrnTS n Pteeting o� Jul�y 10, 19 Seconded by Co`anc�lwom�n � Upo : voice o, all voting ay k� tkee lasc�d_ thQ motion carr' d u�a '� y. � � _ ___ _ __ _ ' � � i 15,14 -- - -_ __--- ----- -------=--------__-, J �-� � � •�I��ni .� �� I�_��► ■►��r��: r.�. �:% ut.. nr 11� i ,: RESOLUTION NO. -1996 RESOLUTION SUPPORTING THE CONTINUED OPERATION OF COLUMBIA ICE ARENA BY ANOKA COUNTY WHEREAS, Columbia Arena has been used for indoor ice skating by youth and adult hockey players as well as for a variety of other skating purposes since its construction in 1969, and WHEREAS, Columbia Arena's two ice sheets provides skating opportunities for skaters from Columbia Heights, Hilltop, Fridley, Blaine, Coon Rapids, and a wide variety of other areas, and WHEREAS, Anoka County provides a wide variety of other recreational opportunities such as Chomonix Golf Course in Lino Lakes, Bunker Hills Regional Park (including the wave pool) in Coon Rapids, the Wargo Nature Center in Lino Lakes, etc., that serve specialized recreational needs of Anoka County, and WHEREAS, the residents of Fridley pay taxes to support these other recreational facilities that are located outside of Fridley, and WHEREAS, there is a demonstrated need for indoor ice skating facilities in southern Anoka County; and WHEREAS, Anoka County is considering selling Columbia Arena and supporting a large centralized ice skating facility at the National Sports Center in Blaine; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley formerly requests that the Board of Commissioners of Anoka County continue to operate Columbia Arena as an indoor ice skating facility. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ATTEST: 1996. WILLIAM A. CHAMPA, CITY CLERK 1 s.O � WILLIAM J. NEE, MAYOR 1f�96-43