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PL 03/04/1981 - 6753AMEMDED AGENDA PLANNIN6 COMMISSION MEETING CALL TO ORDER: ROLL CALL: City of Fridley AGENDA 41EDNESDAY, MARCH 4, }981 APPROVE PLANNENG COMMISSION MINUTES: FEBRUARY 25, 1981 7:30 P.M. PAGES AT MEETING 1. CONTINUED: PU6LIC HEARIPIG: REQUEST FOR A SPECIAL USE PERMIT, (16-23) SP #80-13, BY 4JALTER J. MILLER: Per Section 205.051, 2, A, to allow an exisiting accessory building 14 ft. by 20 ft. to be moved to the rear of the property and be used for a storage shed, and a new detached garage, 24 ft. x 30 ft. to be constructed on Lot 8, Revised Auditor's Subdivision No. 21, the same being 945 Mississippi Street P�.E. Continued from 2/4/81 Pubiic Hearing Open 2. PUBLIC HEARING: CONSIDERATION OF A REQUEST EOR A SPECIAL USE �- � ERPtIT� , SP # 81-81, BY PAU� GAYDOS AND DAVID MENKEN: Per Section 205.053, 3, D, to allow a singTe family dwelling to be converted to a two family dwelling, located on Lots 2 and 3, Block 1, Berlin Addition, the same being 4042 Main Street N.E. 3. PUBLIC NEARING: CONSIDERATION OF A PROPOSED NOISE ORDINANCE: C! �e �•. 7�. Pubiic Hearing open. OF TH APPROVAL OF THE MOORE LAKE REDEVELOPMENT PLAN A. Resolution approving the h1oore Lake Redevelopment Plan and filing of a project Application to the City Council of the City of Fridley. APPROVAL OF TAX INCREMENT PLAN #T, MOORE LAKE REDEVELOPMENI A: Resolution of the Planning Commission of the City of Fridley, finding the Fridley Housing and Redevelopment Authority's Tax Increment Plan �T to the Moore Lake Redevelopment Area is Consistent with the Comprehensive Development Plan of the City of Fridley, NUED: PUBLI $, OTHER BUSINESS: ADJOURMENT: AMEN : � 21 - 24 SEPkRATE SEPARATE SEPARATE r b CITY OF FRIDLEY PLANPtING CQMMISSION MEFTING, FEBRUARY 25, 1981 CALL TO ORDER: Chairman Harris called the February 25, 1981, Planning Commission meeting to order at 7:33 p.m. ROLL CALL: Members Present: Mr. Harris, Mr. Treuenfels, Ms. Schnabel, Mr. Svanda, Mr. Oquist, Ms. Hughes, Mr. Wharton Members Absent: None Others Present: Jerrold Boardman, Ciiy Planner Bi17 Deblon, Associate Planner Kathleen Callahan, League of Minnesota Cities Thomas Brickner, 6249 Ben More Drive �avid Harris, 470 Rice Creek Blvd. See attache� list kPPROVAL OF FEBRUARY 4, 7981, PLANP�ING COf9t�ISSION MINUTES: MOTION�BY MR. TREUENFEZS, SECONDED BY MR. SVANDA, TO APPROVE THE FEBRUARY 4, 1981, PLANNING COMMISSION PiINUTE5 AS F7RITTEN. UPQN A.VOICE VOTE, ALL VOTTNG AYE, CHAIRMAN HRRRIS DECLARED THE M�TION CARRIED UNANZMOU5LY. 1. PUBLIC HEARING: CONSIDERATIOtd OF A PROPOSED NOISE ORDINANCE MOTION BY MS. HUGHES, SECONDED BY MR. �UIST� TO OPEN TXE PUBLSC HEARING ON THE CONSIDERATION OF A PROPOSED NOISE ORDINANCE. UPON A VOICE VOTE, RLL VOTING AYE, CHAZRMAN HARRIS DECLARED THE PUBLIC HEARING OPEN AT 7:35 P,M. Mr.•Boardman stated ihe Noise Ordinance was discussed at the last two Planning Commission meetings. He stated that Ms. Kathleen Callahan of the League of Minnesota Cities was in the audience. h1s. Callahan, h1r. Oebion, and himself would be glad to answer any questions the Commission might have. Ms. Schnabel stated that on agenda page 16, under Section 124.04 Central Air Conditioning Equipment, how do Fridley residents know they are required to get approval from the City before installing central air conditioning units? Mr, Deblon stated that under the current State Building Code, a permit is required for any etectrical or heating, and the City has adopted that State Gode. When a permit is obtained for any electrical or heating, this requirement could be enforced. . PLANNING COt4�4IS5I0N MEETING, FEBRUARY 25, 1981 PAGE 2 Ms. Callahan stated that most central air conditioning units are still put in by contractors, and contractors are usually very conscientious about a City's rules and regulations and usually don't get the citizens into problems. The problem exists when the resident purchases an air conditioning unit from a stare and installs it himself. She stated that when a City adopts new legislation, she usually recommends that the City utilize ways to alert the citizens to these new pieces of legislation, such as a community newsletter, Welcome Wagon, newspaper, or alert key vendors in the community--whatever system works best for the community. Ms. Schnabel asked if it was poss9ble that the noise levels of the newer air conditioning units are of a lower frequency that is not as annoying as the older models, and did Ms. Cal7ahan foresee in the future that the newer units would be quiet enough sa as not to cause a disturbance and an ordinance such as this would not even be necessary? Ms. Callahan stated that no matter how quiet an air conditioning unit is, there is always the situation where the unit is adjacent to a neighboring bedroom window or another window. There will always be problems when houses are c]ose together. She stated that Ms. Schnabel was correct in that the newer models are getting quieter. However, she doubted they wou7d ever get to the point where the City would not want this requirement. Ms. Schnabel asked if Mr. Herrick, the City Attorney, had reviewed this proposed Noise Ordinance. Mr. Deblon stated that Mr. Herrick and Mr. Carl Newquist, City Prosecutor, had received copies of the Noise Ordinance to review. He stated the Commission had a copy ofi a letter from Mr. Newquist regarding the Noise Ordinance that shou7d be received into the record. � MOTIQN BY MR. WHARTON, SECONDED BY MS. SCHNABEL, TO RECEIVE INTO THE RECORD A LETTER FROM CARL NEGdQUIST,� CITY PROSECUTOR� REGARDING THE PROPOSED NOISE ORDINANCE. Ms. Schnabel asked what Mr. Deblon's reaction was to Mr. Newquist's statement that he feels'the ordinance is somewhat redundant and already exists in some of the other city codes? t+ir. Deblon stated his reaction was that they should cite that, and in some Sections they have �ited the fact that these already exist elsewhere in the code and have cross referenced. Mr. Newquist still felt it was redundant and had suggested that Staff get an opinion from the City Attorney as far as,cite and cross referencing other things in the code. Ms. Nughes stated that redundance is perhaps not required in a lot of instances, but if she thQUght the problem was being taken care of and enforced in other codes, she would not even support this kind of an ordinance. Her major complaint is with the noise levels. Mr. Newquist's letter sounds as though they could practically junk the whole ordinance. She stated tfiat maybe tfiey should Tust be making sure that every ordinance in the City is enforced. . PLANNIMG COMMISSION MEETTNG; FEBR!lARY 25, 1981 PAGE 3 Ms. Callahan stated she felt that many of P4r. Newqiaist's comments were directed at the League of Minnesota Cities' model ordinance, which is kind of a grocery Tist. She stated she and Mr. Deblon spent a 7ong time trying to tailor the model ordinance and Fridley's ordinance is not the League's ordinance at all. Some of the things Mr. PJewquist suggested in the ietter, she and Mr. Deblon agreed were appropriate, and she thought some of those changes had a7ready been made. Ms. Callahan stated Mr. Newquist•had a concern about the "Receiving Land Use 5tandards", Section 124.02, which are the quantitative "guts" of the ordinance. It was his thinking they are rea]7y on]y zoning standards and should be put in the Zoning Code. Ms. Callahan stated that while the standards should be in the Zoning Code as well, they do not oniy speak to the issue of how land is being used now, but they also speak to the issue of how land can be used later on. Ms. Callahan stated she did think they shou7d keep the"fdotor Vehicle Noise Limits" under Section 124.03, whether they adopt them by reference or enforce them. Most cities site them by reference if they start an enforcement program. Ms. Callahan stated Mr. Newquist had concerns about the"Public P;uisance Noises", Section 124.Ob. She stated that v,�hile these are very vague in nature by the way they are listed, these are situations where most cities have found it virtual7y impossible to do quantitati��e lai,� enforcement. They are trying to create a document that helps the City enfarce in a reasonable way that is fair. Rather than rely on simple state language that can designate anything as a public nuisance, they iden$ified specific actions that the City of Fridley identifies ahead of time as public nuisances. She stated they worked on this ordinance with a number of attorneys for quite a long time and ihey feel they came up with a good document. However, whether this is what the City of Fridley wants in the document is a totally different question. Ms. Callahan stated Mr. Newquist had a problem with "Noisy Parties or Gatherings" (Item C in Section 124.06). He had stated he did not think the City had any problem with it right now. She stated this m9ght be something the Police Depart- ment should respond to. Most cities don't feel they have a handle on this kind of situation and need any tool they can get to alleviate those kinds of situations. She stated she felt there is a difference between the parties where there is disorderly conduct and the parties that are just noisy. UPON A VOICE VOTE, ALL�VOTING AYE, CHAIRMAN HARRI5 DECLARED MR. NEWQUISS'S LETTER RECEIVED INSO THE RECORD. - Ms. Schnabel referred'to agenda page 18, Section 124.08, "Powers and Duties of the Noise Control Officer". She stated there is no further reference to a "noise control officer"; therefore "noise control officer" should be deleted as that person is not referenced anywhere else in the docuinent. Mr. Harris stated he objected to the listing of "Outdoor Power Impleinents" in Section 124.05 Operational Limits. tJhen they start listing things, the list is usual7y incomplete, and some of the things are inadequate. He stated he also ti PLANNING COMMISSION MEETI1dG, FEBRUARY 25, 1981 PAGE 4 had a problem with the curfew hours. He thought 9:00 a.m. to 9:00 p.m. on weekends and holidays was not being reasonable. Ms. Callahan stated this was a loca7 kind of issue. The City of Minneapolis, St. Paul, and 61oomington feTt 9:00 a.m. was appnopriate because of the density in population. There is a trade-off here, and that is the kind of thing the Planning Commission and City Council should make a decision on. These times came fram an analysis and survey held by the Pollution Control Agency. Mr. Harris stated the problem with this is that the City does not have the enforcement capa6ility to catch, for example, the person speeding down Central Avenue at 6:00 a.m. ` Mr. Oquist stated he did not have a problem with "Operational Limits", but he did have a problem with the list of outdoor power implements._ The Operational Limits is putting a control on noise during certain hours. It is not limiting or restricting the�se of power equipment entirely, just during certain times. MOTION BY MS. HUGHES, SECONDED BY MS. SCHNABEL, TO RECOMMEND THE DELETION OF "DRILLS° FROM ITEM #2, OUTDOOR P047ER IMPLEMENTS°.IN SECTION I29-05. UPON A VOICE VOPE, ALL VOTZNG AYE, CHAIRMAN HARRIS DECI.ARED THE MOTION CARRIED UNANIMOUSLY. � . Mr. Oquist stated the ordinance might be hard to enforce, but it is a tool for enforcement. Without the ordinance, they cannot enforce anything. Mr. Harris stated the major problem he has with the whole ordinance is equal and fair enforcement. He stated he would like to talk to Mr. Herrick in depth about this ordinance. Ms. Hughes stated it seemed to her that with an ordinance like this, it was a case of whether or not the City wants a nice community for people to live in, and that is what they are really trying to do with this ordinance. Before this comes back on the agenda, she would 7ike to ask Staff to have an updated version of the Noise -0rdinance with all the changes so the Planning Commission would have the form Staff would like the Planning Commission to recommend on to City Council. MOTZON BY.MS. HUGHES, SECONDED BY MR. OQUI5T, TO CONTINUE DISCUSSION ON THE PROPOSED NOISE ORDINRNCE FOR�THE CITY OF FRIDLEY.� UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS�DECLARED THS MOTION CARRIED UNANIMOUSLY. � � � 2. PUBL_IG HEARIN6:_ CONSTDERATION OF A PROP�SED PRELIMINARY PLAT, P,S. #81-�2 I1tRiYltK.tilLL� WtJI,�tSY lFIUI�IHJ tiKil.KfVtK: tfL'7119 a repiat ot LOt�.I, til.OGk 3, Moore Lake Hills Addition, a sirigle fami)y dwelling area generally located on the East side of Central Avenue N.E. at 6175 Central. � . ING COMMISSION MEE7ING, FEBRUARY 25. 1981 PAGE 5 MOTION BY MR. OQUIST� SECONDSD BY F1R. SVANDA� TO OPEN THE PUBLIC HEARING ON PRGLIMINARY PLAT, P.S. #81-02, DY T/IDM11S BRICKNER.��� UPON R VOICE VOTE, RLL VOTING AYE� CXAIRNAN HRRRIS DECIRRED THE PUBLIC HEARING OPEN AT 8:37 P.M. Mr. Boardman stated this property is off Old Central, just north of Woody Lane. This used to be church-owned property, and the church is interested in selling. Mr. Brickner has a contract for purchasing the property based on approval of the plat. He stated tdr. Brickner is in the audience. Mr, Boardman stated that Mr. Brickner is proposing a road that comes in off Central Avenue and ends in a cul-de-sac. The reason he is proposing at this time is he is attempting to save as much vegetation as possible. He either plans to move the existing house on to one lot or tear the house down. The City's overall plans for improvement of this area, when development does come, will be some connection from Ben More Drive to this road system. Mr. Boardman stated that all the lots are acceptable and are all over 9,000 sq. ft. Some are 90 ft. lots and are 85 ft. lots. Mr. Brickner is planning on building very nice homes on those lots. Mr. Tom Brickner, 6249 Ben More Drive, stated he lives in this area. He stated he would be glad to answer any questions the Commission might have. Mr. Ralph Skinner, 6217 Centra7 Ave., stated his property abuts this area to the north, and he is perfectly in agreement wi*h Mr. Brickner as far as the development of this area. There is a lot of property lying there that is not being utilized, and this development will be very advantageous to both the people who live in this area and to the City. Mr. Walter Rydberg, 6127 Woody Lane, stated he and three other people in the audience own property that abuts this property on the southern end. They are concerned about the terrain and the big tall pine trees that might have to be removed. Mr. William Gagner, 6125 Woody Lane, stated he lives next to Mr. Rydberg. He is concerned about the grading and the natural grade. Mr. Brickner stated there was no doubt that this is a difficult piece of ground to work with. He is certainly going to try to save as many trees and preserve the beauty of the area the best he can. There is going to be some unusual construction, and each home will be custom-designed to fit each lot. Mr. Skinner stated that with regard to Mr. Brickner's developing ability, he is acquainted with what Mr. Brickner has done. He stated he is very confident in Mr. Brickner's past perforn�ance, and P1r. Brickner will not do anything in the neighborhood except to benefit and create an environment and an atmosphere that will be advantageous to every home owner in the area and to the City of Frid}ey. He builds the finest and develops in such a way that the houses look as though they grew out of the ground instead of being put together. ��� . PLANNING COMMISSION MEETING, FEBRUARY 25, 1981 PAGE 6 h1r. Harris asked who would maintain the ponding area, the City or the property owners? He stated that with all the ponding areas the City requires for new development, someone should figure out how much it costs the City to maintain these ponding areas each year. Mr. Boardman stated they could extend the property line and just retain a drainage easement and have the property owners maintain the ponding area. Mr. Harris stated he liked that idea better. Ms. Schnabel suggested that the lot line of the lot next to the ponding area be moved over, and that lot split in half to make an additional buildable lot. Mr. Boardman stated that maybe Mr. Brickner could work it out with another buildable lot so that the drainage easement went across all three of those lots. This is something Mr, Brickner is going to have to look at t�hen he gets his final plat. MOTION BY MR. OQUISS, SECONAED BY MR. SVANDA,�TO CLOSE THE PUBLIC HEARING ON PRELIMINARY PLAT� P.S. NB.Z-02� BY THO.'9A5 BRICKNER.� UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 9:28 P.M. MOTION BY MR. O�UIST� SECO:VDED BY MR. SVANDA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF PROPOSED PRELIMINARY PLAT, P.S. #18Z-02, HEATIiER HILLS WEST, BY THOAIAS BRICKNER: BESNG.A REPLAT OF LOT 1, BLOCK 3, MODRE LAKE HILIS ADDITIDN, Fi SINGLE FAPIILY DWELLING AREA GENERALLY LOCATED ON THE EAST 57DE OF CENTRAL AVE. N.E. AT 6175 CENTRAL, SUBJECT SO ENGINEERING STANDARAS FOR ROAD RIGHT-OF- WAY AND ANY NECESSARY ENGINEERING ERSEMENTS WZSHIN THE PLAT. UPON A VOICE VOTE� ALL �VOTING AYE� CHAIRMAN HRRRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. � Mr. Boardman stated hearing on March 16, April 13. the final plat will go to City Council for setting a public and will go to City Council for a public hearing on 3. LOT SPLIT REQllEST, L.S. #81-01, BY 7HOMAS BRICKNER; Split off the East 30Q feet of Lot 19, Au itor's Sub ivision No. 22, the same being 6229 Central Avenue N.E. Mr. Boardman stated this request was also by Mr. Brickner. This lot is located north of the proposed plat. Nr. Brickner does have a purchase agreement from the owner of the property to split off the 300 feet of the lot. If the Planning Commission and City Council approve the lot split, Mr. Brickner will purchase the property. Mr. Boardman stated that if the Planning Commission does approve the lot split, he would recommend a stipulation that this lot not be built upon until it gains access from the south or from Ben P1ore Drive and built only in a manner consistent with further development of that area. Otherwise, he would recommend denial. � PLANNING COMMISSION MEETIYG, fEBRUARY 25, 1981 PAGE 7 Mr. Brickner stated he had no problem with that stipulation. He stated he would not even ask for a building permit the way Ben More Drive is right now. Ms. Hughes stated the property owner had not signed the lat split application, only Mr. arickner had signed it. She stated tne Planning Commission could recommen.d on the lot split, but before it goes to City Council, the property owner should sign the application along with the fee owner. P1s. Hughes stated she had no problem with this lot split request if they can limit the building on the lot. There certainly needs to be some platting in order to get the best use out of the property. MOTION BY MS.�NUGNES, SECONDED BY MR. TREUENFELS, TO R�COMMEND TO CITY COUNCIL RPPROVAL OF LOT SPLIT REQUEST, L.S. �SS-02, BY TXOMAS BRICKNER: SPLIT OFF THE EAST 300 FEET OF LOT 19� AUDITOR'5 SU➢DIVTSION ND. 22, THE SRME BEING 6229 CENTRAL�.AVENUE N.E.� WZTH�THE F'OLLOWING TPIO STIPULATIONS: 1. TSRT NO BUILDING TAKE PLACE ON THIS PROPERTY UNTIL THE PROPERTY IS SERVICED DIRECTZ.Y BY A PUELIC STREET. 2. THAT THE PROPERTY OW21ER 5IGN THE LOT SPLIT APPLICATZON. UPON A VOICE VOTE., ALL VOTSNG AYE, CHRIRh1AN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. � 4. LOT SPLIT REqUEST, L.S. #81-02, BY A& R(DAVID HARRIS): Split off the North 233 feet of the West 230 feet or tne NE /4T of the fJW 1/4 lying East of Nighatay P�o. 65, subject to the rights of the public over the North 33 feet and over the IJest 20 feet therefor for highway and driveway purposes, subject to easement from East 5 feet to NSP, subject to road easement to Viron Rea7ty, From the West 600 feet of the Plorth 330 feet of the NE 1/4 of the N!d 1/4, Section 12, to make City records agree with County records, the same being 7699 Uiron Road, N.E. (Frostop) Mr. Boardman stated this is the same problem they have had in the past. The County records lot splits without getting the lot splits approved by the Gity. He stated this property is located on Osborne Road and Highway 65. The property that is split at the record of the County is the Frostop, so that the taxes were split up, but special assessments were not split up, because the lot split was never approved by the City of Fridley. He stated Mr. Dave Harris is asking that this split be approved by the City so that all the special assessments on his record are clear. Mr. Boardman stated that the County is proposing a street improvement al] the way from University Ave. to Old Central. The County is planning some inter- section improvements, and this area is one of those intersection improvements. There are problems right now with access and entrance onto Viron Rd., because it comes in on an intersection. That whole area is going to be a center line median, therefore, there will be no access to Viron Road at the nerth end. The Gity is looking at their normal loopback system which will provide a 7oop around the corner property. In order to do this, they need right-of-way dedication. PLANNING COMMISSION MEETING, FEQRUARY 25, 1981 PAGE 8 Mr. Boardman stated they have talked to Mr. Dave Harris and the owner of the Frostop about this lot split. The owner of the frostop is proposing within the next two years to construct a small office facility on this location. The property is presently zoned C2-S. It is Staff's recommendation that when the owner comes in for a building permit to start consiruction, he be asked to rezone that property to C-2. With this portion of dedication for right-of-way, the City will deed back to him a portion of Viron Road. The City is looking at a 60 ft. rigfit-of-way, of which a portion of that right-of-�aay will be taken from A & R (Dave Harris). Mr. Dave Harris stated he thought this was a housekeeping kind of thing, and he really felt they were talking about two different things: (lj the lot split; and (2) the intersection and road control. Mr. Harris stated that when the building permit was granted in 1963, in effect, the City did creata a lot split. Last year when he went back to correct the survey on the property, it was deiermined that this property was not part of the whole nine acres that was in existence at the time, because the County had taken the spiit and recorded it. The City had not done this, so he has been paying the other property's assessments since 1964 as part of the property he had retained. Now the City is proposing to put in another road or loopback system, so virtually, he would be paying for that road all over again. He stated that back in 1970, when the City came in and did some improvements, it was asked if the City would put in a loopback system, and the City was not willing to do it at that time. So, this is a complete change. Ne paid for it once, he should not have to pay for it a second time. Mr. Harris stated that was a separate issue, and the issue here tonight is to do some housekeeping and bookkeeping to make that lot split not subject to conditions of this road. It virtually has been split and operating since 7964. It is unfortunate that the City did not catch this sooner. Mr. Harris stated he is willing to work with the City on traffic control, but he did not care for the way things have been laid out at this point. He was not in a position to agree to the loopback until the lot split is approved. Mr. Boardman stated that before the lot split is approved; he would like a condition on it that Mr. Dave Harris work with the City to come to some equitable agreement for road right-of-way. (Mr. Wharton left the meeting at 10:15 p,m.) MOTION IIY�MS. NUGHES TO CONTINUE LOT SPLIT REQUEST, L.S. N81-02� BY�A & R (DAVE HRRRIS). - � THE MOSION DIED FOR LACK OF A SECOND. � � Mr. Harris stated he objected to Mr. Boardman's recommended stipulation. The City is giving more back to the owner of the Frostop than he is giving up. He stated he was giving up more. He felt the Planning Commission should grant the lot split, and then they can start from zero on the road right-of-way agreement. r--a ' PLANNING COMMISSION MEETING, fE6RUAP.Y 25, 1981 PAGE 9 Mr. Doardman stated that should still be a condition so that when this goes to City Council, they will have the road worked out between Mr. Harris and the owner of the Frostop. MOTION BY MR. OQUIST� SECONDED BY I�R. TRLUENFELS� TO RECOMMEND TO CITY COUNCIL RPPROVAL OF LOT SPLIT REQU�ST� L.S. �81-02, BY A& ft(DAVID AARRIS) TO SPLIT . OFF THE NORTH 233 rEET OF THE WEST 230 FE�T OF THE NE�1/4 OF THE NW 2/4 LYING EAST.OF HIGHWAY NO. 65, SUBJECS TO THE RIGHTS OF THE�PUBLIC OVER TXE NORTH 33 FEET AND OVER THE WE5T 20 FSET THEREFOR FOR t12GHWAY AND DRIVEWAY PURP0.SES, SUBJ�CT TO EASEPiENT�OVER�EAST 5 FEET TO NSP, SUBJECT TO ROAD EASEMENT TO �VIRON REALTY, FROM THE WEST 600 FEE1' OF THE NORTH 330 FEET OF THE NE 1/4 OF THE NGd 1/4, SECTION 12, TO MRKE CITY RECORDS RGREE WITFI COUNTY RECORDS, THE SAME BEING 7699 VIRON ROAD N.E.� (FROSTOP), WITH NO STSPULATIONS. Ms. Hughes stated she felt this was the wrong thing to do until they get some commitment on the street matter because of the City's responsibilities in terms of public health, safety, and welfare. UPON A VOICE VOTE, XARRIS, TREUENFELS, SCHNABL'L, SVANDA, AND OQCr2ST VOTING AYE, HUGHES VOTING NAY, CIIkIRMAN HPI2RIS DECLARED THE lfOTION CARRIEA � 5. REGFIVE JANUARY 27, 79Q1, ENERGY COh?f�ISSION I>1INUTES: MOTION BY MS. HUGNES, SECONDED BY 19P,. TREUE6*FELS� TO RECEIVE TXE JAN. 27, 1981, ENEAGY COMMZSSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE 1dOSION CARRIED UNRNIAIOUSLY. � 6. RECEIUE FEBRUARY 5, HUMAN RESOURCES COMMISSION MINUTES: MOTION BY MR. TREUENFELS� SECONDED BY MS. SCHNAB6L, TO RECEIVE THE FEB. 5� 2981� HUMAN RESOURCES CO7dMZSSION MINUTE5. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HAl2RZ5 DECLARED THE MOTION CARRIED UNANIMOUSLY. � 7. RECEIVE F[BRUARY 10, COMMUNITY DEVELOPMENT COMMISSION MINU7ES: MOTION BY h7R. OQUIST� SECONDED SY MR. SVANDA� TO RECEIVE SHE FEB. 10� 1981� COMMUNITY DEVELOPASENT COMMISSSON MINUTES. Mr. Oquist stated that the Community Development Cominission has proposed an ordinance for licensing condominium conversions. They cannot prevent condo conversion, but they are trying to be assured that the City is notified when there is a plan to convert. Mr. Oquist stated the Commission had requested that Mr. Herrick clarify paragraphs 3 and 4 of Mr. Herrick's Jan. 23, 1981, memo regarding condo conversion licensing ordinance. Mr. Oquist stated that hir. Deblon Mad written a memo dated Feb. 20 clarifying Mr. Herrick's paragraphs, but Mr. Oquist stated these sounded like Mr. Detrlon's opinions and not Mr. Herrick's. He stated he was not willing to accept Mr. Deblon's explanation. a PLANNING COMMISSION MEETIfJG, FEBRUARY 25, 19$1 PA6E 10 Mr. Boardman stated he would recommend this item be continued until they get Mr. Herrick's clarification. This will be put on the Planning Commission agenda as a regular agenda item. UPON A VOICE VOTE, ALL VOTING RYE, CIfAIRMAN NARRIS DECLARED THE MOTION CARRIED 8. RECEIVE fEBRUARY 10, 7981, APPEALS CONMISSION MINUTES: MOTION BY MS. SCHNABEL, SECONDED BY MR, TREUENFELS,�TO RECEIVE THE FEB. 10, 198Z, APPEt�LS COMMISSION MZNUTES. UPON A VOICE VOTE, ALL VOTTNG AYE, CHRIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY.� � � 9. RECEIVE FEBRUARY 71, 1981, PARKS & RECREATION COMMISSION MINUTES: MOTION BY MS. HUGHES� SECONDED BY MS. SCHNABfiL� TO RECEIVE THE FEB. I1, 1981� PARKS & RECREATION COMMISSION.MINUTES. UPON A VDICE VOTE, ALL VOTING AYE, CHAIRI9AN HARRIS DECLARED THE MOTION CARRIED UNRNIMOUSLY. � 10. RECEIVE FEERUARY 12, 7981, HOU5IN6 & REDFVEL.OPMENT AUTHORITY MINUTES: MOTION BY MR. OQUIST� SECONDED BY MS. SCHNABEL� TO RECEIVE THE FEB. 12� Z981, HOUSING & RSDEVELOPMENT AUTHORITY MINUTES. . � � Mr. Boardman stated that in regard to the Moore Lake Redevelopment Area, this would again be on the Planning Commission agenda on hlarch 4. In the establish- ment of a redevelopment district, they are going to need a resolution passed by the Planning Commissian that says these redevelopment plans are consistent witYi the Comprehensive Plan for the City of Fridley. Mr. Boardman reviewed the iayout of the overall pian for the Moore Lake Redevelop- ment Area. He stated the Planning Commission will be receiving a copy of the redevelopment plan and the tax increment plan prior to the next meeting. He stated they are looking at the establishment of this district by the end of March. Mr. Boardman stated that in setting up a redevelopment district and a tax increment district, the City is required to talk to the taxing jurisdictions, but they have no authority over the action taken by the City Council. He stated he will be talking to the Dist. 13 School Qoard on March 13, the Dist. 14 5chool Board on March 17, and the County on March 10. UPON A�VOICE VOTE, ALL VOTSNG AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. � . �Y PLA(JNIPaG COMt✓�ISSION t�EE7ING FE6RUARY 25, 1981 PAGE 11 11. CONTINUED: PU6LIC HEARING: AME��D��1Et�T TO CHAPTFR 205 OF THE FRIDLEY CITY D-: GEtdER LY .Id� i��S 1'F�E hRIDL Y Z NIPIG �OT)�E MOTIDN BY MS. SCXNABEL, SECONDCD BY MR. OQUZST,.TO CONTINUE TfIE PUBLIC HEARING ON THE AMENDMENT TO�CHAPTER 205 OF�THE FRIDLEY CITY CODE. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRMIaN HARR2S DECLRRED THE MOTIDN CARRIED UNANZMOUSLY. 12. OTNER BUSIfdESS: A. Receive letter from Barhara Shea, dated February 13, 19�1 (A copy of a letter sent to fJorthern Cablevision) MOTION BY MR. TREUENFELS, SECONDED BY MS. SCNNABEL, TD RECESVE A LETTER FRONI BARBARA SIiEA DATED FEBRUARY i3� 1981. UPON A VDICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARL'D THE MOTION CRRRIED UNANIMOUSLY. B. Letter from Cliff Ash, Chairperson of the Charter Commission Mr. Harris stated that the Charter Commission is in need of 5-6 new member5. He stated if anyone was interested in seruing on the Charter Commission, or if the Commission members knew of anyone interested in serving, they could contact Mr, Ash. ADJOURNMENT: MOTION BY MS. SCHNABEL, SECONDED BY AIR. 2REUENFELS, TO ADJOURN THE tdEETING. UPON A V07CE VOTE, ALL VOTING RYE, CHAIRh� HARRI5 DECLkRED TIiE FEBRUARY 25, 1982,. PLANNING COT4MI5SION MEETING AA70URNED AT 11:35 P.M. Respectfully submitted, � ' - ' `c,� Ly ne Saba Recording Secretary PLANNING COi4MISSION NEETING, FE6RUARY 25, 19II1 PAGE 12 NAfdE Waiter R. Rydberg George Leich Rick Brickner Donna Gorski Scott Kohanek Mark Bue William Gagner George R. Skinner W. Jane Skinner Lars Adolphson Doroihy P4i1es Ervin A. Kassow Dorothy Welch �udith Myrlie ADDRESS 6127 Woody Lane N.E. 2939 Girard 1233 - 12th Ave. N.W. 6245 Ben More Drive 6116 Central Ave. N.E. 6229 Central Ave. N.E. 6125 4loody Lane N,E. 6217 Central Ave. N.E. 6217 Central Ave. N.E. 6137 Woody Lane N.E. i370 Rice Creek Rd. N.E. 1440 Rice Creek Rd. N.E. 6115 Woody Lane N.E. 820 Lone Oak Rd., Eagan, Mn. (owner of 6229 CentralJ Y ,� �,6 b PUflLIC 1{E/�RIPiG t3EfORE THE PLANNING COMMISSIUN NOTICE ishereby 9�ven that there wilt be a Public Nearing of the Planning Commission of the City of fridley in the City P1a11 at &431 University Av2nue Northeast or, Wednesday, Fe�ruary 4, 1981 in the Council Chamber at 7:30 p.m. for the purpose of: Gonsideration of a request for a Special Use Permit, SP #80-13, by Walter J. Mitier, per Sectian 205.051, 2, A, of the Fridtey City Code> to allow the construction of a second accessory 6uitding, a 24 ft. by 30 ft. detached garage, located on Lot 8, Revised Auditor`s Subdivision No. 21, the sarr� 6eing 945 Mississippi 5treet N.E. Any arid alt perscns desiring to he heard shall be given an opportunity at the above stated tim�e and place. RICHARD H. HARRIS GHAIRh1AN PLANNING COb1MISSI4N Publish: �anuary 21, 1981 • January 28, 1981 ,. crrY or• razni.CY MINNGSO'fA � rtnt�zNC nNn zo�tlnc r•otu� . xuhsetia ' ���1 /3 . � ��� nt>3�Lrcnrr�r�s sicNnTUxc �� f� � � � Address 95�� ��J r�,s S� S,S' i��.,� S/%✓� Telephone Number � �/ - a.�-' � S'� �7 TYea ar aeQucsT Rezoning �_ Special Use Permit Approval of Premin- inary F, }'inal Plat PFOPERI'Y 0{4NGR'S SIGNA'CURE i/�,.� / Streets or Alley � Vacations . Address �/ d`— /� S.S � SS i r�,K�l �� ---T'J-- � Other Telephone Number ��' /-01 ; d s' � �,/� ,�/ Fee �%v. Receipt No. /� Q 5treet Location of Property ��i5 ///( / ,$'c5' .��/Y_C Legal Description of Property � O� � �7 %rC�/7� Y� u b� L�� u�7 � J PreSCnt Zoning Classification�_Existing Use of Property r e�S't � P 1-� C�. Acreage of Property- �� Describe bi•i���t e proposed zoning classification or�tLe of use a� d m�men"°t so os�l�� � S�/h "�'ICT Y'Q � E.' � a YP P P'P i i�Ve �% _ �• ��� �o ��' LC S G c� Cn' � S�d r a 4�Q --. v lias the.present applicant previously sought to rezone, plat, abtain a loC split or vasiance or special use permit o�the subject site or part of it? yes�ho. iVhat ticas requested and wlien? (7 The undersigned understands that: (a) a list of all residents and owners of property within 300 feet (350 feet for rezoning} must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given �+hy this is not the case. (c) Responsibility for any defect in the proceedir�,gs resulting from the faiinre to list the names and addresses of all residents and property owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and atLached, showing the follo�aing: 1. �orth Uirection, 2. Location of propo'sed structure on the lot. 3, Dimensiwis of property, proposed structure, and front and side setbacks, 4. Street Names. 5. Locatio-n and use of adjacent existing buildings (rcithin 3Q0 feet). The undersigned hereby deciares that all the facts and representations stated in this application are true and correct. / DATE �� �%���SIGI.ATURE ,�j/�_� � �PYL1C11N'C) Date Filed Date of Hcaring Plannin�-Commission Apprnved City Coerocil Approved (dates}'r- Dcnicd (dates) Denicd� �� � Y � N COON q�VID! 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'i . . � .-2�OS 4 ;i 1 t� ra 1i.Lz'.5::_SSIPPI Si: 21 ,, . �--,�'`° � 22 Pl.ANNING C014MISSION MEETING, EEBRUARY 4 1981 PAGE 6 Mr,,,Boardman stated he wanted everyone to understand that he cannot keep the pet��ioner from developing industrial 9f he so chooses as this property is presently�zoned M-1, light industrial. �� MOTZON BY�MS, HUGFlCS, SECQl1DED BY MR. TREUENP'EZS, TO RECOMMEND TO CSTY COUNCSL APPROVAL OF VACATZOrl REQUEST�SAV N80-14 BY W. C. DOTY 1SND.GRRY A. WELLNER 1ll VACATE TIfAT PART OF MLYPlESOTA STREET, AS LAID DUT IN LOWELL ADDITION TO FRIDLEY PARKp OR ML;RCURY DRIVE� AS��LAID OUT IN SYLVAN HILLS PLAT 3� NOW KNOWN A5 SRTELLITE LANE, LYZNG WEST OF'..THE NORTt1ERLY EXTENSION OF THE WEST LINE OF STAR- LITE BLVD., AL50 BEING TNE EAST LINE OF LOT 1, BLOCK 9, SYLVAN HILIS PLAT 3. UPON R VOZCE VOTE, ALL VOTING AYE, CHAZRMAN NARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Harris stated that SAV �80-14 is recommended to Ca,ty Council for approval and will go before City Council on Feb. 23. '`'�1� 3. PUBLIC HEARING: USE PERMIT,(SP #80-1 WALTER J. MILLER: Per Section 205,051, 2, A, to a N.n�-a�xist�ng accessory uilding 14 ft. x 20 ft. to be moved to the rear of the property and be used for a storage shed, and a new detached garage, 24 ft. x 30 ft. to be constructed on Lot 8, Revised Auditor's Subdivision No. 21, the same being 945 Mississippi Street N.E. MOTION BY P�. TREUENFELS, SECONDED BY MR. SVANAA� TO OPEN THE PUBLIC HEARING ON SP N80-13 BY WALTER �J. 1�fILLER. UPON A VOICE VOTE, ALL VO27NC. AYE� CfiAZRA1AN HARRIS DECLARED THE PUBLIC HEARING OPfiN AT 8:32 P.M. Mr. Boardman stated that Mr. Miller was not in the audience. He stated Mr. Miller intends to move the existing shed to the rear of the lot and build a new garage off the existing blatktop area. Staff has no problem with this request, and he has not received any objection from the neighborhood. Mr. Harris stated this was a rather large accessory building, and he would feel rather uncomfortable approving it without talking to the petitioner. MOTION BY MS. SCHNABEL, SECONDED�BY MS. HUGNES, TO CONTINUE SP ,�80-i3 UNTIL TXE NEX4' MF.'ETINC AND REQUcST ST11FF TO CONTACT hII2. 1fILLER AND ASK TKAT HE BE . �IlT THE FESRUARY 25 PLANNING �COhlhlISSION MEETSNG. . � Mr. Treuenfels stated he had some problems with deTaying a request for a 24 ft, x 30 ft. garage. UPON A VOICE VOTE, flARRIS� SCHNABEL, AtJA HUGf(ES VOTING AYE� TREUENFELS,.SVANDA, AND WfiARTON VOTING NAY, CFfAIRMAN H1lRRIS DECLARED TIfE blOTION FAILED �BECIIUSE OF A TIE VOTE. . � �� . 23 PI.A�diJING COMMISSIOF� �4[�TIP�G, FEBRUARY 4 1981 PAGE 7 MOTIO:! DY MR. SVRPIDR� SECONDED BY b7R. TRE(IENFELS, TO REC0�9MEND TO CITY COUNCIL ��� RPYROVAL OF SPECIP_L USE�PERMIT,SP $80-13 BY W�1LT&R J. MILLER, WSTN THE PROVISION TIfIST TlIIS GI�RACE BE USED �AS A� GARACE FQR PARKZNG AND STORAGE AND NOT IIE USED FOR A�REPRIR Sf10P OR RNY BUSIIJES5—FOR—PROFIT ENTERPRSSE. Ms. Schnabel stated she could understand Mr. Svanda's feelings, Ner perspective came from being on the Appeals Coinmission tahere they hear these kinds of requests all the time. As a regular practice, the Appeals Commission has always requested that the petitioner appear �efore them. They feel it is not good policy to routinely approve things because a person fills out an application, pays his fee, etc. By having the opportunity to speak to the peti.tioner, it brings out a lot of information that is not contained in the 8 7ines of print on paper, Even though, on face value, it appears to be a very straightfiorward and simple request, they have often found many under7ying reasons and circum- stances. One important thing requested 6y the Appeals Commission which must be included in the hearing is the hardship of the petiiioner--why the petitioner needs whai he is requesting. She stated that in this case, there is no hardship shown. Why does the petitioner need this building and vrhy should the Zoning Code be circumvented or altered to permit the construction of this building? For these reasons, she stated she could not support the motion to approve the special use permit. Mr. Narris stated he concurred with Ms. Schnabel. UPON A VOICE VOTE, SVRNDA, TREUENFELS, AND WKARTOh� VOT26'G AYE, HARFZIS� SCHNABSL, AND�NUG.HES VOTING NAY� CHAIRIlAN IiARRIS DECLARED THE MOTION FAILED BECAUSE OF A TIE VOTE. MOTIO,V BY MS. HUGHES, SECONDED BY MS. SCHNRBEL, TO CONTINUE SP �80—Z3 BY WALTER J. MILLER UNTIL'TH� FEB. 25 PLRNNING COtdM2SSI0N MEETING. � UPON R VOICE VOTE, XUGIfES, SCHNABEL, HRRRIS, AND S[VANDA VOTING AYE� TREUENFEL5 AND FIHARTON VOTING NAY, �CfiAIRP1AN NARRIS DECLARED THE 7•lOTION CARRIED 4-2. Ms. Schnabel stated she felt the Planning Ccrrmission should be cautious about these kinds of things. She did not think it was in the City's best interest to act on things tiahen ihey do not have the opportunity to speak to the petitioner. Mr. Narris requested Staff to ask the petitioner to be at the next meeting. 4. PU4LIC HEARING: CO4JSIDERATIOiV OF A PROPOSED PRELIMINARY PLAT, P.S. $81-01 P1IDlJEST ADDITIOfV, 6Y LOUIS J. HAP4LIN, hIIQWEST PRIiyTING C�PIPANY: Qeing d replat of t3lock 1, Great Northern In ustrial Center, Fi°i ey, alang with some unplatted land. (See Public,Hearing notice for complete legal description) to allow U}e. constrUction of a nesv building for Webb Printing Company, the sa�ne_,b�iny�5d0'1 Industrial Blvd. N.f.z PIOTIO�� BY MS�CT;N3BEL, SECONDED�Bx TiR. SVe71JDA� � WRIVE Tf1E REIIDINC OF TFIE LENG2YIY LEG�1 DESCRIPTION. �� . UPO.V R: 4`OICE VOTE, ALL VOSING 11YE, CHAIRAIIIN HIIT.XIS DECL.�lRED TIIE b10TION CARRIED �.,�i /`l ! _1 _>_� � ci3 v r�s- �-•.;��i_r;., ;`; SU=iJEC;'r ,;.,:�i �i;.nvi�t� .i...v .;rr nei-�. G f:EUnt.rv. rnrd �:+:< u�,:�� �n��- + •o i� SPECinL USL PErt4I7 i SP �; ,. ��_ �; / AGDRLSS /!�'1 ?_, f`'7t/!u >�%,'_^. ____Lf.'lpt����'�;t�/,_ ->:�"��1 / DlITE F!:"�3�1'l�_! PLAItfIING�COfiISISStOif: P.H, �A CI1�Y CGURCIL: C1TY COUP;CIL: STIPU!.i;TIONS: IIPPf?OVED DA DISAPPRDU�D r�o � PeN. R[Q'D , DATE NO APPP.OVED DIS(,PPROVED DAIE {d� o� � RECEIPT NO �� PdAME � J' S h' -( Lor7t,�!=�vKE/d FEE_ /73, CD c' �°? P(-1 i J. C-AYc �> �uk_r;v,� - STREET LOCATIO!'d OF PROPERTY_ LiC�,�- �j�ilc� .���'• %% G� pC�r �r .55�%�9 LEG,4L DESCRIPTIO"d 0� PROPERT . PRcSEPlT ZGldIC1G CLASSIFICATION�� EXISTING U5E OF PROPERTY S,n,�vic Fi,�ir,�. x'�S%�p h-��` , �.= � �.�. , c.� /� 3� G� : ACki:AGE ;F F2CPFRTY p;� gu •; -; :"?_.r,�� jDESCRI6E (3RIGFLY 7HF PR�POSFU ��YPE fir llSE Ar�l IbiPROV[i�iEI1T �t,�T LE�tI sinrr��c F�m.�V�'c�s;cic,JtF tn £E C�n�✓E2r�h �:f'? _ %iJ ��� ti1'Jl �( Ffi/'J i z. �G�'ti'c' 7 � /NC�•. . '%�Q . �'C: F T, LiV�A.�I �F'.Ef� �'°G`rf.' !IY��,_�___.��. tias the present applicant previously sought �o rezone, plat, obtain a lot split or variarce or sp�cial use permit on the subject site or parC of it? �__yes X no. tdhat e�as requested and ti•rhen?: Tha �mc.ersic,7ed undersiands that: (a) A list of all residents and ot�mers of pi�op�rty within 3:'0 feet must be attaciied to �his applicatir:n. (b) This app7ica*ion must be siyned t�y all c�r�ers of the property, or an explanai;ion yiven o-�hy this is not the ca_e. (c.) Responsibility�fcr a.ny de;ect in the proce^dings resulting from the f�,ilur�r to list th� nai:.�s arid addresses of all r•esidents a�id propet•ty ows�ers of property :n questien, belongs to the undersijned. � A sketch of proposed property and structu;e must bc dra�,n and attached, shovring the rollor�in�: le idorth cii;•ectioi;. '?. Lacation of t:roposed structure on ;;iie lot� 3, :�i;nensions of propei°ty, proposed struc:tur•e, and front and side setbacks, 4. Strei�t r,zones. S. Location and use cf adjacent e�isting buildings (wit:hin 300 feCt). - T�ie wuiei•siyn..�d he!eby declar�es that ali ihe �acts and representations stated in tl�is app}ication n��c truc :rid cori��,ct. i� ��' �j �.,,����2 ., ., ,1 � /J � � L'i��fC ; • a;< � 'y � �i7'�% SiF;1�TU{21 � ';. ��`�c'�� st�'�6•-r.-- � _ ____..__ � _ =- _ ._ .. _ _ �----.. . _ __ ., _ _.,..:--- �------- ----___- t��PF'Lit,AiJl� — ��.� /��l��rrr f*<. ilF.rf OI r�'.v�/S :�'v:ai-�/Z1 i`i "r�i�� � + fl�1D(:L` S �F,� z 7, i( ; � �,�� � s � .� �r . _ _- _,� B�F� `.r ����?7t:LL=PHOidL h'1 �°,.�t _`_�� _ _ r�ue�.ic i��n.«rric GEFUi2E 7iiE f'LAtiiiIldG C0�111ISSIOPJ NOTICE is herby given that thcre tiill hc a Public Nearing of the Planning Con�n�ission of th� Crty of Fridley in the City f4a11 at GA31 University Avenue Nortif�east on 4lednesday, tlarch 4 , 19�11 in the Cauncil Chamber at 7:30 p.m. for the purpose of: Consideratian of a reo,uest for a Special Use Permit, SP r`,`81-01, by Faul Gaydos and David Menken, per Sectiun 205.051, 3, D, to allo�r a single family d��relling to be converted to a tEVO fa�nily di-�elling located on Lots 2�nd 3, 61ock 1, �erlin llddition, the same being 4042 Main Street fJ.E. Aiiy aiid all persons desiring to be heard shall be given an opportunity at the above stated time and place. R1CH�91:D H. �171RRIS CI1HT P�i���1N PLAN'dIi�G C0�1PfISSIOtr P�iblish: Fcl,i�uary lo, 1931 Fc6,�unt�Y 2�i, 19H1 3 MAILING LIST 5P �II1-Ol Payl Gaydoes & David Menken R-1 converted to R-2 4042 Main Street N.E. Faul J. Gaydoes 3607 37th Avenue N.E. Apt 207 Minneapolis, Mn 55h21 David L. Menken 2200 Midland Grove Road Apt 397 Roseville MN 55113 City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, Mn 55421 Mr. & Mrs. George Steiskal 4050 Main Street N.E. Fridley, Mn 55421 Mr. & hirs. Dennis Bertrand 4042 Main Street N.E. Fridley, Mn 55421 Mr. & Mrs. Anthony Pikus 4036 Main Street N.E. Fridley, Mn 55421 Evelyn Cornelius 4000 Main Street T7.E. Fridley, Mn 55421 Burlington Northern, Inc.' 176 East 5th Street St, Paia?, MN 55101 James Galka 41Q0 Main Street N.E. Fridley, Mn 55421 Joanna Kaczor 4120 Main Street N.E. Fridley, Mn 55421 Mr. & Mrs. Euqene �oike 4110 Main Street N.E. Fridley, Mn 55421 Planning Commission 'L-17-87 3 David A. Reinholdson 4130 Main Street N.E. Fridley, Mn 55421 Mr. & Mrs. Richard Peasley 4140 P4ain Street N.E. Fridley, Mn 55421 t ( �� o��iMc �r1�.. .. �.�_.. \•�' � . cooN e�oos �� �, - � �; , `` : ' :,. � } `. ,.� "."` ' � � . . � i •'" �� �k, �r ;, i +�,�4 a r"w � a la � 5.��� t��f lu1N 1f I. �-� 4 �.5� ya ° � � _ �; r a '� �� °y.ew+� .i i� „ui a �� ��T�F`se -: "� yr � ��"'r` �f Iu-�� ^ �"' ���. � s � �� ��� a � i,{ I� ��-: �5� r,,, � � �,, � ��� 1 � � � J� I I �� �S �f �y 3 � � 3 IC I�v l � � ti �{� � � 1 �fw (P ]f � � � "�; � i .� y � � � �� � �� � , _ :�` .... lo . , . �; L �,, �;' �,. � � ,. - � " � y� °" �� rr �� i� ��—� 3� � � g Is // t�I�au.s_w� : �ms�_Nt � S 2 Z ,�( i� � Ir _ �� y � j � „ �,/� � I �1I' �r�\� , \ I \ � . 1 �` � � )w+ /� C]! `V± �3' y /�� � .ua1 ��I �.:1�� �� 'J �'�... J�f�.���1 Ir^�—� .., c 3� ��� j�%�i� �d��. �a �' - .. s� � r.. 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R �ANL�MOA'F 04�J ���.4 St�[QT N W � fltQfliEq4.D UYED4R 1.P.'4:= 6R 1Y,1Pfp 9p qF1NNY8c��l� CIYII. �Pli§iiiRltW � fUq�vt � 9Y00 ON�lwNCB IW LICLMi4Q �RY � Ot�O1NAMCt Gr CI44 O! MIMMtA►OLIY ��� owrt• � � � � � � • .1AM68 NELBON . � � JII� P1Y�90UTM BU1t.piNG Feoiw.�. e-sta� .. � eurcvArow �� . Ip&Y�TR�AL � JUdIG�AL klNFtpIM AT Si%TM •�AiNNlAPOLI'S 8. MR4MESOTA ��r���,�ew�o ��q � �do�Kas• . r�wann►n�u• �y[btp�i�fd �tlllittAlt . MR7ROMN_ITAPi 6AWfl e�tr LOT�.. - r1+AT11N• •unvcrono. �n..s��nn �ew �� .. ; �::. 11a j��9'r.i , invcica 23772 �0 73b/53 ,,,. : r� N �� . ' � � ,3� <.:, �., ,9 tn �L � j ° '`* '` � ..'.tL� 'S. K tl I 1 1 O 0 � t� ; 9 . I ,l' ,�--r— _ � �, � r � �� 1� ��� � � !-• `1 �,; I ,�. �, i �r-�- — --- - --- _ ._ _ - -- �� ,e �{ � � f' .. 4 } � .., � ., t, i� ', ' ;� � , \1 � ' , � �� - -/ �vs-- �~ (� ��; .,,-.�a � , - �- �t ---� i�. dj , ''� 4 a t �. � P /''� � /� �.1.�1_.1.1 , _ -- ---- - -------._. � /� g � ' � - .�..�.i.._--�---- � J,— -----------r � � �!'D. �IU,jti .,� Z Ywreb;; ca:tiCp thnt this ia u truo :uid correct rapre�entation uf n aur9ey oft Loi,s � F.n:i 3� block ], 13:rlin� is'1cl�u.11l�r i/2 of alley� now vucate�. As sutweye�l by r,.e tnis 23th d�y of Juno� licb. qNA �AY �i � i 97 �. � – _.._.__.:,:� � , t -� � . y_4' , - P �._.-. .--_- .—�. ' '-._ —' - -. .. ` � A a.o .. y �. 1 I � � � � � �� ► � C� E� � , � , , � � ��' :.i '� .i ' ` f v�, � n i . Y � .l OiaNSO�_____ nL'— � C�FYEVh1OHT �Ma CIL�C➢N���r 8 ht[:M0 T0: PIR,�r�ir;r ro��t�isstov M�nteEas MEMO Ff20M: 4lilliam 5. Deblan, �ssociate Planner MEt•10 4d0: ,81-17 MEhiO DATE: February 27, 1981 !?E: Uraft Revi;ion of Fridley Noise Ordinance Because of �he lonq history of the revie4v and revisien process of Fridley's proposed noise ordinance, I feel the r�eed to sui,�arize the argu- ments and thinking in order to aid the policy decisions that will shape the final ordinance. I will att.emp� to ideniify any key section ti,�hich has received con;iderable commer�t (or has been reccrim�nded for deletion) and atie�npt to clarify for you the salient argu;nents both pro and con. Fs a r�atter ef styiistic choice, I have chosen to cite by reference City Code items which currently deal with, directly or indirectly, noise pollution problems in the City af Fridley. Clearly, it is also possible to either spell out in detail the Code item, or entirely delete any ref- erence to it. (This appiies to the follo���ing seciions: 124.05 OPERATIOfJ- AL LIMITS 1, 3, & 4; 124.Ob PU6LIC NUISANCE NOISES PROHI6IT[D E.) The key participants in the development of th�is ordinance have been: Kathleen Callahan, League of �+linnesota Cities City Public Works Staff City Police Department Staff CiLy Legal Staff Attached for reference is a draft of the ordinance which has been, for the most part, updated since the Planning Commission Public Hearing was opened on February 25, 1981; also attached for the reference are corres- pondence from Carl Newquist, City Prosecutor and K. G. Wilkinson, Deputy Director of the Police Department. The sections receiving coirments and discussion are revealed in more detail below: 1) Section 124.01 Definitions - Some definitions were changed to be consistent with the most recent Lea9ue of Minnesota Cities' model. • 2) Section 124.02 Receiving Land Use Standards - It was felt that these standards should be included under "Lands and Buildings" of the Code. Staff change of P(i.e. parks) to Ri, R2 and R3 standard. 3) Section 124.03 Source [mission Standards - Language change regarding "hM1otor Uehicle PJoise Limits". IIasically says thai no one sfiall violate State ��4J re vehicle noise. By this the City is puf:tirig the public on riotice that the City supports enforcrment of the State la�.o. Viclations will 6e enforced against S.tate Statute (h1.S. 169.693). �age 2, Feburary 27, 1981 Draft Revisiun nf fr9dley fJoise Ordinance 4) Section 124.04 Central Air - If the City feels this is ad- equately enforced, then delete, or, Cite as part of State Building Code 5) Power Implements - Planning Commission moved to strike the word "outdoor" and "drills" 6) Section 124.Q6 Public Nuisance Noises Prohibited A. State law; should be enforced against State Statute. If the Giiy feels it is needed, then itemizing shoH�s clear support of the policy. C. Strike all of this section and add "Participation in noisy parties or gatherings (See attached memo froin K. G. Wilkinson dated February 26, 1981.) G. & N. If not a problem or not thought necessary - delete. 7) Section 124.07 Exception for Emergency Work - Notifying City because of emergency work is an unnecessary step and thus, delete statement of notice. 8) Section 124.OII Poaler and Duties of the Noise Control Officer - Since we don't or won`t have a Noise. ControT'Officer, this section was included under enforcement. 9} Former Section 124.10 Enforceinent -#1 Criminal Penalties - change to °any" instead of "all", �2. Civil Action was changed to read "... by the City ..." after the word "enforced." cc: Jim Hill John Flora Darrel Clark Steve Olson Jerry [3oardman K. G. Wilkinson Carl Ne��,quist Virgil Nerrick Tim Turnbull Kent Hill � � G_qW OF�ICCS SMI'fH, �TUS'PF.F;, I'Ii[1iF•.MA., MALMOIV S�: FIASKVITZ y/�fAAN SMITH IEOHAqD T. JUSTE(i N61JRY H. FEIHF_MA ALVIN 5. MAIMON POf1Nl0 L.HPSK'lIT2 CARL J. NEWOtlIST MARK f.HNGGEFTY ASSOCIATES JOMN M:Gi9lIN J.CHRISTOPNER CUN[O JAMES W.MOESCMIER B. W�LLIAM ENSTRUM Directorate of Public lJorks Fridley P1unicipal Building 6431 University Avenue N. E. Fri�ley, P�innesotu 55432 Attention: Mr. William Deblon, Planning Department RE: Proposed Noise Ordinance CHARi'CRED February 24, 1981 I0 SURE 1250 6UILOERS E%CruNGE BWLO�NG MINNEAPOLiS�.MiNNE50TA 55a02 TELEPHONE (fii2% 339-�18� FR�OLEY OFFICE 6�41 UNNERSITY AVENUE.N,E. �RIDLEY.MINI'lESOTA 55432 lEtEPMONE (612) ST-60�0 Oi COVNSEL JAMtS R.CASSERLY Dear Bill: Following our conference of February 24, 1981 with Kathleen Callahan with the League, I have some additional thoughts on the proposed noise ordinance. Without getting into the policy merits of the ordinance, which of course viould L�e a function of the Planning Commission and City Council, you should understand the League ordinance is a prototype ordinance for all seasons. As such, it does not take into contemplation particular pro6lems that may exist in the City of Fridley nor does it reflect regulations that already exist: in our code. For that reason, much of the proposed ordinance is redundant in that central air � conditioning equipment, recreational vehicles, construction activities, refuse hauling, animals, etc. are already covered by existing ordinances. If the City adopts receiving land use stanc+ards setting forth the highest sound levels to be permitted in each of the zoning districts, I would suggest that those zoniny noise standards snuuld be incorporaCed directly into the zoning ordinance. Likewise, noise impact statement requirements and variances from requiren�ents kould also seem to be more appropriately placed in the lands and puildings ordinance. As you know, our Fridley code already adopts the Niotor Vehicle Traffic Act by reference and therefore the motor vehicle noise limits adopted by the PCA are already the law in the City of Fridley and can be enforced by our police department the same as any other part of the traffic code. In fact, the Fridley officers have been instructed at the request of the Couri and the State to write traffic violations under the appropriate state statutes rather than under a city ordinance. It probably would not be appropriate therefore to include motor vehicle rtoise limits and a provision on horns and signaling devices in a city ordinance. ii nR/�/ . li Mr. Wi}liam Deblon Fe6ruary 24, 1981 Page Two Operational limits is redundant as already indicated as to recreational vehicles, construction activities and refuse hauling. As to outdoor power imp7ements, it seems to me that the provision fails to take into account the very real difference in possible noise production between such things as power lawn mowers and chain saws and other relatively noiseless devises such as rechargeable electric clippers, edgers and drills. To get around the otherwise need to present a violation of a specific noise level, the proposed ordinance contains a catchall public nuisance provision which contains eight enumerated examples. First, the public nuisance noises are only prohibited if they effect FrTd7ey residents. I am sure you did not mean to limit this pro- vision only to people who actually live in Fridley. I assume that you would want the benefit of the ordinance to extend to people who vrork in Fridley, etc. but who in fact do not reside in Fridley. There may be some enforcement benefit from a specific provision pertaining to noisy parties or gatherings which prould be in addition to the Disorderly Conduct statute. You also mentioned a specific problem that apparently does exist in fridley which involves paging and'advertising by loudspeakers. The other enumerated examples of public nuisance noises are either prescribed by state law and/or our city code or invoTve what I feel are vague and ambiguous standards. The section creating an exception for emergency work also sets up a notice requirement that is probably unintended, unenforceable and without any real purpose. Thank you for the opportun�ty to revietia the proposed noise ordinance with you. Hopefully we can draft meaningful standards of conduct regarding noise that are both understandable to our residents and business people and at the same time are enforceable in court. Thank you. CJN:pap cc: Jaines P. Hill, Public Safety Directoi° Very truly �ours, ----_� � �. _r�l J`� �ewquist Fridley Prosecutor � �� , R,o��;, , �, ;, . ;; � et��;� t�,uci�;(;i, ' 3•�4 r � :. .. . .. P, - DATE FEBRUF�RV 26 FROM K. G. WILKI SUBJECT Ci�� o� �r'se�t�y i�i��s�vmL� . 1981 v��� NSON, DEPUTY DIRECTOR PROPOSED NOISE ORDINANCE ",' "'^:�Y� .,�i . T�i ;. g TO WILLIAM DESLON, PLANNING DEPARTMENT JAMES P. HILL, DIRECTOR CARL NEWQUIST, CITY PROSECUTOR X I have reviewed a letter sent to you by Mr. Newquist concerning subject proposal, and I noted he stated "(t)here may be some enforcement benefit from a specific provision pertaining to noisy parties or gatherings which would be in addition to the Disorderly Conduct Statute." Attached is a suggested revision to the proposed ordinance dealing with noisy parties. It is recommended this revision replace Section 124.06, paragraph 1. c., as it is felt it more adequately deals with the issue. KGW/sh 12 INFa X X 13 c. Participation in NoisY Parties or Gatherings. (1) No person shall conyregate because of, or participate in, any party or gathering of people from which noise emanates o£ a sufficient volume or of such nature to disturb the peace, quiet, or repose of ather persons. {2) A police officer may order all persons present other than the o�aners or tenants of the buildinq or place to immediately disperse. Any person who shall refuse to leave after being ordered to do so by a police officer shall be quilty of a violation of this Ordinance. (3) Any owner or tenant of the building or place who has knowledge of the disturbance and fails to imme8iately abate said disturbance shall be guilty of a violation of this Ordinance. � QRDINANCE�NO. AN ORDIlJAWCE R[LATING 70 NOI�E, PROVIDlNG fOR Tf1E PREUENTION AP�D CLIMINATION OF EXCESSIVF ANO U�JNECESSARY NOISE, AND INPOSING A PENALTY FOR VIOLATION SECTION 124.01. DEFII�ITIONS 2. Air Circulation Device means a mechanism designed and used for the controlTed flow of air used in ventilation, cooling, or conditioning, including, but not limited to, central and window air conditioning units. City Official A noise control �fficer, police officer, or any other duly appoinCed represenfative of the City as designated by the City Manager. Decibel. Decibel is a unit of sound pressure levei, abbreviated d6. 4. dBA. dBA is a unit of sound level. dBA is the weighted pound pressure level by the use of the A metering characteristic and weighting as specified in ANS1 Specification for Sound Level Meters, SL4-1471, iahich is hereby incorporated by reference. For the purpose of those regulations, dBA is used as a measure of human response to sound. 5.. Exhaust System means a combination of cornponents which provides for enclosed flow of exhaust gas from engine parts to the atmosphere. 6. L�p L�p is the sound level, expressed in decibels (dBA), which is exceeded ten percent of the time for a one hour������, as measured by ����/r�Y'�e���r`��/�d�ddd�4/��/�N�l��t�dr�����JO�r`�d�6v`/�i /Y��/G1�c(��$�x� P�dX���d�i/,G�f�h'bNl�Xdddd� a�sound level meLer havin cg haracteristics as soecified in ihe iatest stanaards, 1.4, of the American fVationaT �L4 �� �56 �50 �s the sound level, expressed in decibels (d8A), which is exceeded fifty percent of the time for a one hour$�¢�t�� eriod. �$ ��'�1'�'�'�'l��ll�k�lrf /Ed�9'�X���7�'� l APO�'p���J�9'/Y��I;��FN�'k/lq �d�dYd�JA�J/�'a' r�;%����dd� �d�Wd�rd� ir�d�*�;dv ia�d��d.�. 8. Noise. Noise means any sound not occurring in the including, but not limited to, sounds emanating highways, and industrial, commercial and residential natural environment, from aircraft and sources. 9. -Persoi�means �d.�/6�ds���/��'�t�d�/��3/�k4;d,�Q,i��x���/��/3x���/9�z��d�fd��et�1X/0�` T}3��,i�i¢��/�dt�d��98n 4v(l l��/�r�3/dC��d/�,d'bX�d/�4���d�i1 /�!�a`/ddf�d�E/dr` idd�����lddd�dd��8��ill �ri�I����v��d �N�i�,!/Y�id�.�/���a�Q,��%�0v�/d�/�`Yti�r` %f�i��i�4���1�x��F��/�G��/Y`��k�J��V`/�`V`4�$���?l %i{"oA� e4f ��l /�F��f��/PT"/4�;�b1€� r�/X9�6��� �`���`��k�������/dilA��idflK'vi�/9�d�ei�l�i��l�r'I��1�I��t��llZ�d�a/P�Y�Xti,[I��e� ����///ddY///i�'c/titi'¢�//�t,rt4�///�1Ai��k�b,�.�///9d?'7�A��dd/l�Yo'n`thro`V//f�3k.h,Cd/! an 10 Sound. Sou�d iS an oscill«tion in pressure, stress, particie displacement, particle velocity, etc., 4n an elasCic or partially elastfc medium, or the superposition of such propag�ted alterations. Page 2 -- 4RDINRNCE PiO. 11. �o�n:d Pressure Level (SPL). Sound Pressure L.evel is 20 times the logarithm to the base lU of the ratio of the pressure of a sound, p, to the reference pressure, pr. For the purposes of these regulations, the reference pressure shall be 20 micronewtons per square meter (20 u N/m2). In equation form, Sound Pressure Level in units of decibels is expressed as. SPL (d6) = 20 log lOp�pr 12. Sound Receiving Unit means a unit of property or a building containing a person, business, activity, animal life, or property r�hich is affected by noise or noise pollution.. SECTION 124.02. RECEIVING LAND USE STAP�DARDS 1. The sound level requirements of this section shal] apply at the property or zoning lines of the sound receiving unit. Measurements may be made at any location on the property for evaluation purposes and to aid in the enforcement of other sections of this Chapter. 2. The sound levels as stated below shall be the highest sound levels permitted in each of the zoning districts as defined in Chapter 205 of the fridTey Zoning Code. Zoning Districts R-1, R-2, R-3, P C-1, C-1S, G2, G-2S, CR1, CR2, � M-1, hf-2 Day L50 L10 (7 a.m. - 10 p.m.) 60 65 65 70 75 80 15 Nigfit L50 Llf3 ' (10 p.m. -: 7 a.m.) 50 55 65 70 75 80 3. Sound levels resulting from cumulative travel of motor vehicles on state and county highways and railroads are exempt from these Receiving Land Use Standards but not other sections of this ordinance relating to motor vehicles and railroads. This does not exempt individual motor vehicles from any and all federal, state, or 1oca1 regulations. It is the intent of the City to reduce highway noise in the various land areas surrounding higha�ays to or belov: the requirements of this section when and wherever possible. SECTIQy 124.03. SOURCE EMISSI04J STANDARDS l. Motor Vehicles Noise Limits. A. p���99V-�E�B. ���v`�lui�Yd11����dXp/�4��dzl��l�ddlY�a��A/�j�l�d��dfi��lt4��a/� vsV�YfX�v`/��!�f �r��1/�4dr �',��i�/y�Y`v��d/v�;s�c'.k�/kixs�ds��/�6��/?�`�f,�t�$�/�4�$�/�r��c�/xN� d��da�dX/�'s�l4��X�/oi����/}os�t/��1��/c���s�Y.f��ld��d�Y��v�/�Dl�r`�����I��tCe����d� �S�/Y�i�1��4���/4�v���kl/t�6�4�/Yi4�/r Li�fi't�f'i/�iSf�X/1���/�/t�Y�J''�XS?d/�i��OVTX�/��'��$$�/�T� ��vi����ld���s!��/�4ws,4ri/�/t���SYfi�`/��1�14��dt`/��h/�/��Y��YI�d14���K���1//7tde!/��bi����r Sys�x�d�/fiVS,iX� /o-�vjYfv�d�a kls��'l�;`�{��9d�?/0/�6fr v`p/k�u�s'��r's/��'/dr`�(Q'� X� �!�/�6u%�e11/ �����lt�l�ko��'/�s'�9�x�; �}�6,11/zl�ll+a�/�,��d?�/t��/�vfs�,�k�N�¢�/N�YEf/��1d.f�/�%A�t'�/�r1d ��1S��Pf���tR'/F's�/1���`no-4�fv`s?/tdz�/l's�� x/,�V�/�'t�iJ.lf/$YtYF3/�f /1`v'k�f,iv`/r'•,4/KP�lk�1��l��u�� ���t���it�0i�b�,��k/dA8/f�'dd�/�tit'��`��iQ;Y��f�/��r�Vit`�'/d9/Zbsr/�r�;�F¢d�! N�1���9.��l���XX1N���/f4�/����.�l��ad/��/6ff��/f��/�Ad�/��l�a¢�1��/��a'I �����/���1�d�/��JI��Y9X��/�6��Y./Y��xf/Y0(Q�fi�X�1�A�Yt4lkN�,tl9����f Y������d�/�b/���a����/�a/�bt�/��tfi��������/�Y/Nd�X��/8�����. T��16���������1�������fi�14���r`��/R���d�/�1fiY�d/Y�N��x�/���8�/k��%ri/f ,�877//�1FfA�(%e�!//+/.!'A,OA/,'//ft`�//!/�'�Id'�y/1�,�,a'r/��'/l1SHI1d�f�dd�lddd! No person 5hai7 operate a motnr vehicle in the City in violation of t�e rno ar vehicle noise ]imits of the +�tinnesota o u�on ontrol Aqencv. 2. Q����r"����0r�/�Qa�����v�xlJl9���YI����ti���,!/��h����11¢r��fi��llfidd���!/�d�4�!/ ���f@d���d�/�r�0/�Zassv'ld0�t���4le���v�/�A���s����l�r���l���/��A/��������i/��l�i �d���v`�2Y8�v�/����/�f/Yt���/��s�d�Q�/�A/1�,7�i/dv����/x���dldf /�'�S/ d R�7/��1 �0�a'/d���i��V�e�/�Y/�/���X1 �2�/�f/�0/���Y� SECTION 124,04. CEN7RAL AIR CONDITIONING EQUIPMENT No person may insta7l or place any central air conditioning plant or equipment in any location t•rithout the prior approval of ,�¢,iY�/b�,f�i��,�/1�' the City. Window air condiiioning units are exempt from the provisions of this subdivision, except that the noise produced by such windoo-r units, as well as by all existing air circulation devices, shall be attenuated by means deemed appropriate by the z¢���i�ds✓rd�a�v7 ��ty, including, but not limited to, relocation of such units or devices, if this noise results in or contritrutes to a violation of Section ]2n.02 of this ordinance. SECTION 124.05. OPERATIONAL LIMITS 1. Recreational Uehicl �at�,�d �ili���d���,�P���;+/�'�b�'�d �/yi��/i����t���A/�6�/k"����X/6�/r��r�,7�¢/�Y�����!l �x!/�'dYl hf,�,�11b����//Yrl�r�l�h/e�h�/�i.k7A//�loill J$':�3'I,�/�I.II�dd/I1�1`•,�a/�ld! Recreation vehiCles shall be subject to Section 703 of the City Code. 2. Q(�{btyh/ Poaier Impl eme implement, including power hedge clippers, dY`�dX�` or such other any time other than p.m. on weekdays and Snow removal equipmen nts. No person shali operate any,�tyt,N,�k� power but not limited to poo-rer laian motaers, ��t¢�3xdf�c�t�$, chain saws, mulchers, qarden tillers, edqers, imptements designed primarily for outdoor use, at between the hours of 7t410/fi/.f�/! 8:00 a.m. and 10:00 9:OD a.m, and 9:00 p.m. on weekends and holidays. t is exempted from this �rovision. 3. Construction Activities. Gonstruction taork ho�rs shall be subject to Sections 18.11 and 18.12 of the City Code. 4. Refuse flauling. Refuse hauling hours sha11 be subject to Section 113.10 7 of the City Code. SECTION 124.06. PtlBLIC NUISflNCE NOISES PRONIBITED 1. General.. It shall be unlawful for any pei-son to make, continue, or cause to be made or continued any distinctl�� and loudly audible noise that unreasonablY X��f�1tl�t�t��d��s��d�.�l�d/��4tgs4�X/v�v�F��/��`/�ti�/r���i�t�/ P�{f��<{i��(�R{�/q�g��?s£}�y��(nnoys./, �Sis,t,tui-bgs,y inj,{ur�eys, o�{,r} en{ydanqgerys theq ¢�yS`,i/Y¢y1�p(.y,(�{ I S-{+��F���f�f'!bY����'S�PwY�����! l��! K{FX�Y��%'r�F��{�F�Y Pii�A1-��AV'�iF�� %�P��hP��/! /�Y�� �0���' health, safety,�and genei�aT we1fare of Fridle residents. The following acts, ainong others, ar•r declared to be nuisance noises in violation of ihis (frl'�s!dc� Ordir�arice but said enurneration 5hall not 6c deen+ed to be exclusive. 16 rayC Y " l'M1U11YHryl.0 NU. 17 A. Norns, Siqnaliny Oevices, etc. The sounding of any��;iJ1�fi$�i � signTiriy�tcevice on any ��cfiicle except as a warning of danger (M.S. �169.68)��.�(�h�w�+��.o'�, a . t . s�b�Y��I �.�� ��I�d�1 V1 7�V� s� �w�I���i�l�;��/�Jric!�/�9/ibf�/1��'��f/��t��➢��/A$/f/r�6�d��/ �4fd��t��D.�/Y��/���b��v��lU�`/��r���l�f/��l/i��d�/��0ddX8tf�/���'�4�/ dY/i(��/v�v��dl��d��fdl�X�`/Jp;�1�/ssf/,ir?��N/�4rs;1!//tr�d/X65�/��d�c!�fi�lO�f! ���l3d�b�ld�����/f�d/��i/d�f��������r`�/�F9,r/d�r`�A����f��X�/���i��/d9f ��ai�<//I�f�/�1��/�9/�v��/f%�M�a���/d2�i��'(�����xl�vl4l�t����t��1/4��/ M�r��/6d/�7�¢Y�fe`�Y��i/�ta¢/tT��/b�/dvt�/7��dv��/w���Yd �/�r'/dY'vif�/ �k����/����`�Y�v1/��/���,ioS�l��'v�r��i�Yl��01�NP.ldfi�l�?Y/�✓�tf����i ��dvf,�X���/y1�����1v����/����f8�i/l�/96d/r��3/r`���0v�/YS��d/dAl B. Radios, Phonoqraphs, Paqinq Systems etc. The �TOb�,�t�$ dl� using, or operatinq or permitting �/¢,7�y���t, the use or operation of any -radio receiving set, musical instrument, phonograph, paging system, or other machine or other device for the production or re�roduction of so-'un3'i�/��i�� in a distinctly and loudly audible manner as to disturb t�ie peace, quiei: an comfort o the ne�ghboring inhabitants.¢�i��J ���/%�d��/�,�xa/d r6dd ��/��a�d�/����/��d@�$�r`�/f�r`/��c���c����Z/ N��P`�t��1f0d/�t��k!}�t�d�dt�/��/i��1�d��/�i'�6i��'�/��J�N�I�`��d�l! y�4�3dX�/dd/�k��d���dJ1 �i/v����N/�d�M/��e6����/�r`/d@����/��/ dd�d�i'.�d/��d/w��1���/��d�r�X��3IX��Y��ed�l�6f���r¢l Qt �6,���l9���A��/�d1���61�dirf��l//7t��/����f����x�6�/�r`/��Y.6(�r`i�A/09/ ��6�X@/��4�/�/����/���8�/���yi�x��/,iv�/�/�dYf ����vf�/��Xdd��/4r`!df/ ����/v��Xda�/�b/fi�/�6/d,i�xdd�/���/�k���!/e(d���l/�r`/Y`��08�/d9/ 6Y��V`/��V��:��. C. Participation on Nois Parties or Gatherin s. s�o �; so t� shu (1� �:� cor,c�reyat�.�dac} because of, or parti party or qa a sufficien peace, quiei ' (2) A police of1 the oti•me�°s immediately leave after (3) Any ov�ner or t kno�aledge of tl abate said dist this Ordinance. � or ct such nature ose of other persons. � order all persons p ants of the buiidi � Any person wfio rdered to do so by violation of this Or the build ance and �ipat�aq in, any noise emanates of to disturb the resent other than ng or place to shall refuse to a police officer dinance. r p7ace who has ais v�ofation D. Loud Speakers, Amplifiers for Advert7•sinq. The using or operating �,X�i���4d�/yi����j,�s�¢���,i,t,� or permitting the Y6JG��/ I�t'�a�¢.v1, use or operation of ary y'�,�,t¢/�¢���yr���/g�������,���X� �iYi2Yi�4�t��i��'.�/kf�(����`c��l�d�l loudspea'<er, sound amplifier, or other uS�Q����S¢/,�,� cievice for the production or reproduction of sound on a street or other public place for the purpose of Commercial adveetising or attracting il,e attention of the of the public to any building or structure a�hich disturbs the peace, quiet and comfort oF the neighboring inhabitants. !'dgB 5 - OKUINHP!CL t�0. 1" J E. Animals. pfi/{h�d9v�vf/��fX1/11�F��I1'4��/4l���,�r��1/t�9/r�����i�i,id��7/y'�S�ix �1,�fiK�tY`l4�/i�i�f/4.�t�X�dY/i�;`/�`rs�[�2�/�i/�6�?d��b�Z/,�t�/Y.l�d/d�(C,��i,�XX'/l�� Fx�/lYdd�A�,��fi!ul/d�///d�/;!�/y�l�l�,��X//riHi���• Flriima,ts shall be subject to Section 302.U� of the City Code. - F. Exhausts. The discharge or permittinq the discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor boat, motor vehicle, or sno���mobile except through a muffler or other device which will effectively prevent loud or explosive noises therefrom and complies with a71 applicaple state la�ds and regulations, t�linnzsota Statute 84.871 and the �epartment of P�atural Resources regulation requiring mufflers for snowmobiles, 6 hiCAR 1.OQ51 {E) (1), are adopted by reference and incorporated in this ord.inance as fully as if set out in full. G. Defective Vehicle`or Load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattiing or other noise. H. Loading, Unloading, qp'�'r�yr/g'/�¢�¢� Unpack.ing. The creation of a loud and excessive noise in connection with loading or unloading or unpacking of any vehicle. Xl 4�����b�80��x/Y����IY�4�8dd��l/IY�d/d��dz(�,�0�/�Y/���/��a�f�r`d��7d�d/ �����X�/�d/�d �/���t � �d �/�r`d ��d a�d /6�"/d r`��vi/�s�/�/��X�f�v'���d d ��/ ��t�;��b�/�6��0Jf��J������X�idv��aldr�d�d���d/;���Xd�B��/�d�/v�0�/X�i�i���d/ X0/��d�!�d�6u��d��l /���,�d /�r���1Qv'/6��i¢�/�Xd /f�������/��1������/,�cs/d���`h���/ �dd N���x�v�l�����ll /61�r4fi��d��/SX�YdX�i,��,��p/� $/����b��/�EOd���l��`/ ✓�f�����k/�v�d/Sv����`�6���kd/,�v�/X��S/d✓�����d�/��/�dX��/��/,�f/���/0�f%/ �v�/f dX,7l . d,� ��t6�/Y�N�dd�B�//Ta�/������;i�r�/�Y1�/vi���r`l��'v��'���/��/�,��,T�x�dd/d9/ �lir(�(��d��/Sx����@/X6fl6�fl/r`��dd�x,i��/d�����lv'�k�� �ak/�dY97�v`�l �! D4�,����/��Ad/S�t����fillQ�d�`��!/Q��t�`d6���1/4r`/b���v��Y�x��//Ta�/dr`����ib�/ � �f/�viy/����gS��+�/�6���/vvi/;�E4�S/��r`��Xl�a�������/�4/d��lg�4i��dl/ ; F��Y�Y��idr�,!/d�/�{S��N/d���✓��sS/a�v`/v�vi�dx�/��v����/d����v�x�/�v�/X��/ ���k��?}'�X/k�F�S�;��X?C?�1/����/�d4��Y���41�k3�/��€�G��/�Y`�/41r�$k���2'�4�/�t�/$41��/ $�Y���X�/�i��� E���G��/�b�l/xf��/$1�d��/��/1�/$L{����1 �i�$�'�,���,7�/i4�IdY'dl��/�Y`� �bddk/$�����1 SECTION 124.07. EXCEPTION fOR Eh1ERGENCY WORK Operations and acts performed exciusively for emergency vfork p(¢�J����¢.�,i��/�/ ��t�i��/Pt'/2�/f�0Y1Y`� to preserve the healthy safety, general welfare, ¢� f�I�Ff�,�F/1�.�,�A,��X of the citizens of fhe ity or for emergency work necessary t� restore a public service or to eliminate a public hazard shall be exempt from the provisions of this ordinance. P�pg�p{gl6f�(��"q(�,/�����¢�t;�qi/¢,����yy�y���,i,����{/ �1t��e?d/XE�X�/$���,�dv�/$I�f xd /���3'ot�[�/�4rs{/��X:�'/ttP/Ylf�1t���d/Yd/,��"�1`�X���/�u��64/�kalt�b�/ ��/�9/�k�d�"r���{�s�df4�14��45���/610�d�/�Sf/Yf�w/�FYs�/4ff,���A/YE��v�/Y4k�s�ri/�`�$4dai���4r�/r�Y� tdt���As��$Ihb,�a`'�/�`�//i't�!/,����i/! Any person responsible for such emergency o-�ork shall take all reasonable actions to minimize the amount of noise.�uSiXpf�,i6�(/ ���/d�Jr`�z8��• Pa�e 6 - ORDINANCE N0. 1� SECTION 124.p8. VNW�u$/��N/�aTXP-S/�9/I�U/��XSQ/QO�TR��/�U97��R EPlFORCFMEPJT 1. The noise control prograni established by this �rdinance shaTl be administered by the City.�/��Yx'/�F��Q���/F��v�����/��/y��iQ���/N��td��. 2. Testing Procedures. Tfre City �yf����� shall adept guidelines estab]ishing the test procedures and instrumentation to be used in enforcing the pravisions of Section 174.02 and 124.03 imposing noise standards. A copy of such guidelines shall be kept on file in City Ha11 and shall 6e available to the public for reference during office hours. 3. Studies, etc. The CityQyy�¢��� shall conduct such research, monitoring, and other studies related to sound as are necessary ar userful in enforcing this ordinance and redu�ina noise in the city. �� The City shall make such investigations and inspections in accordance with law as required in applying ordinance requirements. Noise Impact Statements. The Citypyp�¢��� may require any person applying to the City for a change in zoning classification ar a permit or license for any structure, operation, process, instal7ation or alteration or project that may 6e considered as a potential noise source to submit a noise impact statement on a form prescribed 6y the City. ai�!//w�/$a��x/���X����/����/A���/$z������z/���/m�u�/a��dd������7'_____._ �`���d+d���t4�x�6��J�4J�N�fQ��a�l �t��r�d,�diYN�dd$N/�6��IPx�vl�,ivl�/����S,�S��6vf//�6/ �'D'�@/y�i�/r��X��i�/�4/����`d/�/YN�1 d,��kGf$�/�i"/��Y`P��x/��f�X,��d /Y�V`l 5. Other Powers and Duties. The Cityp�y,����,7 shall exercise such other powers and perform such other duties as are reasonable and necessary� to enforce this ordinance. Sa¢pz��/�zatx�tifa�aea¢����7 �v(9��d@d��d%l6fi����/��d���v(Q�ISN�xX/t��1�������/��/¢�t��X��/90X/�f/�Ei�/�8��/ Qd��! $(1. 6: Criminal Penalties. The violation of �y{y� a11 provisions of this ordinance except ection .03 Subdivision 1. shall-6e subject to Chapter 901 of the City Code. ,i¢/,�/pS,ig�¢��€��f�¢/�g/�¢y,��!¢� ;, , � s: �/0Y/8����d�I/7291���/XA,sd,i�i��d�/X!/��/�/��Yx�/ t�a��s��t���,tdv`/��/d�9,i��e1/I��/M�yiv�k�6��ISX�Ys�/8���d� 2! 7. Civil Action. The provisions of this ordinance may .be enforced throuyh in,7�—�' unc o mandamus, or other appropriate civ.il remedy. SECTION 12A.09. VARIANCES The �{�fS�AX$!�C/0�1?fdUS/yi�o:'� City Council shall have authority, consistent with this section to grant varlances fram the requirements of a11 sections of this Orclinance./Je,�{l/.p,�, Variances shall be subject to Section 6.141 of the City Code. Page 7 -- ORDIN�NCE N0. r� SECTJON 124.10. SEVERA�ILITY If any provision of this ordinance or the applicatio� of any provision to a particular situ.ation is held to tie invalid by a court,of competent juris- �iction, the remaining portians of the ordinance and the application of the ordinance to any other situation shall not be inval9dated. PA55ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIOLEY TNIS __ DAY OF , 1981. MAYOR - 4lILLIAM J. NEE Attest: CITY CLERK - STD C. INMJ4N � 0014/1/0803� 21 MEMO T0: PLANtvItdG CO�MISSION � . MEh� FROM: �rlilliam S. Deblon, Associate Planner h1Et�0 N0. #81-16 ML-hf0 DATE: February 27, 1981 RE: Proposed Conversion Condomium Licensing Ordinance Memorandum From Virgil Nerrick Dated January 23, 1981 After a telephone conversation with Virgil Herrick, City Attorney, on February 27, 1981, the following clarification of paragraphs 3 and 4 of his �anuary 23, 1981 memo regarding the City's proposed Conversion Condominium Licensing Ordinance was st�ted. It was the opinion of Mr. Herrick that licensing or requiring registration would not necessarily constitute a condition of conversion as referred to by State Statute. Thus, we would not neeci pu6lic testimony that there existed asiiortage of rer,tal dwellings available to low and moderate income individuals or that the conversion �,�ou1d impair the City's eligibility for Siate and Federal financial assistance. A public hearing would still be required. As a result of this conversation, I still believe that if 5ection 205.05 Application, vJas amended to read, °The application for conversion condominium s1ia11 be accompanied by the following information:"........., and if Section 209.06 Condition of Approval, were dropped then the City is not prohibiting or irnposing any conditions on conversions and couid pass this ordinance. The City would then know whnn a con��ersion was taking place and further ensure that the action is not in vio]ation of the Uniform Condominium Act (CH 582- 1980 Session). WSD/de cc: Virgil Herrick 22 M�,rfioRnNnuc� T0: WILLIAM S. DEBLON CiCy of Fridley Planning Department FROP1: ViRGIL C. HCRRICK, CITY ATTORNEY -' ��" RE: PROPOSED CONVERSION CONDOMINIUM LIC�NSING ORDINANCE DATE: JANUARY 23, 1981 I have examined your Memorandum of January 15, 1981 with the attache:l copy of Fridley's proposed Cor.version Con3ominium Licensing Ordinance. I call your attention to Minnesota Statute Section 515.A.1-106(c). This section provides that a City: . "...may prohibit or impose reasonabl.e conditions upon the conversion of buildings to [he condominium form of ownership only if there exists within the city a significant shortage of suiCable renCal dcaellings available to low and moderate income individuals or families or. to establish or maintain the ciCy's eligibility for any federal or state program providinb direct or indirect financial assistance for housing to the-ciCy. Prior to the adoption o.f an ordinance pursuant to the authoriCy granted in this subsection, the city sha11. conducC a public hearing." It would be my opinion that before the City cculd adopt a proposed ordinance, a public hearing woul3 have to be held, pursuant to reason- able notice. I believe that testimony would have to be received an3 a record made to substantiate findings of fact Chat there existed a shortage of rental dwellings available tc-low and moderate income in3ividuals or that Che conversion wou13 impair the City's el.igibility for State and F'ederal. £inancial assistance. If such an ordinance is adopted, it would remain in effect for eighteen months. If Che City wisned to continue such an ordinance,, another public hearing would have to be held and the same findings o£ fact �oould have to be found to exist. I have checiced with Minneapolis and St. Paul regarding this type of ordinance. I have been advised that St. Pau1 has noL' adopted such an ordi.nance. IL is my understandin� that Ntinneapolis has adopted an or3inance but it �oes not contain the provision discussed above. cc: Jerry Boarlman cc: John Flora cc: Nasim Qureshi ORDI MA�;rE N0. AN ORDIDlAMCF ESTABLISH;iJG CHAPTER 205 01' FRIDLEY CITY CODF ENTITLED "CONVERSION CCFlDOMINIUM° LICENSIN6 209.01 Purpose The Council of the City of Fridley deems thaL it is in the interest and promotion of the health,'safety and general welfare of the residents of the City of Fridley that the owner(s) of a multiple dwelling intending to convert to condominium uiaits, register the intent with the City before such a conversion is initiated. 209.02 Definitions for the purposes of this chapter, except where the context indicates otherwise, the following words mean: a. Condominium: A multiple dvaelling in which portions are desig- nated for separate ownership and the rema�nder of which is designated for common oumership solely by the owners of these portions. A muitiple dwelling is not a condominium unless the undivided interests in the common elements are vested in the unit owners. b. Conversion Condominium: A multiple dwelling which has been converted from rental units to ownership units in accordance with the uniform Condominium Act (CH. 5II2 - 1980,session, Dwelling Unit: A single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. Multiple Dwellina: Any building or structure containing therein two or more dwelling units whether used solely or exclusively for residential purposes or otherwise. e. Owner: The person or body having an interest in a multiple dwelling as a fee owner or subordinate interest with the right to exercise control and management of the premises. 209.03. Registration AC least 60 days prior to the conversion notice given to the tenants, the otianer of a iriultiple dwelling in the C�ty of Fridley shall file with the City a certificate of registration on a form provid<�d by the City. At that time, the uwner shall also file therewith an application for license from the City �ind pay the licerise fee. 2' PURPOSE DEFINITIONS REGISTRAiION Page 2 -- OPD141ANCE r�n. 209.04 f.ertificate of Registration, l,icense, and Fees Fl certificate of registration shall be required of any �wner af a multiple d4�elling located within the City of Fridley arho intends to convert such a building to condominiums. 1"he license fee shall be provided in Chapter 11 of this code. This sec.tion does not exempt the owner of the annual multiple dwelling license as set forth in Chapter 220 of the Fridley City Code. 209.05 Application No certificate of registration and application for a conversion con�ominium license shall be approved unless the application contains the following information: 1 2. 3. 4. 5. 6. 7. Description of ground area by street number and legal description, Size of the building. Number of stories and height in feet. Total floor area of the building. Floor plans of proposed modifications. Number af dwelling units in the condominium. Total area pravided on premises for off street parking. 8. A certification by the oamer that the building is not in violation of the provisions as set forth in Chapter 220 of the Fridley City Code. 9. The name and address of the individual to which any notice or order• respecting the premises may be served or given during the conversion. 209.06 Condition af Approval No certificate of registration and application for a conversion condomznium license shall be approved if there exists within the city a significant ahortage of rental dwellings available to low and moderate income individuals or families, or to establish or maintain the City's eligibility for any federal or state proyram providinq direct or indirect financial assistance for housing to the city. 091�A LI; CERTIFICATE Of REGISRATtOr� LICEPlSE, AtdD FEES APPLICATIQN CONDITION OF APPROVAL i f � CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCN 4, 198] CALL 70 ORDER: Chairman Harris declared the March 4, 1981, Planning Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present Members Absent Mr. Harris, Ms. Schnabel (arr. 7:46 p.m.), Mr. Svanda, Mr. Oquist, Ms. Hughes Mr. Treuenfels, Mr. Wharton Others Present: Jerrold Boardman, City Planner Bi77 Deblon, Associate Planner Ron Miller, 946 Mississippi St. N.E. Paul Gaydos, 3607 - 37th Ave. N.E., Apt. 207, David Menken, 2200 Midland Gr, Rd „ Unit 307, Anthony & Rosella Pikus, 4036 Main St. N.E. George Steiskal, 4050 Main St. N.E. Donald Archer,4057 Madison St. N.E. Jan Bertrand, 4042 Main 5t. N.E. Sue Wa]dhauser, 6120 - 7th St. N.E. APPROVAL OF FEBRUARY 25, 1981, PLANNING COMMISSION MINUTES: Mpls. Roseville (55113) MOTION BY MR. OQUIST� 5ECONDED BY h42. SVRNDA, TO APPROVE THE FEBRUARY 25, 1981, PLANNING COMMISSION MZNUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHASRMAN HARIZIS DSCLARED THE MOTION CARRZED UNRNIMOUSLY. � 1. CONT IC n r � 6Y WHLItK J. f�1lLtK: N@Y' JBCL7011 ZUS.UbI, Y� H� t0 dl IOW dll 2X1SLln9 accessory bui �ng 4 ft, by 20 ft. to be moved to the rear of the property and be used for a storage shed, and a new detached garage, 24 ft, by 30 ft. to be constructed on Lot 8, Revised Auditor's Subdivision No. 21, the same being 945 Mississippi Street N.E. Public Hearing open. Mr. Boardman stated this item was continaed from the February 4 Planning Commission meeting. The Commission had requested it be continued, because Mr. Arthur Miller was not in attendance at that meeting. He stated Ron Miller, Arthur Miller's son, was in the audience if the Commission had any questions. Ms. Hughes asked Mr. Miller what the storage shed was to be used for. PLANNING COMMISSION MEETING, MARCH 4, 1981 PAGE 2 Mr. Miller stated it would be used for storage of a lawn tractor and antique furniture. Mr. Harris stated that the size of the new garage was almost the same size as the house. What was the reason for this large a garage? Mr. Miller stated they thought it was a nice garage size and was what they needed. He stated the garage will be used to house two vehicles, plus lawn and garden equipment. They have a large garden. Ne stated that as far as any other uses, there would not be any. (Ms. Schnabel arrived at 7:46 p.m.) Mr. Harris asked Mr. Boardman to explain to Mr. Miller the City's conditions on home occupations. Mr. Boardman stated that the City of Fridley does not a71ow any gainful home occupations to be operated out of accessory buildings. Home occupations can only be operated out of the actual family unit itself. This is one of the City's concerns when they have this type of accessory building, especially now when a lot of people are having to go toward home occupations to make a�ditional income. Mr. Miller stated his father is a truck driver and is on the road most of the time. He would not be operating a home occupation. Ms. Hughes asked if Mr. Miller had asked any of the neighbors if there were any objections. Mr. Mi11er stated they have very good relationships with their neighbors, and they have talked io their neighbors. He stated that none of the neighbors objected to this; in fact, he thought they would like it. MOTION BY MS. HOGHES, SECONDED BY MR. SVANDA, TO CIASE THE PUBLIC HEARING ON SP N80-13 BY WALTER J. MILLER. UPON A VOTCE VOTE, ALL VOTING AYE, CHA£RMAN HARRIS DECLARED THE PUBLIC HERRING CL0.SED AT 7:52 P.M. Ms. Hughes stated the only concern she would have is that the storage shed be rtroved to the back of the lot at the same time the garage is being built. It would be easy not to move that shed, and she felt it was important that the shed be moved. Moving the shed to the back of the lot removed the possibility of a lot of things, and the shed would not be accessible to other vehicles. PLANNING COMMSSION MEETING, MARCH 4, 1987 PAGE 3 MOTION BY MS. HUGHES, SECONDED BY MR. PQUZST, TO RECOMMEND TO CSTY COUNCIL THE APPROVAL OF SPECIAL USE PERMIT, SP N80-13, BY WALTER J. MILLER: PER SECTION 205.052� 2� A, TO ALLOW AN EXISTING ACCESSORY BUILDING 14 FT. BY 20 FT. TO BE MOVED TO THE REAR OF TXE PROPERTY AND BE USED FOR A STORAGE SHED, AND A NEW DETACHED GARAGE,�24 FT. BY 30 FT. TO BE CONSTRUCTED ON LOT 8, REVISED AUDITOR'S SUBIIIVISION NO. 21, THE SAME BEINC 945 MISSISSIPPI STREET.N.E., WITH THE STIPULATION THAT�THE EXISTING STORAGE SHED BE MOVED TO THE REAR OF THE LOT BY TXE TIME THE NEW GARAGE IS COMPLSTED. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Harris stated this item would go to City Councii on March 16. 2. PUBLIC HEARING: CONSTDERATION OF ailow a single tamiiy dweiiing tc located on Lots 2 and 3, Block 1, Street N.E. A REQUEST FOR A SPECIAL USE PERMIT, D ENKEN: Per Section 205.0 3�D, to eb converted to a two family dwelling, Berlin Addition, the same being 4042 Main MOTION BY MR. OQUIST, SECONDED BY MR. SVRNDA, TO OPEN THE PUBLIC XEARING ON SP #81-01 BY PAUL GAYDOS AND DRVID MENKEN. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRMAN XARRIS DECLARED THE PUBLIC HEARING OPEN AT 7:58 P.M. Mr. 8oardman stated this is a request to convert a present single family structure into a two-family structure. This property is located on Main Street in the southern end of Fridley: Across the street is Columbia Heights. Ne stated that the genera7 make-up of the neighborhood issingle family except for a triplex and a duplex located at 4030 and 4022 Main St. N.E. Mr. Boardman stated that, according to the Zoning Code, this conversion would be an allowed use with a special use permit. He stated the petitioners, Mr. Gaydos and Mr. Menken were in the audience. Mr. Harris asked if the petitioners wished to make a statement. Mr. Gaydos stated this is a Capp split-level home constructed in 1966. It has 1,040 sq. ft. on each floor, and to convert it, all that is needed is to convert the laundry room to a kitchen on the lower floor. There are already two separate entrances. Ms. Bertrans stated she single family home, and upstairs and downstairs converting the storage area'to the downstairs. is the present owner. This house was constructed as a they have completely finished off both floors. Both have two bedrooms and a bath. It is just a matter of and laundry room into a kitchen and closing off the wall PLANNING COMMISSION MEETING MARCN 4, 1981 PAGE 4__ Mr. Harris asked if they planned to split the utilities and have separate meters for electrical and gas. Mr. Gaydos stated they planned to do that. Mr. Boardman stated he had no problem with the planned conversion. His main concern was whether they want this kind of conversion done in this location or whether they want to maintain it as a single family home. Ms. Schnabel asked if the petitioners planned to live in it themselves or if they planned to rent it out. Mr. Gaydos stated they both plan to live in one leve7 and rent out the other lvel. He stated that houses today are so cost prohibitive that buying this house and converting it to two living areas is a saviou� for them, because they can rent out the lower level until such a time as, hopefu7iy, they can each reside in a level. Otherwise, they would not be ab7e to buy a home for a number of years and would have to live in apartments. Ms. Schnabel asked why the special use permit, rather than rezoning? Mr. Boardman stated that both alternatives are given to the petitioners, but Staff generally recor�nends a special use permit, primarily because the City doesn't necessarily want that type of rezoning in that area. The special use permit retains the R-i zoning in a single family zone and gives more flexibility, if the house should burn down, of granting another specia7 use permit for another duplex or maintain it as a single family home. If it was rezoned to R-2, then anything could be built there. Mr. Anthony Pikus, 4036 Main St. N.E., stated he is opposed to this conversion. He stated the house was built for sing]e family use, He stated he is very unhappy with the triplex at 4030 Main St., but it was there when they bought their home. He would not like to see another double occupancy home go in to the north of them, as they would have the only single family home up to 4050 Main St. Ms. Rosella Pikus stated that even though the new owners say they will live in it, that doesn't mean they couldn't sell the house in a year, and then they would have a big problem. Mr. Donald Archer, 4057 Main St. N.E., stated he is also opposed to the conver- sion. When one conversion starts, pretty soon there will be more, and the single family area will be gone. He does not want the problem they have from the triplex coming into the neighborhood. Mr. George Steiskal, 4050 Main St. N.E., stated he would have no objection if the house is owner-occupied. 0 PLANNING COMMISSION MEETING, MARCH 4, 1981 Mr. Gaydos stated he could understand the neighbors' concern if this was a small single family residence that would require knocking out walls, etc. Even with a single family home, an owner can have non-homestead and rent it out and guarantee nothing as far as tenants. He stated the neighbors' complaints about 4030 FAain St. are probably wel7 justified. He stated economics is the reason they are proposing this conversion. Mr. Menken stated they both realize the neighborhood and how attractive the home itself is. He is very impressed with the quality of the home and appreciated the hard efforts of the owners to keep it so nice. He stated he is very excited about living in this house for a number of years. Ms. Pikus stated she has nothing against Mr. Gaydos and Mr. Menken, but if the house is ever rented out, they would have rental on both sides of them. MOTION BY MS. HUGHES, SECONDSD BY MS. SCHNABEL, TO CIASE THE PUBLIC HEARING ON SP N81-01 BY PAUL GRYDOS AND DAVID MENKEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN XARRIS DECLRRED THE PUBLIC HEARING CLOSED AT 8:26 P.M. Ms. Hughes stated that, in terms of what they want to see in the future when the new owners might sell, what is the best way to maintain the house? She wondered what the advantages of split entry homes are to the City of Fridley. It was obvious what advantages split entry homes have for the owners. Apparently, five unrelated people can live together in that house and share the bedrooms and treat it as two different units without sealing off the two levels physically. The City would have that kind of operation if these two people wanted to buy the house and recruit more roomers. She stated the advantage to keeping that home single family is that in the future, it would be a house suitable for a large family--something needed periodically in this community. On the other hand, if the Planning Commission granted the special use permit, and the owners do seal off the two floors, they have permanently changed that home to a duplex regardless of the zoning. Ms. Hughes stated this is a problem this comnunity is going to be seeing more and more of, and what does the Planning Comnission feel is the best approach? Mr. Svanda stated that by locking a door or putting up some sheetrock to divide the two floors, he did not see the permanence described by Ms. Hughes. Mr. Oquist stated it is a nice large house, but would it be affordable to a large family? Ms. Schnabel stated that if the special use permit is granted and the house is divided, if the house is sold in the future, a family could still buy it as a single family home and all they would have to do is unlock the door or tear out the sheetrock. PLANNING COMMISSION MEETING. MARCH 4, 1981 PAGE 6 Mr. Harris stated he could understand the neighbors' concerns about the upkeep, loud noises, and all the rest of the things that happen with multiple dwellings. Howeaer, how are people going to be able to afford a house otherwise and where are these people going to live? Ms. Hughes stated she was more in favor of handling these through special use permits, than letting them happen without taking official notice. MOTION BY MR. SVANDA� SECONDED BY MR. OQUIST� TO RfiCOMMEND TO THE CITY COUNCIL THE APPROVAL OF SPECIAL USE PERMIT� SP �81-02� BY PAUL GAYDO5 AND DAVID MENKEN: PER SECTION 205.053� 3� D� TO ALLOW R SINGLE FAMILY I%�ELLING TO BE CONVERTED TO A TWO FAMILY DWELLING, LOCATED ON IATS 2 AND 3, BLOCK I, BERLIN ADDITION, THE SAME BEING 4042 MAIN STREET N.E.� WITH THE FOLLOWING STIPULATIONS: Z. THAT TXE NEW OWNERS WORK WITH THE FIRE MARSHRLL ON THE APPROPRIATE EXITS FOR THE UNIT5; 2. THAT THE NEW OWNERS OBTAIN THE PROPER PERMITS TO CONSTRUCT THE DOWNSTRIRS KITCHEN AREA. Mr. Harris stated that because this home is being converted into a double, it would also fall under the residential Housing Maintenance Code. UPON A VOICE VOTfi� ALL VOTING AYE� CHAIRMAN HARR2S DECLARED THE MOTION CARRIED Mr. Harris stated this would go to City Council on March 16. 3. PUBLIC HEARING: CONSIDERATION OF A PROPOSED NOISE ORDINANCE Public hearing open. MOTION BY MR. OQUIST, SECONDED BY MR. SVANDA, TO RECEIVE INTO THE RECORD R MEMO DATED MARCH 2� ,I982� FROM VTRGIL HERRICK TO BILL DEBLON RE: PROPQSED NOISE ORDINANCE. UPON A VOIC& VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANZMOUSLY. Mr. Harris stated he had reviewed the whole Noise Ordinance again. One problem he had was with the definition of "Noise", #8, on the first page. Ms. Schnabel suggested that "excessive and unnecessary" be inserted in the definition of "noise" to read: "Noise means any excessive and unnecessary sound not occurring in the natural environment..." Mr. Harris stated he would be more comfortable with that definition, because he felt that was really want they were trying to accomplish with this ordinance. Ms. Hughes and Mr. Oquist stated they had no problems with that definition. "Sound Receiving Unit", �12 in the Definitions, was changed to read: "A person, animal life, or property which is affected by noise". PLANNING COMMISSION MEETING, MARCH 4, 1981 PAGE 7 Mr. Harris stated that in a discussion with an attorney, the attorney had stated that if the City is going to adopt a Noise Ordinance with "Receiving Land Use Standards" (Section 124.02), then these standards should also be referred to in the Zoning Code, because it is a land use. Mr. Boardman stated he would make that change and have the Zoning Code reference the "Receiving Land Use Standards" in the Noise Ordinance. In Item #2, under Section ]24.02, "Receiving Land Use Standards", the word "as" was deleted in the second ]ine. Ms. Hughes stated that in Section 124.03, "Source Emission Standards", they should reference State Statute 169.69 for noisy mufflers and MPCA Motor Vehicle Noise timits - 6MCAR 4.2004. Under Section 124.05,"Operational Limits", Item #2, "Power Implements", Mr. Harris stated the question the attorney had and he had is: Is this a prohibition against the operation of all of these implements, no matter what their noise level is? If it is, then the attorney wanted to know if this was what the City really wanted to do. Under the Constitution, can they really enforce this? Ms. Hughes stated that, yes they can, because of th e setting of time limits. Mr. Narris stated he is opposed to this ordinance because he felt the ordinance is arbitrary, capricious, and not a natural extension of the police powers of the City. MOTION BY MS. HUGHES, SECONDED BY MS. SCHNRBEL, TO RETAIN ITEM 1I2, "POWER IMPLEMENTS", IN SECTION I24.05 OPERATIDNAL LIMITS. UPON A VOICE VOTE, MS. HUGHES, MR. OQUIST, MS. SCHNABEL, VOTING AYE, MR. HARRIS AND MR. SVANDA VOTING NAY� CHAIRMAN HARRIS DECLARED THE MOTION CARRIED 3-2. In Section 124.06, "Pubiic Nuisance Noises Prohibited", Item #1, "General", was changed to read: "It shall be unlawful for any person to make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the health, safety, and general weifare of the up blic..." MOTION BY MS. HUGHES, SECONDED BY MR. SVANDA, TO CONTINUE THE CONSIDERATION OF A PROPOSED NOSSE ORDINANCE. UPON A VOICE VOTE, ALL VOTSNG AYE� CHAIRMAN XARRIS DECLARED THE MOTION CARRFED UNRNIMOUSLY. 4. CONTINUED: AN ORDINANCE ESTABLISHIN6 CHAPTER 209 OF THE FRIDLEY CITY CODE MOTION BY MR. OQUIST, SECONDED BY MS. SCHNABEL, TO RECEIVE MEMO �81-16 FROM BILL DEBIAN TO THE PLANNING COMMISSION DATED FEB. 27, I98I. UPON A VOICE VOTfi, ALL VOTING RYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOIISLY. PLANNING COMMISSION MEETING, MARCH 4, 1981 PAGE 8 MOTION BY MR. OQUIST, SECONDED BY MR. 5VANDR, TO CONTINUE THE "CONVERSION CONDOMINIUM LICENSING" ORDINANCE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF MOORE LAKE REDEVELOPMENT PLAN: Mr. Boardman stated the Planning Cortmission had received two documents--The Moore Lake Redevelopment Plan and the Tax Increment Plan #1. The only one the Planning Commission is required to look at by law is the Redevelopment Plan. However, he did have a resolution for both the Redevelopment Plan and the Tax Increment Plan so that the Planning Commission can act on both resolutions. These resolutions are statements that the plans are consistent with the Compre- hensive Development Plan of the City of Fridley. Mr. Boardman stated the reasons for the establishment of a redevelopment district are designated in the plan and it lays out the conditions for blight which allows the City to establish a redevelopment district. Mr. Boardman stated that when they set up a tax increment district, they have a choice of three projects--a redevelopment plan (that plan has to meet certain criteria),a housing project, which is what they are looking at, or an economic devetopment. A housing project has to be set up primarily for the development of housing. He stated they have set up the tax increment district in five phases. Since this is all one housing project, they can group those funds; in other words, all funds and bonds so7d in this district can be grouped as one district, and, therefore, construction projects can be phased. Mr. Boardman stated they hade a potential developer for development of Phase I. In order to meet the requirements of the State, they are required to establish and layout an indication of costs for one project, and they can do that in Phase I. It allows them to stay genera] enough in the other phases to satisfy the intent of the law and still accomplsih the overall plan. MOTION BY MR. OQUIST, 5ECONDED BY MR. SVANDA�TO APPROVE RESOLUTION NO. I982, "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FRIDLEY� FINDING THE FRIDLEY HOUSING & REDEVELf)PMENT AUTHORITY'Fy MOORE LAKE REDEVELOPMENT PLAN 25 CONSISTENT WITH THE COMPREHENSIVh' DEVEIAPMENT PLAN OF THE CITY OF FRIDLEY." MOTION TO AMEND BY MS.�HUGFIES TO SAY THAT THE MOORE LAKE REDEVELOPMENT PLAN IS CONSISTENT WITH TXE COMFREHENSIVE DEVELOPMENT PLAN OF THE CITY OF FRIDLEY WHEN IT PROVIDES FOR NOISE ABATSMENT PROCEDURES IN THE CITY. THE MOTION TO RMEND DIED FOR LACK OF A SECOND. UPON A VOICE VOTE, MR. HARRIS� MS. SCHNABEL, MR. SVANDA, AND �. OQUIST VOTING RYE, MS. HUGHES VOTING 1VAY, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED 4-Z. PLANNING COMMISSION MEETING, MARCH 4, 1981 PAGE 9 Ms. Hughes stated she had voted against the motion, because she did not believe the Moore Lake Redevelopment Plan was consistent with the noise abatement goals of the Fridley Comprehensive Development Plan. 6. APPROVAL OF TAX INCREMENT PLAN #1, MOORE LAKE REDEVELOPMENT RREA: Ms. Schnabel stated she did not feel comfortable voting on a motion to concur with this tax increment plan, because she was not sure she totally understood it. Since it was not required of tfie P7anning Comnission to approve this plan and since it was out of the Planning Comnission's jurisdiction, she did not care to take a position on it. Ms. Hughes stated she agreed with Ms. Schnabel, Mr. Boardman stated he would take this resolution out of the Tax Increment Plan #1 document. Mr. Harris stated that if there was a problem, Mr. Boardman could resubmit the resolution to the Planning Commission. 7. C04VTINUED: PUBLIC HEARING: AMEN➢MEN7 TO CHAPTER 205 OF THE FRIDLEY CITY CODE, MOTION BY MS. XUGHES, SECONDED BY MR. OQUIST, TO CONTINUE AMENDMENT TO CHAPTER 205 OF TXE FRIDLEY CITY CODE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. OTHER BUSINESS: Mr. Harris stated he had written a merrro to the Fridley City Council which was in response to a comnunication he had received relative to affordab7e housing in the City of Frid7ey. MOTION BY MS. HUGHES� SECONDED BY MR. OQUIST, TO RECEIVE R MEMO DATED MARCH 2, 1981, FROM MR. HARRIS TO THE FRIDLEY CITY COUNCZL. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION BY MS. SCHNABEL, SECONDED BY MR. OQUIST, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOSSNG AYfi, CHAIRMAN HARRIS DECLARED THE MARCN 4, 1981, PLANNING COMMISSION MEETING ADJOURNED AT 12:02 S.M. � Respectfully submitted, ck. Lyn Sa a Recording Secretary � ���� � ��� , ���n,ch �, �9g1 - - � L�i`� ���' - r� � , ,/, �� . � � i � _� i �' � . .�aCo.� !�/ao �l�s'f rt� �/u��� SS43�- zZ°d /%`�/ �G./?� �•n f 3�� 7�° s� i3 3 CoOT 3�7'�/�i�E" .vE �- ao� , M�ls�,�w ssyz� �� - � _�', `�� Ya�v � �, , E 0�%Ssya/ yo 5 � ��. �� k� -1� s�s��/ . �� s7�� ,� i�� ,'%�1��. �'� ��/ �.f�.s- �,,�.s>..� 5 ,—. ,c� f s.s-,G.� P�'s iy , Ss �Sf f�, �/�/ �� L �� � .� 3 `' F TABLE OF COPITENTS I. Public Hearing Notice - Nousing and Redevelopi�ent Authority IL Public Hearing Notice - City Council III. Pianning Commission Resolution - Finding the Fridley Housing and Redevelopment Aathority's Moore Lake Redevelopment Plan is consistent with the comprehensive Development Plan of the City of Fridley IU. Housing and Redeve]opment Authority Resolution - Approving the Moore Lake Redevelopment Plan V. City Council Resolution - Approving the Moore Lake Redevelopment Pian VI. Certification as to the original taxable value of real property with ' the Moore Lake Redevelopment Area - Anoka County Auditor UII, Moore Lake Redevelopment Plan Description of the District ..................... 1 District Eligibility Authority ............................... 1 Eligibility ......... .................... 2 Redevelopment Goals & Objectives ................ 4 Specific Goals & Objectives ..................... 5 Redevelopment P7an .............................. 6 Land and Real Property Acquisition Plan ......... 8 Goals for Property Acquisition .................. 8 Land Dispositio� and Redevelopers Requirements .. 9 Finance Pian .................................... 10 Relocation Plan ................................. 11 Procedure for Amendment ............:............ 12 Lega1 Description of District ................... 13 Appendix 1. Parcel, Lot, Biock, Subdivision, Assessed Value list VIII. City Council Resolution - Reaffirming Nousing and Redevelopment Authority Appointments � :� RE50l.UTIDN P;O. - 1981 A RESOLUTION OF THE PLANMIP+G COMMISSION OF THE CITY OF FRIDLEY, FIrJDING TFiE FRIDLEY HOUSI��G Ah�D RED€VECOPt�ENT AUTHORITY'S tf00RE tAKE REUEVELOPN'�ENT PLAN IS CONSISTENT WITH THE COMPREHENSIVE DEVELOPf��ENT PLAh OF THE CiTY OF FRI�LEY WHEREAS, the Fridley Housing and Redevelopment Authority has submitted the Moore Lake Redevelopment Plan to the fridley Planning Commission as per Minnesota Statute, Chapter 462; and WHEREAS, the fridley Planning Commission has reviewed the Redevelopment Plan to determine consistency of said plan to the Fridley Gomprehensive Development Plan. NOW, THEREFORE, BE IT RESOLUED BY TNE PLANNING COMMISSION Qf THE CITY OF FRIDIEY: That the Maore Lake Redevelopment Plan is consistent vrith the Comprehensive Development Plan of the City of Fridley and the Commission recommends approval of the plan to the City Council. PASSED AND ADOPTED BY TNE PLANNING COMMISSION QF TNE CITY OF FRIDLEY 7HIS DAY Of , 7981• ATTEST: CITY CLERK - SID C. INP9AN 0090A/100EA CHAIR N - ICHA HARRI � �ESOlUTION NRA - 1981 RESOlUTION APFROVItvG TNE MOORE LAKE REDEVELOPMENT PLAN AND fIt.ING OF A PKOJECZ APPLTCA7ION 70 THE CITY COUNCIL OF THE CITY OF FRIDLEY WHEREAS, It is desireable and in the Public interest that the Nousing and Redevelopmm�t Authority of Fridley, Minnesota, unclertake the Moore Lake Redevelopment Project as outlined in a report titled "The Moore Lake Redevelopment Plan" and dated February 26, 1981; antl WHEREAS, The Housing and Reclevelopment Authority has determined that the area described in the abo��e said pian situated in the City of Frid7ey, County of Anoka, and State of htinnesota, is that area proposed as the Moore Lake Redevelopment Project area; and WHEREAS, The said Redevelopment Project area is blighted and deteriorated due to economic obsolescence of commerciaT and residential structures, poor soil conditions, development patters, traffic and parking design and unsight7y general conditions; and WNEREAS, The Nousing and Redevelopment Authority has considered the legal requirements of relocating displaced persons and businesses in the Moore Lake Redevelopment Area; and WHEREAS, The Housing and Redevelopment Authority has reviewed the finance Plan and Acquisition Plan and cer�curs that said plans are in conformance with state law and overa7l objectives; and WNEREAS, The redevelopment of the MAOre Lake Project area cannot be accomplished without governmentai assistance as provided under the Municipal Nousing and Redevelopment Act, Chapter 462, and know specifically as a Tax Increment Deve7opment Froject; and WHEREAS; The P1oore �ake Redevelopment P7an will afford maximum opportunity, consistant with the sound needs of the City of Fridley as a whole, for the redevelopment of the proiect area by private enterprise; NaW THEREFORE BE IT RESOLVED BY THE HOUSING AND REDEVELOPMENT AUTNORI7Y Of FRIDLEY, MIhihESOTA: 1. That the Moore Lake Redevelopment Plan is approved and adopted 6y the Housing and Redevelopment Authority, and said plan will be financed by tax increments and such other methods as may deemed necessary and desireable; 2. That the Housing Redevelopment Authority st�all insure that all relocation sfiall be in accordarice with all apprupriate sCate and Federal relocation requireirients; 3. That all real property acquisition shall 6e determined in accordance to the condit.iuns of t.he Tax tncr•ement Plans for• the district as required by Chapter 273.74 Subdivision 1 of the Cam;s of the $tate of hiirmesota; 4. That applica,�iun be made by ttie Fr�ir,iley Housing and Redevelopment Authoe;Ly to the City Ceuncil of the Cit.y of Fridley foi° a�a��ro��a7 of the M1!oore Lakc� Redev:�loum��nt f'iuject, in the manner required tiy iaw; Page 2-- RESOLU724�J PJU. HRA _:___ - 19�1 FASSEt3 AND P.UOPTED BY 7HE fi0USltdG APJD REDEVELC?A'�NT AUTNORITY OF 7HE CITY OF � fRI�LEY THIS DAY'Of ,''1981• LARRY C Fih9ER - CHA M�AN HOUSING ANC REOEVELOPh1ENT A�JTHORITY ATTEST: 'EXECUTIVE DIRECTOR - JERAOLD t. GOARDM�AN Ut)311+„1l:�lA RESOI.U7"TON No. RESOLUTIOM Of THE CITY fOUNfiI OF FRIDLfY, MIPINFSO7A APPROV- ING THE MUflRE LAKE REDEVELOPirFNT PLFlN WNERfAS, under provisions of the 1973 f�ousing and RedeveTopment Act, Minnesota Statutes, Section Q62, 41l et seq., the Gity Cpuncil of Fridley, Minnesota must approve redevelopment projects to 6e executed by the Housing and Rcdevelopment Auti�ority of fridley, and WNEREAS, the Fridley Housing and Redevelopment Authority has determined that a redevelopment project as set forth in the Moore �ake Redeveiopment P1an dated , should be undertaken in the area legally described in said p an, an as made applicatior� to the City Council for approval of the project, which applicatior. complies with the provisions of Ghapter 462 Minnesota Statutes; and WHEREAS, the project and the plan vias reviewed and approved by the Fridley City Planning Comrtiission on the 9th day of i�lay, ]979; and WHEREAS, the Fridley Housing and Redevelopment Authority has included a reiocation pian, redevelopment plan, finance plan, and acquisition plan, as part of the Moore Lake Redevelopment Project; and WHERERS,.pursuant to notice given as required by the provisions of Minnesota Statutes, Section 4C,2.521, the City Council conducted a public hearing regarding the Moore Lake Redevelopment Project; NOW, THEREFORE, BE IT RE50�1`E6 THAT THE CITY COUNCIL OF FRIDLEY HEREBY FINDS AND DE7ERNiINES: 1. That the project area is blighted and deteriorated due to economic obsolescence of coinmercial and residential structures, poor soil conciitions, development patterns, traffic and parking design, and unsightly general conditions; and 2. That the execution of the Moore Lake Redevelopment Alan by the Fridley Housing and Redevelopnient Authority is authorizeci by the Municipal Nousing and P,edevelopment Act, and 3. 7hat the lantl in the pr�oject area would not be made available for redevelopment without the financial aid to be sought, 4. Ttiat the redevelopment plan conforms to a general plan for the redevelopment of the City of Fridley. S. 7hat the Moore Lake Redevelopment Flan ivill afford maximuin opportunity, Consistent o-�ith t.he sountl needs of the City of Fridley as a v�hole, for the redevelopnient of the project area by private enterpr�se. 6. 7hat tlie P';oore Lake Recievelop�nent Project she.11 require an undetermined nu�nber� of co�nmerc�al and residential i•elocations of �dhich the Citv sha]] insure that ull applitable State and Federal iaws shall be adhered to. 7. That the Noor-e Lzke Re�ievelopment Project �aill requir� real property acquisiTions of �vhicl� t.he City �.hall determine on an on-qninq hasis dtn'�nn the in���lein,�ni:c:i:ion ph,ZS��s of I:he ��lan, an�� tf;at all rcal propertY 3CQU7Sl�lVl'.� 4i�i�-( ., :il`Iil? lil .._.;aCl"(ffi:f'CC �'llt:�l I`�lf{iif'SOtd �i:l-!. s Paqe 2-- RFSOLUTION N0. - 1981 8. 7hat the Moore Lake Redevelopment Plan has ticen revievred and recommended for approval by the Fritlley Planninq Commission, 9. That the Moore Lake Redeveiopment Plan and Project as set forth be and hereby is approvedc that the C�ty Cierk is hereby directed to file a copy of the Moore Lake Redevelopment Plan with the minutes of the meeting during which this resolution was passed; ana t�iat the City Manager is hereby directed to inform, in writing, the Housing and Redevelopment Authority of the approva] hereby accomplished. The resolution shall become effective upon passage and without publication. PASSED Af�D ADOPTFD 8Y THE CITY COUNCIL OF THE CITY OF FRIOLEY THIS OAY OF , 1981. ATTEST: CITY CLERK - SID C. IN��1AN Ot1;;D,"t/Oqat'�� MAYOR - �;ILLIAM J. NEE DESCRIPTION OF Introduction: 7he City of sippi River just in the corridor Minneapolis and of development i MOORE LAKE P,ED[VELOPMENT PLAN DISTRI Fridley is located along the East Bank of the Missis- north of the City of Minneapolis. Fridley is located of Anoka County and serves as the passage way between the North Central Suburbs, and is an important center n Anoka County. The City is a first ring Minneapolis suburb and as such developed initially as a"bedroorn community" with only neighborhood convenience centers along major access routes creating strip commerical and pockets of incompatible uses. The Moore Lake Redeveiopment District is a com- bination of this type of development. District Area: The Moore Lake Redevelopment District is legally described in a separate section of this plan and constitutes the complete land area for the District. dISTRICT ELIGIBiLITY A. Authority Under Minnesota State Law, local housing may undertake the redevelopment projects rated. t4.S.A. 462.421 Subdivision 11 and redevelopment authorities for areas that are deterio- "Deteriorated areas mean any area, inc7uding slu buildings or improvements which, by reason of dilapidation, cence, overcrowding, faulty arrangement or design, lack of light, and sanitary faci7ities, excessive land coverage or land use or obsolete layout, or any combination of these o factors, are detrimental to the safety, health, morals, or m areas with obsoles- ventilation, deleterious r other welfare of the community.° Local housing and redevelopment authorities may undertake rede- ve7opr�ient projects that are directed at irnprovinq said deteriorated area. (M.S.A. 462.422 Subdivision 13). Minnesota 5tate law permits any work or undertaking. 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Eligibility The Moore Lake Redeveiopment District is eligible as a publicly as- sisted redevelopment district for the following reasons: 1:13'�:iE There is a severe traffic safety problem at Highway 65 and Rice Creek Road. This intersection is serviced by inadequate frontage roads to the conrrnercial strip centers on both sides of the htgfiway. This intersection presently carries almost 35,000 vehicles per day and generates a great deal of cross traffic flow through the service drives, The Public Safety Department has recorded an unusua}ly high incident of accidents to both life and property. 2. The Shorewood Shopping Center, Sears Buildinq and Shore- wood Inn, is blighted and suffers from safety hazards due to poor traffic des�gn. The Center is serviced by the Rice Creek Road - Nighway 65 intersection and service roads. 7his creates turning problems within the inter- section stacking area in order to enter the parking fa- cilities. Lack of parking areas at the Shore�vood Inn creates congestion on the service road. Further, Shore- wood Shopping Center is p�orly desi9ned in terms of traffic circulation within its own parking lot and egress and ingress onto city streets. 3. The 7and area south and east of the shopping center is largely vacant and underutilized due to poor soil condi- tions. This area is the drainage inlet to Moore Lake which is primarily unstable soil for development. This is the primary purpose that this prime location property is not developed. This property is blighted because of the cost to ;nake this land developable. In addition to the soil problen�s, the City wi71 be initiating a restor•a- tion ��roject fcr Aioore Lake which will assess this proper- ty with necessary costs of the project. � _,._ 4. The shopping area to the west af Highway 65 is blighted due to inadequate design, poor land subdiviszon and zoning practices. There are tracts of vacant land which are unaccessible due to poor layout of strip commercial. The existing traffic patterns create hazardous condition due to poor parking egress and street design. The vacant land requires substantia? land costs due to poor soil conditions. AREA 2: 1. This area is primariTy underutilized residential which 5s blighted due to poor planning, subdivision and zoning practices. The existing structures are small structures on large land tracts. Based on present land subdivision regulation, approximately 80% of the land area tiaould be vacant. 2. The land area just north of Rice Creek Road contains large areas of poor soil conditions as part of the Moore Lake Drainage Basin. Substantial expenditure wi71 be needed in this area to allow for deveTopments. 3. There also is a substantial number of structures which are blighted and require major rehabilitation or removal due to unsafe housing conditions. AREA 3: 1. There �s a severe traffic safety problem at Higho-:ay 65 and Old Central. This intersection presently carries approx- imately 44,000 vehicles per day and has a confluence of 4 separate collactors (Nighway 65, Central Avenue, Moore Lake Drive, Hathaway Lane) and is considered as a safety hazard due to poor traffic design. The Pubtic Safety Department _ has recorded an unusually high incident of accidents to both life and property. 2. The area adjacent to Hillwind Road is a large tract of un- developed land which is bli9hted due to substantial devel- opment costs to correct poor soil conditions. This area is also part of the Moore Lake Orainage Basin and will require renovation as part of the Moore Lake Restoration Project. 3. The area west of High���ay 65 is blighted due to underutili- zation of priore commercial land. The area is serv.iced by poor accass through the intersection described in �1 above, which requires substantial modification. This area needs public assistance to encourage developir�ent because the present land use has resulted in a stagnant and unproductive condition of land. This land has the potential for con- tri6u�ing to the economic, developnaent and general we]fare of tne c;ty. _.�_ REDEVELOPhtENT GOALS AP�D Ot3�ECTIUES The Pridley Housing and Redevelopment Authority an� the Fridtey City Council establish the fallowing goals and objectives for the Moore Lake Redevelopment Project. These goals and objectives are an outgrowth of the Fridley Comprehensive Deve]opment Plan. A. To redevelop the Shorewood Shopping Area into a Neighborhood Shopping Center to service the surrounding neighborhood population. S. To promote and publically assist the devetopment of the undevel- oped and underutilized property in the Redevelopment District. This shall include the use of Tax increment financing to develop commercia7 and housing developments. Such assistance may include land "write down" costs, land acquisition and parcel assemblage to provide large land tracts for development, property acquisition and clearance for new developments, property acquisition and clear- ance of non-conforming land uses that are near new developments, ftnancial assistance in the provision of public utilities, finan- cial assistance for the provision of necessary site improvements, and such other assistance that is in conformance with State Law. C. To stimulate private investment to stabalize and properly balance the hous9ng supply. To increase employment opportunities and employment alterratives through an active program of commercial development in those areas best suited for this development. To increase the tax base of the City through cooperation and as- sistance to commercial and housing developers with consideration of full utilization of underutiiized residentiaT, commercial and industrial properties F. To provide a plan and continued planning for orderiy commercial and residential expansion vrhich allot,�s for the most economical utilization of munici�al services. G. To provide development and redevelopment oppot°tunities that will allow for the construction of a variety of residential units and commercial services throughout the M�oore Lake Redevelopment Pro- ject wfiich would effective7y serve the housing and connnnercial service needs of the City. To designate through official land use controls, areas best suited for residential and commercial development. I. To maintain a heaTthy, safe environment through out the P�oore �ake Project Area, _q_ �. To provide variaus forms of financial assistance that are deemed aQpropriate, lega] and acceptabie to private enterprise in their developuient efforts such as industrial revenue fonding, tax ex- empt municipaT revenue bonds, or state and federal loan and c}rant monies. K. 7o promote sound land use development procedures including area design standards, landscaping and lighting standards, architec- tural review of new developments> and such other standards that may be deveioped that promotes sound land resource management. L. To continualiy update development and redevelopment plans, de- sign standards,and other officiaT controls that will promote sound development, redevelopment, hea7th and safety. SPECIFIC GOALS AND OBJECTIVES More specific goals attd objectives will be developed with each tax increment financing p7an for specific projects in the Moore Lake Re- deve7opment Oistrict. -5- R€DEVELOP��ENT PLAN The P•�oore Lake Redevelopment Plan includes all of the goals and objectives incTuded herein plus all other information included in this plan and each tax increment plan as submitted by the Fridley Nousing and Redevelopment Authority. The Moore Lake Redevelopmertt Plan establishes three {3) major areas of redevelopment. Each of these areas w�l] be included in a project re]ated tax increment plan as required by Min- nesota 5tatutes 1979 5uppiement Chapter 273.74. Each plan wil7 require financial findtngs of feasibility, separate contractural agreements be- tween the City and developers, City approvals of land use, zoning and such other requirements that may be established, and compliance with the goals and objectives of this plan. There may be more than one project for each area as established by the tax increment financing plans. Tfie determination for projects will be made by the Housing and Redevelopment Author�ty with the approval of the Fridley City Counci] after carefu7 consideration by the Planning Com- mission. The three (3) areas of Redevelapment are as follows: AREA 1: 7he 7and located West of Highv�ay 65 and �orth of Rice Creek Road including: �apie Lanes Bowling Alley, Chanticlear Pizza, Sinclair Gas Station, Kjeseth Animal Hospital and Moore Lake Funeral Chapel. Tfie land East of Highway 65 north and south of Rice Creek Road including: Shorewood Shoppiny Center, Sears Surplus Store, Shore- wood Inn and 7 resitlential homes. The area includes acres and is suitably located for strong commercial with supporting res- idential development in the vacant land east of Highway 65. This area shaTl be referred to as the Shorewood Area. AREA 2: The land located East �f Old Central io Arthur Street and North of Rice Creek Road to b6th Avenue N.E. inc7udin9 mostly single family homes. The land South of Rice Creek Road and East of Cen- tral including the unplatted residential land of Auditors Sub- division Number 22 and those large residential tr•acts as desig- nated by the following addresses: 1490 - 1540 and 1626 - 1632 Rice Creek Road and 6175 Central Avenue. The land West of Old Central north of Rice Creek Road including alT of Herwal Rice Creek Terrace'and the property south of Sandee's. The Area in- cludes Acres and is suitably iocated for residential de- velopment. This area shall be referred to as the Spring Vailey Area. -6- AREA 3: The land located east of Higfiway 65 and narth af I-694 generally located between Polk Street and Filmore Street. The land west of Hightiaay 65 and north of I-694 including the 100 Twin Drive-in. This area includes Acres and is suitably located for com- mercial deveiopment on the western portion with residential devel- opment on the eastern portion. This area shall be referred to as the South Moore Lake Area. In each of these areas the Housing and Redevelopment Authority may estab7ish a development prospectus for the development or redevelopment of the proposed land area. The development prospectus shall be in compliance with the goals and objectives of this plan and such other requirements as may be established. The development prospectus may call for the Fridley Housing and Redevelopment Authority to acquire some or all of the property that are a part of this redevelopment pian. The determination of which properties are to be acquired wiil be based on sound development practices, financial feasibility, needs of the private developer, conformance with the goals and objectives of this pian and such other considerations deemed appropriate. In each area, a separate tax increment plan vrill be developed for each project which will become a part of this document. The Housing and Redevelopment Authority and the City Council shall make separate deter- mination on the use of other financial incentives that may assist private enterprise in the redevelopment effort. These financial incentives may include the use of industria] revenue bonding, tax exempt revenue bonds or other Federal and State loans and grant monies. -7- LAND AND REAL PROPERTY ACQUISITION PLAfd The floore Lake Redeve}opment hlan will require certain property ac- quisitions. The properties to be acquired will be determined on an in- dividual basis with the development of the Tax Increment Plan during the redevelepment process.` The redevelopment process will include responding to private developer's'proposaT for land needs, making parce]s available {or develapment that are of sufficient size to accomodate development, the elimination of substandard structures, the removal of blighting con- ditions, the removal of non-conforming land uses when such removal meets " the goals and objectiues of the Moore Lake Redevelopment Plan, and such other factors that are necessary to accomplish the nverall redevelopment goals. The Moore Lake Redevelopment Plan envisions and establishes a �eed for property acquisition. The plan does not establish specific properties, but rather allows for that determination by the Housing and Redevelopment Authority during the implementation of the plan. The determination of properties to be acquired shall be based on the following goals or such other goals that may be added to this plan. Goais for Property Rcquisition Structures that are determined by the Fridley Building Inspector to be struciurally substandard. 2. land and/or structures that will permit land development and redevel- opment parcels to be large enough io accomodate new developments and corresponding parking requirements. 3. land and/or structures that are needed to make necessary public im- provements in a proper relationship to the pro,iected project. 4. Properties that are non-conforming 7and uses when such an acquisition will benefit the overall redevelopment goals. This land and property acquisition plan is intended to give flexi- biTity of decision making to the Housing and Redevelopment Authority and the City of Fridtey during the implententation phase of tfae P1oore Lake Redeveloproent Project. The land acquisition plan is intended to accom- plish the overall goals of Redeveloping the Moore Lake Flrea into a viable living/shopping/t•+orking area of the City. Piore detail on specific acquisition will be a part of the Tax In- crement Plan as required by Minnesota Statutes 1979 Supplement Chapter 273.74. -g- LAPJQ DISPOSITION AN� REDEVELOPERS REQUIREMEN7S The Redeveloper or Qeveloper wiil be required by contracival agree- ment to observe the building requirements and zaning requiramenis of the City of Fridley> and such other requirements as may be established by the City Council. Land disposition parcels shall be made available under separate cover as they are-determined by the Housing and Redevelopment Authority. The contract and the disposition documents vrill spell out in detaii provisions, standards, and such other criteria for achievtng the objec- tives and requirements set forth in the hioore Lake Redevelopment Plan or other documents that are made a part of this p1an, Tfie Fridley Housing and Redevelopment Authority and the fridley City Cauncil wili select devetopers or redevelopers on the basis of their proposals, a determina- tion of their ability to carry out such proposals, and their conformance to the Redevelopment Plan. All developers or redevelopers shall supply to the Fridley Housing and Redevelopment Authority and the City Council all information deemed necessary for sound decision making. Land dis- position parcels may 6e through fixed price offerings or by other means, which in the determination of the Fridley Housing and Redevelopmeni A�thority and the Fridley City Council will best assure the attainment of the development and redevelopment goa3s, design objectives of this ptan and its amendments. Developers or Redevelopers will not be permitted to defer the start of construction for a period longer than that required to prepare archi- tectur�al plans, obtain satisfactory financing, and to review and approve such plans by the Fridley Nousing and Redevelopment �uthority and the Fridley City Council in order to esta6lish their conformance with the provisions of the p7an, the disposition documents, and such other require- ments that may be established. In addition, the fal7o�aing provisions will be included in the agreement. 1. That the deveiopers or redevelopers will submit to the Authority and Counci7 a plan and schedule for the proposed development. 2. That the purchase of the land is for the purpose of developnient or redevelopment and not for speculation. That the land 4ai11 be built upon and impraved in conformiiy with the goals and the provtsions af the redevelopment plan or its amendments. That the building and in�provements will be commenced and comp]eted within a separately contracted time period and that said contract shall establish provisions for bonding and surh other provisions that the �uthorit,y and City deem necessary. -9- FINRNCE PLAN Without excluding any other type of available financing, it is the general intent that the Moore Lake Redevelopment Project shall be financed by the use of Tax Increment Financing, General Obligation Bonds, or Tax Increment Financing Revenue Bonds, which shall require subsequent City Council approval pursuant to MSAS 273.71. The Fridley-Housing and Rede- velopment Authority and the frid7ey City Council shall insure that all aspects of this project are in compliance with state law. The actual summary of projected expenditures and revenues as of yet cannot be specifically determined. Projected expenditures cannot be spe- cifically determined until fina] determinations are made separately by project in the redevelopment program. When final decisions are made re- garding property acquisitions, the H.R.A. and City Council shall determine specific revenue and expenditure projections for that phase of the re- development program. These specif�c projections cannot be adequately determined at this point due to the following factors. A. New formulas to determine assessed value. B. Inflation/deflation of values. C. Acutal cost of property acquisition. D. Legislative changes in the Uniform Relocation �ct. E. Final determinations on reloaction benefits. F. Final negotiated contract price for the sale of land development parcels. G. Undetermined financial incentives to developers. H. Others (this list is not exhaustive but rather illustrative). -10- RELOCATION PLAN The Moore Lake Redeve}opment Plan wi17 require relocation of persons and businesses. 7he determination of which person(s) and business(s) to be relocated will be determined on an individual parcel by parcel basis as this plan is implemented. Prior to any relocation or property acqui- sition, the Fridley Housing and Redevelopment Authority and the Fridley Gity Council shall adopt rules and regulations that are in compliance with the Uniform Relocation Act. -ll- PRUCEaURE FOP, AME9tPMENT The Moore Lake Redevelo�ment Plan may be nodified provided the modifi�ation shall be adopted by the Fridley Housing and Redevelapment Auihority and the Frid7ey City CounciT under the provisions af the Municipat Nousing and Redevelopment Act of the State of Minnesota, Secfiion 462.525, Subdivision 6. -12- LFGAL'OESCRIPTIOiy The following described property shall within the Moore Lake Redevelopment Project by adding or deleting 7and area in the same District. constitute �he Tand area included Area. This area may be amended manner used to establish this The Redevelopment Plan proposes the inclusion af the fo77ow�ng described rea7 estate: SEC. 24 Parcel 2400 - Tfie North 250 feet oF the East 830 feet of Government L.ot 1, Section 24, T-30, R-24, except that part of said Government Lot l lying East of Gounty State Aid Highway No. 35 which is also kr,own as Central Avenue N.E. in Anoka County, Minnesota, and except that part of Government Lot 1 described as fo]lows: Beginning at an intersectioa of the northwesterly right-of-way line of County State Aid Highway Nn. 35 also knosan as Centra] Avnue N.E. and the North line of said Section 24; thence t9est a7ong said North 7ine to a point that is 830 feet 41est of the nartheast corner of Government Lot 1 of said Section 24; thence South on a 7fne parallel to the East line of said Government Lot l to a point 250 feet South of the North line o� said Sect�on; thence East and parallel to the said North line a distance of z39.5 feet, thence �dorth at right ang7e to the last described line, a distance of 700 feet; thence East and parailel to the said North line to the said Northwesterly right-of-way line of County State Aid Highway No. 35 which is also known as Centrai Avenue N.E.; thence northeasterly along saic! righi-of-way line to the point of beginning. Parcei 2420 - A71 that,part of the Northeast Quarter of the Northwest Quarter of Section 24, T-30, R-24, described as follows: Beginning at an intersection of northwesterly right-of-way line of Central Avenue - formerly Nighcaay No. fi5 - and North 7ine of Section 24; thence 1Jest along said North line to a poini that is II30 feet west of the nortfiwest corner of the �lorth��rest Quarter of said Section 24; thence South on a line parallel to East line of the Northwest Ruarter to a paint 250 feet South af North line of Section; thence East and parallel io said Plorth line a distance of 239.5 feet; thence North at right angles to ]ast discription a distance of l00 feet; thence East and para11e7 to said North ]ine to said northwester", right-of-way 7ine; thence northe3sterly along said right-of-way iine to point of beginning, except that part for highway. Parcel 2460 - South 100 feet of North 350 feet of Government Lot 1, Section 24, 7-30, R-24, except that ��art of said Goverrnnent Lot l lying Cast of Highway No. 65 right-of-way as formerly constituted and now know as County Hi9hway No. 35. Parce] 2500 - The South 100 feet of the t�orth 45d feet of that part of Government Lot 1, Sectiort 24, T-30, R-24, lying easterly of a line running parallel tiaith and distant 830 feet aaesterly of the North and South quarter 19ne of said Section 24 and ]ying u�esterly of Iligh�vay No. 65 rigi�t-of-ti•iay as same i�ras located on July 17, 7�53, except part for high�•lay. Parcel 25h0 - South l00 feet of North 550 feet of that part of Government Lot 7 lyinq tJest of center� ]ii}e of lliyh��iay No. 65, except part for hi9hway, a�pra;�imate balzrtce after Higtr��tay, except a;7 of` South 100 feet of North 550 fect of that p�rt of Govc:riinient Lpt 1 7yir.g northt�:e�terly of tfi�li��ray P�o. 55 4ahich lies easterly nt� a line s�u�u�ing parallel tiii?h ar3d di�Lan� 830 feet t•!esterly of htorth and South quartcr line of 5ectioi3 24, exeepi: .�3 aci�e for^ highway, S�ct.ion ?4,� T-30 R-2�t. -13- ' Rarcel 3000 - A71 that part of the follor+ing described tract: Government" l'.ots 1 a�id 2 ir.clu<1in9 Lot 15, P��loland Gardens srliich lies north�;resterly � tsf the northt�estcrly bourtdary 1 i+1e of Trun1: Ilic�lit•fay Nn,. G5 as sam� �•ras located on Juiy T7, 1953;and southeasterly of,a line �'unning parailel with �nc distant 75 feei�southeast�rly of {ol]o+�ri�i� desc'ribed line: Be9inning at a paint on South line of Section 23 distant `3 feei 4fest of southeast corner thereof, thence running northeriy and parallei with East line of Section 23 for 1872.4 feet, thence deflect to ri9ht on 1°30' curve- delta an91e 20°08' for 1342.2 feeL, thence on tangent to said curve. for 1684.9 feet; thence deflect to ihe left on a 1°00' curve- delta angle 20°49' for 600 feet and there terminating> except therefrom a triangular piece of land adjoining and southeasterly of abov2 described 75 feet parallel line and soutn�r�esterly of follovring described line; Beginning at a p�int on above described 75 foot iine distant l00 feet ' northeasterly of its intersection vriih the narthsves±erly boundary of Trunk Highway No. 65 as ame t•:as located on Juiy 17, 1953, thence south- easterly to a point on north�rresterly boundary of Trunk High�•ray �lo. 65 ` distant 100 feet northeasterly. , • A.S. �22 Parcel 2065 - Lot 14, except the South 390 feet, Auditor's Subdivision No. 22, and Lot 30, Biack 2, Irvin9ton Addition and adjoinirtg street and aiteys. � .Parcel 2160 - Lot 15, Audifior's`Subdivision Na 22, togefiher with right- of-Vtay for ingress and egress in favor of Lot 15 over and upon the East 30 feet of Lot 16, Auditor's Subdivision P.o. 22. Parcel 2780 - Lot 16, Auditor's Subdivision P�o. 22, subject ta right-of- way for ingress and egress in favor of Lot l5, Auditor's Subdivision t�o. 22, in an over and upon the Esst 30 feet of Lot 16. Parcel 2220 - Lot 17, Auditor's 5u5division No.',22,exceot Squth 55 feet> ��subject to grivaie.sewer and iaater easement favor�South 55 feet of..lot 17. -• ._. . . . . ... . _ 12/i 3/� " Parce7 22h0 - South 55 feet of Lot 17> Auditor's Subdivision No. 22, together 1•rith private se�ver and �•rater ease�aent from ttorth part of Lot l7. (12-13-52.) Parcel 2300 - tot 18> Auditor's Subdivision Ro. 22, except a 15 foot easement to Northti•:estern Qell Telephone Co.> including perpetuat right of ingress and egress over Lot 24, except perpetual rigfit=of-aray over East 30 feet to a�mer of Lot 2�4, except southerly i10 feet front and rear. Parcel 2320 - Southerly 110 feet front and rear of Lot 18, Fiudiior's Subdivision No. 22. Parcc] 24L0 - lot 19, A�iditor's Subdivision Ido. 22. Farcel 2nC�5 - Lot 20, Auditvr's Subdivisio� fdo. 22.. 1,} • A.S. � 25 t Rarcel 300 - 7hat part of:lot l described as fallotivs: Be9inning at a point ti;i�ich is the i'ntersection of the South line of {iackmann Avenue pldtted and the ea�terly iine of Central Avenue N.E., thence easterly along said South line of Flackmann Avenue 101.39 feet to a point of intersectian with a line parallel ti�+itb and distant 130_feet. 4lest as measured along the North line of said Eot 1 of a..line described:as foilows; beginning at a point on ihe Paorth line �f said Auditor's � Subdivision No_ 25 distant �92.5 feet East of the Northtirest corner thereof, thence South a distance of 208.2 feet to a point on a line parallel with and 160 feet f�orth of the most southerly line of said l.ofi l, tivhicfi point is 437.44 feet distant East from the center line of Central At�enue 1�l.E. and there terminates, thence South along said parallei line 285.11 feet to a point on a line parallel aiith and 160 feet horth of the most southerly line of said Lot 1 t�rhich point is 249.62 feet East from ihe easterly right-o`-�vay line of U.S. Trunk Highti•�ay No. b5, thence parallel with the most southerty line of said Lot 1, a distance of 249.62 feet to the easterly right-of-aray line of U.S. 7runk Highivay No. 65, thence northerly along said easterly right-of-�•ray to its intersectzon with the easterly 'line of Central Avenue P1.E., thence continue in a northerly direction along �aid easterly line to the point of beginning, except the North 135 feet, and except that part taken for higfi�•1ay puraoses. � Parcel 350 - North 135 feet of that part of tot t, described as follows: " Beginning at a point i,�hich is the intersection of the South line of tiackmann Avenue as platted, and the easterly line of Central Avenue TI.E.> . thence easterly along said South line of Hac}:r.:ann Avenue 101.39 feet !lest as of intersection with a iine parallel s�:ith and distant t30 fie2t id2st as measured along the North line of said Lot 1 of a line described as fallo��rs: Beginning at a point on the North �ine of said Auciitor`s Subdivision Plo. 25 dist�nt 492.5 feet East of the north��est Corner thereof, thence South a •d.istance of 308.2 feet to a point on a line paratlel ti•iith and 760 feet P;orth of the niost southeriy line of said lot i r:hicli point is �E37.44 feet distant from the centerline'o# Central Avenue N_E, and there terminates, thence South along said pa1-allel line 2II5.11 feet to a point on a line parallel t•rith and 160 feet North af the most southerly line of said Lot 1 4thich point is 249.62 feet East fro;n the easterly right-of-etay line of U.S. Trunk Higi�way Plo. b5, thence klest para7]el with the most southerly line of said lat i, a distance of 2�9.62 feet to the ' easterly right-of-��iay line of U.S. Trun'r. High�•iay f�o. 65, thence northerly alonq satd easterly right-of-��rey line to its intersection. . with the easterly line of Central Avenue tJ.E., thence continue in a northerly direction along said easteriy line to th� point of beginning. Subject to easement of record, except that part taken for hight•iay purposes. 15 - ParceT 40Q -.7he rresteriy 10 feet of the easterly 130 feet vf that par�t of Lot 1, Rudito.r's Subdivision i�o. 25.lying 5outh of the souih line oF Nackmanrr Avenue as shoarn by the.recorded ptat of Parkvieti�r 14anor 2nd Addition, ti•rhich point is described as follo�vs: Begin��ing at a point on the Pi�r±h line of said 1luditor's Subdivision , �to. 25 distant 221.7 feet east af the North�,rest corner thereof; which point is also on the center)ine of Central Avenue, thence East on said North line a distance of 270.8 feet, thense a distance of 30$.2 feet to a poant on a line parallel riith and ]60 feet tJortb . of the:most southerly line of said Lot 7 ti•rhich point is 437.44 feet disfiant East from ttie centerline of Centra] Avenue, thense iJest a]ong a tine parailel with and Zb0 feet Paorth of the most southerly line af said Lotl 437.44 feet to the certteriine of Central Avenue, thence northeasterly atong said centerline to the point cf beginning. Parcel 550 - That part of Lot 1 lying South of a line 160 feet to ifie Aorth of and parallel to the most southerly line of said tot 1 and bounded on the tJest by the 41est line of Section 24, T-30, R-24, and on the East by a line parallel to and 656.92 feet East of said lJest line of Section 2�4, 7-30, R-24; said easterly boundary of the premtise also be9ng the «esterly line of Polk Street; subject to easement for highway purposes over that portion of said premises heretofore condemned for highway purposes, subject to street artd utility easemeRt . over 4test 20 feet to City of"6ridiey 4/i4/64, except part taken by State of (4inn2soia for high+.vay per amended final certificate dated 8/21/64, except East 265.1 feet for Parcel 570. Parcet 570 - The fast 265.1 feet of that part of Lot 1> iying South of a line 160 feet to the North of and para17e1 to the most southerly line of said Lot 1 and bounded on the 41est line of Section 24, T-30, R-24, and on the Fast by a line parallel to and b55.92 feet East of sa9d ldest 7i�te of Section 24, T-30, R-24; said easter]y boundary of the premises also being the tlesterly line of Polk Street. Parcei 580 - Tfiat part of the norther3y T35 feet of the easterly i20 f�eet of tf�at part of Lot i lying Hresterly of a lin2 described as .'follo�as; 6eginning aC a point on the F�orth line of said l�uditor's Subdivsion No. 25 distant A92.5 feet East of the north�,rest corner thereof; thence South a distance of 308.2 feet more or less to a point on a line paralle7 with and 160 feet tiot•th of the mast southei•ly line of said Lot 1 ti•+hich point is h37.44 feet`distant East from the centerline of"Genti�al Avenue • and there tei�nri nates; and southerly Qf the South line of Nackmann Avenue as shoti�rn by the recorded plat of Park Vierr I•�anor, 2nd Flddition. �` Parcel 60Q - The easterTy i20 feet except the nohtherly 135 feet af tTat part of Lot 1, H�fiich is rtescribed as foiiotrs to ��rit; Geginning at a point on tiie Morth line of..said.Auditor's Subuivision ilo. 25 distant 221.7 feet Cast.Uf the northt•rest corner thereof; S�ihich point is �also on t�e centerline of Central Avenue, thence East on said florth line a distance oF 270.& feet, thence South a dist<:nce of 30,.2 feei to a point on a )ine para11e1 alitf� and 16C feet ;9ortfi of th� most scutherly line of saici !_ot 7, rri�ich poinY, is 437.4'� fe�t disi;ant East from the center]ine o� Ccrttral llvent�e, thence 6test along a 7fne parallel t•rith and 1t0 feet iVorih or" the most southeriy line of said !_ot 1 437.4& feet to Lhe cent�rline af Gent.ral Avenue, tiience northeasterly alo?tg sazd centerlir�e to the �nznt of h�ginnin9> and ex.r.ept tf�e Vorth 3� feet tneasurecf aionc� ti�r. t;orti� iine o� �aid Lot i. . . 15 ' Parcel 1100 - Lot 3, except the easterly a)any the tlorth and Suuth lines thereof, lying ti•ri#hin State Trunk tiighv;ay No. 65, Finance Tnc., Parcel 1t20. b50 feet-thereof as measured and except that part thereof except part to 1�lidwestern Parcel 1270 - All that part of Lots 3, 4 and 5, described as beginning at the northeast corner of said 4ot 3, thence North 89°56'39" 4)est along North line of said Lot 3, a distance of 13311.64 feei to the actua] point � of beginning of the land to be hereinaPter described; thence South 1°15'45° East 201.59 feet; thence on a tangential curve to the left, the radius of _ whjeh is_68,44 feet..and the chord of said curve_bears South_13°49'45" East__., a distnace of.30,feet,,5outh 62_°40'27°.tdest 76.79..feei more.or less to a..__ _point on the South,line of said Lot 5> distant 1393.62 feet btest from the Southeast corner of said Lot 5, thence northe+esterly to a point on North lir:: of said Lot 5, distant 1505.96 feet 41est from the northeast corner of said Lot 5, thence 4Jest along said tJorth 7in2 of Lot 5, a distance of 88 feet, tr,-_ North..to a_point on South line of said Lot 3, distant�i593.96 feet iJesf froi, �he..Southeast,corner thereof, thence East lone sa�id South 1 ne of 1o�3'to West'line of East 158�.4 feet of said Lot 3, thence 1lorth aTong said 4test line of East 1580.4 feet of Lot 3 to the tiorth line thereof, thence South 89°56'39" East along said North line to the actual point of beginning. Rarcel 1400 - Lot 6, except the East i5� feet of 4lest 330 Feet of Soutk 80 feet, except South 6 feet (Parcel 1450j, except the part taken for highatay, except easement over ldest 330 feet of Sauth 6 feet, except. .OF3 acres for highway, except East-erly 650 ��eei to School, subject to easement to City of Fridley for street over tlest 22.7� feet of East 672.?3 feet of Lot 6, except part iaken for hiah,�+ay per F.G. approved ' 2/2/68> subject to agreement i•+ith Ciiy 3/6178. ' . parcel 1410 - That part of lot 6, lying easterly of the northeasterly right-of-�aay line of Outer Drive of State Trunk High��ray and blest of a line 1253.20 feet 41est vf the East line of said Lot 6, as measured. at right angles to and parallel with the East line of Lot 6, subject to easements of record. Parcel 1510 - Lot 7, except that part for over North 6 feet af 1•test 330 �eet, acres for hight,ay, except easterly and except part taken for higii�•{ay p Parcel 1560 and Parcel 1570. eacept 650 fee er f.C. higha�ay, except an easement part to Dlorin, except .05 i to School, Parcel 1050, appro��ed 2/2/GII, and except Parcel 156Q - Lot 7 lying southwesterly of a iine and its extensions dratian parallel �rith and 30 feet south�,�esteriy of a line described as follows: Com+nencing at a point 30 feet South of and on a line at right angles to tne Norih 7ine of Lot 7 from a point on sa.id tlorth line G47.73 feet l�lest of the East line of saicl Lot 7 t�hen measured along said lJorth ltne; thence southeasterTy to a point on ,the northerly extension of the C-ast line of �•,hat 4�ras {ormeri)� lat 3, Auclitor's Subdivision �io. 9�, 30 feet Florth of the northeastly corn of said Lot 3��ihen r�.easured along said northerly extension and there terminatinct, 11t�D l4est ;00 feet of East II00 feet nf Lot II, ltuditor's Subdivision Flo. 25 (except Parcel 17G6;, 1G " HND thnt part of Lot 7 describe� as follows: Commencing at the Southrrest cnrner of t:fie Easterly 650 feet nf said Lut 7; ti�erice North paralTel �•tith ` ihe t�Jorth line of said Lot 7, a distance of 55 fee�; tiience 1•test parallel 4rith the South line of said l:ot 7, 150 feet; thence South`parallel with the East line of sa�d Lot 7> 55-feet to the South line thereof; th°nce East ]50 feet to�the point of beginning. (Subject to the opanin,y of Fillirore Street over the East 25 feet thereof}, ,, Parcel 1570 - AT1-thai-pa:`t' of'tfie�4lest°150 feet'oS—the-East, 800.feet _ of Lot 8 lying in the Sc�uthwest Quarter of thQ Aortheast Quarter„of._the Southwest Quarter of Section 7_4, T-30, R-24; and except for the portio'n thereof described above, the 4lest 150 feet of the East 800 feet of Lot 8. • Parcet 1740 - Lat 8, except the East 800 feet and except that part thereof iying West of the nartheasterly right-of-way line of the czuter drive of the State Trunk Highway, subject to easement over ihe South i2 feet. . A.S # 88 Parcel 1850 - Lot 9, excep`. for right-of-way, except part taken for Highway i.p. 1-26-6], except East 800 feet to City of Fridley> Parcel T86Q . Parcel 1860 - 7he East 800 feet of Lot 9, except that part to Independent SEhoo1 District No. 13. . Parcel SO - lots 1 and 2, Audztor`s SuUdi�ision Plo. 88> subject to 20 foot accepted utility easenient to the City ef Fridley. . Parcel 160 - Lot 3, Auditor's Subdivision No. 88, subject to utility � easerr�nt over Sauth 20 feet. Parce'i 200 - Lo� 4, Auditor's Subdivision No. 88. Subj. ta easement over East 54 feet. ' Parcel 2hQ - Lot 5, Auditor's Subdivision No. 88. Parce7 280 - Lot 6, Auditor's Subdivison No. 88. Parcel 1500 - That part of Government Lots 1 and 2, being a part af ihe southwest Quarter of Sect�on 13, T-36, P-24 lying East of a tine drawn 30 feet East oF the Easterly line of Stai:e High;vay Pdo. 65, as the sam� is no;a laid out and constructed, and South of the South line' of t�loore la�:e Highland 3rd l+ddition and the san;e extendr_d easterly, and lying P;oi�tf� of the follo��ririg described tract, that part of Governrrent kois 1 and ?, Section 13, 1"='30, Et-24, iying 33 feet on each side of the fallo.�ring clescr•ihed cenier line, coir�mencing at tlie nor�lieast carr�tr af 17 said Government Lot 2, Section 13, T-3Q, R-24, thence lJest along the t�orth line thereof 23II.H1 feet, thence to the left on a tai�gential curve havin9 a radius of ?.30 feet and a delta angl� of 59°24' a.�istance of' 238.45 feet, thence southaiesterly tangent to said curve 527.71 feet, thence to the ri�ht along a �ar�gential curve.having�a-radius of 230 feet and de]ta angle of 62°l6'40" a distance of 250 feet, thence �•resterly tangent to said curve h23 JS feet, more cr less to the easterly line of State Nighway ho, 65 as the same is no�y laid out and constructed, being ` a pari of lots 76 and 17, Auditor's Subdivision ��o. 88> exceptin9 tflerefrom ihat paf•c tlzereof included in the folloti��ing described Tract A, which`tract has heretofore been deeded to the City of Fridley. Tract A � is described as follows, all that part of Lot 1�, Auditor's Subdivision No. II8, being that part of the Southwest Quarter of Section 13, T-30, R-24, described as follov�s; beginning at a point in the south�vesterly lir,e of :>Lot 1, Block 2, t400re Lake Highland 3rd Addition, distant 30 feei ° nortln�esterly ofi the Southeast corner of said Lot l, thence southeasterly "��to'said southeast corner, thence Souih to a point in the South line of thr S;: ` west Quarier of said Section 13, distant b25 feet ldest of South Quarter Corner of said Section, thence 4test along the SoutB iine thereof, a distance of 250 feet, thence horth at right angles to the last described line, a distance of 100 feet, thence Ea�t and parailel to said South line a distance of 150 feet, tiience northeasterly a distance of 856.81 feet, more or less, to the point of beginning. Together with an easenient for road purposes over that part of the follor,ing described tract, tvhich lies f�estet•ly of above described Tract A> that part of Government Lots 1 and � 2, Section 13,�T-30> R-24, lying 33 feet on each side of the folloo+in9 described center line, co�nencing at the northeast corner of said Government Lot '2, Se�tion 13, T-30, R-2R, thence l�lest along the North line thereof 23II.81.fieet, th�nce Yo the left a1o�1g a tangential curve having a radius of 230 feet and a deltz angle of 50°24' a distance of 23�.45 feet, thence southafesterly tangent to said turve 527.71 feet, thence to the right along a tangential ciirve.having a radius of 230 feet and a delta angle of 62°16'40" a distance of 250 feet, `thence V�esterly tangent to said curve 423.78 feet, nore or less, to a point which is 30 feet East of the easterly line of �tate Highway No. 65 as the same is now laid out and const!-ucted being a part of Lots 16 and 77, Auditor's Subd�vision No. 88. ' Parcel 1800 - Those described� as follorrs: T-30, R-24, described corner of Ploore Lake tfience in a sauthi��est �way of 63rd Avenue N. lst Addition, a dista right angles to the 1 - said South right-of-i�i lst Addi'tion extended beginning, thAnce in a distance of �49�.25 angle to the ltft of oaesierly direction at ofi iniersection tioith aior.g the sa�d.South of said $LC�'iUtl 13, t b2girii7ing, except par exccpt pai�t to City o taide to City of Fridl �arts.of Lots 16 and 17, Auditor's Subdivis;on No. 8fi, All that part of the Sout;hvrest Quarter of Section 13, as follo�•rs: cor�mencing at the most southerly iighlands lst Addition according to the piat thereof, �riy direction at right angles to the �outh right-of- :. as originally platted of said troore lake ilighlands ice of 175 feet, thence in a southeasterly direction a�. ine just described, along a line parallel to the iy line of 63rd Ave. N.E. of said 1400re Lake Highlands a distance of 169.75 feet to the actual point of � northwesterly direCtion alon9 the line just descrihe�S Feei, thence in a�•resterly direction at a deflection ?2°20' a distance of 309 feet, thence in a south- a deflect9on angle to the left of 77°22' to a poirt �he South �ine of said Section 73, thence easterly line to a point 625 feet :1est of S�uth Quarter corner ience in a northerly direction to the actual point of t to Viilage of Fr•9dtey, except G>a.rt,.,for fll�ii4•ldy, f Fridley for rroad, subject to.street ease,e�rit G6 fcc�. �y per QCO G/1/G6. except Parcel 150u. 18 . Narce} 7820 -• AlT that �art of Lots 16 and 17, Au�itor`s Subidivsion No. �� or that part of the Soutlnrest Quarter of Section 13, T-30, R-24 decribed as follo�,rs: Qe�inning at the intersection of the southeasterly right-of-t3ay line of State tligh�;ray No. 65 and the South line of said Southwzst Quarter of Section 13, thence East along-#he South line of saia Southv�est Quarter for a distance of 232.0 feet to a point, said point 6eing. 1394.80 feet> more or less, l�lest of Soui:h Quarter corner of said Section 13; thence North at right angle to the last described 1ine for a distance of 2II5.54 feet; thence northwesterly.ylith a__deflection.�n_gle to.the.left nf 78°54'9"_for a distance of 163.6'C: faet, t^ore.o.r.les5,_to the said south-. � westerly right-of-w�y line; tbence south���esterl.v dlonq said. southeasteri;� hight-of-4ray to.the point of_beginning. Parcel 1840 - All that part of Lot 17, Auditor's Subdivision No. 88> being that part of the Southti•�est Quarter of Section 13, T-30, R-24, �lnoka County described as foTlo�rrs: Beginning at a point in the south+•resterly line of � Lot l, Block 2, Moore Lake Highlands 3rd Ftddition distant 30 feet north- tvesterly of the southeast corner of said Lot 1, thence southeasterly to said southeast corner> thence South to a point in the South line of the South�vest'Quarter of said Section 13, distant 625 feet 4;est of the South Quarter corner of said Section, thence btesi along the Souih line..thereof> a distance of 250 feet> thence t�orth at right angTes to the last described line, a distaE�ce of 100 feet, thence east and parallel to said South line, a distance of 150 feet, thence northeasterly a distance of 886.II1 feet, more or less, to the point of beginning. T}iis tract shall be per(3Atually dedicated for public drainage purposes to the said Yillage of Fridley. Parcel 2000 - Lot 17, Auditor's Subdivision No. 88, except part platted as i�loore Lalce Highlands lst Addition, except Qart to Central Avenue Investment, Inc., exce[�t part platted as 1400re Lake i3ighland 3rd Addition, subject to street easement 66 feet Ytide to City of Fridley per QCD dated 6/1/66, ' fl.S. �94 Parcel 1S0 - Al1 of !ot 2> except the East 200 feet. A.S. # 155 Parcel 250 - t_ot 3> Auditor's Subdivision No. 155, subject to street and uti7zty �asement over l�;est 33 feet per QCD s"-?_9-65, except part taken for highti��ay per F.C. approved 3/18/68, subject to and together ti•�iih ri��nt of'access. Parcel 90Q - Lot 4, AtFClitor's Subdivisinn No. 155, except part €or hightaay, except part for� highv;ay, except part for hiyi��aay per FC approved 3/lII/6G, subject to and together with right of access. Parccl 9Z0 - Lot 5, A��ditor's Subdivisioa ^!o. 155, except .12 acre for highti;ay, exc�;; part taken for hi9hraay per F.C. apnrovc:d 2/2/63. 19 � , Lot 22, alock 70, Danr�ay's Lakeview Manor /�dditio❑ Lot 5, Blcck 5, Donnay's Lakeview Manor Addition � Outlot 1, Block i, Donnay's Lakeview Manor Addition Lots l, 2, 3> 4 and 5, Block 1, Herwal 2nd Addition Out7ots 1, 2 and 3, Block l, Moore Lake Highlands Gth Addition Lot l, 61ock 3, Aloore Lake Hilis Lot 1, atock 1, Hillti�iind Additian . . ,. � .. ; Lot lA through 66, Block 1, Itiven Terrace Lots l through 7, 81ock 4, Lyndale 6ailders 6th Addition Lot 1, Block l, Real Estate ]0 Addition � � �. Lots 3, 4, 5, 6, 7 and 8, Block 1, Erco's ist Addition . � Lots 1, 2, 3, 4, 5, B]ock 1, Hervr3l Rice Creek Terrace � . . , � I,ots 13, 14, l5, ]6, 17, 18, }9 arrd 20, Block 1, Spring Va]7ey Addition • `� Lots l0, 11, 12, 14, 15, 16, 17, 18 and 19, Biock 2, Spring Valley Addition � � 2U �. � r-'r�' ^E ..0 :,` � =': � . �"�`°�'� �'G N (� � �^a �yoo) .� , ,�:i .; � .. ' ." q " a nri � >i �r, . . � �i � ._C - e ...� . . :;�,:.t! I_ �t__�_ :_� , � , �.�, - /{z�nl �e� -- � ' �Ji/ F`�V;�/P . . Ws:L�i. . � f 1 i � ��� . G� / . ` I . z, � � I � � �i . d o ` � .' 'r ' I I,J £SHERWAL�° ��r �p�, r � � � r� , � � (1.500) f; � ; �ZS� � ' z t .,�., g ' `• ' . �I' YADDZ ,.� � ��.i� ` i AUDI70RS ° � � �.._ w 1 !� ��� � �`3) ; ��' ,..ti �i�o% z� d F e�. ; : �, � i L ;� a� `',aK� , palv�. : Y` : __`i— -__ _ �� � {:' � aAd 4 E . y '-l. � r , � t, , � � r i �i . . f h�N�% �'. 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""n-: °_s...,. .. �' 7 - ...`4,�/. � . . = t; " -\ .S V Y . . .�y. % i . . � . wy � ,._ ' .-_ __ ' _E�'r'i-' W ..� r _.� . i . �� '/ i . 1.� ��.:� '--,---�_ i � � � i1 �'}�—�.•._ > 4 g� .•� r�;-:6 It� s F i- _ � � . � '1 1 .� " �.. � �� ii s, 1 rJ �t7 �� :{ �n , Z � e O O � _ � �; . ,. � M F- ` ,� _ .q':.: o � 7 � ' � a = m . � � N . r_,. i�,+�`.. f z ¢ J a F z w � a 0 J w W M � W •"S � � X ¢ ¢ J W Q' O O E P TABLE OF CONTENTS L Public Hearing Notice - Housinq and Redevelopment Authority SI. Public Hearing Notice - City Council i ITI. Planning Ccenmission Resolution - Finding the Fridley Housing and Redevelopment Authority's Tax Increment Plan #1 for the Moore Lake Redevelopment Area is Consistant With the Comprehensive DeveloFnnent Plan of the City of Fridi.ey NL Housing and Redevelopment Authority Resolution ^ Approving the Tax Increment Plan #1 of ihe t400re Lake Redevelormtent Area V. City Council Resolution - Approving the Tax Increnent Plan #1 of the Moore Lake Redevelopment Area VI. Certification as to the Original Taxable Value vf Real Property. Within the Tax Incr�nent District #1 of the Moore.Lake Aedevelopment Area VSI. Tax Increment Plan #1 ➢escription of the District .............................. 1 District Eligibility ..................................... 1 Statement of Objectives ......................:........... 1 District DeveloFanent Program Legal Description by Phase ......................... 2 Financing Plan by Phase ............................ 9 General Develo�,snent by Phase ....................... 10 Plan Impact on Taxing Jurisdictions ...................... 1Z Modi,fication of the Plan ................................. 13 Appendi�c • 1. Parcel, Lot, Block, Subdivision, Assessed Value List VIII. City Council Resolution - Reaf£irming Housing and Redevelopment Authority Appointments . . RESOLUTION N0. - 1981 A RESOLUTIOPJ OF THE PLANNING COMMISSION OF THE CITY OF FRIDLEK, FINDIP�G THE FRIDLEY HOUSING AND REDEVELOPMENT NU7HORITY'S TAX INCREMENT PLAN Yrl TO THE N�QORE LAKE ` REDEVELOPMENT AREA IS CONSISTENT WITH THE LOMPREHENSIUE DEVELOPhiENT PLAN OF THE CITY OF FRIDLEY WHEREAS, the Fridley Nousing and Redevelopment Authority has submitted the Tax Increment plan #1 to the Moore Lake Redevelopment Area to the Fridley Planning Commission as per Minnesota Statute, Chapter 273 J 4; and WHEREAS, the fridley Planning Commission has reviewed the Tax Tncrement Pian to determine consistency of said plan to the Fridley Comprehensive Development Plan. NOW, THEREFORE, BE IT RE50LVED BY THE PLANNING COMMISSION OF THE CITY OF FRIDLEY: That the Tax Increment Plan #1 to the Moore Lake Redevelopment Area is consistent with the Comprehensive Development Plan of the City of Fridley and the Commission recommends approval of the plan to the City Council, PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF FRiDLEY THIS DAY OF , 1981. HAI N- ICHARD HA RI ATTEST: CITY C�ERK - SID C. INMAN 0031A/1132A RESOLUTION N0. HRA - - 1981 RESOLUTION APPROVING THE TAX INCREMENT PLAN �1 TO THE MOORE LAKE REDEVELOPMENT AREA AND FILING A PROJECT APPLICATION TO THE CITY COUNCIL Of THE CITY OF FRIDLEY WHEREAS, The Fridley Housing and Redevelopment Authority and the Fridley City Council has approved the Moore Lake Redevelopment Plan; and WHEREAS, The Housing and Redevelopment Authority has determined to use Tax Increment Financing as allowed by Chapter 273.71 of the laws of Minnesota; and WNEREAS, Tax Increment Plan #1 is wholly situated within a duly constituted Redevetopment District know as the Mbore Lake Redevelopment Oistrict as allowed under Chapter 462 of the laws of Minnesota; and WHEREAS, Tax Increment Plan #1 to the Moore Lake Redevelopment Area has been presented to the taxing jurisdictions for their review and comment as required by Chapter 273.74, Subdivision 2 of the laws of Minnesota; and WHEREAS, The Fridiey Hausing and Redevelopment Authority has determi�ed that Tax Increment Plan #1 shall be classified as a housing project and developed in accordance to the Chapter 273 J 3, Subdivision 11 of the laws of the Minnesota; and NOW, THEREFORE, SE IT RESOLVED BY THE HCUSING AND REDEVELOPMENT AUTHORITY OF fRIDLEY, MINNESOTA: 1. That the Tax Incr,ement Plan #1 to the Moore Lake Redevelopment Area is approved and adopted by the Housing and Redevelopment Authority; 2. That the Housing and Redevelopment Authority shall insure that all relocation shall be in accordance with all appropriate state and Federal relocation requirements; 3. That all real property acquisition shall be determined in accordance to _ the conditions as layed out in Tax Increment Plan �1; 4. That the Housing and Redevelopment Authority make the necessary application to the Fridley City Council for approval of the Tax Increment Plan #1 to the Moore Lake Redevelopment Area, in the manner required by law. PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF FRIDLEY THIS DAY OF , 1981, LARRY COMMERS- CkAIRMAN HOUSING AND REDEVELOPMENT AUTHORITY ATTEST: EXECUTIVE DIRECTOR - JERROLD L. OA DMAN 003TAf1125A 'RESOLUTION No. RE50LUTION OF THE CITY COUNEIL OF FRIDLEY, MINNES�TA APPROV- ING TAX INCREMENT PLAN #1 OF THE MOORE LAKE REDEUELOPMENT AREA WHEREAS, under provisions of the 1973 Housing and Redevelopment Act, Minnesota Statutes, Section 462, 411 et seq., the City Council of Fridley, Minnesota must approve redeve1opment projects to be executed by the Housing and Redeve7opment.Authority of Fridley, and . WNEREAS, the Fridley Housing and Redevelopment Authority and the City of Fridley has approved the Moore Lake Redevelopment Plan; WHEREAS, it has been determined by the Fridley Housing and Redevelopment Authority to use Tax Increment financing to finance projects in the area defined by Tax Increment Financing Plan #1; and WHEREAS, THE Tax Increment Plan #1 to the Moore Lake Redevelopment Area for approval was reviewed and approved by the Fridley City Planning Commission on the day of , 1981; and WHEREAS, the Fridley Housing and Redevelopment Authority has submitted the Tax Increment Plan �1 to the Fridley City Council; and 4PriEREAS, pursuant to notice given as required by the provisions of Minnesota Statutes, Section 273.74 Subdivision 3, the City Council conducted a pubiic hearing regarding the Tax Increment Plan #1 to the Moore Lake Redevelopment Area; NQW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL Of FRIDLEY NEREBY fINDS AN'D DETERMINES: l. That the project area is blighted and deteriorated due to economic obsoiescence of commercial and residential struct�ures, poor soil conditions, development patterns, traffic and parking design, and unsightly general conditions; and 2. That the project comprising Tax Increment Plan #1 sha]] be set up as a housing project in order to: a. Remove blighted and deteriorated conditions as determined in the Moore Lake Redevelopment P]an based on Chapter 462 of the Laws of the State of Minnesota; and b. Provide for needed additional housing to be occupied in part by low and moderate income families as is consistent with the goals and objectives of the City of Fridley Comprehensive Plan. 3. That the development of land in the Tax Increment Plan #1 would not occur soley through private investment within the reasonably foreseeable future and therefore, the use of 7ax Increment Financing is deemed necessary. 4. That the Tax Increment Financing Plan #1 conforms to a general plan for the redevelopment of the City of Fridley. Page 2-- RESOLUTIQN N0. - 1981 5. That the Tax Increment Financing Plan will afford maximum opportunity, "consistent with the sound needs of the City of Fridley as a whole, for the redevelopment of the project area by private enterprise. 6. That the Tax Increment Financing Plan #1 may require an undetermined number of commercial and residential relocations of which the City shall insure that all applicable State and Federal laws shall be adhered to. . 7, That the Tax Increment financing Plan #1 will require real property acquisitions of which the City shall determine on an on-going basis durin9 the implementation phases of the ptan, and that all real property acquisitions will be done in conformance with Minnesota law. 8. That the Tax Increment Financing Plan #1 has been reviewed and recorr�nended for approval by the Fridley Planning Commission. 9. That the Tax Increment Financing Plan #1 to the Moore Lake Redevelopment Plan as set forth be and hereby is approved; that the City Clerk is hereby directed to file a copy of the Moore Lake Redevelopment Plan with the minutes of the meeting during which this resolution was passed; and that the City Manager is hereby directed to inform, in writing, the Housing and Redevelopment Authority of the approval hereby accomplished. The resolution shall become effective upon passage and without publication. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1981. ATTEST: CITY CLERK - SIO C. INMAN 0090A/1130A MAY R - WILLIAM . NEE TAX INCREMENT PLAN N1 MOORE LAKE REDEVELOPMENT AREA Description of District The Moore lake Tax Increment District �7 is legally described in a separate section of this plan, but is generally located along the Nighway 65 and Moore Lake area. {See attached map). 6istrict Eligibiiity A. Authority Under Minnesota State Law, Minnesota Statutes, 1979 Supplement, Chapter 273.71, local Housing and Redevelopment Authorities may utilize tax increment financing to undertake Redevelopment,Nousing or Economic Development Projects as created by an approved Redevelopment Plan under M.S.A. 462.521. B. Eligibility Tax Increment District #1 is eligible as a tax increment financing district for a housing project as part of the hloore Lake Redeve7opment Plan which is an approved Redevelopment Area; under Chapter 462 of Laws of Minnesota. The Moore Lake Redevelopment vlan was approved by the Housing and Redevelopment on and the Fridley City Council on Statement of Objectives The Housing and Redevelopment Authority make the following findings: 1. That the district is established for the purpose of developing a housing project; • .. 2. That said project, in the opinion of the Authority, would not occur solely through private investment within the reasonably foreseeable future; 3. That the tax increment plan confonns to the genera7 plarr for develop- ment of the munic�ipality as a whole; 4. That the tax increment financing plan wi11 afford maximum opportunity. consistent with sound needs of the municipality, for the developmerl: of the district by private enterprise; 5. That the Housing and Redevelopment Authority elects the method of tax incren�ent computatian set forth in t4innesota Statute, Section 273.76, subdivision 3, Clause (b). -1- � 0 :`% �.,....�....�.+�W -� �� . 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It is the intent of the Housing and Redevelopinent Authority to provide for the opportunity for private invest- ment to develop housiny �rhich vrill be occupied, in part, by families of lovr and moderate income, as defined in Chapter 462A, Tit1e II of the tdational Housing Act of 1934, the P7ational Housing Act of 1959, the United States }iousing Act of 1937, as amended, Title 11 of the Housing Act of 1949, as amended, and any other similar present of future federal, state or municipal 7egislation, or the regulations promulgated under any of these acts. The property included in the tax increment district shall include all property decribed as follovis. The Housing and Redevelopment Authority will be staging the development of the district in the following manner. Pfiase I Phase I will include the following property: Auditor's Subdivision Na. 25 Parcel 300 - That part of Lot 1 described as follo��is: Seginning at a point which is the intersection of the South line of Hackmann Avenue piatted and the easterly line of Central Avenue N.E., thence easterly along said South line of Hackmann Avenue 101.39 feet to a point of intersection with a line parallel with and distant 130_feet_ 4�est as measured along the PJorth line of said Eot l of a line described.as follows; beginning at a(�oint cn the North line �f said Auditor`s Subdivision No. 25 distant 492.5 feet East of the NorthwesL corner thereof, thence South a distance of 208.2 feet to a point on a line parallel with and 160 feet North of the most soutnerly line of said Lot 1, which point is 437.�44 feet distant East from the center line of Central Avenue P�.E. and there terminates, thence South along said para71e1 line 235.71 feet to a point on a line parallel with and 160 feet f�orth of the most southerly line of said Lot 1�vhich point is 249.62 feet East from the easterly right-of-way line of U.S. Trunk Highway PJo. b5, thence parallel with the most southerly line of said Lot 1, a distance of 249.62 feet to the easterly right-of-way line of U.S. Trunk Hightaay No. 65, thence northerly along said easterly right-of-l��ay to its intersection �aith the easterly line of Central Avenue N.E., thence continue in a northerly direction a�long said easterly line to the point of beginning, except the North 135 feet, and except that part taken for hightiaay purposes. Parcel 350 - North 135 feet of that part of Lot 1, described as follo���s: Beginniny at a point rrhich is the intersection of the South ltine of Flackmann Avenue as platted, and the easterly line of Central Avenue N.E., thence easterly along said South line of Hac4:inann Flvenue 101.34 feet !dest as of intersection t•rith a line parallel rrith and distant 130 feet l�;est as measimed along the North line of said Lot 1 of a line desci�ibed as follovrs: 6eginning at a point on the Nortf� line of said /luditor's Subdivision I;o. 25 dist.nt �192.5 feet East af the norih�.l�est corncr i.hereof, Cheizce South a distance af :03.2 feet to a point en a linc parallel �rith and 1G0 fect f:orth of t:hc� most.souChc��l>' linc of s��ici Lot 1 a;!iich pqirit is 437.4G fcet distant from the eenterlinc of C�ntral Avrnue N.L. and the��e terminates, thetice South alung said p�irallel linc 2t�5.11 fcct to a point on a linc parallcl -2- v�ith and 160 feet t�orth of the most southerly line of said Lot 1 which point is 249.62 feet [ast fran thc easterly right-of-way line of U.S. Trunk Highv�ay fdo. 65, thence 41est parallel with the most ' southerly line af said Lot i, a distance of"249.62 feet to the easterly riyht-of-v�ay line of U.S. Trunk Nighway No. 65, thence northerly along said easterly ri9ht-of-way line to its intersection vrith the easterly line of Central Avenue W.E., thence continue in a northerly direction alonc� said easterly line to the point of beginning. Subject to easement of record, except Yhat part taken for highrray purposes. Parcel 400 - 7he westerly 10 feet of the easterly 130 feet of that part of Lot 1, Auditor's Subdivision No. 25 lying South of the south line of Hackmann Avenue as snovrn by the recorded plat of Parkvier+ Manor 2nd llddition, which point is described as follows: Beginning at a point on the Ptorth li�e of said Auditor's Subdivision No. 25 distant 227.7 feet east of the Northwest corner thereof; which point is also on the centerline of Central Avenue, thence East on said North line a distance of 270.8 feet, thense a distance of 308.2 feet to a point on a line parallel with and 160 feet North of the most southerly line of said Lot 1 aihich point is 437.44 feet distant East from the centerline of Central Avenue, thense 4Jest along a iine parallel with and 160 feet North of the most southerly line of said Lotl 437.44 feet to the centerline of Central Avenue, thence northeasterly along said centerline to the point of beginning. Parcei 560 - That part of Lot 1 lying South of a line 160 feet to the North of and parallel i:o the most southerly line of said Lot 1 and bounded on the l�lest by the West line of Section 24, T-30, R-24, and on the East by a line para7lel to and 655.92 feet East of said West line of Section 24, T-30, R-24; said easterly boundary of the premise also being the ��esterly line of Polk Street; subject to easement for highway purposes over that portion of said preinises hereto�ore condemned for high��vay purposes, subject to street and utility easement over 4Jest 20 feet to City of fridtey 4;14/64, except part taken by State of t•1innesota for highlvay per amended final certificate dated 8/21/64, except East 265.1 feet for Parcel 570. Parcel 570 - The East 265.1 feet of that part of Lot 1, lying South of a line 160 feet to the North of and parallel to the most southerly line of said Lot i and bounded on the 4!est line of Section 24, T-30, R-24, and on the East by a line parallel to and 656.92 feet East of said IJest line of Section 24, T-30, R-24; said easterly boundai�y of the premises also being the ti,�esterly line of Polk Street. Parcel 54� - Tliat part of the nor�ther)y 135 feet of the easterly 120 feet of that part of Lot l lying 4•resterly of a line described as fol}oa,�s; Ceginning at a point an the t,orth line of said Auditor's Subdivsion No. 25 distant 492.5 feet East of the noi•thwest corner thereof; thence Soutfi a distance of 3Q3.2 feet more ai� less to a point on a line parallel with �nd 1i�0 feet �;orth of the most southe��ly line of said Lot 1 lriiich point is �13/.�}4 fect distnnt Fast fror,i the cenCerline of Central Avenue and there tci�minates; aiid souLher�ly ofi Clie South line of Hackman�i Flventte as sfioi�zi by 'rhe t•ccor•ded p�at of f'ark Vfet•r Ptirsor•, 2nd /1�uit.fon. -3- Parcel 600 - The easterly 120 feet except the northerly 135 feet of `�t-hai part of Lot 1, vihich is drscribed as folTows to wit; Qe�inning at a point on the �lcrth line of .said.P.uditor's Subdivision No. 25 distant 221,7 feet East.of tfie'northti•�cst corner thereofi; rrhich point is also on the centerline of Centra1 Avenue, thence East on said North line a distance of 270.2 feet, thence South a distance of 303.2 feet to a point on a liroe para)lel with and 160 feet North of the most southerly line of said Lot 1, which point is 437.44 feet distant East from the centertine of Centra] Avenue, thence ldest along a line parallel with and 160 feet North of tFie most southerly line of said Lot 1 437.44 feet to the centerline of Central Avenue, thence northeasterly along said centerline to the point of beginning, and except the North 30 feet measured alon9 the North line of said Lot 1. Parcel 1100 - Lot 3, except the easterly 650 feet thereof as measured along the North and South lines thereof, and except that part thereof 1yin9 ���ithin State Trunk Highway No. 65, except part to Midwestern F9nance Inc., Parcel 1120. Parcel 1270 - All that part of Lots 3, 4 and 5, described as beginning at the northeast corner of said Lot 3, thence North 89°56'39" West along North line of said Lot 3, a distance of 13311.64 feet to the actual point of beginning of the land to be hereinafter described; thence South 1°15'45" East 20T.59 feet; thence on a tangential curve to the left, the radius of _. whieh_is.68.44_feet and the chord of said curve bears South.73°49'45" East__. a distnace of_30 feet,_$outh 62°40'27"_,idest 76.79.feet more.or less to a _._ point on the South line of said Lot 5, distant 1343.62 feet 4Jest from the Southeast corner of said Lot 5, thence north4resterly to a point on North line of said Lot 5, distant 1505.96 feet 4lest from the northeast corner of said Lot 5, thence 41est along said idortn line of Lot 5, a distance of 88 feet, the;, North to a point ore South line or said Lot 3, distant �593.96 feet 1Jesf froir the Soutneast corner therecf, thence East 1_one said South line of 10�3 to West line of East 1580.4 feet of said Lot 3, thence P;orth along said idest line of East 1580.4 feet of Lot 3 to the Nor•th line thereof, thence South 89°56'39" East along said North line to the actual point of beginning. Parcel 1400 - Lot 6, except the East 150 feet of 41est 330 Feet of South 80 feet, except South 6 feet (Parcel 145C), except the part taken for highti�ray, except easement over idest 330 feet of Soutti 6 feet, except _ .0�3 acres for highv+ay, ex.cept �asterly 650 feet to School, subject to easement to City of fridley for street over West 22.7:� feet of East 672.73 feet of Lot 6, except part taken €or hiahmay per f.C. approved 2/2/68, subject to agree�nent �aith City 3/6/78. Parcel 1410 - That part of Lot 6, lying easterly of the northeasterly right-ef-��ay Tine of Outer Drive of State Trunk High�vay and rJest of a line 1253.20 feet l�lest of the East line of said Lot 6, as measured aC riglit angles to and parallel wiih the [ast line of Lot 6, subject to easei,�ents of record. Parcel 1510 - Lot 7, except that part fer highway, except an easement o'ver i;orth G feet of ilest 330 feet, except part to Alorin, except .05 ac-res for hichr,ay, e>:cept easterly G50 feet to Scl�ool, Parcel 1050, anc3 exc�pt ��art. taken for I:i,h�.ay per F.C. approved 2/2/G3, and except Parccl 1560 .�n�i Pai�cel 15I0. -h- Parcel 1560 -�ot T lying southwesterly of a 7ine and its extensions dravrn pa'rallel v�ith �nd 30 fcet southo-�esterly of,a line described as foilur�s: Comrnencing at a point 30 fcet South of and on a Tine at right anyles to the North line of �ot 7 from a point-on sa.id hJorth line 647.73 feet West of the East line of said Lot 7 when measured along said 3�orth line; thence southeasterly to a point on the northerly extension of the East line of �vhat was formerly Lot 3, Ataditor's S�abdivision No. 94, 30 feet tJorth of the northeastly corn of said Lot 3 when measured along said northerly extension and therc terminating, ftND West 400 feet of East 800 feet of Lot II, Auditor's Subdivision P�o. 25 (except Parcel 1760j, AfVD that part of Lot 7 described as follows: Commencing at the South�rest corner of tfie Easterly 650 feet of said Lot 7; thence horth parailei with the North line of said Lot 7, a distance of 55 feet; thence West parallel rrith the South line of said Lot 7, 150 feet; thence South parallel with the East line of said Lot 7, 55 feet to the South 7ine thereof; thence East 150 feet to�the point of be9inning. (Subject t� the opening of Fillmore SLreet over t}te East 25 feet thereof). Parcel 1570 - All�thai pa�t of"tfie"4test"150 feet of-the East 800 feet of Lot E lying in the Southwest Quarter of the tdortheast Quarter of_thE Southti•rest Quarter of Section 2�1, T-30, R-24, and except for the portian thereof described above, the West 150 feet of the East 800 feet of Loi 8. Parcel 1700 - Lot 8, except the East 800 feet and except that part thereof lying 41est of the northeasterly right-of-way line of the outer drive of the State Trunk Highway, subject to easement over the South i2 feet. Parcel 1850 - Lot 9, excep'; for right-of-way, except aart taken for Nighway l.p. 1-26-61, except East 800 feet to City of Fridley, Parcel 1860 Parcel 1860 - The East 800 feet of Lot 9, except that part to Independent Sthool District ho. 13. Auditor' Subdivision No. 44 Parcel 1S0 - All of Lot 2, except the East Z00 feet. Lot 1, Giock 1, Hillwind Addition Lot lA through 6�, Biock 1, Iwen Terrace Lots 1 through 7, Block 4, Lyndale Guilders 6th Addition Lot 1, alock 1, ReaJ Estate 10 Addition Piiase -2 Phase II �aill include the fo7losaing property: Parcel 3C^0 - 1111 ihat part of the following described tract: Government �Lott..l ai;i1 7. inclu<!iiiq P.oi 15, P1elo7�i,�d Gardens t�hich lies nurtiw:esterly of Lhe n�rthtaesteriy t�oundary linc of 7runi; IIir1�tJ<a�� Nn, 65 as sa;ne� ��+as located �,n �July 17, 1�?53 ��nd southr�tsCerly of a linc� �'unn,'inry parailel ti�lit.h an-i dist��nt 76 fcrt southcastcrly of fu11o1Jing cfc;c�`ibecf iinc: [�eqinniny at a ',[� point on South line of Section 23 distant 3 feet 41est of southeast corner thercof, thence runi;ing northerly and para11e1 with East line of 5ection 23 for 1872.4 feet, thence deflect to right on l°30' curve= delta angic 2Q'OB' for 1342.2 feet, thence nn tangent to said curve. for 1G24.9 feeC, thence deflect to the )eft on a 1°00' curve- delta angle 20°49' for 600 feet and there terminatin�, except therefrom a triangular piece of land adjoining and soutfieasterly of above described 75 feet parallel line and southvresterly of following described line; Qeginning at a point on abovc described /5 foot line distant 100 feet northeasterly of its intersection viith the northwesterly boundary of Trunk Highway �lo. 65 as ame 4ras located on July 17, 1953, thence south- easterly to a point on northwesterly boundary of Trunk Nighway No. 65 distant 100 feet northeasterly. Parcel 200 - Lot 4, Auditar's Subdivision Ho. 88 Parcel 240 - Lot 5, Auditor's Subdivision No. 88. Parcel 280 -�ot 6, Auditor's Subdivison No. 88. Subj. to easement over East 50 feet. Parcel 1500 - That part of Government Lots 1 and 2, being a part of the Southwest Quarter of Section 13, T-30, R-24 lying East of a 1ine drawn 3Q feet East of the Easter7y line of State Highway No. 65, as the same is noti•� laid out and constructed, and South of the 5outh line of Moore Lake Nighland 3rd Addition and ±he same extended easterly, and lying Plorth of the follo�•aing described tract, that part of Government Lots 1 and 2, Section 13, T=30, R-24, lying 33 feet on each side of the . follaxing described center line, commencing at the northeast corner of said Government Lot 2, Section 13, T-30, R-24, thence lti`est along the North line thereof 238.81 feet, thenee to the left on a tangential curve having a radius of 230 feet and a delta angl� of 59°2�' a distance of 238.45 feet, tnence southv:esterly tangent to said curve 527.71 feet, thence to the ri9ht along a tangential curve having a-radius of 230 feet and delta angle of 62°lb'40" a distance of 250 feet, thence westerly tangent to said curve 423.78 feet, more or less to the easterly line of State High�aay ho. 65 as the same is no�S laid out and constr•ucted, being a part of Lots 16 and 17, Auditor's Subdivision No. S8, excepting therefrom ihat par�c thereof included in the follo�•iing described Tract A, which tract has heretofore been deeded to the City of Fridley. Tract A is described as foliows, all tfiat part of Lot 17, Auditor's Subdivision No. 88, being that part of t'he South�aest Qu<irter of Section 13, T-30, R-24, described as follows; beginning at a point in the south�vesterly line of Lot 7, 131ock 2, hioore Lake Hi9hland 3rd Addition, distant 30 feet nort!n;esterly of the Soui:heast cor�ier of said Lot 1, tfience southeasterly to'said southcast corner, thence South to a point in the South line of thr Se� west Quarter of said Section 13, distant �25 feet ldest of South Quarter corner of said Section, Chence blest along the South line thereof, a distancc of 250 feet, thence Narth aC right angles to the last described 1ine, a distance of 100 feet, thence East and parallel to said SouCh 7ine a distance nf 150 feet, thence nortLe�steriy a distance of SS6.81 feet> moi•c or less, to the point of be9in�iing. Togethcr t�ith an easement foi° road piir•poses over tftat part of the fol]o�;ing desc�,ibeci tr�act, �dhich lies , [desterly of ahov:� descr�ibed lYact !1, that part of 6overnn�ent Lots 1 and 2, Section 13, 'f-30, R-24, lyine7 33 feet un each side of tfie folloeiing describad cenCe�• linc, connneitir.inq at i.he norihe,tst corner of s�aid fovcrm:.��nt LoY. 2, Se;:tion ]3, T-3i), !3-?4, thencc 4lcst along Che Na•th line t-Lercof 233.81 fcet, thtncc to th�� left alon, a Langential curve _ �,_ -� � having a radius of 230 feet and a deltz angle of 50°24' a distance of 2:8.45 feet, tficnce southwesterly tangent to said curve 5?.7.71 ' feet, thence to the ri9ht along a tangential curve.having a radius of 230 feet and a delta anyle of 62°16'40" a.distance of 250 feet, tfience vresterly tangcnt to said curve �42.3.78 feet, more or less, to a ' point �rihich is 30 feet East of the easterly line of �tate Nighway No. 65 as the same is now laid out and constPucted being a part of Lots 16 and l7, Auditor's Subdivision No. 88. Parcel 1800 - Those parts of Lots 16 and U, Auditor's Subdivision No. 88, describ:d as folloo-rsc A71 that part of the Southwest Quarter of Section 13, T-30, R-24, descri6ed as follows: commencing at the most southerly corner of h;oore Lake Hiyhlands lst Addition according to the plat thereof, thence in a southvresterly direction at right angles to the �outh right-of- v�ay of 63rd Avenue N.E. as oriyinally platted of said Moore Lake Highlands lst Addition, a distance of 175 feet, thence in a southeasterly direction at right angles to the line just described, along a line parallel to the said South right-of-t��ay line of 63rd Ave. N.E, of said Moore Lake Highlands lst Addition extended a distance of 169.75 feet to the actual point of beginning, thence in a northvresterly dire�tion along the line just described a dista�ce of 494.25 feet, thence in a westeriy direction at a deflection angle to the 1�"ft of 22°20' a distance of 309 feet, thence in a south- westerly direction at a deflection angle to the left of 77°22' to a point of intersection with the South ]ine of said Section 13, thence easterly along the said South line to a point 625 feet West of South Quarter corner of said Section 13, thence in a northerly direction to the actual point of beginning, except part to Village of Fridley, except part for highway, except part to City of Fridley for road, subject to street ease,emt 66 fee� �aide to City of Fridley per QCD 6/1/66. except Parcel 150G. Parcel 1&20 - All that part of Lots 16 and 17, Auditor's 5ub�divsion No. 88 or that part of the Southr;est Quarter of Section 13, T-30, R-24 decribed as follows: Beginning at the intersection of ihe southeasteriy right-of-ti:ay line of State Hight�!ay No. 65 and the South line of said South�vest Quarter of Section 13, thence East along the South tine of said Southwest Quartei° for a distance of 232.0 feet to a point, said point being 1394.80 feet, more or less, Nlest of South Quarter corner of said Section 13; thence P�orth at right angle to the last described line for a distance of 2II5.54 feet, thence northwesterly with_a deflection an_gle to the left_ nf 78°54'9" for a distance of 163.6�ii, feet, more or less, to the said south- wes.terly right-of-way ]ine; thence southwesterl.Y a)ong said. southeasteri.'� 1'7ght-of-way to the point of_beginniny. Parcel 1&40 - All that part of Lot 17, Fluditor's Subdivision No. 8II, being that part of the South�rest Quarter of Section 13, T-30, R-24, Anoka County described as follo�•.�s: Geginning at a point in the south�,�esterTy lin2 of Lot l, (31ock 2, Moore Lake Ilighlands 3rd Addition distant 30 feet north- westerly of the soutlieast corner of said l�ot 1, thence southeasterly to said soiitheast corncr, thence south to a point in the South line of the Soatln;�est Quartei- of said Section l3, distant 6'5 feet h'est of the South Quartei• corner of said 5eci:ion, thei�ce !�;est along the Souih line thereof, a dist.ance of 250 fect, thence ilorth at rig{it angles to the last descrit�ed line, a dist��nce of 100 fe^i., then::e easC and parallel to said South line, a distai�ce of 1�0 feet, the�ice nertheastei°ly a disi:ance of f3GG,31 �eet, more ot• less, to the puint of be�innii�g. This tract shall he �per(>i�i:uall_y dcdicatcu for ��ui,lic draina�;e , �mposcs to i.fie said Villa9e of Fricllcy. �� ' r' Parcel 2000 - 6ot 17, Auditor's Subdivision No. CII, except part platted , as Moore Lake Niyhlands lst Addition, except part to Central Avenue Investment, Inc., except part platted as �400re Lake Highland 3rd l�ddition, subject to street casement 66 feet r�ide to Gity of• Fridley per QCD dated 6/1/66. Phase III Phase III will include the following property: Parcel 2055 - Lot 14, except the South 390 feet, Auditor's 5ubdivision No, 22, and Lot 30, Block 2, Irvington Addition and adjoining street and alleys. -Parcel 2160 - Lot 15, Auditor's Subdivision No. 22, together with right- of-way for ingress and e9ress in favor of Lot 15 over and upon the East 30 feet of Lot-16, Auditor's Subdivision No. 22. Parcel 2180 - Lot 16, Auditor's Subdivision No. 22, subject to right-of- way for ingress and egress in favor of Lot 15, Auditor's Subdivision No. 22, in an over and upon the Esst 30 feet of Lot 16. __ _--.. _ _ Parcel 2220 - Lot 17, Auditor's Subdivision No. 22,exceat South 55 feet, Subject to Rrivate sewer and water easement favor 5outh 55 feet of Lo* 17. - . 12/I�/62 Parcel 2240 - South 55 feet of Lat 17, Auditor's Subdivision No. 22, together �aith private sewer and water easement from North part of Lot 17. (12-13-62.) Parcel 2300 - Lot lII, Auditor's Subdivision No. 22, except a 15 foot easement to Northarestern Bell Telephone Co., including perpetual right of ingress and egress over Lot 24, except perpetual right-of-��ray over East 30 feet to ovrner of Lot 24, except southerly 110 feet front and rear. Parcel 2320 - Southerly 110 feet front and rear of Lot 18, Auditor's Subdivision No. 22. Parcel 2400 - Lot 19, Auditor's Subdivision No. 22. Parcel 2465 - Lot 20, Auditor's Subdivision No. 22. Lot 1, Biock 3, Pioore take Hills Phase IV Phase IV will include the following property: Lots 10, 11, ]2, 14, 15, 16, 17, lII and 19, 61ock 2, Spring Va11ey Addition Ph:+se U Phase U will include the folloa:ing prope�•ty: P,rrcel ;'�0 - i.ot.s 1 and 2, Auc!ito�•'s Sub�ii��ision Plo. F33, subject to 20 fooi; ac�c4i;,c�i ui.ility casc����^rit to iiic City of Fridlcy. _ �;.. Parcrl 1G0 - Lot 3, Auditor's Subdivision No. 88, subject to utility easement over South 20 feet. Lots 3, A, 5, 6, 7 and 8, Block 1, Erco's lst Addition Lots 1, 2, 3, 4, 5, dlock 1, He rvial Rice Creek 7errace Lots 13, 14, l5, 16, 17, 18, 19 and 20> Block 1, Spring Va11ey Addition FinanCing Plan by Phase Pl�ase I financing Plan The Nousing and Redevelopment Authority will assist in the development of an apartment complex which v�ill be partially funded under the Section 8 new cnnstruction program to provide for a minimum of 50% of its units available for low to moderate income famtlies. The Housing and Redevelopment Authority will assist by helping the developer acquire necessary property from various owners to provide sufficient land to adequately support the development and provide the necessary public improvements to solve drainage problems in the Moore Lake system. It is the intent of the Housing and Redevelopment Authority to acquire the following properties: - Lots lA, 1B, 2, 3, 4, 5, 6A and 66, Block 1, Iwen Terrace. Other properties involved in the deve7opment are presently owned or optioned by the developer. Estimated Cost of Phase I Property Acquisition. . . . . . . . Public Improvements Drainage District Improvement. . . Street/Utility Improvements. . . . Administration . . . . . . . . . . in� nvPrnAa� . . . . . . . $120,004.00 206,355.00 155,000.00 24,067.00 50,542.00 Estimated Total Cost of Phase I.....$555,464.00 Other Sources of Financing Federal/State Grant on �rainage Ditch Improvement . . . . . . . . . . . . . . . . . . . . $154,766.00 Sale of Property . . . . . . . . . . . . . . . . . 60,OD0.00 Total Financirg . . . . . . . Total Gonded Indebtedness for Phase I....... �losi, rcc��ir asc^ssec! valu: For (':�asc I.... [stiaiaied captured assesscd ��alue of I'hase I at con��letioh of dc��clopmcnt hatii�d on construct-ion of app��oxini�itc1v 1F0 toi:al unit:s. _ q.. $214,7GG.00 �341,19II.00 51,104,067.00 $3,1A9,540.00 r Phase II, III, IV and V Financin9 Plan Withoutexcluding any other type of available financing, 3t is tfie general intenC that Phase II, III, IV and V shall be financed by the use of tax increment funds-from the entire district. 7he actual summary of specrfic expenditures for Phases II throuyh V as yet cannot 6e specifically determined until final decisions are made by the Nousin9 and Redevelopment Authority and the City regarding the specific development for each phase. When final determination is made on property acquisition, the }lousing and Redevelopment Authority shall determine specific revenue and er.penditure projections for that phase of the tax increment plan and process it as'a modification to the.plan. The fnllowing is the general development plan for each of the Phases II through V, with an indication of most recent assessed valuation. Included ts also a very general anticipated captured assessed value at completion of all phases in the distr�ct. Phase II It is the intent of the Flousing and Redevelopinent Authority to promote a mixture of housing types in this phase, including rental and tovrnhouse/condominium ownership. The Housing and Redevelopment Authority will be providing, in part, units avai7able to loar and moderate income units with potential elderly 202/Section 8 units close to shopping facilities. Public.improvements to this phase rrill include, soii correction work, drainage district improvement costs, intersection motlification to handle increased traffic, water/utility costs anri public right-of-ti•ray improvements. The increased density in this phase �aiii promote improved business climate for existing neightborhood center which will spark necessary improvements for commercial beautification. The most recent total assessed value for this phase is' $1,097,653.00. The estimated captured assessed vzlue of the district at completion is j4,258,221.00. Phase III This area �vili be developed for single family homes. The rough terrain, and scattered oamership of large tracts of land housing small and frequently substandard structures will requi��e Housing and Redevelopment Authority action for systematic development of this phase. Tfie Housing and Redevelopment Authority will attempt to put to9ether land packages to sell to developers for the improvement of this blighted area. The most recent total assessed value fo�• this phase is SS2,342.00. The estimaCed captui�ed assessed value of the district at completion is �614,7II2.00 Phase IV This area mill be developed as a Lo�•rnhouse type of tlevelopment tiaith a similar dcnsity to the Fiiase II tu�ea. This a��ea Frill require substantial soil correction a.ork> ds•ainay�� impi.ovciuentsii:d tr�r"fic improvement costs. Tlie r�ost rrcent tntal asscss�•:I �n�7t�e for this ph�se 7s $]26,279.00. The estimated captimed <'�ssessed v.ilue of the . dis2i�ict at completion is $97f3,49G.00. -10- Pha_se_ U_ This area will be develo�ed primarily sin9le family with•higher density potential toward the corner of t�li�sissippi Street and Olil Central llvenue. This will call for the removal of several substandard structures and construction of some rentai units/or higher density sCructures facing 01d Central Avenue taward Mississippi Street Yiith higher density apartments northwest of the intersection. The most recent total assessed value for this phase is $454,936.00. The esbimated captured assessed value of this district with the above stated improvements is $2,724,930.00. Total District Witfi the combination of the five phases, the most recent total assessed value for the Tax Increment District is $2,865,277.00. If all phases of the district develops as is anticipated in the above section, the total anticipated assessed value of the disirict will increase to $11,725,969.00 or an increase of Q09% rover the present assessed valuation. The district shall be established for a period of not more than 25 years as allowed under Section 273.J5, Subdivision 1, under the laws of the State of Minnesota'. It is the intent of the Housing and Redevelopment Authority to evaluate the cash flovr annually to determine the payback on bonds based on the totat district as is alloo-�ed under Section 275.75, Subdivision 2, of the laws of the State of Minnesota. ..��- P1an Ini�act on Taxinq Jurisdictions 2mPact, School District 13 Total Assessed Value District 13 . . . . . . . . . . . . . . .$133,454�003.00 Tota1 Assessed Value of Tax Increment Located in District 13 . . . . . . . . . . . . . . . . . 1,104,�067.00 Percent of Total Assessed Value .OII% Estimated Assessed Va7ue Loss to District (20 Years) due to certification of original Assessed Value ..... 1,324,880.00 Estimated Gain to District at Completion . . . . . . . . . . . .2,045,473.00 Impact, School District 14 Tota1 Assessed Value District i4 . . . . . . . . . . . . . . 7ota1 Assessed Value of Tax Tncrement Located in District 14 . . . . . . . . . . . . . . . . Percent of Total Assessed Value . . . . . . . . . . . . . . . Estimated Assessed Value Loss to District (20 Years) due to certification of original Assessed Value .... Estimated Gain to District at Completion.- . . . . . . . . . . Impact, City of Frid]ey .$$5,351,2�8.00 1,761>210.00 2.06% 2,113,452.00 6,815,219.00 Totai Assessed Value City . . . . . . . . . . . . . . . . . .$186,283,289.00 Total Assessed Va7ue af Tax Incrnment District ........ 2,865,277.00 Percent of Total Assessed Value 1.54% Estimated Assessed Value Loss to City (20 years) due io certification of original AssessecY Va7ue ..... 3,43II,332.00 Estimated Assessed Va7ue Gain to City at Completion ...... 8,860,G92.00 Impact, Anoka County YoLal l�ssessed Value County . . . . . . . . . . . . . . . . Total Assessed Value of Tax Increment Distri�t ....... Percent of Total Assessed Value . . . . . . . . . . . . .. . Estimated Assessed Value Loss to County (20 Years) due to certification of original Aesessed Value ... Estimated ilscessed Value Gairz to County at Gampletion ... _.��_ $829,099,646.00 2,865,277.00 . .345w . 3,h38,332.00 . . 8,II60,692.00 , .pi E� z N W a �� W O W p e�i Q 7 ���I �(� U W H d N .'+ o ���i 0� � � ��N H� �� . a F� � a in W a a 4 i ! '. . � >o>aa d>a.c> •;»a> »> u> »»> a>aa.c v O N I O O O N O O N O ' S O 1 N O O � O t O O O O O O O O O V� D W 0 Q C rv F 1� �'1 V O C N 01 W �1f V' O �: V O N �0 �O �O d' N N t0 .-f !V rf . y p en p p N m YI T rr �D 61 1 N N O 1 N f`� �D eh P U n V r� O� tY .-� a N �'1 '1 M�'f f 1 O K.i N N M�G aT V Gl . f0 O] T h N V h h .-1 .-1 h N- O ri O N N i!1 � H N . ri �'1 �. 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