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PL 08/10/1983 - 6820PLANNING COh9+lISSION MEETIN6 CALL TO ORDER: ROLL CALL: City of Fridley AGENDA WEDNES�AY, AUGUST 10, ]983 APPROVE PLANNING COMMISSION MINUTES: JULY 27, 1983 1. VACATION REQUEST, SAV k83-03, BY TIMCO CONSTRUCTION: Vacate an utility easement on all that part of 76th Avenue PI.E, located in Osborne Manor Second Addition lying East of the East line of 5th Street N.E., (76th Avenue N.E. vacated by Ordinance �588), to allow the expansion of the clinic at 500 Osborne Road N.E. 2. 3. 4. 5. 6. CONSIDERATION OF RI6HT-OF-WAY TURNBACK TO AFFECTED PROPERTY WNERS CONTINUED: AN ORDINANCE ADOPTING A NEW CHAPTER 101 ENTI 7:30 P.M. PAGES 1 - 3 .'�.'�� 9- 28 D AT MEETING RECEIVE HOUSING & REDEVELOPMENT AUTHORITY MINUTES: JULY 14, 9 3 RECEIVE ENVIRONMENTAL QUALITY COMMISSION MINUTES: JULY 19, 7983 A. Motion to Council on Page 4 7. OTHER BUSINESS: ADJOURNMENT: WHITE WHITE BLUE CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 27, 1983 -� CALL TO ORDER: Acting Chairperson Pat Gabel called the July 27, 1983, Planning Commission meeting to order at 7:40 p.m. ROLL CALL: Members Present: Ms. Gabel. Mr. Svanda, Ms. Schreiner (for Mr, Kondrick), Mr. Gabel (for Mr. Oquist) Members Absent: Ms. Schnabel, Mr. Saba, Mr. Goodspeed Others Present: Jerrold Boardman, City Planner Robert & Patricia Kohls, 640 Cheryl St. APPROVAL Of JULY 13, 1983, PLANNIN6 COMMISSION MINUTES: MOTSON BY MR. SVANDA� SECONDED BY MR. GABEL� TO APPROVE THE JULY 13� 1983� PLANNZNG COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE� ALL VOTZNG AYE, ACTING CNRIRPERSON GRBEL DECLARED TXE MOTFON QRRIED UNANZMOUSLY. 1, PUBLIC HEARING: RE EST FOR A SPECIAL USE PERMIT SP #83-05 8Y ROBERT KOHLS: Per Section 205.1576 2 to a ow t e construction of a 24—' x 24' garage in CRP-2 zoning (flood fringe), located on Lots 2�, 2i, and 22, Block X, Riverview Heights, the same being 640 Cheryl Street N.E. MOTION BY MR, SVRNDA� SECONDED BY MR, GABEL� TO OPEN THE PUBLIC HEARING ON SP �183-OS BY ROBERT KOHLS. UPON A VOSCE VOTE� ALL VpTING AYE� ACTING CHAIRPERSON GABEL DECLARED THE PUBLZC NEARZNG OPEN AT 7:45 P,M. Mr. 8oardman stated the reason this request was before the Planning Commission was because any buildings in the fl�od plain, whether structures for habitation or not for habitation, require a special use permit, Accessory buildings are allowed in the fiood plain as long as they are not for human habitation and must meet standards for building in the flood plain: The structure has low flood damage potential, is firmly ancnored to prevent flotation, and is floodproofed according to UBC standards. This proposal for a double garage in the flood plain does meet those standards, and Staff has no problem with the issuance of this special use permit. Mr. Boardman stated the lots involved are Lots 20, 21, and 22. There are presently two tax statements on the property, and Staff needs to have the property combined as one tax statement. The "Combination Form" needs to be signed and submitted to the County, PLANNIN6 COMMISSION MEETING, JULY 27, 1983 PAGE 2 The petitioners were in the audience. Ms. Gabel stated she drove by this property and noticed there were three cars, an outdoor cooker, and several other things. She stated there seems to be plenty of room on the lot for a garage, and that the petitioners probably have a real need for a garage. Mr, Svanda agreed, He stated he had also driven by the property and had made the same observation. MOTION BY MR. SVANDA, SfiCONDED BY MS. SCHREINER, SD CLQSE SHE PUBLIC HEARING ON SP N83-O5� BY ROBERT KOHIS. UPON A VOICE VOSE� ALL VOTING RYE� ACTING CHASRPERSON GABEL DECLARED THE PUBLIC HERRZNG CLOSED AT 7:56 P.M, MOTION BY MS. SCHREINER� SEC. BY MR. SVRNDA� TO RECOMMEND TO CITY COUNCIL APPROVRL OF SPECIRL USE PERMIT REQUEST, SP 1183-05� BY ROBERT XOHLS PER SECTSON 205.1576 (3) TD ALIAW THE CONSTRUCTION OF A 24' X 24� GARAGE IN CRP-2 ZONING (FIAOD FRZNGE), LOCATED ON LOTS 20� 21� AND 22, BLOCK X� RSVERVIEW XEIGHTS� THE SAME BEING 640 CHERYL STREET N,E.� WITH TNE STIPULATION TXAT THE LOTS BE COMBINSD FOR TAX PURPOSES. UPON A VOICE VOTE� ALL VOTING AYE� ACTING CXAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gabel stated this item aould go to City Council on Aug. 8, 1983, 2. CONTINUED: AN ORDINANCE ADOPTING A NEW m Due to the absence of several commissioners, it was recommended this item be continued. MOTION BY MR, SVANDA� SECONDED BY MR, GABEL� TO CONTINUE THIS ITEM UNTZL THE NEXT MEETIMG. UPON A VOICE VOTE� RLL VOTING AYE� ACTING CNAIRPERSON GABEL DECLARED THE MOTION CARRIED UNRNSMOUSLY. 3. RECEIVE JULY 7 1983 �IUMAN RESOURCES COMMISSION MINUTES: MOTION BY MR, SVANDA� SECONDED BY MS. SHCREINER, TO RECEIVE THE JULY 7� 2983, HUMAN RESOURCES COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE� ACTZNG CHASRPERSON GABEL DECLAI2ED THE MOTSON CRRRSED UNANiMOUSLY. PLANNING COMMISSION MEETING JULY 27 1983 PAGE 3 4. RECEIUE JULY 12 1983. COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTION BY 1�2. GABEL� SECONDED BY MR. SVRNDA� TO RECSIVE TNE JULY I2� 2983� COMMUNITY DEVELOPMENT COMMISSION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� ACTING CXAIRPERSON GABEL DECLARED THE MOTION CARRZED UNANZMOUSLY. 5. RECEIVE JULY 19, 1983� APPEALS COMMISSION MINUTES: MOTION BY DII2. GABEL� SECONDED BY MR. SVANDA� TO RECENE THE JULY 19, 1983, RPPEALS COMMISSSON MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, ACTZNG CHAIRPERSON GABEL DECLARED THE MOTION CRRRIED UNANIMOUSLY. ADJOURNMENT: MOTION BY MR. GABEL, SECONDED BY MR. SVRNDA� TO ADJWRN TXE MEESING. UPON R VOZCE VOTE� ALL VOTZNG AYE, ACTING CHAIRPERSON GABEL DECLARED TNE JULY 37� 1983� PLANNING COMMISSZON MEETING AIAlIX1RNED AT 8;00 P.M. Respectfully su itted, �t tiCt/ Lyn Saba Recording Secretary .� �M v.. � �� .,,..: 4+ y sc��. - . � . ...,,� ... • ctrv oR �iotaY. ,, ;;,; ..•, �E� ZONING ACTION Z� wa, urwv�rr �rs. �, YACATION SAY -o , �r. dar. ess�s �s+a s�a-3+so `RIAT �i �, .;- t ORDINANCE NO PUBLISHED x �,� . � " � � �� .� - ,�� '� � s'° �t� C�s�r•, P ,�� i1% o�►i� : lz 5�� 3 Y�IitIG ODIMIS5IOf1: APPI�YEO _DISAPPR6YED D�0.TE r// � N0. CIl"1 ODINlCIt: PIBLIC HEARtN6 MTE 15T READ 2ND READ CITY COU�tCIt: . APPRDYED DISAPPROYED Dr1TE NO PA(AC FEE REQUIRED: NOUNT PAID STIPULATIONS: STREET LOCATION Of PROPERTY LE6AL DESCRIPTION OF I' H 4 �� 0 3 ySYS/ PRESENT ZONING CLASSIFIGITIUN,��EXISTING USE OF PRQPERTY �f+'ct C�x1'o•c 1 ACREAGE Of PAOPERTY DESCRIBE BRIEFLY THE PROPOSED ZONING CLASSIfICATION OR�TYPE OF US��SED �"x,�� e C_�I�n�� .w.e� %1,� Has the p esent plica� t revious y sought to remA�, plat, obiain a�sp �t or variance or special use permit on the subject site or part of it? __yes .� no. lihat was requested and when? - The w►dersigned understands that: (a) A list of all residents and owners of proper- ty within 350 feet must be attached to this application (rezoning), 300 feet. (plat- ting), aust be attacA�d to'Lhis apptiiation. '(b) This application must be signed by all owners of the property, ar an explanation �iven why this is not tbe case. (c} Responsibility for any defect in the proceedings resulting from the failure to . list the names and addresss of ail residents and property owenrs of propgrty in �uestion. belongs to the undersigned. � �� A sk@tch of proposed property and structure must be drawn and attached. showing the fot7owieg: 1. North direction. 2. Location of the proposed structure on the 1ot. 3. °"Dimensions of propert,�, proposed structure, and fron and side setbacks. 4. Street namrs. 'S. Location and use ofi aQjacent existing buildings (within 350 feet). The undersfijned hereby declares that a71 ihe facts and respresentations stated in this application are true and con�ect. � OATE____�d—' SiGNAT1AlE \� ID�tESS � l l�'1 �� i�-1 � AZ-� �`'�� ZELEPHONE NO �� 0 A!l lyinp 1n Lhs Nnrth H�tf of S�ction 12, T-30, R-24, City of Fridtey, 5 County of Anoks, Minnasota. Bs snd ia hersby v�cstsd. Ths ssid Vaestton hss ba�n �ade in confo��snce ■ith Minnssota St�Lutec �nd purausni tn Ssction 12,07 ot the City Charta� �nd Append{a C of tha City Code �fi�ll bs 60 �oendsd. ' i'c87 ORpINANCE l5H1 For tha vecatioo of an •Llsy deccribad �c follo�c: _ All of the East-West allsy tn Block 5, Sp�ing Brook Psrk Addition, that Lies Detreen lots 1-17 end Lots 32-46, All lying in the South Helf of Section 3, T-30, R-24, City of Fridley, County af Anoka, Minnesote, Be and is hereby veceted sxcept thet the City of fridley �etainc easementc for dreinege and utillty purposes over Lhe elley hsrein described snd vsested. The eaid Yacetion hes been made in conformence wlth Mi�nesote Stetutes and pur6usnt to Sectton 12.07 of Lhe City Charter snd Appendix C of the City Code shell ba so emended. C-99 QRDINANCE /589 For ths vacation of a streat de6cribed ss folloNS: Atl thet pert of 76th Avenue N.E. loceted in Osborne Manor Second Addition, lyinp Esst af the East line of Sth Street N,E., All tying in the North Helf of Section 11, T-3D, R-24, City of Fridley, County of Anoke, Minnesots. Be end is hereby veceted except thet the City of Fridley reteins en utftity easement over the entire vecated street right of ray. The said Vacetion hes Geen �nede in conformence rith Minnee�te Statutes end pursuent to Section 12.07 of the City Charter end Appendix C of the City Code shall be so amended. C-99 ORDINANCE /5� For the vecetion of strest r1Dht of ray deaeribed as fotlors: Alt tAat part of 46LA Avenue N.f, tying betwe'en end edjecent tq Blocks 9 end 16, Pty�outh Addition a�d tyin8 East of the Southarly extenafon of the Mest line of Block 9, Pty�outh Addiifon, end [yinp Wect of the IYest �iyht of Nsy ' :k� t f f 4� �. . �� f w:.: ¢ � OIRECTOAATE OF PUBLiC WORKS :�;' m DA7E SUBJECT i9ss � _ S00 OSBORNE OFFICE ADDITI�I (DOCTOB'S &IIIDING NSST OP DNITY flOSPITAL) �' e MEMO R A N OIJM `� �� . .. Nemo No. 83-50 Preliainary reviev for the above proposal has been completed. It has been determined that one of the items neceasary for conatruction of the office addition was the vacation and rededication of a uti23ty easement along the northerly end of the propezty. The utilties in the easement (an 8" sanitary sewer line, a 6^ vater line, and telephone cable) apparently only service this building (see attached aerial photo). The vacation proceeding takes about 2� months and vill cause an extensive delay of con- struction. In order to start the project as soon as possible, the developer will aeed permiasion from the City Council to encroach into this easement. Encroachment could be granted provided the vacation process has been initiated 6y the developer and the utility companies are notified. I have contacted the developer regarding this. fle has agreed to initiate the vacation proceedinge promptly and aleo contact the appropriate utility companies. I see no problems with granting encroaehment into this easement. WSD/jh � a�:�� - � a .� -�`.s<i : ; A INFO • X L S•. \ _. . ;';��k i�- 4 � A �i : y<w�.4 ' . � i ?. { � �w . f W �. . ,^ '� 1 . r ` �� '�"� y . , . . .:�:. � � � ♦ i � s * �' �. s .-. . � j �� .�er �e: �i . 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I I� ��7. � . _ � _ � I �I __ : —. . _ .�'_— I`_ �, ��- .. '_. '- --�t .� � --–�-- --�— � - 5 _ �'� . �_--_—. � ---i— - . Y �... � ' � 1 f _t _ �'� -'- -i-- '\_ • �� t �. � �� . �?� F�._ N-�- —J ' 1. � .� f...� .... K � I f . , I' .i 1 �' i s-�-'- �, � _ ( , �� ' . ' �.�.....-T"__ -- I�. : ��:.. r" �r � , 1° {�� a , ��• � �_ _ �- - - c • -�1 - - - - I 1_ _ __ ��-= - i - - i �- � - _— �_ — __ �� _�— '_ ._�_ - . _ _ _' - _ �� 1 -�_ - —+_ — � � ' -I � --1 � -� >� �S f� ;R _p� F�' r. -nl:�. v`_C"- �ii` h+_ _! �csr"' �- �kF'€,r°,�I � Il,c _�i [C I�I d � .. .... I 0 � �✓ E,�a'�.w;u: ii"�I 's'� � 4 .�K ��; .. . . �.tr �. r. �,s.:-F� � DIRLCYoRAT� :� � t�f � �� w �, ,. - PUBLiC WOAKS � 4 �� 9F . . �. � ' � j 'l� �5 F? 1 � ' x fNAl1: MTE: SUBJECT: John rti�. Director of Public Horks Cly�` l' ""ravetz. Engineering/Administration June 28, 1983 State of Minnesota Tuanback of Property to City 9 MEMOqANDUM �� .�� - A number of partial parcels have been reieased and quit claimed by the State of Minnesota to the City of Fridtey. (see attached maps) A portion of the turnbacks should be deeded by the City to adjoining property owners by private negotiations. ltefer Lo attached memo from Mr. Newman fran the City Attorney's office for recomnended guidelines. Prior to disposing of aqy property, surveys should be required to insure adequate boulevard widths as most parcels are encumbered by existing roadwa�ys. Also attached are the fo11o►+ing documents: 1) The acquisition of property by the State of Minnesota (Final Certificate} 2) The State of Minnesota conveyance of property to the City of Fridley (Quit Clatm Deed) As you know, two affected property oYmers have indicated an interest in obtaining the related adjoining properties. As discussed, we should relay this info►mation to the Planning Comnission and City Council for their review and consideration for estabtishing a policy on the release of these excess properttes. CYN/aic :��,_ �� _ , y /. M E M 0 R A N D U H T0: Clyde HoravPtz zf�: S-/3-B3 � FROM: David P. Nevman �� RE: TURIdBACK OF HIGHFJAY b94 PROPERTY 1� You asked that ve outline for you a procedure vhich the Ci[y can follov in disposing of this [urnback property. The considera[ions involved in this ma[ter are as much questions of policy as they are questions of laW. In revieving this matter, there are cer[ain legal considerations vhich you must keep in mind. Firs[, you must determine whe[her the 5[ate acquired [he proper[y in fee title or if [he State only obtained an easemen[. If the lnterest Ss that of an easement, then the City cannot convey chat easement for a use o[her than con[ained ln [he easement. Consequen[ly, as a practical matter an easement interes[ can only be conveyed to the underlying ovner. Secondly, you should reviev the title vhich the Sta[e acquired in order to insure that there are no res[ric[lons on hov the proper[y can be used in the future. Third, no property can be disposed of until the plan of disposal has been reviewed by Che planning commisslon and found to be consisten� wi[h the Clty's Comprehensive Plan. This requiremen[ may be vaived if the City Council finds by a[wo-[hirds vo[e that the proposed disposal has no rela[ionship to the comprehensive plan, MSA Section 462.356. Subd. 2. In disposing of the proper[y, the CS[y need not comply with [he uniform municipal con[racting lav since it excludes real property. Consequently, the property may be sold [hrough private negotia[ions. However, all sales must be confirmed by the City Co�ncil. In addition, [he property must be sold at a reasonable price. Zn this situa[ion, this vill of course be more difficult since many of the parcels are on their own, unbuildable. Consequently, in many cases [he only perspective buyer may be an adjolning proper[y ovner who may vant the parcel in order to expand his exis[ing property. This lack of competition may reduce the selling price of the parcels. On the other hand, even if [he selling price is belox the fair market value, it may still be in the Clty's inierest to consuroate the sale since it vill enable [he property to be back on the tax rolls. As a result, the council vill have �o arcel. determine, on a case by case basis, what a reasonable selling price is for each p Fur[her, che documen[s conveying any parcel should clearly state that the property is unbuildable, if applicable, so that buyers may not lacer use the City's role ia Che �ale of the property as a basis for obtaining a variance. (continued) F Memo to Clyde Moravi[z Page -2- Pursuant to your request, [he folloving is a suggested procedure for the disposal of the turnback proper[y. This proposal is based upon the assinnption that [he City has unrestric[ed title to each parcel. The title to each parcel should be revieved prior Co disposal. You are velcome to modify this procedure providing [hat you follw the above described guidelines: 1. For each parcel, obtain the document by vhich Che S[ate acquired [heir interes[ and have thoae documents reviewed by our office. 2. Notify all adjoining property ovners of the proposed sale of [he proper[y. The notice should state that the parcel, by Stself, is unbuildable, if applicable. You may, if you want to, supplemen[ thls no[ice vith one of general distribution, particularly for any buildable parcels. 3. As each sa2e is negotiated, the purchase agreement should contain a map shoving the parcel and should be subject [o City Council approval. The purchase agreement should requlre [he buyer [o provide a survey of the proper[y prior [a closing. Again, the purchase agreement should s[ate [hat the property is unbuildable, if applicable. 4. Once the survey is completed, the closing should be conducted. At the closing, any deeds for unbuildable property should contain the appropriate disclaimer. I[ is probable [hat offers vill not be received for the sale of all parcels and some offers may be unreasonably lav. At some time in the fu[ure, [he benefit of having these properties on the tax rolls may justify accepting a below market price. Hovever, any establishment of a policy a[ [hls time of how [he City in[ends to handle those si[ua[ions vlll only handicap the City in at[empting to get the maximum price at this time. ii �� --�_ — — . —`–s �..�4':�r — "- � --- ' j .,s•; ...:✓-- , ----iiATf ----� iMi#IWA1/ - �ffl' - - �T �-- �. .—J --- . -- T�RSIiiC . �.,-r�--A�-..a �.-�. �__ . �c.. r't . _. . - _ . _ �Z ta��:i��t!!� 4'� � ��tir�: �t� ��, � ��,`�.. ..t�� ..'j � � �!t�ii�0 �.�i � I I i � . -.ir � ��.�� 1 _ ._ �I , ,T`} r ... 1 r:f'' I I a a�� . .�. .�. . a a �; �. � I� z �+ � i •.s a� I �.I. .�. y l • � I I• . . . . `� .TQ i � • ` w � � �� , �' .�. i. � _. • • .L .• . . , e � . . . . . . . ,. . , "1". ,.,. .; . . . . :. �.r!�.'�'�<<<�'��z ...�..i Td,�y.'�':, > ' >;,.� .. :�......��.��oR � I, � . . . . . . . . _ . . � � _ . . . . � , . �... �'} -� '- , , V i�\,� i ��• •-��.� . > � � �� I I• .I• � � �i � � • ��.I. . ��. - � I. ,, , . . . ` - - _ „ .�. �. . . _ I . . . 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' . 1 CITY OF FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY MEETING JULY 14, 1983 CALL TO ORDER: Vice-Chairperson Prieditis called the July 74, 1983, Housing & Redevelopment Authority meeting to order at 7:40 p,m. ROLL CALL: Members Present: Elmars Prieditis, Carolyn Svendsen, Duane Prairie Members Absent: Larry Commers, Walter Rasmussen Others Present: Jerrold Boardman, City Planner Sid Inman, City Finance Director Mark Naggerty, 6441 University Ave. N.E. Arlin Waelti, 0'Connor & Hannan Jim Casserly, 0'Connor & Hannan Howard Helgen, St, Phillips Human Services, Inc. APPROVAL OF JUNE 9, 1983, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION BY MR. PRAIRIE� SECONDED BY MS. SVENASEN� TO APPROVE THE JUNE 9� 1983� XOUSING'6 REDEVELOPMENT AUTHORITY MINUTES AS WRSTTEN. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON PRZEDZTIS DECLARED THE MOTION CARRIED UNANIMOUSLY, ADOPTION OF AGENDA: Mr. Boardman stated the following item should be added as Item �2: "Moore Lake District Discussion on Option" Vice-Chairperson Prieditis declared the agenda adopted as amended. 1. CONSIDERA7ION OF LEASE AGREEMENTS FOR STANDARD STATION: Mr. Boardman stated the "Mutual Agreement" is a standard agreement form. As far as the "Agreement of Lease", the HRA had approved it at their last meeting; but at that time, the agreement was for zero dollars. After the actual ]ease documents had been sent to the HRA members and after review of those documents, there was some concern, and the HRA members did want the lease documents back on the agenda for discussion. He stated some modifications have been made to the documents based on tfie HRA members concerns and comments. After a discussion with each HRA member, a monthly installment payment of $270 has been put into the lease. That was a change from zero dollars in the original lease agreement. HOUSING & REDEVELOPMENT AUTHORITY MEETING, JULY 14, 7983 PAGE 2 Mr. Boardman stated that in Memo N83-53, he was recommending that the HRA approve the execution of the Mutual Agreement and Agreement of Lease as presented witfi the authorization that Staff work with Mr. Ryan per Staff's recortmendations. Mr. Boardman stated the draft stated that tfie lesser may. upon request of the lessee, provide some assistance on the modifications. In discussions they said that any HRA expenditures would be strictly for material costs which would go into the building, and the HRA would pay the contractors directly for those material costs. 7he cost would not exceed $5,900.00. Ms. Svendsen had had a question about liens on the property. He stated he did discuss this with Mr. Haggerty, and they did put quite an extensive clause in the lease on liens. They are also pretty well protected because they are holding $10,000 in relocation costs, plus there will be an additional dollar amount that will probably come out of the condemnation. Ms. Svendsen stated she felt that any time they are dealing with this type of short term lease where the building most likely will be destroyed at some point in time, she would like to see some routine things that would protect them from any :7iens. Mr. Haggerty stated a letter of credit is not a workable solution. He stated that under state law, it takes 90 days to file a lien. He stated he would be willing to add a statement that the City will hold as additional security the relocation money for a period of 120 days after the last item of work has been completed. MOTION BY XS. SVENASEN� SECONDED BY MR, PRAIRIE� TO APPROVE TXE "AGREEMENT OF LEASE" AND "MITUAL AGREEMENT" CONTINCENT UPON THE CZTY XOLDING ALL OF PIIZ. TOM RYAN'S RELC�ATION NONIES FOR R PERZOD OF 120 DAYS AFTER THE LAST ITEM OF WORK HAS BEEN COMPLETED. UPON A VOZCE VOTE� ALL VOTINC RYE� VICE-CHAIRPERSOH PRIEDITZS DECLARED THE MOTZON CARRIED UNANIMOUSLY. 2. MOORE LAKE DISCUSSION ON OPTION: Mr. Boardman stated that Mr, Howard Helgen had contacted him on this item. Mr. Helgen has been negotiating with Mr. Max Saliterman to get a price on the property, Mr. Helgen and Mr. Saliterman have reached an agreement for pur- chasing the property for $300,000. This comes out to 52.36/sq. ft. Mr. Boardman stated it was his understandirtg from discussions with Mr. Commers and the other HRA members that they feli it would be important to have a quick appraisal done on tke proeprty. He siated he has contacted Patchin Appraisals and they can do an appraisal next Wednesday with a report back on Friday, They are just trying to estimate what the actual market value is on that property. Mr. Boardman stated he did feel E2.36/sq, ft, was very realistic. HOUSING & REDEVELOPMENT AUTHORITY MEETING JULV 14 1983 PAGE 3 Mr. Boardman stated that if St. Phillips Human Services, Inc., enters into an option agreement with Mr, Saltterman, the HRA would require St. Phillips to put up the pption money which is $1,000. That essentialiy takes the HRA out of the acGuisition of the property. He stated the HRA needs to rPwrite the right of developr��nt so it is tied to 202 funding and to the �ption. It ties the money directly to St. Phillips Human Services, Inc., so that St. Phillips can execcise the option with HRA assistance. Mr. Boardman stated he has talKed to Mr. Qureshi, City Manager, about this. As far as the CDBG funding, Mr. Qureshi seems to feel the City Council would be in favor of working with St. Phillips Human Service, Inc., on an option agree- ment, rather than going into condemnation. Mr. Boardman stated he also checked with HUD on the use of CDBG funds. CDBG monies can be directed to non-profit or private organizations based on a purchase agreement, rather than on an appraisal. He stated if they can work out an option agreement with St. Phillips Human Services, Inc., and Mr. Saliterman, it saves Staff a lot of paperwork and time. Mr. Helgen stated he thought $2,36/sq, ft. was a fair figure and he felt they should get the option contract in writing and get it to HUD so HUD knows that St, Phillips Human Services, Inc., has some control of the site. One of the problems when putting in an app7ication to HUD is that if they don't have control of the site, HUD is more reluctant to give funding because HUD does not know if they are actually going to get the property. There are too many uncertainties with condemnation. Mr. Helgen stated Mr. Boardman feels that St. Phillips Human Services, Inc „ should acquire the property. He stated he did not have any strong feelings on that, but he thought that the HRA bbaght the propert4es in a lot of other projects. If the appraisal comes in at $300,000, he did not know how the HRA would feel about acquirin9 the property. The concern was that if the appraisal comes in at less, there may be some probiems with having the HRA acquire the property. The concern he had was that if St. Phillips Human Services, Inc., does the acquirinq, St. Phillips Human Services, Inc., needs to be assured that any expenses they incur,that would otherwise have been incurred by the HRA, wil] be covered by the HRA. He was a]ittle re]uctant to have their committees and non-profit organization acquire the property unless they are pretty sure on the documents ahead of time that all the costs are covered. Mr. Boardman stated the easiest thing to do with CDBG monies is land acqui- sition because there are no contractors with land acquisition. So they want to take the $80,000 or whatever is put in from CDBG monies for acquisition, take tax increment monies, and turn around and do the soil correction. It is cleaner in terms of the administration of the project. If the HRA acquires the property, then the acquiring agency becomes a public agency, and CDBG monies cannot be used unless there is an appraisal, and if the appraisal is lower than the $300,000, they cannot spend CDBG monies for a project over that appraised value. That is where they run into problems. How do they put CDBG monies into land acquisition if the appraisal is at $270,000? Once the HRA gets involved, they are required to have an appraisal. He felt it was better for St, Phiilips Human Services, Inc., to enter into the option agree- ment, and the HRA would cover St. Phitlips with a right of development. HOUSING & REDEVELOPMEtJT AUTHORITY MEETING JULY 14 1983 PAGE 4 Mr, Prieditis asked Mr. Helgen what action he was looking for from the HRA. Mr. Helgen stated he would like to be in the position to enter into an agree- ment with Mr. Saliterman within the next couple of weeks. At this point, �though there has been an agreement, that agreement is not binding until it is Dut into writing, He would like a motion from the HRA that says the HRA, in principle, supports the acquisition based on entering into an option contract. The main thing is to get a guarantee from the HRA before they can apply for the funding, MOPION BY MR. PRRIRZE, SECONDED BY MR, PRIEDITIS, TO AUSHORZZE STA£F TO GO AHERD WITH THE APPRAZSAL ON TNE MOORE LAKE PROPERTY. UPON R VDICE VOTE� PRIEDITZS AND PRAZRIE VOTING AYE� SVENDSEN ABSTAINING� VICE-CHAIRPERSON PRIEDITIS DECLARED TXE MOTZON CARRIED. MOTION BY MR. PRAIRIE� SECONDED BY MR. PRIEDITIS� TO APPROVE THE SDER OF THE OPTION IN PRINCIPLE AND TO AUTHOl2ZZE STAf'F TO WORIC WI2H ST. PHILLIPS HUMAN SERVICES� INC.� ON TXE APPROPRIATE RZGHT-OF-DEVELOPMENT DOCUMENTS. UPON A VOICE VOTE, PRIEDITIS AND PRAIRIE VOTING AYE� SVENASEN ABSTRINING� VICE-CHAIRPERSON PRIEDITIS DECLARED THE MOTIDN CARRIED. 3. CONSIDERATION OF GENERAL RESERVE SYSTEM DOCUMENTS: Mr. Boardman stated the HRA approved the resolution approving the General Reser��e System and had authorized City Staff to prepare the necessary documents to enact this System. The General Reserve System documents were given to the HRA for review, but discussion was not to be held until all the documentation was gotten together. The items mailed to the HRA recently were the actual amendments necessary to the redevelopment districts and tax increment districts to allow tax increment funds to be used in a General Reserve System. He stated there were two separate sets of documents:(1)the documents establishing the General Reserve System; and (2) the documents needed to amend the existing plans to ailow the General Reserve System within the tax increment. Mr. Boardman stated Jim Casserly and Arlin Waelti from 0'Connor & Hannan were at the meeting to answer questions. Mr. Casserly handed out a Grachure on the "Cortmion Bond Fund System" (shortened to "Bond Fu�cf"), the system that Minneapolis has developed over the last 18 months. Ne stated this is the brochure the Minneapolis Community Development Agency is using and sending to prospective users of the System. It explains the System in a fairly reasonable way. What it explains to the potential user is why the Bond fund in Minneapolis would be an attractive device, it exptains what an industrial revenue bond is, why you can get long term fixed rate HOUSING & REDEVELOPMENT AUTHORITY MEETING JULY 14 1983 PAGE 5 financing, explains that a user could get up to 100% financing for rehab for a new facility, for an addition, for equipment and have a fixed rate, it explains that it is a rated bond and also explains how the reserves are pooled and tfiat provides the additional security. Mr, Casserly stated that in the middle of the brochure, there is one distinc- tion between the system they are talking about in fridley and the one Minneapolis now !ias in effect. "The Minneapolis Bond Fund was established with a$5 millicm letter of credit from Northwest Bank of Minneapolis. This ietter of credit acts as a secondary reserve for repayment of bonds issued to the Fund and has helped the Fund's initial bond issue receive an invest- ment rate with Standard & Poor Corporation. The Fund is further enhanced by pooling the debt service and reserve accounts of each individual bond issued." Mr. Casserly stated that what Fridley is doing is basically providing initially a cash from their existing bond proceeds to fund the secondary reserve. In Minneapolis, they were able to convince Northwest Bank Systems to come up with a$5 milTion letter of credit. He stated cash is actually superior. Minneapolis is spending a lot of time trying to figure out how to put cash into their system. Once they achieve that and put the cash in and the secondary reserve is finally funded, they will then have an A-rated system. He stated it is going to take longer in fridley to get a rating for their system, because they do not have as much area to work with. Minneapolis was able to do it imnediately. It will probably take a couple of years in Fridley. Once the system is rated, the bonds are even more marketable, Mr. Casserly stated that is essentially what the system is all about--the System is to provide additional security for those people allowed to use it. Because Fridley has a System, they have a development tool, a way to attract businesses into the community, they have lower cost financing, financing that is more like the traditional home mortgage, fixed-rate, long-term financing. In order to make the System work, they have to have policy makers who understand what the System is about, they have to have a staff who feels canfortable with the System, they have to have underwriters to manage it-- underwriters willing to meet the potential users, explain the System, and work out small and medium-sized businesspeople's problems. If they have those things, they have a chance to develop a very attractive device. Mr. Boardman stated the HRA has been pretty well briefed on the actual work- ings of the 5ystem. The only thing they haven't covered in great length is the actual a�endments to the documents. Mr. Casserly stated there are three resolutions that ultimate7y have to be adopted. He stated the second part of what they are preparing for the HRA is the "Modified Redevelopment Plan" prepared by Arlin Waelti. Mr. Casserly stated this plan has two reaT functians: (1) Combining all of the City's redevelopment projects into a single project area. This is what cities are now doing around the state. Since it does not force the City to HOUSING & REDEVELOPMENT AUTHORITY MEETING JULY 14 1983 PAGE 6 do anything or not do anything. It simply gives the City greater latitude in dealing with what�they do have. It makes good sense to integrate the City's redevelopment areas; (2) it allows tax increment funds to be used tu set up a reserve fund program. Mr. Boardman stated the City currently has three redevelopment plans. Within each redevelopment district, there are separate tax increment plans. What they are proposing is amending the Center City Redevelopment Plan ;o include tfie North Area and Moore Lake as part of the same redevelopment district. State law now allows them to have non-contiguous redevelopment districts. the proposed district would be called Redevelopment Project No. 1. The reason they are looking at amending it this way is because it is the only way to do a city-wide reserve system. Otherwise, if they wanted to use the reserve system in each redevelopment district, they would have to set up three separate reserves and it is not functional to do it that way. Instead of calling it Moore Lake Tax Increment, Center City Tax Increment,.North Area Tax Increment, they will call it Tax Increment No. 1, Tax Increment No. 2, and Tax Increment No. 3, etc. Ms. Waelti stated that when they are defining the redevelopment project, that is the geographic area in which they can spend public monies. It has nothing to do with taking monies, so they are identifying a very large area that is non-contiguous where the HRA can decide where they wish public improvements to occur with funds available from any tax increment district within that project area. What this modification has done is it has taken all of the tax increment districts and put them within one project area so there is lots of flexibility. They can take excess tax increments that have not been pledged to the repayment of bonds (first priority) and can designate where they want public improvements to occur, and they can move those tax increments around. From that definition, the HRA can see how important it is that the underlying project area is one area. Ms. Waelti stated that is not true of what tax increments are all about. A tax increment is the increased value accruing to that property because of public improvements the HRA is making. That is money they are taking, and that increased value is tax money they are going to take for a period of time, They may initially spend that money to retire the principle and interest on the bonds they may have issued or it may be a property they are just capturing the tax increment on and they are going t� use that toward their reserve. She stated there are a number of options. Ms. Waelti stated the important thing is they have to meet the commitments on the original pledge of.the tax increment bond. Any excess money is money to use for public purpose expenditures ta either put into the reserve or use for a number of purposes listed in the plan. It is important to keep in mind the concept that the project area defines where they can spend public money and tax increment dzstricts identify those areas where they can acquire money. For that reason� it is important to keep tax increment districts very small. HOUSING b REDEVELOPMENT AUTHORITY MEETING, JULY 14, 1983 PRGE 7 Ms. Waelti stated that from the public's perspective, what they want to do is make sure the HRA is taking only those parcels from which they are acquiring an increased tax base. They want to keep each tax increment district separate, because each tax increment district has a life of its own. Ms. Svendsen asked what other communities are seriously considering the General Reserve System. Mr. Casserly stated that Minneapolis and St. Paul have adopted the General Reserve System. Marshall and Blaine have also adopted the System. Apple Valley is adopting the System that same evening. He stated Blaine adopted the System about 16 months ago. He stated the Iron Range Cities have special authorization to combine the whole Iron Range into a single reserve fund program and $5 million has been allocated to start initial funding of the System. Metropolitan Council is looking at it. He was aware of other under- writers who are trying to design systems that would be multi-city, multi- county. He felt this would be very difficu)t to do. If you have a well- designed, locally controlled, locally funded system, you have flexibility on your own that is extremely competitive. As you start expanding the number of units who participate in that system, you then have to become far more rigid in how you apply the system, Mr. Prieditis asked what costs were incurred in getting to the point where the System starts working. Ms. Waelti stated the System is built and the law that was passed kept in mind the fact that as development occurs, it almost requires additional staff, In the law there is an allowance for 10% of each tax increment project to be spent on administrative costs. Each city is going to vary on how much it feels is appropriate, but she thought it was advisable for cities to look at usin9 a portion or all of it because this is a financiai tool and it doesn't operate by itself. They need good competent staff to work with the System to make it do what the HRA wants it to do. Administrative staff would be like a city's economic development director. As cities are finding that the state is cutting off funding and federal funding is disappearing, the cities are looking to their own resources, and one of the best uses of city resources is to have economic development people or consultants so the city can attract the type of projects into the city that will use the Reserve System so it expands the city's local tax base. Mr. Casserly stated it is important to know that there is nothing in the resolutions that reqoires more staff time. There is a trustee the HRA will appoint who actually hand7es the funds after the bonds are so7d and the underwriter is handling the sale of the bonds and the original negotiations. That is not what is causing additional staff; but if a city is successful and has people using the System, it is going to need some help with it. Ms. Svendsen asked if the City would be using existing staff or would they be hiring additional staff? HOUSING & REDEVELOPMENT AUTHORITY MEETING JULY 14 1983 PAGE 8 Mr. Inman stated the City will soon be hiring an economic development officer to replace Kent Hill. It is a city position. At the point where that person starts to work with Mr. Haggerty, development canes on line, reserve financing starts, and money begins to flow, obviously some of that person's salary will be picked up by the HRA. But, he was convinced they need someone to work with the System. Mr. Boardman stated that with the grand opening of the plaza and the new Community Park on Oct. 7-8, they will be putting together a brochure to be mailed out to developers in the area, they will be contacting all the real estate agencies in the area that deal with commercial/industrial real estate, and they will be putting an article in the National Association of Office Park Developers' newsletter. He stated they are going to get the word out in a promotional-type effort and they are looking at �ctober as the big push effort. Mr, Boardman stated another thing they have to consider is that this is not necessarily a tool for someone coming into the tax increment district, but a tool to be used by anyone who wants to use industrial development bonds in the City of fridley. Mr. Boardman stated this was being discussed at this meeting so the HR,4 would become more comfortable with the System. He would like to haNe a special meeting in a week or two for approval of the resolutions. He stated the City Council has been receiving the same documents as the HRA, The process is set up for a public hearing before the City Council for approval on Aug. 22. The HRA set a special meeting for Thursday, July 21, at 5:D0 p.m. 4, FINANCIAL REPORT: Mr. Inman stated the HRA members had received a copy of the annual financial report as audited. The HRA had also received the "HRA Rent Schedule" as of May 31, 1483, and a"Fridley HRA Combined Statements of Revenues, Expenses, and Changes in Fund Balance" as of July 13, 1983. Chairperson Prieditis declared the HRA's annual financial report, the Rent Schedule, and the HRA Combined Statements received into the record. 5. CHECK REGISTER: MOTION BY MS. SVENASEN� SECONDED BY MR. PRRZRIE� PO APPROVE THE CNECK REGISTER DATED JULY 23� 1983� YN THE AMDUNT OF $364�665�53. UPON A VDICE VOTE� RLL VOTING AYE� VICE-CHAIRPERSON PRIEDITIS DECLARED TNE MOTION CARRZED UNANIMOUSLY. HOUSING & REDEVELOPMENT AUTHORITY MEETING, JULY 14, 1983 PAGE 9 Mr. 6oardman stated he also needed approval on the progress payment for the demolition at 6379 University Ave. N.E. !p'PION BY MR. PRAIRIE� SECONDED BY MS. SVENASEN� TO RPPROVE THE PROGRESS PAYMENT FOR TXE DEMOLITION AT 6379 UNIVERSITY AVfi. N.B. IN TNE AMOUNT OF $8,611.75. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CNAIRPERSON PRIEDITIS DECLARED TXE MOTION CARRIED UNANZMOUSLY. 6. OTHER BUSINESS: Mr. Boardman stated he wanted to stress to the HRA that there needs to be some discussion on what direction they should go with the hardware building. The Lions Club is still waiting to hear from the HRA, and staff needs sane direction from the HRA. Mr. Prieditis stated that this discussion should take place when there are at least four commissioners present at a meeting, ADJOURNMENT: MOTION BY MS. SVENDSEN� SECONDED BY PII2. PRAIRZE� TO AATOURN THE MEETING. UPON A VOICE VOTE, ALL VOTZNG AYE� VICE-CHAIRPERSON PRIEDITIS DECLARED THE JULY I4, I983� XOUSING & REDEVELOPMENT AUTNORZTY MEETING ADJOURNED AT 9:45 P.M. Respectfully su mitted, vX-Q ynrt Sa a Recording 5ecretary CITY OF FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY SPECIAL MEETING JULY 21, 1983 CALL TO ORDER: Chairperson Canmers called the July 21, 1983, special Housing & Redevelopment Authority meeting to order at 5:00 p.m. ROLL CALL: Members Present Members Absent Larry Commers, Elmars Prieditis, Carolyn Svendsen Duane Prairie, Walter Rasmussen Others Present: �errold Boardman, City Planner Sid Inman, City Finance Director Jim Casserly, 0'Connor & Hannan Mary Malzahn, 0'Connor & Hannan RELATING TO A MODIFICATION Mr. Commers asked Mr. Casserly to review with the HRA the documents 0'Connor & Hannan have prepared and are presenting to the HRA at this meeting. Mr. Casserly stated he had asked Arlin Waelti, their Bond Counsel who had actually drafted the modification of the plan, to prepare a cover letter sumnar- izing the modifications and the reason for them. Mr. Cortuners stated that, as he understood it, regarding the districts themselves, they are merely consolidating the districts into one project so as to give the HRA more flexibility. Even though the districts are not physically contiguous, they will have one redevelopment project within the City of Fridley which will be made up of the three previous individual projects. Mr. Commers stated that as Ms. Waelti pointed out on page 2 of the July 21, 1983, cover letter, there are really no restrictions or limitations being put on those districts and they are, in fact, expanding their flexibility and authority with regard to the districts with tfiese modifications, Mr. Casserly stated that was correct. Recent legislation has made it very clear that they can use non-contiguous project areas and have non-contiguous tax incre- ment districts. That simply means they can take whatever areas they wish to develop in the city and treat them as a single project. � SPECIAL HOUSING & REDEVELOPMENT AUTHORITY MEETING, JULY 21, 1983 PA6E 2 Mr. Casserly stated there are two resolutions they are requesting the HRA to adopt.The three-page resolution is Resolution HRA -10-83. That is the resolu- tion whereby they designate the Center City Redeveopment Area as a Redevelop- ment Project No. 1 and modify it by enlarging Redevelopment No. 1 and the Redevelopment Plan relating thereto pursuant to existiog statutes. They designate. Center City Redevelopment Area as Tax Increment District 1, Moore Lake Redevelop- ment Area as Tax Increment District No. 2, and the North Area Redevelopment Area as Tax Increment District No. 3, all not located within Redevelopment Project No. 1. Mr. Casserly stated Resolution HRA 11-83 is the resolution that would request the City Council to call a public hearing on redesignating these districts. There is a statutory requirement to do this. He stated 0'Conner & Hannan has also prepared for Staff the notice of public hearing. He stated the public hearing at City Council will be on August 22. MOTZON BY MR. PRIEDSTIS, SECONDED BY MS. SVENRSEN, R�0 RDOPT RESOLUTION NO. NRA IO+B3 AS PRESENTED. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMDUSLY. MOTION BY AIIi. PRIEDZTIS� SECONDED BY XS. SVENASEN� TO ADOPT RESOLUTZON NO. HRA 11-83 AS PRESENTED�: UPON'A VOICE VOTE ALL VIYlZNG AYE, CXAIRPERSON COMMERS DECLARED TXE MOTION CARRIED UNANZMOUSLY. � Mr. Comners stated he would call the HRA's attention to the General Reserve document discussed at length at the July 14, 1983, HRA meeting. He stated he was not present at that meeting because of business out of town� but he had the opportunity to go through the document and had the apportunity to talk with Sid Inman and Jim Casserly about some of the questions he had. He stated that, at this time, he was satisfied that all his questions were answered adequately, Mr, Prieditis stated he was also satisfied with the concepts in the document. Mr. Commers stated the HRA does retain control over the use of this vehicle on an individual project basis to determine whether it should be made available or not. There is also a great deal of flexibility within the terms of the document as to what the HRA might and might not do. Mr. Comners stated that if the HRA does have some excess tax increment monies, his concern has been what they are goin9 to be able to continue to do with those funds or whether they are going to be obligated to make any comnitment to the reserve fund with tax increment excesses. Was he correct in understanding that those excesses can be used by the HRA in any manner or mode they want, one of which could be contributions to the reserve fund, but they are not required to contribute to the reserve fund? � SPECIAL HOUSING & REDEVELOPMENT AUTHORITY MEETING JULY 21 1983 PA6E 3 Mr. Casserly stated that was correct. Actually, they are not excesses because they have been part of the HRA plan and all the HRA is really doing is amending their whole finance plan to allow the reserve system to be an opportunity. They really do have a plan for the use of those funds. The funds just happen to be a�eilable at this time because they have not been spent, but they are part of the overall plan. Mr, Casserly stated there are three resolutions which must be adopted to establish the basic structure of the Fridley financing system, These are (1) Resolution Establishing a General Reserve fund; (2) Resolution Establishing the Industrial Development Bond Account in the General Reserve Fund; and (3) Basic Resolution and Indenture in setting up the rules and regulations. MOTION BY rlS. SVENASEN� SECONDED B]' FI:'. i'ItIEDITIS� TO ADOPT RESOLUTION NO. HRA I2-83 THE RESOLU`t'ION ESTABLISHING A GENERAi kHSERVE FUND. UPON A VOICE VOTE� ALL VOTING AYE, CNAZRPERSON COMMERS DECLARED THE MOTION CRRRIED UNANIMOUSLY. MOTION BY MS. SVENDSEN� SECONDED BY MR, PRIEDITIS� TO ADOPT RESOLUTZON NO.HRA 13-83 TXE RESOLUTION ESTABLISHING THE IDB ACCOUNT AS A SPECIAL ACCOUNT IN THE GENERaT. RESERVE FUND. UPON A VOICE VOTE� ALL VOTIN6 AYE� CXRIRPERSON COMMERS DECLARED THE !!OTION CRRRIED UNANIMOUSLY. MOTION BY 1�4t. PRIEDZTIS� SECONDED BY MS. SVENDSEN� TO AD�JPT RESOLUTION NO.HRA I4-83 THE BASZC RESOLUTION AND INDENTURE IN SETTING UP THE RULES AND REGULATIONS, UPON A VOICE VOTE� ALL VOTING AYE� CXAIRPERSON COMMERS DECLARED TXE MOTION CARRIED UNANZMOUSLY. Mr, Casserly stated there was one final short resolution which was an administra- tive one. The HRA will be seeing a number of these kinds of things that deal with the mechanics of the system. This resolution deals with authorizing the Executive Director to administratively call for the publication of a public hearing, The reason for this is because the HRA meets once a month and they have to meet to call for a public hearing, they could end up with very long time lines for the issuance of IDB's. If the Executive Director is allowed to pub- lish the notice, it simply gets the issue moving. Mr, Commers stated that whenever saneone canes in wft6 a praject, is the HRA automatically required to have a public hearing? Mr. Casserly stated they were not. sPECra� HOUSING & REDEVELOPMENT AUTHORITY MEETING JULY 21 1983 PAGE 4 Mr. Comrrers stated he had no objection to this resolution, but his question was who was going to determine whether or not there is going to be a public hearing, Would that be after the HRA has decided that a project is worthy of Deing considered for this kind of financing? Mr. Casserly said that what the HRA is going to have to ultimately do is develop some guidelines for those projects they think should be part of the system. This is something the NRA wi11 evolve over a period of time. 7he HRA has mostly ruies, not strict regulations. His impression from.working in other places is that Staff tends to be even more conservative in bringing things forward than the people who are the policy makers. Mr, Commers stated he would not like the Executive Director to call for a public hearing and go to the expense and trouble to have a public hearing if� for any reason, the HRA members would have any reservations about whether a project was worthy of Yhis kind of financing. Mr. Boardman stated that in most cases, the HRA is going to be involved in a project long before they get into ID @s. Mr, Corrmers stated maybe there should be some guidelines that have to be met before a public hearing is noticed. Mr. Boardman stated maybe some type of statement shou7d be put into the resolu- tion stating that the Executive Director will notify the HRA of the intent to call for a public hearing. 1NOTION BY MR. PRZEDITIS� SECONDED BY MS. SVE,NDSEN� TO AMEND RESOLUTZON NO. HRA-IS-83 TO ADD A STATEMENT THAT THE EXECUTNE DIRECTOR WSLL CALL FOR A PUBLIC HERRING ONLY AFTER NOTIFZCATION TO THE HRR� AND TO ADOPT TNE RESOLiTlION AS AMENDED, Mr. Commers asked Staff to amend the resolution. UPON A VDICE VOTE, ALL VOTING RYE� CHAIRPERSON COMMERS DECLARED THE MOTION CRRRIED UNANZMOUSLY. ADJOURNMENT• Chairperson Comners declared the July 21. 1983, special Housing & Redevelopment Authority meeting adjourned at 5:30 p.m. Respectfully s mitted, y Saba � Recording Secretary �y . . n..�... r 1n..� t1e �rr�y Tq, 14 A�: . � :L- . . !� _ .:�I ;�r�wrd;�l�R�s,� . =8i1i D�r�s�t� Assotia�t$'i�l ,,r' t��n�{�YiRONMEN�#C -#iU �6� �Y �. �3 �I� �l��Q�V �flNttTfi�,Ji¢ ��;'. �,G ifl�� YS� C91F2��M �. � - �u? `� �,s::� R: � g i, :x �,: �>: � ti: Xj' s�q T � ij. � 1. �.• �,#,at �ua11#�r. �is5ion ` !ne >Yet 1 an, �,$IQN MINUTES: �S T8E' .Ii� �5,�. 2483 o,i�Gl,AliBD Tqi� !ldT� ' �fufers, Staff �v� ;�eque9ted '�`f!�$L�w G�1@Ck M�L� �OOfl ai <someone in #itnneap�lis�. iY YL J . . • • v b�'e4r�s�d' � T4��.�s �n ite�nizati� Of tha et�s� 2 #rtq f�tC#11.�, � ., .r t�ff c� �� v e af h#s-staf€ re�ponsf-�; �ml°fa #r1Ai�a�r _qF,... �ns..�eraa... �.....mt 61w� �� a9s�y�rrr. .lil�Stl4, . �. requests ��e �,y �Me ��r►gs are imppr��tt,,�aY�e` t�.have to start Iteklpi+�� a�t r r> � f : €` , .._, dis �..u.-�,a.cs.�...unv ,. � '�� =. V , I.v � �4 : >1!� UPYii i11!'1"� i� �#�erp � I�. _ - _ _. a b�d � �t c+�l� tr�! brn�h. t�r eff�t# [cfiiEVaiaet� PD'�� tc+ 1n 1=r� avaii�bte � #o p�irsw M�fld �d I plan fe�r + „� �w , , � �te i t Y 1�l,�, 1�4�" ,� Plf&E 2 � � f�# xfir� 1rar�18t�. i�t��tt �t .��1, r�eir�ty w�r�e °�ro�� g�►'�s �e�_E�e�-a = �, the heu�ers itad MtM�° i�fit -�grass ; ; ti�cll-rurt caN�os#; praoj�t Y�'ttRe Coaf�tts��rt.# .; ° `� � � � ; ['�h t,�►e Fr�iuTe�s we�?�`re�ling; ��Pa i�r<'�c��s .�rat(e°r ��afs �burn � ft� Sh�2tt .fs��us � � � �tw�t "of s{�),. � ��tE 7f#S4"�t'S�� 1i!�1��`Lh�'ii8U1@t'S �, t�ves. � f�kJt � �# `pro�e+ct� ' ;;t.- !i� fran'Gl►e fia�ulel`s�*s�orrte campost- �. n� td�{nw�.}��{i��jies�{�. �1-�J.#�f7e fs � �g NiIY�LL i1/ ��y�U� � � \ tikfNilli ��i LiE� M�;�f =�IB C�DS'� ,. �; � I�� #s � dts�Yter. °:�he �rau7ers ��, b�t �. Cf�y +�f �r Br:i�Lcri � � �'tA ��spl f'k �tft� b�& �� et � . � � �ere� ca�itfs�asg �± bc�n � 3ist�b#•-�%�'t�-tl�ar�i have : : s;soroe s�1�i� to tr�r io `9et �ieg. s��=Flerk °H6i#d1d�t�ri', �t'> the'T�CA. � to ge� � #�st �f �omm�tnitits � that h�t�r�ot�ti.�r fatled - � »�, sy tt�t �� #aas�b'� or: �ractica# ; ' <� . �t t�r.#iie.5QEt1' r�e'�1ir� #aci]i#y. ��`i€� t� f�r t�r��sa Prtr��t. ►� ;C�wr��i'i°° �u��r�. �ihe �o�nni s3i c►n . . ihe �''o�e# #�rd '�err �t u�:a prc>grr��. 9 w:: : �: F � T�' SS&� _ c��b[3e� 2it'+�b ¢S �� . hb '�L�..a . t�es. � s. �er , �� Cp�aissii�,�'.� �ren wan# Err; a�d.: li1: 'fhey dort�t M�a��: p �o5t P►ro3ect � ^ec�i ing . i n s�l�e+" 3I� �missi:on .PU� to9�'G� #n � c�sL pi le u� 18 �ven be wi�lt� #�i,; Z�t! h�m�s. ftrr e�c � h�Mf�S 71t9d 1�AYE ' t1�+�y=�do hanei deii�^; � ►te.at tt�e tf�e• �y.� �'!� Co�missioi�'s-_� k�e. the�!t needed to .� a,s E�3ey fpr a �st g1 �#t t�tey sh9ttl� 9�� t4 xd .t�ey si►au�d s�t � �� `r� :.; � �e . � ° y§' _, �_ �... � - — . _,�<, � �- � �ttNtlie city'S,par&s to , _ af FridleY co�rld lead + ��,�i�n� Paper, 4Tass, etc.i ^tef questionnafre.on whether #�h it in the cit,� news7e� ��:iver wr:ve,�s or;;que�ti�- J�.��J. P�.:�2' �d�rL�.. ��..1.f q�@� SUr,vB�*$ LD;_t[�8 they sfiould go'ihrough �m, rathe� th�n hnve �need to be prppar-ed tv rde te aa,.,,.,, a. __.. F;r�►ing �y t.�ifs fa��, . } �, but there r�re =too many , " ' ae�. t#rfs fali. �et of next spring fcr. the ; :�the SQRT area for ."the ne3c� ` `' i�s.sion wil] fiave Lo,"stnrE i� �3�es for�- a ecmpo�t pro�t. ;� ��sion ,time outsi�8 the n� _° ` ��-,;�ji pf a letter�froet half the cGSt. sh�'was �>", �� , << 4F5.a�* �lti „�il�i&. �a�ULI ,�, f�,a�� d�#c '�o k .,t �. � ' .. � <�Ar. Pe� .: 't#ae �i`s �d * i�`i4� 8Y' ��.. . � .' GW C�� T#,� : �"; , .' :4Y32'� �5 �:.'�2' IPPt bAdN�,91 i+C7�$ iK�TlSs _ :MO�`� C� V1►11 ,:��;,,C� n�r. '�X ,�t. irai.riA�!��.�Q ..3; . . Y : � F , , , �: . , ., `°� St, He,�.t�tid �,: °: redunda�� p � de o»e i��prit r, .� - � � .:��,nr� a �.6Q. Zt�t� ��2,, ndfr�j tha� ; Q�T �or. #�e i #�d t�n rihea r 20 �z�r t �._:, �i1G AYB� f� . S�NLY[: D$�:iti1�87t II"B& ;�:. Y` � �ir:. c�a�tnv�r; ",� a�uvou� z�e �� :; v�c�t'a ' �tSN 3FAND�`y.`�'TARSD TIY� ,�IEI`i?�4� I�B3r : �'TI9G 3lDkT�D A'l 9r30 tis3l. '' r r, _,"� � Ye F! k' d ry� ' . i. i; ; h: ) �:;' 5 ed t � v'} i - : �:' �p,� ., __ � .�",: .k� �z�=`�ay, a.... ..�. e . _ _ , , : .s� l � �. CITY OF FRIDLEY PLANNING CONIlyff SSION MEETING, AUGUST 10, 1983 CALL TO ORDER• Chairperson Virginia Schnabel called the August L0, 1983, Planning Commission Meeting to order at 7:45 p. m. ROLL CALL: Members Present; NLs. Schnabel, Mr. Oquist, Mr. Kondrick, NLs. Gabe1 Members Absent Others Present Mr. Goodspeed, Mr. Saba, Mr. Svanda Jerrold Boardman, City Planner Bi11 Deblon, Associate Planner Kay Kunkel, Legal Intern APPROVAL OF SULY 27. 1983, PLANNING COMrff SSION MINUTES: MOTION BY M2, KONDRICK, SECONDED BY MR, OQUIST, TO APPROVE THE NLY 27, 1983, PLANNING COMMISSION MiNUTES AS WRITTEN, UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED TAE MOTION CARRIED UNANIMOUSLY. L. VACATION REQUEST, SAV �k83-03. BY TIMCO CONSTRUCTION: Vacate a utility easement on al1 that part of 76th Avenue N. E., Located in Osborne l�nor Second Addition lying East of the East line of Sth Street N, E., (76th Avenue N. E, vacated by Ordinance �k588), to aLlow the expansion of the clinic at 500 Osborne Road N. E. Mr. Boardman stated in order to construct an addition to this building, it will be necessary to expand across an existing right-of-way and utility ease- ment. He stated the right-of-way is not being used for str�:et purposes so staff has no problem with this request. However, it will be necessary to relocate existing utilities and rededicate easement. Mr. Boardman stated the agenda contains a drawing showing where they ivtend to relocate the utility lines and rededicate a utility easement. He stated the request is for the total vacation of the public right-of-way, but to retain an easement for utilities. Ms. Schnabel asked if the utility companies had been contacted. Mr. Boardman stated the developer has talked to the utility companies and rerouting wi11 be done at the developer's expense. MOTION BY MR, KONDRICK, SECONDED BY NJS. GABEL, TO RECOMMEND APPROVAL OF VACATION REQUEST, SAV ��83-03, BY TII�O CONSTRUCTION TO VACATE A UTILITY EASEMENT TO ALLOW EXPANSION OF A CLINIC AT 500 OSBORNE ROAD N. E, AND, ALONG WITH THIS REQUEST, TO M1KE CERTAIN ALL UTILITY COMPANIES INVOLVED HAVE BEEN NOTIFIED, FURTHER, THE PUBLIC RIGHT-OF-WAY WILL BE VACATED AI�TD A NEW EASEMENT PROVIDED FOR DRAINAGE AND UTILITIES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. PLANNING COMMISSION MEETING AUGUST 10 1983 PAGE 2 2. CONSIDERATION OF RIGHT-OF-WAY TURNBACK TO AFFECTED PROPERTY OWNERS: Mr. Boardman stated a number of partial parcels have been releasedt�y the stat� and quit c].ained'to the City. Mr. Board m�n stated this matter doesn't really require action by the Planning Commission, but staff wanted it brought to their attention in order to obtain their input regarding release of these excess properties. Mr. Boardman stated it is the intent of the City to deed back to the pro- perty owners tho,e properties which the City doesn't need. He stated the Commission must determine if this is the direction in which to proceed and if it is consistent with the Comprehensive Plan. Mr. Kondrick asked if there is enough land for any future expansion of I-694 so it caoutdci't be necessary to again acquire land for right-of-way. Mr. Boardman stated the freeway will eventually be expanded between Inter- � state 35 and the Mississippi River bridge, however, there is sufficient Land for this expansion. Mr. Boardman stated it has been the City's policy to vacate property they don't need and deed it back to the property owner. Ms. Gabel asked if these excess properties would be sold or turned back to the property owners. Mr. Boardman stated he was not sure how it would be handled, but probably would be deeded back to the owners. Ms. Schnabel stated in Mr. Newman's memo to Mr. Moravetz regarding these properties, he suggests the purchase agreement should require the buyer to provide a survey of the property prior to closing. Ms. Schnabel questioned why the buyer would have to furnish this information. Ms. Schnabel stated she personally objects to this requirement as she didn't feel it was the proper role of the buyer to obtain a survey of the property. Ms. Schnabel stated Mr. Newman's memo also pointed out that esta6lishing a policy at this time would only handicap the City in attempting to get the maximum price. She stated she has interpreted this to mean they shouldn't set a price. Mr. Boardman stated Mr. Newman is saying the City shouLd nut the oroperties up for s81e to see what price they can get and whether the Council wishes to proceed in this direction, he didn't know at this time. Mr. Boardman stated, in some cases, it might be worthwhile to sell the pro- perty; however, in other cases, the prooerty probably wouldn't se11. PLANNING CONIMiSSION MEETING AUGUST 10 1983 PAGE 3 Ms. Gab�l stated the Commission recently had a request for variances where this type of right-of-way was involved and, if the property had been turned back to the property owner, the variances wouldn`t have been neces- sary. Mr. Oquist asked how this whole matter relates to the Comprehensive PLan. Mr. Boardman stated there is no specific statement in the Comprehensive Plan regarding this type of property, but statements to the effect of making the maximum use of 1and, whenever possible, and turning back excess property probably faL1s within this content. MOTION BY NIIt, OQUIST, SECONDED BY ME2, KONDRICK, TO CONCUR WITH THE FHILOSOPHY OF TURNING BACK EXCESS PROPERTY AS IT IS CONSISTENT WITH THE INTENT OF THE COMPREHENSIVE PLAN; HOWEVER, THE COMhIISSION DOES TAKE EXCEPTION TO ITEM 3 IN M[t. NEWMAN' S MEMO WHICH WOULD SIIGGES�':' THE BUYER TO PROVIDE A SURVEY OF THE PROPERTY, UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY, 3. Mr. Deblon stated this proposed ordinance deals with all animals in the City and would replace Chapters 301, 302 and 303 which now cover "Livestock Control", "Animal Control", and "Wild Animals and Birds". Mr. Oquist felt there was no reason to allow livestoc?c in the City as there is no logical place to keep them. Mr. DebLon stated a11 existing livestoc!< in the City could come under a grandfather clause. He stated, in some cases, persons keep goats because the goat's milk is needed. Mr. Oquist also questioned if rabbits should be put in the category of livestock. Ms. Gabe1 stated she would agree they shouldn't license livestock such as cows or horses in the City. Ms. Schnabel asked if the Humane Society has certain size requirements for keeping livestock, and felt this should be checked. She stated there may not be any parcels of land in the City large enough to accommodate cows and horses. Mr. Kondrick felt common sense should dictate that certain animals shouldn't be allowed in the City. PLANNING COMMISSION MEETING, AU QJST 10, 1983 PAGE 4 Mr. Boardmen stated certain setbacks have to be met in order to keep Livestock, therefore, the size of the 1ot would control what a person can or cannot do with regard to livestock. He sCated the question is if they want to eliminate livestock from the ordinance and then make a determination on how to classify rabbits and goats. Mr, Oquist stated, by definition, a rabbit is reaLly a rodent, and ❑ot livestock. Ms. Kay Kunkel, the Legal Intern, then reviewed the proposed ordinance wiCH the PLanning Coartnission members, and the following changes were noCed: Section 101.01, Definitions - A definition of "Birds" a;4drP1DomEStic Pets" was added. The definition of "Domestic Pets" is as follows: "Any of various animals kept for pleasure rather than utility,!' Under Item 6, "Cruelty or Tarture," the word "both" was changed to "deaCh". Mr. C�quist stated the kennel definition refers to cats and dogs and ques- tioned whether rabbits should be included or if it should be limited to cats and dogs. Ms. Kunkel stated if there is a livestoc!c category and xabbits are left in this category, the kennel definition should probably say three or more animals. Mr. Oquist stated kennels 8re allowed in an industrial zone and questioned if there should be a cross-reference in Chapter 205 regarding the kennel� license. Mr. Oquist also stated he felt the definition of 'cennels should be the same in both ordinances in order to be consistent, Ms. Kunkel stated, under Section 101.01, a definition of "Rodents" and "Wild Animals" was included. Ms. Schnabel asked about reptiles, hampsters and gerbils and if these animals would come under the definition of "Domestic Pets". Ms. Kunkel felt they would be cLassified as a domestic pet. Section 101.03. Live,sto� k ContF91 - Mr. Deblon stated additional verbage was edded in order to clarify the License procedure. Section 101.04� ➢� 6ontxol'-°This should be put under the Animal.•Nuisance section as Item 9. .Under Item 6, che words "dog or cat" were changed to "animal". Section 101.06, Dog ReQistration - This section should be moved so it foliows Section 101.03, Livestock Control. NLs. Kunkel stated, under Section 101.06 (2), the wording may have to be changed to allow people to register their dog if they are getting a vaccination within six months. Ms. Gabel suggested staff work on this section because, in her case, she is unable to�obtain a license for her dog because it is suppose to be vaccinated every two years. She stated the ordinance provides a dog has to be vaccin- ated in order to obtain a license which is issued on a yearly basis. PLANNING COMMISSION MEETING AUGUST LO 1983 PAGE 5 Under Section 101.06, 2(B) - This should read as foLtows: "It shall be unlawful to counterfeit a dog tag or remove a tag for any purpose." Sectinn lO1.OSt Exemptions - Change the reference to Section 101.06 to Section 101.04. Section 101.10, Impounding - Item 2(B) - Begin this section with the words, '�e owner of the impounded animal shall pay", etc. Item 2(C) - Line 3- Add the words, "insure the vaccination of" after the word "sha11". Item 2(D) - Begin this section with the words, "The owner of the imnounded animal shall also pay the" and change the word "confined" in the second line to "impounded". 5ection 101.11, Animal Bites, Quarantine - Item 1, Line 1- Add the words, "bitten or° after "person" and change the word "bit" to "who has been bitten". Item 2, Line 4- This should be renumbered to become Item 3 which sha11 begin as follows: "The quarantine required by Section 2 above sha11", etc. Item 3- Renumber as Item 4. Section 101.12. Vicious Animals - Line 3- Substitute the word "may" for "sha11"; after the word "two", add "or more biting occurrences" instead of the word "bites"; eliminate the words, "except those occurring in defense of the owner or the owner's property"; change the word "human° to "humane° in the Last sentence. Section 101.14, Nhizzlin� - Line 2- Add the words, "and welfare" after the word "safety". Section 101.15, Kennels - Item 2(D) - Change the words, "dog runs" to "run areas" and after the word, "dogs", add "and/or cats". Under Item 2(E) - In the first Line, after the word "dogs" add "and/or cats". Under Item 6 of Section 101.15, add the word '�after'� after the word "days" on the sixth line, and on the seventh line, add the words "have the opportunity to" after the word "sha11". Section 101.18, Seeing Eye Dogs - Add the word, "transit" before the word 'beh- icle on the second line; add t e word "owner" after the word "the" on the fourth Line; and add the words "or other employee" aftex the word "operator" on the fourth line. Mr. Kondrick stated he would recommend including a section on clean-up of animal excrement under the Animal Nuisance section of this ordinance. He also questioned if they should recommend fines. Mr. Boardman stated staff would chec{ into this further to see how it is handled in Minneapolis. PLANNING COMMISSION MEETING AUGUST 10 1983 PAGE 6 MOTION BY PL:, OQI3I9'Y, SECONDED BY NIIt, KONDRICK TO CONTINUE THIS ITEM T� THE NEXT MEETING FOR SUBMISSION OF A FINAL DRAFT, UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANIN�USLY, 4. RECEIVE HOUSING & REDEVELOPMENT AUTHORITY MINUTES: .T[TLY 14 1983: MOTION BY MR, OQUIST, SECONI7ED BY MR, KONDRICK TO RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF JUT,Y 14, 1983. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECIARED THE MOTION CARRIED UNANIMOUSLY, 5. RECEIVE HOUS7N G& REDEVELOPMENT AUTHORITY MINUTES: SPECIAL MEETING OF MOTION BY MR. (�QUIST,..-SECONDED BY MR, KONDRICK TO RECEIVE THE MLNUTES OF THE SPEC7AL MEETING OF THE HOUSING & RE➢EVELOPMENT AUTHORITY OF JULY 21, 1983. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNP,NIMOUSLY, 6. RECEIVE ENVIRONMENTAL QUALITY CONIl�fISSION MiNUTES: NLY 19, 1983: MOTTQN BY MR, hONDRICK, SECONDED BY ME2, OQUIST TO RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY COhIhIISSION PIEETING OF NLY 19, 1483. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED UNANII�USLY. Pfr. Deblon stated, in regard to the Environmental Quality Coimnission's motion regarding the payment to SORT, the concept was approved, but a bill was never submitted. Mr. Boardman stated no further action on this motion would be necessary by the Planning Commission since they have already concurred with the minutes. ADJO[TRP'MENT: MQTIQN BY MR, KONDRICK, SECONDED BY MR. OQUIST TO ADJOURN THE MEETING, UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNt1BEL DECLARED THE AUGUST 10, 1983 PLANNING COMMISSION MEETING ADJOURNED AT 9:47 P. M, RespecCfully submitted, Carole Haddad Recording Secretary