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11/23/1981 - 5308FRIOLEY CITY COUNCIL MEETING PLEASE STGN hJaME ADDRESS AND ITEM NUMSER INTERESTED IN DATE: na��4,,,,,,v-�ti(Z ��, �.�.�1 NAME � L' t-kril�l / U C.�,�r�.n ffi�. � ,, ADDRESS ITEM NUM�ER ______________�_��-_______-_-____-_-______--_= G =____� y� � �� vA .� _ �2 � � ��. � � � _��. _E � � � ��. ��.��.� �.. �- � 3� � � � ' _�' , . -7 -7 �. I �r, t � .°I�� ri � � c ,.�-I�, F- � � � " ? � 639a .S�tx,�-�=��C- �� f��f/ ��vf�A� �f1 � �- c.,.�-�. c _.,� _.'�:� �-.,.-.Q. 2-2� , 7 Sl3 � ' �: Q� FRIDLEY CITY COUNC i L REGULAR P9EE�I��G - ��OVEM�BE� 23, 1981 - 7:3Q p,r�, . _ MEMO T0: DEPARTMENT HEADS . FOLLO�JING ARE THE ��ACTIONS ��EEDED'�. PLEASE HAVE YOUR ANSWERS BACK IN THE CITY MANAGER�S OFFICE BY THE ��IEDNESDAY BEFORE THE NEXT REGULAR COUNCIL MEETING. THANK YOU. � APPROVAL OF i�IIPJUTES: 0 r�EGULAR h�EETING OF �VOVEMBER 9, 1981 ` Approved ADOPT I O�V OF AGE�JDA : �,� �) Add: Discussion Regarding Directive on Injury on Duty Pay OPE(J FORUf�1, V I S I TORS : �CONSIDERATION OF ITEMS NOT ON AGENDA — IS P�1NUTES) No response PUBLIC HEARIVGS: PUBLIC HEARING ON PROPOSED PROJECT FOR ISSUANCE OF �1,IOO,OOO INDUSTRIAL DEVELOPMENT REVENiJE BONDS TO THE RI CE CREEK COMPANY iiNDER THE �`11 NNESOTA ��UN I C I PAL I NDUST— , RIAL DEVELOPMENT ACT, MINNESOTA STATUTES, CHAPTER 4�4� �� 1 Public Hearing opended at 7:38 P.M. Continued to meeting in January, 1982. ENTRAL SERVI ES ACTION NEEDED: Put continued public hearing on agenda in January i CENTRAL SERV. V PUBLIC WORKS I PUBLIC WORKS � �UBLIC WORKS REGULAR �EETI PUELIC HEARIyGS; PUBLIC HEARING ON PROPOSED PROJECT FOR ISSUANCE OF �1,950,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS TO �3RD AVE � FARTNERSF�I P UNDER THE i�I NNESOTA ��UN I C I PAL INDUSTRIAL DEVELOPMENT ACT, i�11NNESOTA STATUTES, �HAPTER 474 � � � � � � � , � � , , , , . , � , � � , � , Hearing opened at 7:42 P.M. Closed at 7:55 P.M. RESOLUTION GIVING PRELIMINARY APPROVAL ADOPTED - SEE ITEM 9 PllBLIC HEARING ON APPROVAL OF i'`�ORTH AREA REDEVELOP- MENT PLAN, AS ALLOWED UNDER MUNICIPAL HOUSING AND REDEVELOPMENT ACT. . � � � � � � � � , � � � � � � � � � Hearing opened at 7:55 P.M. Closed at 8:20 P.M. RESOLUTION APPROVING NORTH AREA REDEV. PLAN ADOPTED - SEE ITEM 12 2-2C 3-3C PUBLIC HEARING ON ESTABLISHMEIVT OF TAX INCREMENT DISTRICT IN iVORTH AREA. . . � . � � , , � � , , , , � , 4 - 4 $ Hearing opened at 8:20 P.M. Closed at 9:25 P.h1. RESOLUTION APPROVING TAX INCREMENT PLAN ADOPTED - SEE ITEM 13 �JEZ� BUS I NESS : RECEIVING PLANNING COMMISSION i�IINUTES OF i�OVEMBER 4, 1981,,,,,,,,,,,,,,,,,,,,, A. Consideration of rezoning request, ZOA #81-05, to rezone from M-2 to R-3 for 360 unit apartment com- plex, NE Quadrant of 83rd & Main St. Request by Dav i d Harri s . . . . . . . . . . . . . . . . . . . . . P.C. Recommendation: Approval with three stipulations Council Action Needed: Set pub1ic hearing for December 14, 1981 Public Hearing set for December 14, 1981 ACTION NEEDED: Make arrangements for public hearing ,,,, . 5C - 5F &5J-50 5-50 REGULAR MEETING, NOVEMBER Z3, 1981 +�EW ��SI�E$$ iCONTINUED) PAGE 3 RECEIVING CHARTER COMMISSION ��1NUTES OF OCTOBER 6, 1981, , , , , , , , , , , , , , , , , , , , , 6 - 6 D Minutes received PUBLIC WORKS ACTION NEEDED: Fi]e minutes for future reference PUBLIC WORKS � CENTRAL SERV SERV RECEIPT OF AGREEMENT FOR �iIYBO, FEHLING AND FEHLING PERTAINING TO CONSTRUCTION OF AN OFFICE BUILDING ON f� I LLW I ND ROAD � . � � � � � . , � , � � � � � , � , � 7 - 7 E Approved agreement between Nybo, Feh�ing and Fehling and City Tabled action on second reading of rezoning ordinance requested by Mr. Burandt to January 18, 1982 ACTION NEEDED: Have agreement executed and put rezoning ordinance on January 18 agenda for consideration of second reading CONSIDERATION OF A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL, AND AUTHORI- ZING PREPARATION OF i'�ECESSARY DOCUMENTS �RICE CREEK COMPANY � � � � . � � � � � � � � � � � � � � � � � � . . $ - g B Hearing was continued to January ES ACTION NEEDED: Put resolution on agenda in January for consideration after public hearing closed CONSIDERATION OF A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL AND AUTHORIZ- ING PREPARATION OF P�ECESSARY DOCUMENTS i�3RD AVENUE PARTNERSH I P) � � � � � � � � � � � � � . � � � � � � � . 9 - 9 B Resolution No. 129 adopted �i ACTT(1N ni�rnrn. ��,.�_r._ ____, . . _ CENTRAL SERV] ' CENT REGULAR �EETING, NOVEMBER Z3, I9H1 PAGE 4 NEd� BUSINESS (CONTINUED) CONSIDERATION OF A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE P�INNESOTA MUNICI— PAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A�OTICE OF SAID HEARING iCOLUMBIA PARK PROPERTIES) . , , � � � � , . , � � , � � , , , � Resolution No. 130-1987 adopted ES ACTION NEEDED: Make arrangements for hearing on December 14, 10 - 10 B 1981 CONSIDERATION OF A RESOLUTION GIVING FINAL APPROVAL FOR ��.,ZSO,OOO INDUSTRIAL DEVELOPMENT REVENUE iVOTE FOR I9S1 ��WH PROPERTIES PROJECT)� � � � � � . , � � � 11 - 11 hi Resolution No. 131-1981 adopted subject to approval of final form by Atto ERVI ES ACTIQN NEEDED: Work with City Attorney on approval of final form and notify applicant of Council action IPUBLICI�JORKS !'UBLIC WORKS CONSIDERATION OF A RESOLUTION APPROVING THE I�ORTH AREA REDEVELOPMENT PLAN � � � � � � � � � , , � � � . � 12 - �2 A Resolution No. 132-1981 adopted on a four to one vote by Council ACTION NEEDED: Proceed as authorized on North Area P7an CONSIDERATION OF A RESOLUTION APPROVING THE TAX INCREMENT PLAN OF THE NORTH AREA REDEVELOPMENT AREA� � 13 - 13 A Resoltuion No. 133-1981 adopted ACTION NEEDED: Proceed with tax increment plan as authorized i. �EGULAR MEETING, �VOVEMBER Z3, I981_ P S PUBLIC WORKS � POLICE fJEW BUSIiJESS (CONTINUED) CONSIDERATION OF A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH COLUMBIA HEIGHTS FOR STREET SEALCOATING (ST, 1982-10) , , , , , , , , , , , , , , , , 14 - 14 B Resolution No. 134-1981 adopted ACTION NEEDED: Execute agreement as approved CONSIDERATION OF ONE YEAR EXTENSION--ANIMAL CONTROL CONTRACT, , , , , , , , , , , , , , , , , , , , , , , , 15 - 15 B Approved one year extension for contract ACTION NEEDED: Have one year extension agreement executed by MAPSI �LAIMS� � � � . . � . � � � � � � � . � � � � � � � � , 16 Approved , CENTRAL SERV ACTION NEEDED: Pay claims {CENTRAL SERV �CENTRAL SERV LICENSES� � � � � � � � � � � � � � � � � . � � � � � � Added: Temporary on-sale beer license for Fridley Lions Ciub with requested waived of fee All licenses approved include Lions Club with fee waived ACTION NEEDED: Issue licenses 17-�7A ESTIMATES� . � . , . , . . . � � . . � . . , . . � . . 18 - 18 F Approved ACTION NEEDED: Pay estimates ADJOUR�i: �o:zo p.M. �r � , FRIDLEY C1TY COUNC 1 L REGULAR f�7EETI�dG —��JOVEI�BE� 23, 1981 = 7;3Q. P.��. PLEDGE OF ALLEGIA�VCE: � � APPROVAL OF �"!I f�JUTES : t�EGULAR MEET I NG OF i`�OVEMBER 9, 1981 ADOPT I O�U OF AGE�JDA : OPE(J FORUP�, V I S I TORS : �CONSIDERATION OF ITEMS NOT ON AGENDA - 15 MINUTES) 0 PUBLIC NEARIiVGS: PUBLIC HEARING. ON PROPOSED PROJECT FOR ISSUANCE OF �I,IOO,OOO INDUSTRIAL DEVELOPMENT REVENi3E BONDS TO THE RICE CREEK COMPANY UNDER THE �`11NNESOTA P�UNICIPAL INDUST- RIAL DEVELOPMENT ACT, MINNESOTA STATUTES, CHAPTER 474� �� 1 m G � i�0 PUBLIC HEARIyGS: PAG PUBLIC HEARING ON PROPOSED PROJECT FOR ISSUANCE OF $1,950,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS TO THE RICE CREEK COMPANY UNDER THE ��INNESOTA IiUNICIPAL INDUSTRIAL DEVELOPMENT ACT, PIINNESOTA STATUTES, CHAPTER 4%4 � � � � � � � � � � � � � � � � � � � � � � � 2 - 2 � PUBLIC HEARING ON APPROVAL OF i'�ORTH AREA REDEVELOP- MENT PLAN, AS ALLOWED UNDER MUNICIPAL HOUSING AND REDEVELOPMENT ACT � . . � . , � � � � � , � � � � � � � � 3 - 3 C PUBLIC HEARING ON ESTABLISHMENT OF TAX INCREMENT DI STR I CT I N i�ORTH AREA � � � � � � � . � , � � � � � � , 4 - 4 B �JEW BUS I NESS : � RECEIVING PLANNING COMMISSION i�IINUTES OF l�IOVEMBER 4, 1981,,,,,,,,,,,,,,,,,,,,,,,,,, 5-50 A. Consideration of rezoning request, ZOA #81-05, to rezone from P1-2 to R-3 for 360 unit apartment com- plex, NE Quadrant of 83rd & Main St. Request by David Harris. . . . . . . . . . . . . . . . . . . . . 5C - 5F P.C. Recorr�nendation: Approval with three & 5J - 50 stipulations Council Action Needed: Set public hearing for December 14, 1981 � REGULAR MEETING, NOVEMBER 23, 1981 i�EW �USI�ESS �CONTINUED) PAGE 3 RECEIVING CHARTER COMMISSION ��1NUTES OF OCTOBER 6, 1981, , , , , , , , , , , , , , , , , , , , , 6 - 6 D RECEIPT OF AGREEMENT FOR P�YBO, FEHLING AND FEHLING PERTAINING TO CONSTRUCTION OF AN OFFICE BUILDING ON fi I LLW I ND ROAD � � � � . � . � � � � � . � � � � � � � % - 7 E CONSIDERATION'OF A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MllNICIPAL INDIlSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL, AND AUTHORI- ZING PREPARATION OF ��ECESSARY DOCUMENTS �RICE CREEK COMPANY � � � � � � � � � � � � . � � � � � � � � � � � CONSIDERATION OF A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL AND AUTHORIZ- ING PREPARATION OF �JECESSARY DOCUMENTS i%3RD AVENUE PARTNERSH I P) � � � � � � � . � � � � � � � � . � � � � n . . . • � REGULAR MEETING, NOVEMBER Z3 NE6� BUSINESS �CONTINUED) CQNSIDERATION OF A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE �INNESOTA MUNICI- PAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A vOTICE OF SAID HEARING iCOLUMBIA PARK PROPERTIES) � � � � � � � � � � � � � . . � � � � PAGE 4 10-lOB CONSIDERATION OF A RESOLUTION GIVING FINAL APPROVAL FOR �I,ZSO,OOO INDUSTRIAL DEVELOPMENT REVENUE ;VOTE FOR I9H1 t��W�I PROPERTIES PROJECT) � � . � � � � � � � . 11 - 11 P9 � CONSIDERATION OF A RESOLUTION APPROVING THE PJORTH AREA REDEVELOPMENT PLAN � � � � . � � � . . � � � � � � CONSIDERATION OF A-RESOLUTION APPROVING THE TAX INCREMENT PLAN OF THE IVORTH AREA I�EDEVELOPMENT AREA� � � 12 - 12 A 13 - 13 A 0 0 `.r3 THE MINl1TES OF THE REGULAR MEETIN6 OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 9, 1981 The Regular Meeting of the Fridley City Council was called to order at 7:35 p, m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Fl ag. . ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilwoman Moses-Martin and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: PUBLIC HEARING MEETING, OCTOBER 19, 7981: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR hIEETING, OCi06ER 26, 1981: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. STATEMENT OF CANVASS: � CANVASSING OF VOTES OF THE 6ENERAL ELECTION OF NOVEMBER 3, 1981: MOTION by Councilman Barnette to approve the canvass of votes of the General Election of November 3, 1981. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Dlayor Nee declared the motion carried unanimously. City.of Fridley, Minnesota STATEMENT OF CANVASS General Election November 3, 1981 DECLARATION OF RESULTS THEREOF In accordance with Section 4.08 of the Charter of the City of Fridley, the City Council declares the results of the 1981 General Election to be as follows: A. The total number of ballots cast was: � Ward 1- Precinct 1 78 Ward 1- Precinct 2 233 Ward 1- Precinct 3 107 Ward 3- Precinct 1 445 Ward 3- Precinct 2 165 Ward 3- Precinct 3 314 1,342 TOTAL 1,342 vvi REGULAR MEETING OF NOVEMBER 9, 1981 PAGE 2 STATEMENT OF CANVASS CON'T: B. The votes for each candid�te, and the number of overvotes, undervotes and write-in votes are as follows: COUNCILMEMBER - WARD I W-1 P-1 W-1 P-2 W-1 P-3 TOTAL Ed Hamernik 73 228 100 401 Overvotes 0 0 0 0 Underotes . 2 4 3 9 Stan Kowalski 1 Cheryl Moses-Martin 1 Kay Herb Egeness 3 Bruce Peterson 1 Neilson 1 Bill Weiss 1 Write-in Votes $ TOTAL 78 233 COU��CILMEMBER - WARD III W-3 P-i W-3 P-2 Ed Fitzpatrick 2Q9 49 Irene Maertens 229 125 Overvotes 1 � Undervotes 5 1 Janice Dean 1 Write-in Votes � 107 418 41-3 P-3 TOTAL 227 485 a6 430 0 1 1 7 0 1 TOTAL 445 165 314 924 C. The following officers were declared elected: COUNCILMEMBER WARD I- ED HAMERNIK COUNCILMEMBER WARD III - ED FI7ZPATRICK D. The following is a true copy of the ballot used for Councilmember Ward I: O�¢ICIq� �q��Ot CITY OF fRtDLET Anoka County. Minnesoto Generol Elettion TUESDaT, NOYEI�BER 3, f 98i � Put an (X> opposite the naw�e of each candidale you wish b vole far, iu the square indicaled by lhe arrow. COUNCILMEMBEA• WARDI <VOTE FOR ONE) ED HAMERNIK 285 REGULAR MEETING OF NOVEMBER 9, 1981 PAGE 3 STATEMENT OF CANVASS CON'T: E. The following is a true copy of the ballot used for Councilmember Ward III: 4fficiat Ballot c�Tr o� FRio�Er Anoka County, Minnesota General Election TUESQAr, MOYEMBER 3,1981 � Pot an (X) opposite the name of each candidate you wis6 b votr fa, in 1he square indicaled by tbe arrow. COUNCILMEMBER • WARD Ill IVOTE FOR ONE) IRENE MAERTENS ED FITZPATRICK F. The names of the judges of the election are as follows: WARD 1 - PRECINCT 1 Carolyn Holmen Doris Tallaksen Gay Gronlund Clifford Ness Majorie Rosin Camilla Mueller Sandra Goman WARD 1 - PRECINC7 3 Charlene Swanson Margaret Powell Alice Mol Rosalie Halling Mathilda Johnson Rosella Amar WARD 3 -� PRECItyCT 2 Judy �ngebretson Nancy Strong Dona Mae Odland �ar1 en�':11ai 1 in Velma Farr Jean Wagar 6JARD 1 - PRECINCT 2 Joyce McLellan Marlys Johnson Shirley Kohlan Mary E. Storley Mary Sullivan Evelyn Selenski WARD 3 - PRECINCT 1 Betty Bonine Janet Kothman Betty Scott Roma Eastwood h�yrtle Morphew Connie Samuelson Lavonne Avery Alice Anderson WARD 3 - PRECII�CT 3 Gladys Syverson Bev Miller Laverne Roseth Jean Johnson Gemaine Wolsfeld Florence Gordon Betty Nelson 286 �� REGULAR MEETING OF NOVEMBER 9, 1981 PA6E 4 STATEMENT OF CANVASS CON'T: HEALTH CARE FACILITIES Norma Rust Dorothy Veres COlJNCILMEMBER COUNCILMEh'IBER COUN�ILMEMBER COUNCILMEMBER PUBLIC HEARING: MAYOR - WILLIAPI J. NEE INDUSTR MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon � a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:40 p. m. Mr. Inman, City Clerk, stated this is a proposal for issuance of $1,000,000 in the form of an industrial revenue note to LaMaur, Inc. for approximately a , 51,000 square foot expansion of their faciliLies. �1r. Inman stated this expansion is estimated to increase the work force by 3Q jobs and add to the City's tax base. He stated the Council received a o�ap showing the exact location of the expansion and also a letter from � tAidland National Bank who agrees to buy the note as a single debt instrumertt. MOTION by Councilman Fitzpatrick to receive the letter from Midland National Bank dated November 9, 1981 which stated they are prepar�d to purchase the note in its entirety. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. William Olson, Secretary-Treasurer for LaMaur, Inc. stated they originally made application for a$3,000,000 revenue bond and found they weren't qualified for that amount and have amended it to $1,000,000. ,__ �,�? REGULAR MEETING OF NOVEMBER 9, 1981 PAGE 5 Mr. Olson stated,in conferring with Midland National Bank, they were told there would be some savings as a result of them purchasing the note. Mr. Olson stated the expansion is to be about 51,000 square feet and would provide about 43 additional job, all at the Fridley facility. Mr. Qureshi, City Manager. stated originally LaMaur was considering two sites for this expansion, one to the north and one to the south, and asked if a decision had been made on the location. Mr. Olson replied they � would be expanding to the north and the facility could be larger than what is now anticipated. ii Mr. Qureshi stated the Council's action on the industrial revenue bond issue has no relationship regarding the building permit. He stated the building permit would be a separate process and the plans would be reviewed to make sure thay meet all the zoning and code requirements. Mr. Herrick, City Attorney, asked Mr. Olson who was their bond attorney and he stated it was Mr. Walter Duffy, Mr. Herrick asked Mr. Olson to have Mr. Duffy contact him as soon as possible. There was no response from the audience regarding the issuance of these industriat revenue bonds. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwanan Moses-Martin. Upon a voice vote, all voting atye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:45 p. m. OLD BUSINESS: n � e.� CONSIDERATION OF REVISED COMPREHENSIVE PLAN FOR SUBMITTAL TO THE METROPOLITAN COUNCIL TABLED 10 26/81 : Mr. Qureshi, City Manager, stated staff has gone through this plan and made adjustments in order to leave the flexibility, as much as possible, on the City level. H� suggested this item be considered later in the agenda if there will be a fairly lengthly discussion. The Council agreed to proceed with the other agenda items and'return to this item later. L�= ORDINANCE N0. 743 AMENDING CHAPTER 602 OF THE fRIDLEY CITY CODE ENTITLED "BEER LICENSING"• MOTION by Councilman Schneider to waive the second reading of Ordinance No. 743 and adopt it on the second reading and order publication. Seconded by Councilwoman Moses-Martin. Mr. Herrick, City Attorney, stated he has reviewed this ordinance and is satisfied with the way it is written. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried- unanimously. f:�cONSIDERATION OF REPORT FROM STAFF REGARDING THE REZONING FOR MR. BURANDT: Councilman Schneider stated his purpose in adding this item to the agenda is to obtain a status report on where they stand with this parcel. He stated, at thela�t meeting,this item was referred to staff to draw up an agreement that would, basically, insure that the proposal presented for an office complex does, in fact, proceed, i . •. REGULAR h1EETING OF NOVEMBER 9, 1981 PAGE 6 Mr. Qureshi, City Manager, stated staff has talked to Mr. Burandt and indicated the Council would rezone the parcel he owns, with the stipulation� that the structure now on it would be removed, as well as the building to the south, and the proposed office building would be constructed. Mr. Qureshi stated Mr. Burandt indicated he didn't want to sign such an agreement and wanted to treat his lot separately, with an agreement he remove the existing structure. Councilman Schneider pointed out that Mr. Burandt is the fee owner on both parcels and asked on a rezoninq request who files the application, the contract-for-deed owner or fee owner. Mr. Herrick, City Attorney, stated either can make application, but both must sign the application for rezoning. Councilman Schneider asked if there is any legal agreement that can be drawn so that Mr. Burandt is protected in the event Nybo's financing for the office building does not go through. He felt there should be a way to protect the City as well as Mr. Burandt. Mr. Burandt stated the application for rezoning was made by him and he cannot sign an agreement for removal of the existing structure as the contract for deed prohibits this removal. Mr. Herrick felt there shouldn't be any reason why he and the Nybo's couldn't agree on this matter, subject to them obtaining the financing. Mr. Burandt stated if the financing doesn't go through for the proposed office building, he still has an R-3 property and he cannot apply to refurbish the property under the current status. N;r. Herrick stated, depending on the degree of damage, if it is less than 50%, Mr. Burandt has the right to have the structure repaired. He stated he will also have the right to construct multiple units up to the amount allowed under the zoning. He stated on the question of the rezoning, however, that is a discretion made by the Cauncil to decide what is best for the City and the area. Mr. 8urandt said he was advised the opposite by the staff. He also stated Nybo's have an exclusive development contract signed with the Housing and Redevelopment Authority. Mr. Herrick stated if they don't have control of both parcels, then they don't have an agreement with the Housing and Redevelopment Authority. Mr. Burandt stated the Housing and Redevelopment Authority gave the Nybo's rights to develop the property through condemnation. Mr. Herrick stated what has to be clarified is who has control over the property. Mr. Burandt stated there was no agreement between himself and the Nybo's for the parcel which contains the burned-out structure. Mr. Herrick feTt Mr. Burandt and the Nybo's should get together and come in with a unified proposal on the two parcels. He stated if nothing is going to happen, as far as development and construction of the office building, then Dtr. Burandt is free to treat the parcel with the burned-out structure separately. Mr. Qureshi, City Manager, stated Mr. Burandt was given the same information by staff as was given by the City Attorney. He pointed out Mr. Burandt cannot be tied with the property to the south, under a contract for deed, and still have a building permit for the other parcel. � 28� RE6ULAR MEETIN6 OF NOVEMBER 9, 1981 PAGE 7 Mr. Herrick felt the Nybo proposal for the office building should be dealt with first, and if that develops, none of this other discussion would be necessary; however, if it doesn't develop, then the question on what Mr. Burandt wished to do with the property would have to be considered. MOTION by Councilman Schneider to table this matter and obtairt a full report of the situation and alternatives for the next meeting. Seconded by Councilwoman Moses-Martin. Mr. Herrick felt the next time this issue is before the Council, Mr. Burandt, the Nybo's, and Mr. Boardman should be here so all the questions can be dealt with. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 5 COP�SIDERATION OF A REQUEST BY FRIDLEY FIREFI6HTERS RELIEF ASSOCIATION TO �' ARESOLUTION N0. 125-1981 IN OPPOSITION TO IP�TERNAL REVENUE SERVICE REVENUE ' RULING 81-58: Mr. Charles McKusick, President of the Fridley Firefighters Relief Association, appeared before the Council regarding two changes in its by-laws which the Council must ratify under provision of the Minnesota statutes. Mr. McKusick stated the proposed changes are to increase the monthly base service pension from $192.00 to $200,00, effective January 1, 1981 and to ciiange the post 20 year service credit from the current fixed $4.00 per year to 1/20th of the base service pension. � Mr. McKusick stated the changes will not require any tax support from the City, but stated they have a surplus in their fund and did not make any changes until they had the additional funds necessary. Mr. Inman, City Clerk, stated he met with the Fire Relief Association and concurs that both the proposed changes will not place them in an unfunded liability situation. MOTION by Councilman Schneider to concur with �he request fran the Fridley Firefighters Relief Association regarding two proposed changes in their pension benefits. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting a�ye, Mayor Nee declared the motion carried unanimously. Mr. Bob Aldrich, Fire Chief, appeared before the Council regarding IRS Ruling 81-58. Mr. Aldrich stated they have some serious concerns about this particular ruling and it would have the potential of placing the fire pension into an unfunded liability situation in the near future. He explained what Ruling 81-58 does appear to remove the exemption on earnings of police and fire relief associations from federal taxation, and asked the Council's support of the resolution opposing this ruling. MOTION by Councilman Barnette to adopt Resolution No. 125-1981 in Opposition to Internal Revenue Service Revenue Ruling 81-58. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee � declared the motion carried unanimously. iyu REGULAR MEETING OF NOVEMBER 9, 1981 PAGE 8 ` 6 CONSIDERATION OF REAPPROVAL OF BROTTLUND ESTATES PROPERTY, 6431 AMD 6433 EAST RIVER ROAD, REQUESTED BY J. A. CADWALLADER III, DBA: P,EALTY WORLD: Mr. Flora, Public Works Director, stated the Brottlund lst Addition Plat was approved by the Council in 1978 with two stipulations, (1) that there be an additional ten foot easement dedicated along East River Road and; (2) the park fee of $600 be received. Mr. Flora stat�d there were some problems and the plat was not filed and, again, in 1979 the Council reapproved the piat withthe same stipulations. Mr. Flora stated all the necessary items in order to file the plat have now been completed and Mr. Brottlund is now requesting approval in order to record the plat. He stated the City has not received the plat indicating the ten foot easement nor the park fee. Mr. Flora pointed out the ordinance was changed in 1981, and the park fee now required is $1,000 per lot, therefore, a determination should be made on the amount to be obtained for the park fee. MOTION by Councilman Fitzpatrick to re-approve Brottlund's lst Addition, with the stipulation there be an additional ten foot easement dedicated along East River Road and a park fee of $600, as originally approved. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CONSIDERATION OF SIGNING JOINT COOPERATION AGREEMENT WITH ANOKA COUNTY, COMMUNITY DEVELOPMENT BLOCK 6RANT FOR 1982: Councilman Schneider asked if it was the County's intent to have a task force review the various proposals for the community development block grant funds. Mr. Qureshi, City Manager, stated it is his understanding they will use the same process as previously. MOTION by Councilwoman Moses-Martin to authorize the Mayor and City Manager to enter into this agreement with Anoka County for the Cortgnunity Development Block 6rant Program for 1982. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � CONSIDERATION Of CHANGE ORDER N0. 1, WATER APdD SEWER PROJECT N0. 134: Mr. Flora, Public Works Director, stated the Fire Department has identified a section of East University Servise Drive between 57-1/2 Avenue and 60th Avenue which did not have a fire hydrant to service this commercial area. Mr. Flora requested the Council consider this change order in order to extend a water line and install a fire hydrant at an estimated cost of.$4,500. ��OTION by Councilman Fitzpatrick to authorize Change Order No. 1 to Sewer and Water Project No. 134 with Bonine Excavating, Inc. in the amount of $4,458.19. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � RESOLUTION N0. 126-1981 GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRI�L Mr. Herrick, City Attorney, stated the resolution presented to the Council was based on the original request for $3,000,000 in industrial revenue bonds and this amount should be changed to $1,000,000. Also, under Item 4, the name of Piper, Jaffray & Hopwood Incorporated should be striken and Midiand National Bank be added in its place. , _. _ — _ ._ � G;;, REGULAR MEETING OF NOVEMBER 9, 1981 PAGE 9 Mr. Herrick stated this resolution was drawn by Mr. Duffy, the bond counsel, and he was told Council would consider this resolution with the above two changes, but the resolution should be checked to make sure these changes do not adversely effect it and if they do, the resolution will be redrawn and resubmitted to the Council. MOTION by Councilman Fitzpatrick to adopt Resolution No. 126-1981, with the following changes: (1) change the $3,000,000 figure to $1,000,000; and (2) change, under Item 4, Piper, Jaffray & Hopwood Inc. to Midland National � Bank. Seconded by Councilwoman Moses-Martin. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -y 1� RESOLUTION N0. 127-1981 TO ACCEPT BIKEWAY/WALKWAY EASEMENT FROM MARQUETTE STATE BANK OF COLUMBIA HEIGHTS: MOTION by Councilwoman Moses-Martin to adopt Resolution No. 127-1981. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1� RESOLUTION N0. 128-1981 AUTHORIZING TRANSFERS FR n� n T��r nr��M ��r��n r��ln L1 9r I.InTrn I.InnvC iunA/�\I[lul MOTION by Councilman Schneider to adopt Resolution No. 128-1981. Seconded by Councilman Barnette. Upon a voice vote, all voting a�ye, Mayor Nee declared the motion carried unanimously. 3 CONSIDERATION OF REVISED COMPREHENSIVE PLAN FOR SUBMITTAL TO THE METROPOLITAN COUNCIL TABLED 10/26/81 : Councilman Schneider stated one of his concerns in the original plan was the proposed land use and in the plan approved earlier, the Council had inten- tionally not delineated any specific areas and the plan was rejected by the Metropolitan Council. Councilman Schneider stated he trusts the latest plan shows land use consistant with the present zoning map, with the exception of the redevelopment areas where no zoning is shown in these areas. He stated, if that is the case, he would be comfortable with this pla�i. Mr. Herrick stated any time the Council wishes to change the zoning map, they have to submit it to the Fletropolitan Gouncil. The plan was discussed and the following changes were made: Page 1-4, 4A - eliminate the words "in any blocks or". Page 2-5, Objective Two, Policy 1: add "and waters" after the word "lands". Page 2-6, Policy 2: add "or hazardous" after the word "solid". Page 4-4, Policy 3A: change to read as follows: "The code should be examined to determine if mandatory inspections of one family units, at the time of sale, is appropriate". Page 4-5, Objective Three: last paragraph, first line: change "now" to "sometimes". . L"ast paragraph, second line: change "households" to "families" and insert the word "State" before the word "law". Page 3-15: Division symbols are mission in the equations Page 7-6: Include the Moore Lake PhaseII cost figures. MOTION by Councilman Schneider to approve the revised Comprehensive Plan, with the above changes, and direct staff to forward it to the Metropolitan Council. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 29� REGULAR MEETIN6 OF NOVEMBER 9, 1981 PAGE 10 �� ONSIDERATION OF 1982 HOLIDAY AND CITY COUPJCIL MEETIPlG SCHEDULES: MOTION by Councilman Fitzpatrick to approve the 1982 Holiday and City Council �leeting Schedule. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � e�'� APPOINTF1ENTS - CITY EMPLOYEES: Fir. Qureshi, City Manager, stated John Cich has withdrawn his application for appointment as a Police Officer, therefore, Council should only consider the appointment of David Prois as a Police Officer. MOTION by Councilwoman Moses-Martin to concur with the following appointment: NAME POSITION SALARY EFFECTIVE DATE REPLACES David Prois Police Officer $1,348 November 23, 1981 David Younkin 1959 Forest St, per. Hastings, MN 55033 month LICENSES: Mr. Qureshi, City Manager, stated the on-sale beer license for Big B's Pizza requires a public hearing, therefore, action should not be taken on this particular license until after the hearing. MOTION by Councilman Barnette to approve the licenses as submitted and as on file in the License Clerk's Office, with the exception of the on-sale beer license for Big B's Pizza. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �, � ESTIPIATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted. Herrick & Newman, P.A. 6270 University Avenue, NE Fridley, MN 55432 For legal services rendered as City Attorney for the month of October, 1981 $ 3,247.05 H & S Asphalt Company 700 Industry Avenue N.W. Anoka, k6J 55303 Partial Est. #1 - Work on Oak Glen Creek Dentention..Pond $10,245.00 Crossings, Inc. P.O. Box 10 Prior Lake, MN 55372 Partial Est. #1 - Moore Lake Restoration Project (Storm Sewer Diversions) - S& W 132 $36,337.50 Seconded by Councilman Schneider. Upon a voice vote, all votf,ng ayes Mayor Nee declared the motion carried unanimously. ' lU� REGULAR MEETING OF NOVEMBER 9, 1981 PAGE 11 1 � CLAIMS: MOTION by Councilman Barnette to authorize payment of Claims No. 283H34 through 311601. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the m�tion carried unanimously. The Council extended their congratulations to Councilman Fitzpatrick who was reelected to the Council and also to Mr, Ed Hamernik who was elected to the Council. �� ADJOURNMENT• � MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 9, 1981 adjourned at 9:02 p. m. Respectfully submitted, Carole Haddad William J, Nee Secy. to the City Council Mayor Approved: � � � � 1 Notice of Public Hearing Commercial Development Revenue Bond or Note � Rice Creek Company Building Project) A public hearing will be he�ld by the City Council of the City of Fridley , Minnesota, at the City Hall, 6431 University Avenue Northeast, Fridley, Minnesota, at 8:00 p.m., November 23, 1981, for the purpose of considering a proposal that the City unc3ertake and finance a commercial development project in the City. A meeting of the City Council of the City of Fridley will follow the hearing, at which a resolution giving preliminary approval to the financing of the project will be considered. The project, proposed to be operated by Rice Creek Company 3uilding constitutes the acquisition of Iand within the City, acquisition and construction of a building thereon and acquisition and installation of equipment therefor to be used as a commercial office building facility. The esti- mated principal amount of the obligations proposed to be issued by the City is $1 ,100,000. A� draft co�y of the pro- posed apnlication to the Commissioner of Securities of the State of Minnesota, together with all attachments and ex- hibits thereto, will be available for public inspection at the City Aall c3uring regular office hours. DATED October 26, 1981 SIDNEY C. INMAN, CITY CLERK � Publish: November 4, 1981 Notice of Public Aearing Commercial Development Revenue Bond or Note ( 73rd Avenue Partnership Building Project) � A public hearing will be he�ld by the City Council of the City of Fridley Minnesota, at the City Sall, 6431 6iniversity Avenue Northeast, �ridley� Minnesota, at 8:00 p.m., November 23, 1981, for the purpose of considering a proposal that the City undertake and finance a commercial development project in the City. A meeting of the City Council of the City of Fridley will follow the hearing, at which a resolution giving preliminary approval to the financing of the project will be considered. The project, proposed to be operated by 73rd Avenue Partner- ship Building constitutes the acquisition of Iand within the City, acquisition and construction of a building thereon and acquisition and installation of equipment therefor to be used as a commercial office building facility. The esti- mated principal amount of the obligations propased to be issued by the City is $1,950,000.00.A � draft copy of the pro- posed apDlication to the Commissioner of 5ecurities of the State of Minnesota, together with all attachments and ex- hibits thereto, will be available for public inspection at the City Hall during regular office hours. DA7ED October 26,�1981 SIDNEY C. INMAN, CITY CLERK Publish: November 4, 1981 2 ..._ ......_ . . ... _ . . _... .. .. _ _......._._.... .. .. , .. STATE OF htlNNESOTA • DEPARTMENT OF COFdMERCE — S�CURITIES OIV1S10N • • APPLICATION . FOR APf'ROVAL OF MUNlCIPAL WDUSTRIAL REV�NUE BOND PR03�CT i o: • - . Minnesota Departmeni of Commerce S�curities Division 500 h�e►ro Square Buiiding SL Paut, fJiinnesota 55101 Date October 23, 1981 . 2 A The govemirig body of _ Ci ty of Fri dl ey , County of Anoka , Minnesota, hereby app!ies to the Commissioner of the State of Minnes�ta, Securi:ies Division O� I7° Depar,meni of Commerce, for approval of ihis community's prepos�d municipa! lnd:.�strial Reve�ue Sond issue, �s requir�d by Section 1, Subdivisicn 7, Chapter 474, �i;�nesota Statutes. VVe have en�ered into preliminary discussions with: f1nM 73rd Avenue Partnershi ADDAESS 6441 University Avenue � � - ci�r Fri dl ey 5TAT� Minnesota 55432 t�f,.�,�a��,�;,� a• Minnesota partnership a�n,�y Mark E. Haggerty a��Q: 6441 University Avenue, Fridley, NQy � �:�m�otPro,�_ _73rd Avenue Building Project - This firm is e�c�oed primarily �in (nature of b��siness): _ Land hol di no cQmoanv T'`ne funds �e�eived frorn the sate of ihe"lndustrial �eve�ue Bonds �vi1l be used to (ee;�era1 n�t��r� c; project): ConStruCt an offi�e,�h.uild?n� at`thP intPrsP�ti�n nf 7'�rd AvaniiQ and �nivPr4��_ _Avenue which is presently owned bv Tri-State Com�anv. a subsidiarv of the Soo Line Railwav. lt witl be toc2ted in Fridley, Minnesota The tota! bond issue wi(1 be approximztely 5i ,950i000.00 to be applied toward paymen: ofi costs no:v estimated as fvliows: - Cos; Item land Acq��isitio� and Site Devetopme�t Cons;ruction Con.racts cquipment Acquisition and fr.stallation Architec;ural and Engineering Fees Legal Fees (nterest during Consirvction lnitial Bond Reserve Coniin ? ' Amount � S 400,000.00 � i 100,000.00 � 300,000.00 50,000.00 a�d.�vill he c�mpiet�d on �r ate�. .. --Julv 30 � .'. . _.. -• , 79 �82 �. .Vhen c�m�le-ed, !hcr� �2,;� c �eprox::,�aip!y 50 new jo�s cre�i2d by the projec-t st an �nnu�l payroll ef epp� exi;,.a;cly 8 750,000.00 based upon r�rrently pr�v2iling wac�s. • The ten:ative terr� of the financing is 10 years, conm°ncing July 31 ' , 79 82 . The {o'f�wing exhib:� are tumis��d with this eppt�c_jio� znd are tinc�rpors:ed h�re'sn by re'.asen�c: 1, An opinion of bo�d counsel �ai ih� proposal c�ns.itut°s a pro;ect un�er Yir�neso:a St�L, Ct�apter 474.02. 2. A copy oi z-�e ci�y c;�ncil resol�;ion giving pr2�irr,inGry aprrcv�l ior :.he i�s��nce of iu t�ver,:,�e b�nc�s - ' 3. A�mprenensive s:z��r:�nt by ihe mun:cipatit�/ indic<<ing ho�y :�e Fro;ect satisl�es i.�? pe.iblic pur�r� of A'iinnesota St2t, C��ptet 474.Qt. � � 4. A ler:er of ir.�ent to purci-�se ��.t;e bond is�e a: a 1�er ccnfirming i�e `e�si�iti�y o� '.i�� proje�i Frcm a fin2r,r.a1 ��.--�c�?oint � 5. A�.�;�,e�� sc�:� Ey t,�e '�;ayor, to ti�A eHe� ih� u�o� en;.=ri^g in.o ;1:� revenue z�tc2r:�tIL► �� in:or�:zY�cn r�Guire�' by ?4'�inn. Stai.. Sac. 474.G7 �ubd. � will �e �br,.it;.p�', :o ihe �Jcp2rt- rr.�-:* oi c�+�em�c Dw�icrmPnt . • • . � A s'.�--�r, �nt s;cn�i �y �`:e ti',ayor, that :i�a pro;�-ct c�Ns no: incl�c'e any prcYe� ►y to t� so;d or a�:=�:.� iv cr c�:ssm� in t;� produc��on ai prc� ►ry for sa'e, zr.� d�s noi incSuC� �r.y he:.•si�,� f-�:3'ry :a �� rz:�:� or usz� �s a�: m2nent resi�zr.ce. . . 7_ A s.�..x-�sri si�,�,' by �e �1a; �r L�..Ti a�ubiic h�::s�ng ws c�n��c'.� ��r�.�:.ni io !;ir,z. Si:.�t. 474.0� Su:_.� 7�_ T^A s'a�^°:-rt s.�.al! inc�v� t�:e ��, tirr,e ar.d pf�r-,° of L � nc-r::r.g ;,�d :�,a: _ z;! in;�-� � �es �-� a�:or� �n ep�ru»i; f�:o exVre� �.ir vie-nr,. � ; c:.�� Q� �'.e r-v--fi�-of �+ub!ic�cn o� t�'.� Fvbiic h�rir.r�. •.'-� � L:v'�:�, ar? ��'y cs-.� r�r�•ctrves a; Fri dl ey ,?ySinr.F-�U, -. �•sa:� ��r �.car�? e,' ��s pro� �i your �r�:csz cc�„�eni�r,c.z sa � at �vA mzy c::rr�/ it t� 2 Sir.at c�.r�:�:u.t. . � � S-'-� �•r (: 7'.'6r": c� ri::l�� • -- �5 r ---` . _1 s..�� :c � �-=r� ::� :� � �.,,�. .f�i :;;� �`.� �: ::_...:�: ,� ;�' � � st�-.? cf � � °._.��^_ �Dn G ::� � �� -O _•�? :� � �-� a.� �:2 �� i C.` �^.°► :G'S'� :S9 �3�. � =�� '��lL'+f�f. � .--,� �--��--::a7 0 G--�•.=:�-•� � '�''�aec .=�n�rs T^rc�c a' C:.:.�-�'..S �' GOPHER SECURITIES INCORPORATED 825 Thornton St. S.E. Minneapolis, MN 55414 Phone:(612)375-9393 November 16, 1981 Mayor William Nee City of Fridley Fridley, MN 55432 Commissioner of Securities Minnesota Department of Commerce Securities Division 500 Metro Square Building St. Paul, MN 55101 RE: City of Fridley, Minnesota, Commercial Development Revenue Note Project, $1,950,000.00 Series 1981 for 73rd Avenue Partnership Dear Mayor and Commissioner: We are aware that 73rd Avenue Partnership, is seeking tax exempt financing for the development of an office facility in the 73rd Avenue and University Avenue area of the City of Fridley, Anoka County, Minnesota; It is our opinion that this project, proposed by the 73rd Avenue Partnership, is capable of being built provided that a bank rents approximately twenty percent of tfie office space on a long term lease in order to give it the necessary financial stability. We have sufficient reason to believe that the Industrial Revenue Bond or tax exempt mortgaqe and note will be successfully placec�, at an appropriate interest rate in which the undersigned could place with a viable lender. • HRB:kv � 2� 3 PUBLIC HEARINu BEFORE THE �ITY COUI�CIL TO WH0�1 IT MAY CONCERfV: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, r�ovember 23, 1981 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of the approval of the North Area Redevelopment Plan, as allowed under the Plunicipal Housing and Redevelopment Act, MSA Chapter 462. The Redevelopr�ent Plan proposes the inclusion of the following described real estate: 53902/3000 - Now 02-30-24-22-0001 COM AT A PT ON W LINE OF SD NIJI/4 533.25 FT + or - S OF NW COR THEREOF (SD PT BEING THE INTER OF W LINE OF SD NWl/4 & THE WLY EXT OF THE 5 LINE OF THE PLAT OF COOPER-DANLSERG ADDIT.ION} TH ELY & PRII TO THE N LINE OF SD-NW1/4 TD A PT BEING 600 FEET tJ OF W R/W LINE OF SD T H�47 TH SLY PRLL/IJ SD IJLY R/W OF SD T N#47 TO A PT BEING 450 FEET N OF S LINE OF SD N4J1/4 OF NW1/4 TH ELY & PRLL TO N LINE THEREOF 600 FT TO WLY R/W LINE OF SD T H#47 TH SLY ALG SD R/4J LINE TO THE SH1 COR THEREOF TH WLY ALG S LINE OF SD N!Jl/4 OF NIJI/4 TO THE SW COR THEP,EOF TK NLY ALG W LINE OF SD 1!4 1/4 TO P 0 B EX RD SU6J TO EASE OF REC 53902/3200 - No�•1 02-30-24-22-0002 THAT PRRT OF THE N 32.12 ACRES OF Nl�;l/n LYG I+1 OF THE IdLY R/!J LIP�E QF T H y47 EX RD SUBJ TO EASE OF REC 53902/3300 - Now 02-30-24-22-0003 THE E 600.00 FT AS MEAS AT RIGHT "A'VGLES TO THE W RT-OF-I�JAY OF STATE TRK H!dY NO 47 OF THE FOL DESC TRACT-ALL OF THE N!,I1/4 OF N141/4 OF SEC 2-30-24 ANOKA CNTY, Mf� LYING ldLY OF STATE TRK N!JY t�0 47 (EX THE 5 1050.00 FT THEREOF) &(EX THAT PART LYING N OF THE S LINE OF TNE N 32.12 ACRES OF SAID NI•J1/4 OF SAID SEC 2)(SUBJ TO EASE OF RECORD TO CITY OF FRIDLEY FOR STREETS SIDEIJALKS & UTIL)(SUBJ TO STATE HIGHIJAY NO 47 ACQUISITION)(SUBJ TO 50 FT WIDE EASE FOR SERVICE ROAD PURP & EASE OF RECORD) 53902/3400 - Now 02-30-24-22-0004 THE E 600.00 FT OF THE N 6�0.00 FT OF THE S 1050.00 FT. OF �ILL THAT PART OF THE NW1/4 OF NW1/4 OF SEC 2-30-24 A`�OKA C"1TY, MN LYING 41LY OF STATE TRK HIJY 47 (SUBJ i0 £ASE OF RECOR�7 TO G1TY OF FRIDLEY FOR STREETS SIDEIdALKS & I;TIL)(SUBJ TO STATE HWY NO 47 ACQUISITIOy)(SU[iJ TO A 50 FT !dIDE EASE FOR SERVICE ROAD PURP R EASE OF RECORD) 53902/3700 - Now 02-30-24-23-0003 THE S 452.64 FT �OF ALL TN PT OF THE S4!1/�4 OF P�W1/4 OF SEC 2-30-24 ANOKA CNTY, MN LYING 4J�Y OF ST �TRUNK H�PTY No 47 � 3A 53902/4000 - Now 02-30-24-23-0004 THE ELY 600 FT OF THE N 425 23 FT OF THE S 877.87 FT OF ALL THAT PART OF THE S4J1/4 of PJW1 J4 OF SEC 2-30-24 ANOKA CNTY, ��1W LYING WLY OF STATE TRK Hl•lY NO 47 (SUBJ TO AN EASE FOR UTIL PURP OVER THE 1�J 20 FT OF THE ELY 115 FT OF SAID SW1/4 OF NW1/4 LYI��G WLY OF & ADJACENT TO THE 4J LINE OF STATE TRK H;�]Y NO n7)(SUBJ TO EASE & RESTRIrTIONS OF RECORD & 20 FT 57REET EASE NOV 11, 1976) CABA RERLTY RESIDUE R-02-30-24-23-0011 THAT PART OF SW1/4 OF NW1/4 DESC AS FOL COM A7 A PT ON WLY R/lJ LINE OF T H#47 SD PT 6EING 877.87 FT N OF S LINE OF SW1/4 OF Nllll4 TH WLY ALG THE S LINE OF THE PLAT OF CABA REALTY FIRST ADD 600 FT 70 THE P 0 B TH SLY PRLL WITH THE WLY R/4J OF T H #47 425.23 FT TH WtY PRLL WITH 7HE S LINE OF SD 1/4 1/4 70 W LINE THEREOF TH NLY ALC� W LINE OF SD 1/4 1/4 425.23 fT TO S LINE OF SD PLAT OF CASA RE�ILTY fIRS7 ADD TH'ELY ALG SD S LIPSE TO P 0 B EX RD SUSJ TO EASE OF REC Caba Realty First Addition - Lot 1, Block 1, and Lots 1- 5, Slock 2 University Industrial Park - Lot 1, Block 1; Lot 1, Block 2; Lots 1- 10, Block 3, and Lots 1- 8, Block 4 UNIVERSITY INDUSTRIAL PARK RESIDUE R-02-30-24-32-0025 TI�Afi PART OF NW1/4'OF SW1/4 LYG NLY & WLY OF THE W& t� LINES OF BLOCK 4 OF PLATTED INDUSTRIAL�PARK EX RD SUBJ TO EASE OF REC 53902/5700 SOUTH 284 FT. OF WEST 460 FT. OF NW1;4 OF St,il/4 OF SECTION 2-30-24. SUBJ TO PUB EASE AND RESTRICTIONS OF RECORD. 53903/1800 - Now 03-3Q-24-14-0001 THAT PART OF N1/2 OF SE1%4 8F NE1/4 LYG S OF N 233 FT THEREOF AND THAT PART OF S1/2 OF SE1/4 OF NE1/4 LYG W OF E 600.2 FT THEREOF EX RD SUBJ TO EASE OF REC 53903/1810 - Now 03-30-24-14-p002 TNE E 600.2 FT OF THE S1/2-OF SE1/4 OF NE1/4 OF SEC 3-30-24 ANOKA CNTY, MN (SUSJ TO EASE E� RES�RICTIONS OF RECORD IF ANY) 53903/1910 - Now 03-30-24-14-0003 THE N 233.00 F7 AS MEAS A7 RT ANGLES FROM THE N�tINE OF SE1/4 OF NE114 OF SEC 3-30-24 ACCORDING TO THE U S GOVT SURVEY THEREOF � � 53903/7220 - Now 03-30-24-41-0002 � SECTION 3-30-24 - E1I2 OF NE1/4 of SE1/4 OF SECTION 3-3-24, ANOKA COUNTY, MP� EXCEPT THE E 330' OF THE 5 264' OF THE NE1/4 OF THE SE1/4 OF SECTION 3-30-24 SUBJ TO EASE OF RECOP,D (EXCEPT: THE W 328' OF THE S 805' OF THE E1/2 OF THE NE1/4 OF SEl/4 SECTION 3-30-24 ANOKA COUNTY M�� SUBJ TO EASE A6REEP1ENT 4-12-74) (EXCEPT: THE S 805' OF THE E1/2 OF THE NE1/4 OF SE ll4 OF SECTION 3-30-24 EXCEPT THE WEST 328' ACCORDING TO THE PLAT THEREOF O�y FILE AldD REC IN Tk{E OFFICE OF THE REGISTER OF DEEDS WITHIN ANQ FOR SAID COUNTY. SUB�. TO EASE AGREEMENTS 4-12-74) (EX THE S 805' OF THE E1/2 pF NE1/4 OF SE1/4 OF SEC7ION 3-30-24 EXCEPT THE W 328' ACCORDING TO TNE PLAT THEREOF ON FILE A��D REC IN THE OFFICE OF THE REGISTER OF DEEDS 41ITHIN AND FOR SD COUNTY SUBJ TO EASE AGREEh1ENTS 4-12-74) 53903i1400 - Now 03-30-24-13-OOT3 THE NLY 135 FT OF THAT PART OF SW1/4 OF NE1/4 LYG E OF BN RAILROAD R�1�1 EX RD SUBJ TO EASE OF REC 53903/1400 HARRIS PARCEL - Now 03-30-24-13-0012 THA7 PART OF SWl/4 OF NE1/4 LYG E OF BN RAILROAD R/W EX THE N 135 FT THEREO� EX RD SUBJ TO EASE OF REC Publish: yovember 11, 1981 � H 9 WILLIAM J. NEE MAYOR V1.�L,�''tL s .� `"ss: ir:a�•' 1 . ; !�+ �+! \�:.. : . `, \\ \ �l \ . ,r� 1 �.- k� � o \ li4r �� . ., �---� �, � t f 'N'+�� -w ., , � '� ...,.�.' ' �a. � `� � ��' * �,.I . � � + i sr�er � ��a; � I � "' �i,\� +rIWF—:�_— -�� , � � � __T_ .�� . ' �++� . MEAD � �'.� v;4 , t .;r � �'` �, , /ST , \�; . Z�•�. 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L:^"�_^^_ ��___-1 V 1 � _ _ _- _ ' ' L ' I W ,i : ,'i �i.---- "; g �. ��w__.. ' � . I ' ii ' ��, :L K f ;� � ,- � � '� � i� �� I i � i i i • � '•' � , ■ � � -�, p .� � � �,� � �� , " � •; J• � � , � ■ i� 6! ?' � V� IIDS[Nlt R 1 ti� � � � i � � � i � � ,�' 1 j. � � � 1 I ..��+liil�wl �1�J( �l. � . i) ' I � , �� --R� !! ! I / �. �•i` � ' _____ __ -'_..71 ` " '__' 1___ ��\ �� i '�� f II �/ I � "__ __' � _� _ ,�� .,.j� � � RUN :�� + , , . •�w `;: k ,ti ADD. �' \ ... ,,. . `�w -� ¢ - .'t , \�5 ��; ^ ,, , , zMV I .. \�,�._\4D0. � ------ ✓ � :-..�..,�,�, _..�.. '�rt�u[ 'M.! : ",' . , . ,: _ . , __e : . -� . ,� - � ,. . : . .� � , . I1 � Ji � y .. I� ;� ' ` �, I . � ; ' �� _ - -- • . . � �� . ' � i, , y.- �--� �srpt�`� j j� i *� K 3 ' t p�N �,it'p � ,� "�_ � p�� '"�' ' - a i i � 5E � � � � x I !_., �, - � • ,� r , i� � � � ,�� ' I � _,..�,.+.. t�� Y I � ,i =� � � .�al- — -.- .�- i f � •'� pV� f' i � PUBLIC HEARING BEFORE THE CITY COUNCIL TO 1�1NOM IT MAY CO��CERP�: Notice is hereby given that there will be a Public Hearin� before the City Council of the City of Fridley in the City Hall at 6431 University Avenue "�ortheast on Monday, November 23, 1981 in the Council Chamber at 7:30 p.m. for the purpose of: - Consideration of the approval of Tax Increment Plan for the idorth Area Redevelopment District, under Minnesota State Lat�, Minnesota Statutes,. 1979 Supplement, Chapter 273.71. The Tax Increment Plan for the North Area Redevelopment proposes the inclusion of the following describe� real estate: PHASE I _ , 53902/3000 - Now 02-30-24-22-0001 COM AT A PT ON W LINE OF SD NIJI/4 533.25 FT + or - S OF NW COR THEREO� (SD P7 BEING TNE IP�TER OF W LINE OF SD N�dl/4 8 THE WLY EXT OF THE S LINE OF THF PLAT OF COOPER-DAHLBERG=ADQITION} TH ELY & PRLL TO THE N LINE OF SQ-NW1/4 TO A PT BEING 600 FEET IJ Of W R/W LINE OF SD T H�47 TH SLY PRLL/Id SD l•�LY R/t�l OF SD T H�47 TO A PT BEING 450 FEET N OF 5 LINE OF SD NW1/4 0� NW1/4 TH ELY 8 PRLL TO N LINE Tf�EREO� 600 FT TO WLY RiW LINE OF SD T N#,'47 TH SLY ALG SD R/bl L1raE TD THE Sbl COR THEREOF TH WLY ALG S LINE OF SD NIJI/4 OF Nldl/4 70 THE SW COR TNEP,EOF TH NLY ALG W LINE OF SD 1!4 1/4 TO P 0 B EX RD Sll6J TO EASE OF REC PHASE II 53902/3200 - Noti� 02-30-24-22-0002 THAT PRRT OF THE N 32.12 ACRES OF Nt•17/n LYG l� OF THE tdLY R!!d LIr�E OF T H=�7 EX RD SUSJ TO EASE OF REC 53902/3300 - Now 02-30-24-22-0003 THE E 600.00 FT AS MEAS AT RIGHT A'VGLES 70 THE W RT-OF-I�lAY OF STATE TRK H!1Y NO 47 QF THE FOL DESC TRACT-ALL OF TNE N!41/4 OF NW1/4 OF SEC 2-30-24 APJOY.A CNTY, MtJ LYING 11LY OF STATE TRK H!,IY i�0 47 (EX THE S 1050.00 FT THEREOF) &(EX THAT PART LY1NG N OF THE S LINE OF THE N 32.12 ACRES OF SAID NI•!1/4 OF SAID SEC 2)(SUBJ TO EASE OF RECORD TO C1TY OF FRIDLEY FOR STREETS SIDEIdALKS & UTIt)(SUBJ TO STAT� liIGHIdAY NO 47 ACQU151TION)(SUBJ TO 50 FT WIDE EASE FOR SERVICE RDAD PURP b EASE OF RECORD) � � 4A 53902/3400 - Now 02-30-24-22-0004 THE E 600.00 FT OF THE N 6�0.00 FT OF THE S 1050.00 FT. OF ALL THAT PART OF THE NW1/4 OF NW1/4 OF SEC 2-30-24 A110KA C"1TY, MN LYING 4JLY OF ST�1TE TRK HIdY 47 (SUBJ i0 EASE OF RECOR7 TO C1TY OF FRIDLEY FOR STREETS SIDEWALKS & I;TIL){SUBJ TO STA7E HWY NO 47 ACQUISITIO'V)(Slif3J TO A 50 FT 1JIDE EASE FOR SERVICE ROAD PURP & EASE OF RECORD) � PHASE III 53902i3700 - Now 02-30-24-23-0003 THE S 452.64 FT OF ALL TH PT OF THE 54l114 OF P�W114 OF S�C 2-30-24 ANOY,A CP�TY, MIV LYING l�lLY OF S7 TRUNK M�IY No 47 _ 53902/4000 - Now 02-30-24-23-OOJ4 THE ELY 600 FT OF THE N 425.23 FT OF THE S 877.87 FT OF ALL THAT PART OF THE Sl•!1/4 of PJW1/4 OF SEC 2-30-24 ANOKA CNTY, �•1W LYING WLY OF S7ATE TRK H�IY NO 47 (SUBJ TO A'V EASE FOR UTIL PURP OUER iHE 4J 20 FT OF THE ELY 115 FT OF SAID 5W1j4 OF NW1/4 LYIP�G WLY OF & ADJACEP�T TO THE 6f LINE OF STATE TRK H;�)Y NO r�7)(SUBJ TO EASE b RESTRICTIONS OF RECORD & 20 FT STREET EASE NOV 11, 1976) CABA RERLTY RESIDUE R-02-30-24-23-0011 THAT PART OF SW1/4 OF Nt�l/4 DESC AS FOL COM AT A PT ON WLY R/IJ LINE OF T H T47 SD PT BEING 817.87 FT N OF S LINE OF SWlJ4 OF N1�J1/4 TH WLY ALG THE S IINE OF THF PLAT OF CABA REALTY FIRST ADD b00 FT TO THE P 0 B TH SLY PRLL W1TH THE WLY R/IJ OF T H #47 425.23 FT TH 41LY PRLL WITH THE 5 LINE OF SD 1/4 1/4 TQ W LINE THEREOF Tk{ NLY ALG W LINE OF SD 1/4 1/4 q25.23 FT TO S LINE OF SD PLAT OF CABA RElILT1' FIRST ADD TN'ELY ALG SD S LI�IE TO P 0 S EX RD SUBJ TO EASE 0� REC Caba Realty First Addition - Lot 1, Block 1, and Lots 1- 5, Block 2 PHASE IV " University Industrial Park - Lot l, Block 1; Lot 1, Block 2; Lots 1- 10, Block 3, and Lots 1- 8, Block 4 UNIVERSITY INDUSTRIAL PARK RESIDUE R-02-3J-24-32-0025 TfiAfi PART OF NW1/4 OF SW1/4 LYG NLY & WLY OF THE W b"� LINES OF BLOCK 4 OF PLATTED INDUSTRIAL PARK EX RD SUBJ TO EASE OF REC 53902I5700 SOUTH 28? FT. QF WEST 460 FT. OF NW1�4 OF S1�11/4 OF SECTIO!V 2-30-24. SUBJ TO PUB EASE AND RES�TRICTIONS OF RECORD. 4� 53903/7220 - Now 03-30-24-41-0002 SECTION 3-30-24 - E1/2 OF NE1/4 of SE1i4 OF SECTION 3-3-24, ANOKA COUNTY, M"� EXCEPT THE E 330' OF THE 5 264' OF THE NE1/4 OF THE SE1/4 OF SECTION 3-30-24 SUBJ i0 EASE OF RECOP,D (EXCEPT: THE W 328' OF THE S 805' OF THE E1/2 OF THE NE1/4 OF SE1/4 SECTION 3-30-24 ANOKA COUNTY MN SUBJ TO EASE AGREEMENT 4-12-74) (f XCEPT: TNE S 805` OF THE E1/2 OF THE NE1/4 OF SE 1/4 OF SECTION 3-30-24 EXCEPT THE WEST 328` ACCORDING TO THE PLAT THEREOF 0�� FILE A�JD REC IN THE OFFICE OF THE REGISTER OF DEEDS WITHIN AND FOR SAID COUNTY. SUB� TO EASE A6REEMENTS 4-12-7G) (EX THE S 805' OF THE E1/2 OF NE1/4 OF SE1/4 OF SECTION 3•30-24 EXCEPT THE W 328' ACCORDING TO THE PLAT THEREOF Otd FILE AND REC IN THE OFFICE OF THE REGISTER OF DEEDS 4JITHIN AND FOR SD COUNTY SUBJ TO EASE AGP,EEhtENTS 4-12-74) PHASE V 53903/1800 - Now 03-30-24-14-0001 THA7 PART OF N1/2 OF SE1/4 OF NE1/4 LYG 5 OF N 233 FT THEREOF AND THAT PAP,T OF S1/2 OF SE1/4 OF NE1/4 LYG W OF E 600.2 FT THEREOF EX RD SUBJ TO EASE OF REC 53903/1810 - Now 03-30-24-14-0002 THE E 600.2 FT OF THE S1/2 OF SElJ4 OF NE1/4 OF SEC 3-30-24 ANOKA CNTY, MN (SUBJ TO EASE � RESTRICTIO�IS OF RECORD IF ANY) 53903l1910 - Now 03=30-24-14-0003 THE N 233.00 FT AS MEAS AT RT ANGLES FROM THE N LINE OF 5�1/4 OF N�1i4 OF SEC 3-30-24 ACCORDiwG TO THE U S GOUS S�RVEY THEREOF 53903J1400 - Now 03-30-24-13-OOT3 THE NLY 135 FT OF THAT PART OF SWl/4 OF NE1/4 LYG E OF 8� RAILROAD R7t�, EX RD SUBJ TO EASE OF REC 53903/1400 HARRIS PARCEL - Now 03-30-24-13-0012 THAT PART OF SW1/4 OF NE1/4 LYG E OF BN RAILROAD R/W EX THE N 135 FT 7HEREOF EX RD SUBJ TO EASE OF REC !•JILLIAM J. �dEE . MAYOR Publish: November 11, 1981 � CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 4, 1981 F CALL TO.ORDER: Chairman Harris called the November 4, 1981, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Mr. Harris, Mr. Oquist, Ms. Gabel, Mr. Svanda, Mr. Kondrick, Ms, van Dan, Mr. Saba (arr. 7:45 p.m.) Members Absent: None Others Present: Jerrold 8oardman, City Planner Jack Maxwell, 3205 Silver Lake Road, St. Dave Harris, 470 Rice Creek Blvd. N.E. . Ralph Virgills, 8298 University Ave. N.E. Bruce Hay, 39 North Oa{ces Road, St. Paul, Anthony APPROVAL OF SEPTEMBER 16, 1981, PLANNING COMMISSION MINUTES: 5 (Raffaele's Supper Club) MN 55110 MOTION BY MS. GABEL, SECONDED BY MR. OQUIST� TO APPROVE THE SEPTEMBER 16, 198I, PLANNING COMMISSION.MINUTES AS WRITTEN. UPON A VOICE VOTE� ALL VOTING AYE� CHAZRMAN XARRIS DECLARED TNE MOTION CARRIED UNANIMOUSLY. 1. TABLED SEPTEMBER 16, 1981; PUBLIC HEARING: CONSIDERATION OF A PROPOSED PRELIMINA'RY PLA7, P.S. 81-03, OAK ESTAT'ES, BY RON CHRIS7IANSON: e'�'ing a rep at of Lots 5, 6, and 7, Lucia Lane Addition, generally located in the Northeast corner of Highway #65 N.E. and Mississippi Street N.E. Mr. Boardman stated Mr. Christianson has verbally requested that this item be withdrawn as he cannot put the package together with the landowner. 2. PUBLIC HEARING: SPECIAL USE PERMIT, SP #81-10, BY SUBURBAN HOMES, INC.: Per Fridley City Code, Section 205.102, 3, N, to continue a mobile home sales lot, under new operation, on the Westerly 600 feet of the Southerly 320 feet of the Norther7y 750 feet of the Northeast Quarter of the North- west Quarter of Section'12, the same being 7625 Viron Road N.E. MOTION BY JNR. OQUIST� SECONDED BY MS. VAN DAN� TO OPEN TFIE PUBLIC HEARING ON SP #81-IO BY SUBURBAN HOMES, INC. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRMAN HARRIS DECLARED TXE PUBLIC HEARING OPENED AT 7:35 F.M. 5 P, PLANNING COMMISSION MEETING, NOVEMBER 4�1981 PAGE 2 G Mr. Boardman stated this special use permit is being brought back to the Planning Commission because of the change of operation on the property. In the April 6, 1977, Planning Commission minutes, it stated that a special use permit was granted for a�period of three years. Mr. Boardman stated this period was up last year, but with the change in operation, he wanted to bring it back to the Planning Commission. He stated City Staff has looked at the site, and there are some problems that need correcting: clean-up at the back of the property, screening of an LP tank, screening of the refuse container, maintenance of the hard surface area, and maintaining parking 5 ft. off the structure. Mr. Boardman stated that, generally, the special use permit has been complied with, but there are some things that Staff found were not in compliance. One was that the parking lot was not striped, and according to the landscaping plan, there was a requirement for landscaping down the side at the time the permit was approved, and that has not been done. Mr. Boardman stated the new operator is in the audience if there are any questions. Mr. Bruce Hay, . 39 North Oakes Rd., St. Paul, stated he is one of the operators of the operation, Suburban Homes, Inc., which is now leasing the lot from Mr. Jack Maxwell, who is the owner of the property. He stated they are licensed under the State of Minnesota as a mobile home dealer and lease and operate a mobile home sales lpt on Mr. Maxwell's property. Mr. Harris asked Mr. Maxwell if he was aware of the stipulations placed on the special use permit back in 1977. Mr. Jack Maxwell, 3205 Silver Lake Road, stated he was not aware of the screening, but he was aware of the landscaping. He stated that prior to the time of the approval of the special use permit, a member of the City Staff came out and looked at the property and said the landscaping had not been done because it was — supposed to be greenery and c'rushed rock had been placed instead. There was a discussion at that point that the crushed rock was there primarily because they bring mobile hames through there, and greenery would nave to be continually replaced, while the crushed rock can be put back to good appearance with a mini- mum of expense. At that time, the city inspectors said that,the crushed rock was very attractive and was done in a high, pleasing manner, Mr. Maxwell stated they have attempted to keep it that way. He stated he could not speak for the trash in the back as he has not been back there. Mr. Hay stated that as leasees of the lot, they feel it is probably one of the most attractive 1ots, as it now stands, in the whole City of Minneapolis. It is well landscaped, has a nice sign, and they are very happy with it. Mr. Boardman stated he has no problem with the front landscaping, but in the landscaping plan submitted to the City, it showed screening down the side, which has not been done. (Mr. Saba arrived at 7:45 p.m.) � PLANNING COMMISSION MEETING, NOVEMBER 4, 1981 PAGE 3 Mr, Dave Harris, 470 Rice Creek Blvd, N.E,, stated he knows both Mr. Maxwell and Mr. Hague quite well. He stated Mr. Maxwell has always tried to maintain a nice attractive sa7es lot. As the adjoining property owner, he is convinced that Suburban Homes, Inc,, will continue to run a good sales lot. Mr. Boardman stated he is concerned about the stipulations he had mentioned earlier. He has had a complaint from Strite-Anderson about the garbage in the back of the lot. MOTION BY MR. S�IBA, SECONDED BY 1�t. KONDRICK, TO CLOSE THE PUBLIC HEARING ON SP #81-10 BY SUBURBAN h10MES, INC. UPON A VOICE VOTE, ALL VOTING AY£� CXAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 7:47 P.M. Mr. Dave Harris stated that, as he had mentioned earlier, as the adjoining property owner to the north, he has no problems with the mobile home sales lot as it is now, but he felt it might eliminate some problems later on when the property is developed to the north if some type of screening fence would be put in a7ong the north boundary of the lot. He stated that if this is a stipu- lation in the approval of the special use permit, he would be willing to share equally in the cost of that fence. Mr. Boardman �tated'that in a discussion with Strite-Anderson, they have expressed concern because some filling has been done in the back of Mr. Maxwell's lot. This filling has created some run-off problems. They indicated there is a drainage system along the northern part of Strite-Anderson, and there is supposed to be a catch basin, but that catch basin has been filled over causing some drainage problems in the back area. Mr. Boardman stated this drainage problem and a so]ution should be discussed and worked out with the City Engineer befoire the special use permit goes to City Council. MOTION BY MR. OQUIST� SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL ` APPROVAL OF SPECIAL USE PERMIT, SP #�81-10, BY SUBURBAN HOMES, INC.: PER FRIDLEY CITY CODE� SECTION 205.IO2, 3, N� TO CONTINUE A MOBILE HOME SALES IAT, UNDER NEW OPERATIO� N� ON TAE WESTERLY 600 FEET OF THE SOUTHERLY 320 FEET OF THE NORTNERLY 750 FEET OF THE N012THEAST QUART.ER OF TNE NORTHWEST QUARTER OF SECTION 12, THE 5AME BEING 7b25 VIRON ROAD N.E., WITH TAE FOLLOWING STIPULATIDNS: 1. THE REAR AREA OF THE LOT BE CLEANED UP. 2. SCREENING BE PROVIDED FOR THE REFUSE CONTAINER AND THE PROPANE TANK. 3. MAINTENANCE OF HAR� SURFACE AREAS. 4. THE DRAINAGE EASEM£NT BE RESOLVED WITH THE CITY ENGINEER PRIOR TD THE CITY COUNCrL;TiEETING ON THIS ITEM. 5. BOTH PROPERTY OWNERS SHARE EQUALLY IN THE ERECTIDN OF A FENCE AT THE TIME OF DEVELOPMENT OF THE PROPERTY TO THE NORTX. UPON A VDICE VOTE, ALL VOTIN6 AYE� CHAIRMAN HARRIS DECLARED THE MOTION CARI4IED UNANIMOUSLY. �� 5C PLANNING COMMISSION MEETING, N4VEMBER 4, ]981 PAGE 4 � Mr. Harris stated SP #81-]0 is recomnended to City Council for approval with stipulations. It w� ill go to City Council on Jan___�_�_. 11,, 1982. 3: PUBLIC HEARING: REZONING RE UEST, ZOA #81-05, BY QAVID HARRIS: Rezone from M-2 heavy in ustrial areas to R-3 genera mu� tip� e family units), Section 2, Parcel 3000, except the Easterly 600 feet, located in the Northeast quadrant of 83rd and Main Street N.E., to a17ow the construction of a 360 unit apartment complex. MOTION BY MS. GABEL� SECONDED BY MS. VAN DAN� TO OPEN THE PUBLIC HEARING ON ZOA #81-05 BY DAVID HARRIS. UPON A VOICE YOTE, ALL VOTING AYE� CHAIRMAN HARRIS DECLARED THE P�BLIC HEARING OPENED AT 8:03 P.M. Mr. Boardman stated the City is in the process of setting up another tax increment district which includes Mr. Dave Harris' property. This tax increment district will come before the Planning Commission at their next meeting. Mr. Boardman stated the tax increment district is being established according to State Law, Chapter 273, with justification based on soil conditions which is a blighted condition. He stated they have soil borings on the site and the soils are very bad. There is up to 25 ft. of peat in some areas, and there are also a lot of drainage problems. For this reason, the City Manager requested Staff to put together a tax increment district package for the Housing & Redevelopment Authority. The Housing & Redevelopment Authority is presently working on this district. The tax increment district will come to the Planning Cor�nission on Nov. 18, there will be a Housing & Redevelopment Authority public hearing on Nov. 19, and a public hearing before City Council on Nov. 23. Mr. Soardman stated that as a pa�rt of that tax increment district. Mr. Harris' proposal is also being submitted for rezoning for residential. He stated the City Council and the Planning_Commission have had discussians abaut where housing could be developed in the City. This area is located just east of Springbrook Nature Center and is one of the areas designated in the Comprehensive Plan as a potential housing area. At this time, Staff would support the development of this project with a few stipulations: (1� a_ 15 ft�.bikeway,easement along the west boundar�! of the property_for_the_access of_a_,bikeway._along_Main St., to the ______ _ __.__ . _ nature center area; �2) rezoning be based strictly on the building' permit appli- cation;Y�3)� 33�ft. street easement across the north portion of the property; and (4) recreation be provi.ded for the residents of the complex. Mr. Boardman stated this would be a 360-unit apartment complex and meets all code requirements. He stated Mr. Dave Harris will probably be applying for a street vacation of Main St, along Springbrook Nature Center. That street vacation is satisfactory to the City, and application will be a separate process. With the street vacation, there will be adequate land to handle the 360 units. SD PLANNING COMMISSION MEETING, NOVEMBER 4, 1981 PAGE 5 Ms. Gabel asked what market these rental units will address. Mr. Dave Harris stated they propose to provide market rate financing rental units. Wi.thin that framework, they are operating under Subchapter 8 which requires them to provide 20� for low and moderate income housing. He thought that was the justification to meet the requirements for the City as required by Metropolitan Council and the Minnesota Housing Board and the justification for a tax increment district. Because of this, he did not want the Planning Comnission members to feel that the quality of the structure would be reduced. These are going to-be very nice, attractive apartment units. Mr. Kondrick asked how many 3-bedroom units there would be. Mr. Dave Harris stated he would roughly estimate that 60% would be 2-bedroom, 30% would be 1-bedroom, and 10% would be 3-bedroom. Mr. Boardman stated the City is presently processing a housing mortgage plan through the Minnesota Housing Finance Agency. The federal government has cut off the single housing program, but they have left open the ability to sell housing mortgage bonds for multi-family housing, It is the same thing as industrial revenue bonds, only they are called housing mortgage bonds, They are tax exempt bonds and; therefore, the mortgage rates are lower income. He stated this plan goes to City Council on Dec. 7. He stated that as soon as the plan is completed, he will get copies to the Planning Commission members so they can discuss it in depth at their next:meeting. Mr. Saba asked if the units would be set up so the residents would pay their own utilities or would the owner pay the utilities and reflect it in the rent? Mr. Dave Harris stated he thought each unit will have its own service; that was the fairest and most equitable way. Ne stated they are required by law to build an energy efficient building. He stated he would guess these units will probably heat per square foot for less than almost any house in the city. Mr. Saba stated the Energy Commission would like to see these new commercial developments and apartment complexes serve as a model for energy efficiency, if at all possible. Ms. van Dan stated that from the Human Resources Commission standpoint, they are always interested in seeing more apartments for the handicapped. Would Mr. Harris consider including any apartments for the handicapped? Mr, Dave Harris stated they cannot and will not discriminate against anyone. They will provide the necessary facilities under the ordinance to facilitate the handicapped. He stated that, unfortunately, they are dealing with difficult soils which will require them to put a portion of the buildings out of the ground because of the high water table. It will require them to do some different things with the buildings. Depending upon the contours, it is possible that some of the first floor units could be designed for the handicapped, but probably not any on the second or third floors. � � � PLANNING COMMISSION MEETING, NOVEMBER 4, 1981 PAGE 6 F Mr. Kondrick asked when Mr. Harris would anticipate starting on the project if he receives approval from the Planning Commission and City Council. Mr. Dave Harris stated he would like to start next spring. He stated it does teke more to put the project together than just the rezoning and approval. It is a very difficult financing market. Unless they are able to get the tax increment district in there and some financial help, this project will not be built here or anywhere else in the metropolitan area. Mr. Ralph Virgills of Raffaele's Supper Club stated he is very much in favor of this project. The area does not look good the way it is now. Mr. Dick Harris stated that if they are going to be putting this area into a tax increment district, perhaps they should take a look at the zoning in the entire area. H e stated he has not seen the soil tests on Mr. Dave Harris' land, but from the soil tests he has seen, he felt it would be virtually impossible to develop that land as M-2 warehousing as they know it. Mr. Soardman stated he thought it was something the Planning Commission should take a look at. If industrial daes go in, they would probably have to look at a different type of industrial deve]opment. Ne was not even sure it was possible. He stated the City is looking at trying to so7ve the drainage problem in some of the areas where the worst soil is. They are looking at the possibility of using the worst soil areas for ponding and retention and directing most of the water into the'Springbrook Nature Center area and creating some type of dam structure in the Springbrook Nature Center area. Mr. Dick Harris stated he thought they should get an engineering study of the whole area on both the surface drainage and the groundwater situation. The ground water situation may even be more critical than the surface drainage. If stated that if they are going to set this up as a tax increment district, they have to look at the whole area and solve the problem as an area, rather than on a piecemeal on-site basis. Mr. Boardman stated that is one of the purposes for setting up the area as a tax increment district. � MOTION BY MR, OQUIST, SECONDED BY J►Il'Z. SABA, TO CLOSE THE PUBLIC HEARING ZOA #81-OS BY DAVID HARRIS. UPON A VOICE VOTE� ALL VDI'ING AYE� CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 8:45 P.M. . Mr. Oquist stated a well conceived Center. he felt Mr. Harris' plan is a good plan for this area and is plan. It will also put people close to the Springbrook Nature 5F PLANNING COMMISSION MEETING, NOVEMSER 4, 1981 PAGE 7 F MOTION BY MR. OQUIST, SECONDED BY MS. VAN DAN, TO RECOMMEND TO CITY COUNCIL APPROVAL OF REZONING REQUEST, ZOA #81-OS� BY DAVID HARRIS TO REZONE FROM M-2 XEAVY INDUSTRIAL AREAS TO R-3 (GENERAL MULTIPLE FAMILY UNITS SECTION 2 PARCEL 3000 EXCEPT THE EA�TERLY 600 FEET, LOCATED IN THE NORTHEAST QUANDRANT OF 83RD AND MAIN STREET N.E., TO ALLOW THE CONSTRUCTION OF A 360 UNIT APARTMENT COMPLEX� WITH THE FOLLOWING STIPULATIONS: I. PROVIDE A 33 FT. STREET EASEMENT ON THE NORTH PROPERTY LINE, 2. THE REZONING BE CONTING.ENT UPON ISSUANCE OF BUILDING PERMITS� 3. ON-SITE RECREATION BE PROVIDED FOR THE TENANTS. UPON A VOICE VOTE, ALL VOTZNG AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Dick Harris stated ZOA #81-05 was recommended to City Council for approval with stipulations. The public hearing before City Council would be on Nov. 23. 4. CONTINUED: REVIEW OF CHAPTERS 301, 302, AND 303 BY RE UEST OF THE CITY COUNCIL: Mr. Boardman suggested this item be tabled until he can have Mr. Steve Olson make recommendations on any changes. MOTION BY 1NR. SVANDA, SECONDED BY MR. SABA, Tp TABLE REVIEW OF CHAPTERS 301� 302� AND 303 OF THE FRIDLEY CITY CODE. UPON A VOICE VOTE,ALL VOTING AYE, CHAIRMAN HARRIS DECLARED TAE MOTION CARRIED UNANIMDUSLY. 5. RECEIVE SEPTEMBER 8, 1981, COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTIDN BY MR. OQUIST, SECONDED BY MS. VAN DAN� TD RECEIVE THE SEPT. B, 1981, COMMUNITY DEVELOPMENT COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING•AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. : 6. RECEIVE SEPTEMBER 10, 1981, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION BY MS. VAN DAN, SECONDED BY MS. GABEL, TO RECEIVE THE SEPT. 10, 1981� HDUSING & REDEVELOPMENT AUTXORITY 1NINUTES. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. . 7. RECEIVE SEPTEMBER 21, 1981, PARKS_& RECREATION COMMISSION MINUtES: MOTION BY MR. KONDRICK, SECONDED BY MS. GABEL� TO RECEIVE THE SEPT. 21� 1981, PARKS & RECREATION COMINISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRINAN HARRIS DECLARED THE MOTION CARRIEA UNANIMOUSLY. _� 5G PLANNING COMMISSION MEETING, NOVEMBER 4, 1981 PAGE 8 8. RECEIVE SEPTEMBER 22, 1981, APPEALS COMMISSION MINUTES: F �OTIDN BY MS. GABEL, SECONDED BY MR. OQUIST, TO RECEIVE TXE SEPTEMBER 22, 1981, APPEALS COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. RECEIVE SEPTEMBER 22, 1981, ENERGY CON�IISSION MINUTES: MOTION BY !►Q2. SABA, SECONDED BY MR. KONDRICK, TO RECEIVE THE SEPTEMBER 22, 1981, ENERGY COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANiMOUSLY. 10. RECEIVE OCTOBER 1, 1981, HUMAN RES4URCES COMMISSION MINUTES: MOTION BY MS. VAN DAN� 5ECONDED BY MR. SABA, TD RECEIVE THE OCTOBER 1� Z981� HUMAN RESOURCES COMMISSION 1NINUTES. Ms. van Dan stated the Planning Comnission members had a copy of the work plan for the Human Resources Commission. One area the work p]an addresses that also seems to be a problem for some of the other commissions is"corrmunications". Mr. Boardman stated. that because "communications" is a goal for just about every one of the member commissions, the Planning Commission may want to look at it on the Planning Commission level, rather than at each individua7 commission. If they decide each individual co�nissian should look at it, then all of the corrmissions should at least look at something similar. He stated Ms. Cayan had put together a 3-pronged approach to a"Communications Plan". which may be a workable plan for each of the commissions. Mr. Boardman stated that the member commissions have decided that one of the � ways of working with the City•Council in specific areas with specific activities within the City is to put together a work p1an. At the end af each year, that work plan will be formalized by the commissions and submitted to the City Council to inform the City Council what each commission's work plan is for the next year. At that time, the City Council can express concerns or give direction. Mr. Boardman stated he feels the preparation of the work plan does two things: (1) It acquaints the City Council with what the commissions are working on or what direction the commissions are planning on going; and (2) it allows the City Council to respond back to the commissions on those directions. Mr. Boardman stated it also helps Staff in the direction of the comnissions, because they now know what the commissions wish to do and can channel staff time toward that direction. �H PLANNING COMMISSION MEETING, NOVEMBER 4, 1981 PAGE 9 F Mr. Boardman stated he would like the Planning Corr�nission to look at this Communications Plan so they can decide whether they want to activate it at the Planning Commission level or at the level of the member commissions. UPON A VDICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTIDN CARRIED UNANIMOUSLY. 11. RECEIVE OCTOBER 13, 1981, COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTION BY MR. OQUIST, SECONDED BY MR. KONDRICK, TO RECEIVE TXE OCT. 13� 1981, CQMMUNITY DEVELOPl�lENT COMMISSIDN lNINUTES. UPON A VOICE VOTEr ALL VOTING AYE� CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. RECEIVE OCTOBER 13, 1981, APPEALS COMMISSION MINUTES: M02'IDN BY MS. GABEL, SECONDED BY MR. SABA, TO RECEIVE THE OCTOBER 13� 1981, APPEALS COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE lNOTION CARRIED UNANIMOUSLY. 13. RECEIVE OCTOBER 19, 1981, PARKS & RECREATION COMMISSION MINUTES: MOTION BY MR. KONDRICK� SECDNDED BY IyJS. VAN DAN� TO RECEIVE THE OCT. 19, Z981, PARKS & RECRSATIDN CO_MMZSSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN AARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. 14, RECEIVE OCTOBER 20, 1981, ENVIRONMENTAL QUALITY COMMISSION MINUTES: MOTION BY MR. SVANDA, SECONDED BY MR. SABA, TD RECEIVE THE OCTOBER 20, 2981� '� ENVIRONMENTAL QUALITY COMMISSION 1NINUTES. Mr. Svanda stated the main discussion at the meeting was centered around trying to get some kind of recycling effort started in the City of Fridley, going beyond what SORT already has. They formulated a project committee and at the project committee meeting on Oct. 19, they discussed trying to get the garbage haulers who service the City of Fridley to a meeting to discuss with the haulers their views on-source separation at the curb, in an effort to branch out from the experimental curb-side pickup that SORT is having in four neighborhoods. Mr. Svanda stated they also discussed recycling oil. Apparently, the City is considering digging up one of the empty fuel tanks from the old Standard Station and burying it.by the SORT facility for people to dump their used oil. �I PLANNING COMMISSION MEETING, NOVEMBER 4, 1981 PAGE 10 E Mr. Harris stated the old Phillips 66 Station has an oil sump for used oil. It i§ possib7e that the City could get that tank from Phillips 56, Mr. Svanda stated that recycling is going to be the Environmental Quality Commission's major project and their major goal. UPON A VOICE VOTE, ALL VOTING AYE� CXAIRMAN XARRIS DECLARED TXE M02'ION CARRIED UNANIMDUSLY. 15. RECEIVE NOVEMBER 1981 DRAFT OF COMPREHENSIVE DEUELOPMENT PLAN: MOTIDN BY MS. VAN DAN, SECONDED BY MR. OQUIST� TD RECEIVE THE NOVEINBER 1981 DRAFT OF TXE COMPREHENSIVE DEVELOPINENT PLAN. Mr. Boardman stated this is the document that goes to City Council on Nov. 9 for approval and then to Metropolitan Council by Nov. 13. UPON A VOICE VOTE� ALL VOTING AYE, CHAZRMAN HARRIS DECLARED THE MOTIpN CARRIED UIVANIMOUSLY. ADJOURNMENT: MOTION BY I�JR. KONDRICK, SECONDED BY MR. SABA, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAZRMAN HARRIS DECLARED THE NOVEMBER 4� 1981, PLANNING COMMISSION,MEETING ADJOURNED AT 10:30 P.M. RESPECTFULLY SUBMITTED: ,� ; . yn Sa a � Recording Secretary � TME CiTY OF FRt[�L Y DATE FROM SUBJECT DiRECTOAATE OF PU�LIC WORKS November 18, 1 Rezoning Request ZOA 381-05 TO 5J' MEMORANDUM ACTIONI INFO• The Planning Corr�nissian received a proposal from David Harris to rezone from M-2 to R-3, Section 2, Parcel 3000, except the easterly 600 feet located in the northeast quadrant of 83rd and Main Street. The staff has reviewed this request and has identified a requirement for a bikeway/ walkway easement continuing up Main Street to 85th Avenue, in accordance with our overall bikeway pian. At the Planning Commission meeting they identified three stipulations pertaining to the rezoning of the property. One provided for a 33 foot street easement on the north boundary of the property (it was suggested that the northerly roadway easement would be obtained tatally�froro the property to the east). Second, the rezoning be continqent upon a building permit. Third, that on-site recreation be provided for the development. There was no stipulation pertaining to the bikeway along the westerly boundaries of the property. Since our bikeway plan calls for access on Main Street extension to 85th; we should obtain an easement at this time. Recommend the City Council,add an additional stipulation to rezoning request ZOA #81-05 for a 15 foot bikeway easement along the western boundary of the property. 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''� w �1LL6LLI,I.W„lJl� ` � - = r 1 i�i°�°l � � � � .`, o s � � , � � ��` 1',: �� _ 8 1 I �-_-� _.,. � _ ! ;: _ �" i r ' .�. �., 4 .,,,� ' ' "� i1� .�1- � �". .� ..� .• � '^'Fe�,`�:{:.'�� , � 1 IS�• .�?�.., :`�,IlO UNIT. APARTMENT� •- � + - 1 R - . � ' ` . AS� ROd1 [�!Y .. i - 1 �." . ` � � � I ��1 I ', � , . _ .i.� �. ; � �' , �� .L.� - — -_-�� --- .,� �.r= ---�J� + .� Y j �o , T� � ,. ,i - ;� ; - . `• v „' A -i o� ,�•"L ..,j• ; ` 1 L s (S iARACEf M� . � j�� 1!i 6�R/.GC! 1� , r' / Ctty of Fridley CHARTER COMMISSION MEETNtG - TIIESDAY, OCTOBER �6, �'1981 ��PAGE 1 CALL TO OROER: ' . Secretary Jackson called the Charter Comroission �eeting of October 6, 1981 to order at 7 :30 p .m . _ ROIL CALL: Mem6ers Present: Susan Jackson, Francis van Dan, Robert Scf�midt, David Pinks, Pat Kindom, Bruce Nelson, Larry Commers, Peter Treuenfels, Bob Pierce Members A6sent: Cltfford As6, Jean Schell, Walt Starwalt, Ire�e Maertens, David Scf�aaf, Ra6ert Peterson APPROVE CHARTER COMMISSION MINUTES OF SEPTEMBER 1, 1981: MOTION by Mr. Treuenfels, seconded by Mr, Nelson, to epprove mi�s of Septem6er 1, 1981, as written. UPON A YOICE vOTE, SECRETARY JACKSON DECLARED THE M4TION CARRIED UNANIMOUSLY. 1. SUB_COMMITTEE REPORTS: A. Sections 2.�5, 6.01, 8.04 and 8.05: the Charter Commissian ALL VOTING AYE, � Secretary Jacksan read the propased cFianges far Section 2.05, Yacancies in the City Council . S6e said foY�merly the Cf�arter had yacancies fill ed by appointment and this was changed to e�lectian. She stated this brougf�t up tF�e issue of timing in the Charter Commission and there are consequences and complications if the 60-days fa11s on November lst and there is a general election the following week. She said the pro- posed wording has come_from previous minutes of Commission meetings. The sub-commi- ttee thought t6ey would"a11ow vacancies open for at least 5 months until the general election, Tf�e next issue dealt witf� was dual vacancies and the third issue was primary elections. Mr. Treuenfels asked wf►y not appoint to the shortest remaining term inst�ad of tfle longest one. Secretary Jackson said it would nat be more tF�an 6 �oontbs because tfie atfier seat'would 6e filled in 6 months. Mr. Pierce said it wouldn't put the 6ur�en of running for the election and immediately running again and that it was tf�e best t6ing to do for the people involved. Secretary Jackson said there have been single vacancies but not multiple vacar�cies. Mr. Nelson thought the appointment should 6e to tf�e sF�ortest term and the election to the longest term, to maintain the electorate connection. Secretary Jackson said they wanted to make sure to take care of the crucial business in the city. MOTION 6y Mr. Treuenfels, seconded by Mr. Nelson, to cf�ange No. 1 in proposed Section �,03; to read, "1. If tt�e terms vacant are for different lengths, the appointment wi11 6e to the seat �ith the shortest remaining term." UPON A V4ICE 110TE, ALL VOTING AYE, SECRETARY JACKS4N DECLARED THE MOTIOIV CARRIED UtVANIMOUSLY. Secretary Jackson discussed where the issue of the primary should be placed in Section 2.05 and about running two elections and the feasibility of 45-60 days. Mr. Pierce said this is a special case and unlikely to happen but would feel more comfortable if tf�e candidate is el�cted by the majority. Secretary Jackson noted that school 6oard elections do not hav e a primary. Mr.N.elson Suggested changing and adding the words "roust.;appoint;" and Mr. Pierce said t�iere would a real problem with enforcing. 6� Charter Commission Meeting - Octo6er 6,1981� � �� Page 2 Secretary Jackson if the Council could not agree, they could call a special� election. - MOTION 6y Mr. Nelson, seconded by �r, van Dan, to change the sentence regarding ounc reductton to less tf�an 4 menbers, in proposed Section 2.05, to read� . "If, at any ttme, t6e membership of t�e Council is reduced to less than 4 m�n6ers, t6e reuaining meo6ers must, by unanimous action, appoint members to raise the mem6ersflip-to 4." Discussion: Secretary suggested adding a time frame like within days, week, or months. r. ierce spoke against the change and did not think it enforceable or good language. Mr. Treuenfels also spoke against tf�e ci�ange. UPON A YOICE YOTE, WITH ONE VOTING AYE, SECRETARY JACKSON DECLARED THE MOTION NOT PASSED. _ MOTION 6y Mr. Treuenfels, seconded 6y Mr, Scf�midt, tf�at the Charter Commission recommends e o lowing changes to the City Counctl; CE�apter 2 of tE►e Ctty Charter, Section 2.05, VACANCIES IN THE COUNCIL, secand sentence, shall 6e cF►anged to read, ". In such case, the Council shall 6y resolution declare such vacancy ta exist and shall fortf� with call a special election to be held not less than 45 days nor more than 60 days froro t6e time suci� qacancy is declared, In the case of a special election to fill the vacancy, tfiere shall 6e no primary election. The candidate receiving tfie largest number of v otes shall 6e 8eclared the winner The winner of said elections shall 6e qualified and take office immediately upon certification 6y the board of canvass and shall fill tFie unexpired term. If at any time t�e membership of tf�e Council is reduced to less than four (4) mem6ers, the remaining members may, by unanimous action, appoint additional members to raise the membersfiip to four (4j. Tfie order of filling vacancies by appointment shall be as follows: 1. 2. If the terms vacant 6e to tf�e seat with If the terms vacant choase 6y 1 ot wt�i cF► are for different lengths, the appointment rvill the sF►ortest remairiing term, are of the same lengtfi, tF�e council shall vaca rKy to fi 11 by a ppoi ntment ." and that t[�e Charter Commission�_shall refer this proposed cf�ange to the Commission's attorney and, if i�e Fias objections, this change shall be returned to tf�e Commission for further discussion. If tbe Commission attorney has no objections, the proposed change shall 6e sent to the City Council . UPON A 110ICE VOTE, ALt 110TING AYE, SECRETARY JACKSON DECLARED THE MOTION CARRIED UNANII�OUSLY. 3. OTHER BUSINESS: Mr. van Dan passed out a draft of an affirmative action stat�nent to the Commission members. He said he would like to see such a stat gnent included in the Charter and that what the City has a� affirmative action statement is really an equal employment opportunity stat�nent. He �tou18 l�ke to see this as a pream6le to the Charter. Mr. Pierce asked if tE�ere anytfiing like tbis in other Cfiarters. l�r, van Dan did not tf�ink so and tFiat tfiis would 6e a pioneer effort. Mr. Pierce said he objects to having it in tt�e Cfiarte�r for tf�e same reasons fie has state8 6efore; that the State, County and Federal government f►as laws that supercede tfiis. Mr. Treuenfels said he was �r � Charter Commission Meeting - October 6 19�61 � ' ' �� Pa e 3 strongly in favor of dn affir1oatiye action statement in the Charter and that such should 6e on the 600ks that they approv e of the stat enents a nd tf�at they work to overcome sncfi discrimination as eaists in the city, i�r, van Dan agreed with Mr. Treuenfels and the current President has stated 'let's get tf�e Federal government off.our backs" and they are advocates of the home rule cf�arter and local gov ern- ment. Mr. Pterce said if ti�ese laws on the State an8 Federal level are declared nnconstitutional then he woald be Nilling to action on the City level if he thought this would 6elp. Ne did not think it would accomplish anything other than provide something in a gover�nnent document that would open up everyone in the City to prosecution and tfiat it goes 6eyond t[�e 6ounds of w�at the City Charter has to accomplish: Mr. Nelson asked f�ow this would 6e to the other commission sUCh as civil service and if they aould 6e complicating things in otf�er aspect in goverrment. Mr, van Dan it is a seeking ont of people who live in the city and just tells why they deem this worthy to declare. Secretary Jackson had mixed feelings and the same concerns that Mr. Pierce has. Mr, van Dan felt that people sf�ould be accomodated (i.e, im- paired persons� and encouraged to participate. Secretary Jacksan asked how do they assure they 6av e encouraged t6ese people and 19r. Treuenfels suggested the Fridley newspaper. 19r, Nelson asked if a draft of this statement could be sent to the Canmission attorney wit6 a copy of some of tbeir concerns and ask F�im how realistic these concerns are and ask a6out posstble legal actions against tf�e City. Mr, Commers felt t(�ey would 6e creating a legal lia6iltty on the City 6ut he was �ot sure if that would 6e wrong; that someone could sue the City for not doing that. Secretary Jackson said sf�e �rould like to see it sent to the City Council requesting a primary written reaction to tbis statement and Mr. Nelson also suggested the City Manager. Mr, van• Dan asked if people are not encouraged (i.e. Hmong, Vietnamese, Cubans, etc.� how are they going to participate (i.e, like going to a precinct caucus). Mr. Pierce felt the media is powerful and if tf�ey cannot accompl ish ti�is, how could the City Council . • MOTION by Mr. Treuenfels, seco.nded 6y Mr, van Dan, to send ti�e draft of the proposed a�r.vative action statement to t6e Charter Commission attorney for comment on the legality and potential legal lia6ility, if any, and to propose any changes; and to send it to tbe City Nlanager, tbe Mayor, the City Council and the Human Resources Commission, an3 t�iat tbe CF�arter Commission would like a written response by the next meeting in November. UPON A 110ICE VOl'E, 1�R. PIERCE yOTING N0, SECRETARY JACKSON DECLARED THE MOTION CARRIED. Secretary Jacksan reparted tbat-t6ere was not a r eport available on Section 6.01. Secretary Jackson reported that Sections 8.04 and 8,05 were approved at the last Cf�arter meeting and ta6led tF►em for tf�e Chair's comments. 2. COMMUNICATIONS: A. Receive I�emo from Nasim M. Qureshi, City Manager, dated September 18, 1981: Secretary Jackson discussed redistricting before tf�e State f�as completed their re- districting and asked if this �tas to try to keep aards and precincts in the same legisTative and senate districts. Mr. Pierce stated tfiey could still ask the City to redistrict and asked wby they should wait for tf�e State and if the State goes by precinct and ward 6oundaries, tF�ey si�ould get t6eirs done first. Mr, Nelson said it is possible for a qoter to become part of a number of districts and it might be complicated from�a voting standpoint and �1r. Comners said that situation exists now. , � Charter CoTmnission ?�eetin - October �, 1981�� . � . �. Page 4 6 � Mr. Comroers stated they sfwnla 6e able to set 6oundaries in tf►e City and �ot worry about somebody else's 6oun8artes. 'Mr. Nelson thougf�t tfiere may be some administrative pro6lens. Secretary Jackson stated that the Anoka County Commissioners have do�e their 6oundaries alr�ady and 19r. Pierce wondered Nfiy they f�ave dane theirs already � and Mr. Comroers f elt tt should 6e done from tfie 'bottom' up. Secretary Jackson re- ferred to t�ie letter from 19r. Herrick to ?7r. Irrnan, dated April 8, 1983 ,". .This 1 1982." Mr, Pierce s e c t i o n p rohibits rezonin g of precinct boundaries until 3anvary , aske8 lfot�feltUthe Colo�nissioneshouldrloak at1Sectione204An06�before t hey 9do anything. Mr.Nesn Secretary Jackson announced that tBe next Charter Commission will be on Tuesday, � November 1Q, 1981 because of tF�e election on November 3, 1981. ADJOURM�9ENT- MOTION by Mr. Treuenfels, secKSdN DECLARED THE CHARTERaCOM1�lISSIONOMEE INGCOF OCTOBER 3, ALT-96'fING AYE, SECRETARY JAC 0 1981 ADJOURNED AT 9:15 P.M. 0 Respectfully submttted, Deb NiZnik, Recording Secretary m �. _ 0 6� DRAFT OF PROPOSED AFFIRMATIVE ACTION STATEMENT IN CITY CHARTER The kayor and the City Council, in the name of the people of the City which they govern, and the Administration, their agents, at every level, shall, by positive steps�� affirmative action, seek out and encourage groups and individuals, in the normal course of governance, to attend and participate in the process of democratic self-government spelled out in the United States`, the State of Minnesota Constitutions, and this Charter. The groups and individuals, or categories of constituents so to be contacted and encouraged to participate in the attendance of the meetings of the Council, the several Citizens' �dvisory Co�m- issions',�and to organize at their pleasure similar ones in their respective wards and precincts,�are groups normally underrepresent- ed in relation to their true numbers in society,or in the municip- ality to assure the fullness of citizenship, the fullness of part- icipation of governing thems�lves in the democratic representative form of government. To ensure the-openness in the process of governance such seeking-out ana encouraging efforts shall be directed especially tosuch under- represente� constituencies, as the young people, the elderly (sen- iors), the infirm and impairea (motion-impaired, hearing-impaired, visually-impaireti; slow-(mentally)-acting; or othezwise impaired) citizens or residents; women: and groups considered, or considering tihemselves, minority grougs,(such as race, skin color, ethnic or rel- igious ) or by reason of �exual greference and/or practice. t �t � TME GITY OF FRfaL Y DATE FROM �D.P, SUB.lECT � DIRECTORATE OF PUBLIC WORKS Rezoning Request ZOA #80-02 0 �� , . . E—! � . • • �`•l� . . , - �:�: TO 7 MEMC7RANDUM I At the November 9th City Council meeting, Mr�. Ted Burandt repuested action on his zoning cfiange, ZOA #80-02, to rezone the property at 921 Hillwind Road from R-3 to CR-1. At the Council meeting, it was suggested that Ms. Cheryl Nybo, Mr, Burandt and Mr. Boardman be pre- sent at the November 23rd meeting in order to obtain agreement on the actions involved with the proposal of Ms. Nybo to develop a com- mercial building on the property owned by he�r and Mr. Burandt. As directed by t�e City Council at the OctobE�r 26th meeting, we have received an agreement from Cheryl Nybo pertati;ning to the proposed develapment. Mr. Burandt has 6een provided a� copy, but he has not signed or returned it to the City. ACTIONI INFO• In order to continue with the 2nd reading of the Ordinance for ZOA #80-02, it is recommended that the City Council, HRA, Cheryl Nybo and Ted Burandt obtain an agreement of what is to be accomplished on the two par- cels of property involved.. _ , JGF:ijk � .:� � .: , . . 7 A � AGREEMENT BETWEEP� THE CITY OF FRIDLEY AND � THE PARTNERSHIP OF NYBO, FEHLING ANJ FEHLING � THIS AGREEMENT, made and entered into this� �• day of ,1981, by and between the City of Fridley, Anoka County, Minnesota, a Municipal Corporation organized under the laws of the State of Minnesota (hereinafter referred to as the City) and Nyba, Fehling and Fehling, partnership, a Minnesota Partnership, duly constituted under the laws of the State of Minnesota (hereinafter referred to as the developer). WH£REAS; The City has been approached by the developer to approve the sale of Industrial Revenue Bond for the construction of a 29,000 sq. ft. office building located on Lot 1, Block 1, Hillwind Addition, and Parcel 1100, Auditor's Subdivision tJo 25, and WHEREAS; one of the lots (Parcel 1100, Auditor's Subdivision No. 25) is not properly zoned for the construction of an office building, and WHEREAS; fihe City has been petitioned by Theodore Burandt, Contract Purchaser of Parcel 1100, Auditor's Subdivision No. 25, to rezone the above property fror� R-3 (general multiple family dvrellings� zoning to CR=1 (general office and limited business) zoning to allow the construction of the project proposed by the developer, and, WHEREAS; there is presently exist-ing one structure on each of the two (2) above mentioned lots. N01J THEREFORE, for and in consideration of the mutual covenants herein contained,-and after good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged by each of the parties hereto. The City and the developer hereby agree as follaws: �• As oart of the developr�ent, the structures on the two lOts will be removed and a - 29,000 sq. ft. office building as approved by the Ci�y Council will be construct- ed. : � � 2. The City will guarantee the rezoning of Parcel 9100, Auditar's Subdivision No. 25; to allow the construction of this office building. The actual �Agreement Between the City of Fridley and Nybo, Fehling & Fehling Page 2 _ publication for rezoning will take place after financing for the project has been approved and development documents have been signed by the Developer and the Fridley Housing and Redevelopment Authority. In witness whereof, the parties hereto have caused this instrument to be duly executed as of this day and year first above written. � � CITY OF FRIDLEY �asim M. Qureshi, City Manager NYBO, FEHLING A�1D FEHLING � 7C AGREEMENT BETWEEN THE CITY OF FRIDLEY A��D THEODORE BURANDT TNIS AGREEMENT, made and entered into this � day of � , 1981, by and Detween the City of Fridley, Anoka County, Minnesota, a Municipal Corporation organized under the laws of the State of �innesota (hereinafter referred to as the City) and Theodore Burandt, Contract for Deed Purchaser of Parcel 1100, Auditor's Subdivision No. 25 (hereinafter referred to as the owner). WHEREAS; the City has been approached by Ny6o, Fehling and Fehling, partnership, to approve the sale of Industrial Revenue Bond for the construction of a 29,000 sq. ft. office building located on Lot 1, Block 1, Hillwind Addition, and Parcel 1100, Auditar's Subdivision ��0 25, and - WHEREAS; one of the lots (Parcel 1100, Auditor's Subdivision t,o. 25) is not properly zoned for the construction of an office building and is the iot which is concerned in this agreement, and � WHEREAS; the City has been petitioned 6y the o►aner to rezone said property from R-3 (general multipl� family dwellings) zoning to CR-1 (general office and limited business) zoning to'allow the construction of the project proposed by Nybo, Fehling and Fehling, and, WHEREAS; there is presently existing one structure on the above mentioned lot. NOW THEREFORE, for and in consideration of the mutual covenants herein contained, and after good and valuable consid'eration, the receipt and sufficiency whereof are hereby acknowledged by each of:the parties hereto. The City and the owner hereby agree as follows: 1. The owner understands that the rezoning of the above said property is conditioned on the removal of the structure on said lot and construction of the 29,000 sq. ft. office building as presented by Nybo, Fehling and Fehling, and approved by the City Council; and 2. The City will guarantee the rezoning of Parcel 1100, Auditor's Subdivision No. 25 to allow the construction of this office building. The actual publica.tion of rezoning will take place after financing for the project has been approved and development documents have been signed by the Developer and the Fridley Housing and Oevelopment Authority. t 14greement Between the City of Fridley and Theodore Burandt Page 2 � In withness whereof, the parties hereto have caused this instrument to be duly executed as of this day and year first a6ove written. CITY OF FRIALEY Nasim M. Qureshi, City Manager THEODORE BURANQT I. A. T. Gearman, am Fee Owner of aforementioned property, purchased by Theodore Burandt, and am aware of this agreement of rezoning. � ��J .► � •: .; F � a :_, j . ;� � 0 � w �+ aw�r �C �� _ � ,d � :r � ' , - ( . � I �, � . . . - •�i / �+�. � * � �: j . �� ( � . t .,r _ i... , ..A�ii •.... . . .. .....:.� � l�y .M�/f/IRy �iK. 56q5 . � -- / ~ �� _.. . . _ jx ,i. • � � � . ,� �� . � f� .• .i 1 Al �� C��-�us� cs � , _ : i �-,,.-�`; � •: ' / - , / , �' —. �' . . 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' �-_ - � �� $ 0 �Membes introduced the following resolu- tion and moved its adoption: RESOLIITION NO. - 1981 - RESOLDTION GNING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICYPAL INDIJSTFtIAL DEVEL- OPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECIIRITZLS FOR APPR0�7AL, AND AUTAORIZING PREPARATION OF NECESSARY DOCDMENTS (RICE CREEK PROPERTIESj BE IT RESOLVED by tbe City Council of the City of Fridley, Anoka County, Minnesota (the 'City") , as follows: � l. It is hereby found, determined and declared as follows: 1.1. The welfare of the State of Minnesota (the "State") requires active promotion, attraction, encour- agement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted Iands and areas of chronic unemployment, and it is the policy of the State to facilitate and encourage action by Iocal gov- ernment units to prevent the economic deterioration of such areas to the point where the process can be re- versed only by total redevelopment through the use of Iocal,. state -and federal funds derived from taxation, with the attendant necessity of relocating displaced persons and of duplicating public services in other areas. � - 1.2. Technological change has caused a shift to a significant degree in the area of opportunity for edu- cated youth to processing, transporting, marketing, service and other industries, and unless existing and related industries are retained and new industries are developed to use the available resources of the City, a Iarge part of the existing inves�ment of the community and of the State as a whole in educa�ional and public service faci.lities will be lost, and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and com- pensated and the lessening attraction of persons and businesses from other areas tor purposes of industry, commerce and tourism will deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facilities for the remaining population. 1.3. The increase in the amount and cost of govern- mental services requires the need for more .in�ensive . � development and use of land to proviae an adequate tax base to finance these costs. 1. 4. Ri ce Creek Company , a Minnesota partnership (the "Company"), has advised this City Coun- cil that it desires to acquire land, acquire and con- struct a building thereon and acquire and install equip- ment therefor (the "Project") as a commercial office building facility. 1.5. The existence of the Project in the City will contribute to more intensive development and use of land to increase the tax base of the City and overlapping taxing authorities and maintain and provide�for an in- crease in o�portunities for employment for residents of the City. 1.6. The City has been advised that conventional, commercial financing to pay the capital cost of the Project is available at such costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid of raunici- pal financing and its resulting low borrowing cost the Project is economically more feasible. 1.7.. This City Council has been advised by a repre- sentative of jnstitutional banker � of Minne- apolis, Minnesota, - • bankers and dealers in municipal bonas, that on the basis of information sub- mitted to them and their discussions with representa- tives of the Company and potential buyers of tax-exempt bonds, inaustrial development revenue bonds, notes or other obiigations of the City could be issued and sold upon favorable rates and terms to finance the Project. 1.8.. The City is, autborized by Minnesota Statutes, Chapter 474, to issue� its revenue bonds, notes or other obligations to finance.the cost, in whole or in part, of the acquisition, construction, reconstruction, improve- ment or extension of capital projects consisting of properties used and useful in connec�ion with a revenue producing enterprise, such as that o� the Company; the issuance of such bonds, notes or other obligations by the City would be a substantial inducement to the Com- pany to construct i�s facility in the City. 2. On the basis of in£ormation given the City to date, it appears that it would be in the best interest of the City to issue its industrial development revenue bonds, notes or other obligations under the provisions of �hapter 474 to finance the Project of the Company at a cost presently esti- mated not to exceed $1,100,000.00. . . � 3. The Project is hereby given preliminary approval by the City and the issuance of bonds, notes or other obliga- tions for such purpose and in such amount is hereby ap- proved, subject to approval of the Project by the Commis- sioner of Securities and to the mutual agreement of this body. the Company and the initial purchasers of the bonds, . notes or other obligations as to the details of the bond issue and provisions for their payment. In all events, it is understood, however, that the bonds, notes or other obliga- tions of the City shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the Project, and each bond, note or other obli- I�� gation when, as, and if issued shall r�cite in substance � that the bond, note or other obligation, including interest thereon, is payable solely from the revenues received fzom the Project and property pleaged to the payment thereof and shall not constitute a debt of the City. 4. In accordance with Minnesota Statutes, Section 474.01, Subdivision 7(a), the Mayor is hereby aut orized and directed to submit the proposal for the Project to the Com- missioner of Securities for approval of the Project. The Mayor, the City Clerk, the City Attorney and other officers, employees and agents of the City are hereby authorized to provide the Commissioner of Securities with any preliminary information needed for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as= may be appropriate to the Project, if it is agproved by the Commissioner of Securities.. PASSED AND ADOPTED BY THE CITY CDUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1981 Attest: Mayor WILLIAM J. NEE City Clerk SIDNEY C. INMAN . . • � � Member introduced the following resolu— tion and moved its adoption: RESOLIITION NO. " � 981 : RESOLIITION GIVING PRELIMINARY APPROVAL TO A PROJECT IIND�R TAE MDNICIPAL INDDSTRIAL DEVEL- OPMENT ACT, REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECIIRITIES FOR APPROVAL, AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS (73RD AVENUE PARTNERSHIP) BE IT RESOLVED by the City Council of the City of Fridley , Anoka County, �Iinnesota (the "City")�, as follows: 1. It is hereby found, determined and declared as follows: 1.1. The welfare of the State of Minnesota (the "State*) requires active promotion, attraction, encour— agement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted Iands and areas of chronic unemployment, and it is the policy of the State to facilitate and encourage action by Iocal gov— ernment units .to prevent the economic deterioration of such areas to the point where the process can be re— versed only by total redevelopment through the use of local,� state and federal funds derived from taxation, with the a�tendant necessity of reloca�ing displaced persons and of duplicating public services in other areas. . 1.2. Technological change has caused a shift to a significant degree in.the area of opportunity for edu— cated youth to processing, transporting, marketing, service and other industries, and unless existing and related industries -are retained and new industries are developed to use the available resources of the City, a large part of the ezisting investment of the com�nunity and of the State as a whole in educational and public service facilities will be Iost, and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and com— pensated and the lessening attraction of persons and businesses £rom ather areas for purposes of industry, comrnerce and tourism will deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facilities for the remaining population. . 1.3, The increase in the amount and cost of govern— mental services requires the need for more intensive � develop;�ent and use of Iand to provide an adecuate taz base to finance tbese costs. 1.4. � 73rd Avenue Partnership , a Minr.esota partnership (the "Co�pany"), has advised tbis City Coun— cil that it desires to acquire land, acquire and con— struct a buildinq tbereon and acquire and install equip— ment therefor (the •Project') as a co�nercial office builcing facility. 1.5. �'he existence of the Project in the City will contribute to more intensive develop,�ent and use of 1?ad to increase the taa base of the City and overlapping taxing authorities and maintain and provide-for an in— czease in opportunities for employment for residents of the City. 1.6. The City has been advised that conventional, coa�ercial financing to pay the capital cost of the Froject is available at such costs of borrowing that the econamic feasibility of operating the Projec� would be significantly reduced, but that With tbe aid of munici— pal financing and its resulting Iow borrowing ccst t:�e Project is economically more feasible. 1..7� This City Council bas been advised by a re�re— sentative of Gopher Securities, Inc. of Plinneapolis, l�linnesota and/or Dupree & Company, Inc. of Lexington; Kentucky, dealers in municipal bonds, that on the basis of in£ormation sub— mitted to them and their discussions with representa— tives of the Company and potential buyers of tax—exempt bonds, industrial c3evelop;�ent zevenue bonds, no�es or other obligations of the City could be issued and sold upon favorable rates and terros to finance the Project. 1.8.. The City is authorized by M?nnesota Statates, � Chapter 474, to iss�e fts revenue bonds. notes or other — obligations to finance the cost, in whole or in part, of the acwisition, coristruction, reconstruction, i:�prove— r�ent or extension of capital projec�s consisting of properties used and useful in connection With a tevenue producing � enterprise, such as that of the Company;. the issuance of such bonds, notes or other obligations by the City would be a substantial inducement to the Com— pany to construct.its facility in tbe City. 2. On the basfs of information given the City to date, it appears that it would be in the best interest of the City to issue its indus�rial develop;nent revenue bonds, notes or othez obligations under the provisions of Chapter 474 to finance the Project of the Companv at a cost presently esti— mated not to eaceed $ 1,950,000.00. . � — 2 — 9A 3. The Project is hereby given preliminary approval by the City and the issuance of bonds, notes or other obliga— tions for such purpose and in such amount is hereby ap— proved, subject to approval of the Project by the Commis— sioner of Securities ana to the mutual agreement of this body, the Company and the initial purchasers of the bonds, notes or other obligations as to the details of the bond issue and provisions for tbeir payment. In all events, it is understood, however, that the bonds, notes or other obliga— tions of the City shall not constitute a charge, lien o= encumbrance, Iegal or equitable, upon any property of the City except the Project, and each bond, note or other obli— gation when, as, and if issued shall recite in substance that the bond, note or other obligation. including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereo� and shall not constitute a debt of the City. 4. In accordance with Minnesota Statutes, Section 474.01, Subdivision 7(a), the Mayor is hereby aut orized and directed to submit the proposal for the Project to the Com— �issioner of Securities for approval of the Project. The Mayor, the City Clerk, the City Attorney and other officers, employees and agents of the City are hereby authorixed to provide the Commissioner of Secuzities� with any preliminary information needed for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents a's may be appropriate to the Project, if it is approved by the Commissioner of Securities.. PASSED AND ADOPTED 8Y THE CITY COUNCIL 0� THE CITY OF FRIDLEY THIS _ DAY , 1981 Attest: Mayor WILLIAP1 J. NEE City Clerk SIDNEY C. INMAN- � • � � RESOLUTION N0. - 1981 RESOLUTIOiJ CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A COMI�IERCIAL FACILITIES DEVELOPP4ENT PROJECT PURSUANI' TO THE MINNESOTA MUNICIPA:i� INDUSTRIAL DEVELOPP�IENT AL'P AUTHORIZItJu THE PUBLICATION OF A NOTICE OF SAID HFARING (COLUMBIA PARK PROPERTIES) WHEREAS, (a) Chapter 474, Minnesota Statutes, known as the Minnesota MuniciPal Industrial Development Act (the "Act") gives muni- cipalities the pawer to issue revenue bonds for the purpose of the encouragement and development of econo3nically sound industry and commerce to prevent so far as possible the emergence of bli�hted and marginal lands and areas of chronic unemployment; (b) The City Council of the City of Fridley (the "City") has received fro�n Colw-nbia Park Properties, a general partnership organized under the laws of the State of Minnesota (the "Company") a proposal that.the City assist in fin3ncing a project hereinafter described, throug7z the issuance of it� industrial revenue bonds (which may be in the form of a single debt instrument) (the "3onds") pursuant to tne Act; (c) Before proceeding with consi3er- ation of the request of the Company it is necessary for. the City to hold a public . hearing on the pro�osal pursuant to 8ection 474.01, Subdivision 7b, Minnesota Statutes; NOW, TH�REFORE, BE IT RESOLVED by the City Council of the City of Fridley, t�innesota, as follows: 1. A Public Hearing on sai3 proposal of the Company will be helc� at the time and place s�t forth in the Notice of Hearing hereto attacYied. 10 • . 10 A 2. The general nature of the proposal and an estimate of the princinal amount of bonds to be issued to . finance the proposal are descriUed in the form of Notice of - Hearing hereto attached. '' ' 3. The 2lotice of said Public Hearing shall be in substantially the form contained in the Notice hereto attached. 4. A draft copy of the proposed a�nlication to the Com:nissioner of Securities, State of t�innesota, for approval of the project, together with proUOSed forms of all attachments and exhibits th�reto, is on file in the office of the City Clerk-Treasurer. 5. The City Clerk-Treasurer is hereby authorized and directed to cause notice of said hearing to be given one publication in the official newsnaner and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior to the date fixed for said hearing, as shown in the notice of hearing hereto attached. Adopted by the City Council of the City of Fridley, Pdinnesota, this __ day of PJovember, 1981. ATT�ST: City Clerk-Treasurer � Mayor 10� NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMI�lERCIAL FACILITIES DEVELOPrfE:JT PROJECT COLUMBIA PARK PROPERTIES To whom it may concern: Notice is hereby given that the City Council of the City of Fridley, Minnesota will meet at the Civic Center in the City of Fridley, Minnesota at 7:30 0' clock p.m. on the 14th day of December , 1981, to consider the proposal of Columbia Park Properties, that the City assist in financing a project consisting of the acquisition of lan3 at one of the following site and the construction and equipping of an approximately 30,000 sq. ft. medical clinic facility by the issuance of industrial development revenue bonds. The praposed site is a part of the proposed Center City Project located south of the Civic Center. The exact site will be determined prior to the public hearing. . The estimated principal amount of bonds or other obligations to be issued to finance this project is $3,59U,U�0. Said bon3s or other obligations if and when issued will not constitute a charge, lien or encumbrance uvon any pro�erty of the C�.ty excent the oroject and such bonds or o'Aiigations �aill not be a chdrge a�ainst the City's general cr�dit or taxing powers but are payaUle from sums to be p3id pursuant to a revenue agreement. A draft copy of the proposed application to tYie Com.*nissioner of Securitie�, State of t�Iinnesota, for approval of t�ze project, together with all attachments and exhibits thereto, is available for public inspection beginning November 23, 19$1, from 8:00 o'clock a.m. to 5:00 o'clock p.m., tdonday throu9h Friday, at the office of t'ne City tlanager. At the tirne and place fixed for said Public He3ring, the City Council of the Citj� of Fridley will give all nersons who appear at the hearing an opp�rtunity to ex�ress their views with respect to the proposal. Dated this -23rd day of �Tover►ber, 1981. (BY ORDEEZ OF THE CI`PY COUIICIL) By /s/ Sidney C. Inman City Clerk-Treasurer 11 RESOLUTI4N N0: - 1981 RESOLUTION GIVING FINAL APPROVAL FOR $1,250,000 INDUSTRIAL DEVELOPMENT REVENUE NOTE OF ]981 (WWH PROPERTIES PROJECT) NOTE RESOLUTION _ BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS 1-1. Definitions. The terms used herein, unless the context hereof shall require othenaise shall have the following meanings, and any other terms defined in the Loan Agreenent shall have the same meanings when used herein as assigned to them in the Loan Agreement unless the context or use thereof indicates another or different meaning or intent. Act: the Minnesota Municipal Industrial Development Act, Piinnesota Statutes, Chapter 474, as amended; Assi�nment of Leases and Rents: the agreement to be executed by the Borrower assigning all the rents, issues and profits derived from the Project to the Lender to secure the repayment of =the Note and interest thereon; Bond Counsel: the firm of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota, and any opinion of Bond Counsel shall be a written opinion signed by such Counsel; Borrower: ��WH Properties, a Minnesota general partnership consisting of Gale F. Weishalla, Gerald Whalen and Robert Hughs, its successors; assigns, and any surviving, resulting or �transferee business entity which may assume its obligations under the Loan Agreement; � City: the City of Fridley, Minnesota, its successors and assigns; Construction Loan Agreement: the agreement to be executed by the City, the Borrower and the Lender, relating to t7ie disbursement and payment of Project Costs for the acquisition of the Land and the construction and installation of the Improvements; � � Guaranty: the personal guaranty to be executed by Gale F. Weishalla, Gerald Whalen and Robert Hughs in favor of the Lender; Improvements: the structures and ather improvements, including any tangible personal property, to be constructed or installed by the Borrower on the Land in accordance with the Plans and Specifications; Land: the real property and any other easements and rights described in Exhibit A attached to the Loan Agreement; Lender: The DSidway National Bank of St. Paul, St. Paul, Minnesota, its successors and assigns; Loan Agreement: the agreement to be executed by the City and the Borrower, providing for the issuance of the Note and the loan of the proceeds thereof to the Borrower, including any amendments or supplements thereto macle in accordance with its provisions; Mortgage: the Mortgage, Security Agreement and Fixture Financing Statement to be executed by the Borrower as mortgagor, to the Lender, as mortgagee, securing payment of the Note and interest thereon; Note: the $1,250,000 Industrial Development Revenue Note of 1981 (Y,�VH Properties Praject), to be issued by the City pursuant to this Resolution and the Loan Agreement; Note Reqister: the records kept by the City Clerk to provide for the registration of transfer of ownership of the Note; - Plans and Specifications: the plans and specifications .. for the construction and installation of the Improvements on ' the Land, which are approved by the Lender, together with such modifications thereof and additions thereto as are reasonably determined by the Borrawer to be necessary or desirable for the completion of the Improvements and are approved by the Lender; Pledge Agreement: the agreement to be executed by the City and the Lender assigning the Loan Agreement to the Lender; � 2 11 A Principal Balance: so much of the principal sum on the Note as from time to time may have been advanced to or for the benefit of the City and remains unpaid at any time; Project: the Land and Improvements as they may at any time exist; Pro�ect Costs: the total of all "Construction Costs" and "Loan and Carrying Charges," as those terms are defined in the Loan Agreement; Resolution: this Resolution of the City adopted , 1981, together with any supplement or amendment thereto. Al1 references in this instrument to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and subdivisions of this instrument as originally executed. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Resolution as a whole not to any particular Article, Section or subdivision. 1-2. Legal Authorization. The City is a political subdivision of t}�►e State Minnesota and is authorized under the Act to initiate�the revenue producing project herein referred to, and to issue of and sell the Note for the purpose, in the manner and upon the terms and conditions set forth in the Act and in tY►is Resolution. 1-3. Findings. The City Council has heretofore determined, and does hereby determine, as follows: (1) The City is;authorized by the Act to enter into a. Loan Agreement for the public purposes expressed in the Act; (2) The City has made the necessary arrangements with the Borrower for the establishment within the City of a Project consisting of certain property all as more fully described in the Loan Agreement and which will be of the character and accomplish the purposes provided by the Act, and the City has by tnis Resolution anthorized the Project and execution of the Loan Agreement, Pledge Agreement� the Note and the Construction Loan Agreement, which docur►ents specify the terms and conditions of the acquisition and financing of the Improvements to be included in the Project; 3 � 11B (3) in authorizing the Project the City's purpose is to assist the Borrower to construct and equip a light industrial building for use in machining and manufacturing of specialized _ machinery, thereby inducing Borrawer to locate the facility in the City, and in its judgment the effect thereof will be, to promote the public welfare by: the attraction, encouragement and development of economically sound industry and commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the development of revenue-producing enterprises to use the available resources of the community, in order to retain the benefit of the community's existing investment in educational- and public service facilities; the halting of the movement of talented, educated personnel of all ages to other areas thus preserving the economic and human resources needed as a base for providing governmental services and facilities; the provision of accessible er,tiployment opportunities for residents in the area; the expansion of an adequate tax base to finance the increase in the amount and cost of governmental services, including educational services for the school district serving the community in which the Project is situated; (4) the ariount estimated to be necessary to partially finance the Project Costs, including the costs and estimated . costs permitted by Section 474.05 of the Act, will require the issuance of the Note in the principal amount of $1,250,000 as hereinafter provided; �I (5) it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of partially financing the Project; . (6) the I1ote and the interest accruing thereon do not constitute an indebtedne"ss of the City within the meaning of any constitutional or statutory limitation and do not constitute or give rise to a pecuniary liability or a charge against the general credit or taxing powers of the City and neither the full faith:and credit nor the taxing powers of the City is pledged for the payment of the Note or interest thereon; and (7) The 2Tote is an industrial development bond within the meaning of Section 103(b) of the Internal Revenue Code and is to be issued within the exemption provided under subparagraph (D) of Section 103(b)(6) of the Code with respect to an issue of $10,000,000 or less; provided that nothing herein shall prevent the City from 'hereafter qualifying the �Tote un3er a 4 � 11 C different exemption if, and to the extent, such exemption is permitted by law and consistent with the objects and purposes of the Project.� 1-4. Authorization and Ratification of Project. The City has heretofore and does hereby authorize the Borrvwer, in accordance with the provisions of Section 474.03(7) of the Act and subject to the terms and conditions set forth in the Construction Loan Agreement, to provide for the construction and installation of the Project pursuant to the Plans and Specifications by such means as shall be available to the Borrower and in the manner determined by the Borrvwer, and without advertisement for bids as may be required for the construction and acquisition of municipal facilities; and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority and in compliance with the Plans and�Specifications. 5 11 D 11 E ARTICLE TWO NOTE 2-1. Authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall be in substantially the form set forth , wi th such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total �rincipal amount of the Note that may be outstanding hereun3er is expressly limited to $1,250,000 unless a duPlicate Note is issued pursuant to Section 2-6. �: 6 • � � . 11 F PROVISIONS AS TO REGISTRATION T'he ownership of the unpaid Principal Balance of this Note and the interest accruing thereon is registered on the 'books of the City of Fridley in the nane of the holder last noted belaw. Date of � Registration Name and address Registered Owner Z'he Midway National Bank of St. Paul 1578 University Ave St. Paul, Mn. 55104 � 14 Signature of Clerk 2-2. �The Note. The Note shall be dated as of tl�e date of delivery, - shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms anci conditions as are set forth therein. 2-3. Execution. The Ttote shall be executed on behalf of the City by � the signatures of its Mayor and City Clerk and shall be sealed with the seal of the City. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. 2-4. DeliverY of Note. Before delivery of the Note there shall be filed with the Lender (except to the extent waived by the Lender) the following items: (1) an executed copy of each of the following documents: (A} the Loan Agreement; (B)+ the Pledge Agreement; (C) the Mortgage; (D) the Assignment of Leases and Rents; (E) the Construction Loan Agreement; 0 � (F) the Gu�ranty; ' (G) a Sworn Construction Statement. 0 (2) an opinion of Counsel for the Borrower in scope and substance satisfactory to Bond Counsel as to the authority of tlie Borrawer to enter into the transaction and other related matters; (3? the opinion of Bond Counsel as to the validity and tax exempt status of the Note; 15 11 G . (4) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may - reasonably require for the closing.• Upon delivery of the Note, the Lender shall, on behalf of the City, advance funds for payment of Project Costs upon receipt of such supporting documentation as the Lender may dee� reasonably necessary, including compliance with the pro- visions of the Construction Loan Agreement. T'he Lender or the Borrower shall provide the City with a full accountin9 of all funds disbursed for Project Costs. 2-5. Re4istration of Transfer. The City will cause to be kept at the office of the City Clerk a 21ote Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the City Clerk, duly executed by the Lender or its duly authorized agent. Upon such transfer the City Clerk shall note the date of registration and the name and address of the new Lender in the 2dote Register and in the registration blank appearing on the Note. 2-6. Mutilated, Lost or Destroyed Note. In case any Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause;to be executed and delivered, a new Note of like outstanding principal amount, nunber and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in:lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a 11ote destroyed or lost, the filing with the City of evidence satisfactory to the City that such 21ote was destroyed or lost, and furnishing the City with indemnity satisfactory to it. If the mutilated, destroyed or Iost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. - � E� 11 u 2-7. �Ownership of Note. . T1ie City may deern and treat the person in whose name - the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2-8. Limitation on Note Transfers. The Note has been issued without registration under state or other securities laws, pursvant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the 2Jote be given pursuant to any participation agreement, except in accordance with an applicable exemption from such registration requirements. 0 17 11 I ARTICLE THREE GENERAI� COVENANTS 3-1. Pa�ment of Principal and Interest. T'he City covenants that it will promptly pay or cause to be paid the principal of and interest on the Note at the place, on the dates, solely from the source and in the rnanner provided herein and in the Note. The principal and interest are payable solely from and secured by revenues and proceeds derived from the Loan Agreement, the Mortgage, the Guaranty, and the Assignment of Leases and Rents, which revenues and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in the Note, the Loan Agreement, the Guaranty, the Mortgage and the Assignment of Leases and Rents; and nothing in the Note or in this Resolution shall be considered as assigning, pledging or otherwise encumbering any other funds or assets of the City. 3-2. Perfor�nance of and Authority for Covenants. The City covenants that it will faithfully perform at all times any. and all covenants, undertakings, stipulations and provisions contained in this Resolution, in the Note executed, authenticated and delivered hereunder and in all proceedings of the City Council pertaining thereto; that it is. duly authorized under the Constitution and laws of the State of Minnesota including particularly and without limitation the Act, ta issue the Note authorized hereby, pledge the revenues and assign the Loan Agreement in the manner and to the extent set forth in this Resolution, the Note and the Loan Agreement and Assignment of Loan Agreement; that all action on its part for the issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the IJote in the hands of the Lender is and will be a valid and enforceable special limited obligation of the City according to the terms thereof. 3-3. Enforcement and Performance of Covenants. - The City agrees to enforce all covenants and obligations of the Borrower under the Loan Agreement and Construction Agreement, and to perform all covenants and other provisions pertaining to the City contained in the Note, the Loan Agreer�ent and the Construction Loan Agreement subject to Section 3-4. � 18 11 J 3-4. �Nature of Security. Notwithstanding anything contained in the Note, the Mortgage, the Assignment of Leases and Rents, the Loan Agreement or any other document referred to in Section 2-4 to the contrary, under the provisions of the Act the Note may not be payable from or be a charge upon any funds of the City other than the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon, nor shall the Note otherwise contribute or give rise to a pecuniary liability of the City or, to the extent permitted by law, any of the City's officers, employees and agents. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note ar the interest thereon, or to enforce payment thereof against any property of the City; and the Note shall nat constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutozy limitation; but nothing in the Act impairs the rights of the Lender to enforce the covenants made for the security thereof as provided in this Resolution, the Loan Agreement, the Mortgage, the Assignment of Leases and Rents, the Construction Loan Agreement, the Guaranty and in the Act, and by authority of the Act tlze City has made the covenants and agreements herein for the benefit of the Lender; provided that in any event, the agree�ent of the City to perform or, enforce the covenants and other provisions contained in the 11ote, the Loan Agreement and the Construction Loan Agree�ent shall be subject at alI times to the availability of revenues under the Loan Agreement sufficient to pay all costs of such performance or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon. : � 11 K G ARTICLE FOUR MISCELLANEOUS 4-1. Severability. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in alI jurisdictions or in all cases because it conflicts with any provisions a� any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 4-2. A�thentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents reterred to herein, and affidavits or certificates as to all other-matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 4-3. Reqistration of Resolution. Zrhe City Cl�rk is authorized and directed to cause a copy of this Resolution to be filed with the County Auditor of Anoka County, and to obtain from said County Auditor a certificate that the Note as a bond of the City has been duly entered upon his bond register. 4-4. Authorization to Execute Agreements. The forms.of the proposed Loan Agreement, the Pledge Agreement and the Construction Loan Agree�ent are hereby approved in substantially the form heretofore presented to the City Council; and the Mayor and City Clerk of the City are authorized to execute the Laan Agreement, the Pledge Agreement, 20 11 L � a.,,. ...._ ��.._ __ __ _____ __ __ __�- -�ment in the name of and on behalf of the City and such other docur,�ents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence flr disability of the I�ayor or the City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instrurnents and documents required to be done or executed by such absent ar disabled officers. Attest: Adopted: , 1981 City Clerk � d Mayor of the City of Fridley 21 11 h1 � RF�90��ION I�U. — 1981 • :�.v i � � � r:i• • •� � � � • • i� � i • �� . • ••.f 1 �.I" i'�l: � ' • ' ?I � I�MI1'� WHERk'k�AS, under provis�ons of the 1973 Housing anc] Redevelopment Act, Minnesota Statutes, Section 462, 411 et. seq., the City Council of Fric3ley, Minnesota must approve redevelopment projects to be executed by the Housing and Redevelopment Authority of Fridley; anc7 �, the Fridley Housing and Redevelopment Authority has determined that a redevelopment project as set forth in the North Area Redevelopment Plan dated November 19, 1981, should be undertaken in the area legally described in said plan, anc3 has made application to the City Council for approval of the project, which application complies with the provisions of Chapter 462 Minnesota Statutes; and WfiEREAS, the project and the plan was reviewec] and approved by the Fridley City Planning Ccx�nission on the 18th day of November, 1981; and WHF�'�S, the Fridley Hausing and Redevelopment Authority has included a relocation plan, redevelopment plan, finance plan, and acquisition plan, as �rt of the North Area Redevelop�nent Project; and WHEREAS� pursuant to notice given as required by the provisions of h9innesota Statutes, Section 462.521, the City Council conducted a public hearing regarc3ing the North Area Reclevelop�c�ent Project; NC7W, THEREF�RE� BE IT RF�OLVID THAT THE CITY COUNCIL OF FRIDLEY HEREBY FINDS AND DESL'E�SINES: 1. That the project area is blighted due to con8itions of unusual and difficult characteristics of the ground. 2. That the execution of �.he North Area Redevelopment Plan by the Fridley Housing and Rec3eveloprnent Authority is authorized by the Municipal Housing and Redevelopment Act, and 3. That the Iand in the project area woulc3 not be made available for redevelopment without the financial aid to be sought. 4. That the redevelopment plan conforms to a general plan for the redevelopment of the City of Fridley. 5. That the North Area Rec�evelopment 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 North Area Redevelopznent Project may require an undetermined number of relocations of which the City shall insure that all applicable State anc] Federal Zaws shall be adhered to. � 7. That the North Area Redevelopsnent Project will requiXe real property aoquisitions of which the City shall determine on an on-going basis during the implementation phases of the plan, and that all real property aoquisitons will be done in conforntiance with Minnesota law. � 8. R'hat the North Area Redevelopment Plan has been review and recac�miended far approval by the Fric3ley Planning Ca�unision. 9. That the North Area Reclevelopsnent Pl.an and Project as set forth be and hereby is approved; that the City Clerk is hereby directed to f ile a copy of the North Area Redevelopment Plan with the minutes of the meeting during which this resolution was passed; and that the City Manager is hereby directed to infornn, in writing, the Housing and Rec3evelopment Authority of the approval hereby acoomplished. - PASSED AND ADOPTII7 BY THE CITY COi7NCIL OF THE CITY OF FRIDLEY THIS nAY OF , 1981. ATTEST : WILLIAM J. NEE - MAYOR SIDNEY C. INMAN L CITX CLF�RIC � 12 A � � � �,.-.� .� . t :� RFSO��TI`I�I OF ZSE CI'i'Y a7UI�II. OF FRIDLEY, MINNE90TA _� APP%NING �E TAX INK:RF�IENT PIAN OF THL NORZS 1�RF,A RFD�VF�O�'t1ENP ARF�1 WHF.REAS, unaer provisions of the 1973 Housing and Redevelopment Act, Minnesota Statutes, Section 462, 411 et. seq., the City Council of Fridley, Minnesota must approve redevelopment projects to be executed by the Housing and Redevelopment Authority of Fridley; and �, the Fridley Aousing and Redevelopsnent Authority and tbe Fridley City Council has approved the North Area Redevelop�nent Plan; and WHERF,AS, it has been determined by the Fridley Housing and Redevelopment Authority to use Tax Increment Financing to finance projects in the area defined by the Tax Increnent F�.riar,cing Plan; and WHERF�AS, the Fridley Housing and Rec3evelopment Authority have submitted tbe Tax Increment Plan to the Fridley City Council for review and approval; and WHERF,AS, pursuant to notice given as required by provisions of Minnesota Statutes, Section 273.74, Subdivision 3, the City Council conducted a public hearing regaraing the Tax Increment Plan to the North Area Redevelop�nerit Area; NUW, THERE�RE, BE IT RF�OLVID THAT THE CITY COUNCIL OF �'RIDLEY HEREBY FINDS AND DE1�7INF�: 1. That the project area is bliqhted due to conditions of unusual and difficult physical characteristics of the ground. 2. That the project comprising the Tax Incranent Plan shall be set up as a redeveloprn�nt project as authorized by Minnesota Statutes, 273.73, Subdivision 10 (a) Paragraph (3} in oraer to: R�nove blighted anc3 deterioratec3 conditions as determined in the North Area Redevelopment Plan based on Chapter 462 of the Laws of the State of Aiinnesota; and 3. That the d�velopment of land in the Tax Increnent Plan would not occur soley through private investment within the reasonably forseeable future and therefore; the use of Tax Increment Financing is deemed necessary. 4. That the Tax Increnent Financing Plan conforms to a general plan for the redevelopment of the City of Fridley. � 13 5. T�at the Tax Increnent Financing Plan will afford maxim�n opportunity, , oonsistent 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 Increnent Financing Plan to the North Area Redevelopment • Plan as set forth be and hereby is approved; that the City Clerk is _ hereby directed to file a copy of the Tax Increment Financing 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. PASSID At�ID ADOPTID BY THE CITY OpUNCIL OF THE CITY OF FRIDLEY THIS nAY OF , 1981. A'rTF�T: SIDNEY C. Il�Il�'i�1N — CITY CI,ERR � � 0 WILLIAM J. NEE — bfAY�R 13 A TNE CITY OF FRlC�L Y I OATE I SUBJECT DIAECTORATE OF puB�tc woR�cs Sealcoating Agreement with Columbia Heights _�� ,! - �.... .r'`✓ i,�T ' � �,�= .,,.,�,, • _ ,�, , . . %= ;•. E'�`�� . . _- ,.�.:� TO MEMORANDUM Fred Salsbury, Columbia Heights Director of Public Works, and I have been discussing the maintenance of 53rd and 45th Avenues, the boundary streets between our two cities. They are in need of repair and seal- coating, and this should be accomplished next year in order to extend their use. � ACTION{ INFO• 53rd Avenue is a major arterial and as such, should be coated with trap rock, a more dense material; while 45th Avenue is a residential street and requires buckshot, in accordance with our sealcoating policy. We have agreed to advertise these streets as part of our 1932 sealcoat program and award them to the lowest unit price bidder---with each city sharing one-half of the cost. Since Columbia Heights assesses all their sealcoating work, they require confirmation of this proposal. Recommend the City Council approve the attached resolution for the joint sealcoating of 53rd and 45th Avenues next year. JGF: i j k :.< • }. ,. 0 x�so�rrza� rp. — �81 A RE9�ION AVt�ORI Z ING EXFCO'PION OF AN AGREF�iENT - WITH THE CITY OF QDLI�IBIA HEIG9TS FOR STREET SEAL " aDATING (ST. 1982 - 10) BE IT RESOLVID, that the City of Fric3ley enter into an agreanent with the City of Columbia Heights for the follawing purposes, to wit: For the purpose of seal coating 53rd Avenue from Central Avenue to University Avenue with Traprock. For the purpose of seal coating �5th Avenue fram Main Street to University Avenue with Buckshot. BE IT FURTHIIt RE50LVID, that the City of Fridley will pay for one-half the cost of the above seal coating based upon the lawest unit price received for this work in 1982, BE IT FURTHER RESOVID, that the proper City offivers hereby are authorized to execute such agreenents an3 thereby assume for and on behalf of the City, all of the contractural obliqations contained therein. PASSID AI�ID ADOP'I,'ID BY THE CITY CQUNCIL OF THE CITY OF FRIDLEY THIS D�F,Y OF , 1981. AT'i'ES'T: SIDNEY C. IrIl�'1�1N - CITY CLF�EtK 9 � WILLIAM J. NEE - MAYOR 14 A CITY a,1��.. -.Y;._, r x�-:. .F�n�r . ... OF 14 ; CITY OF COLUMBtA HEIGHTS ,.r,�,c�� ;� ��:._.'�' �..- -� �a��i..Msa��'�€S-- ,...,��s .�:-,� -�,.., � 590 40th Ave. N. E ' . -,. . , � ,-� �:�v=�Columbia #ieights, i�AN -5542i_�� i= � :A°. �:�;T.— =- .�:. �.::,� (612) 788 - 9221 .s;.'`to']m'1rA�4F',�.�'-i''�:..:n- . ixx a e . � ;;a. -�-��r � .,72:;:as��t `•.".S `^fi"°, _ .• . ...-._ _�e_.��ib v��...:'s�;..� "SERVICE IS OUR BUSINESS" November 4, 1981 Mr. John Flora Public Works Director City of Fridley 6431 Unive�sity Avenue Fridley, MN 55�+32 Dear John: We wouid like to seal coat 53rd Avenue from Central to University and 45th Avenue from Main Street to University this coming sumner. Since both of these streets are on the corporate limit with Fridley, we would like to have concurrence with you that each community will pay for their half of the street. If you agree, we will be ptacing 45th Avenue on our assessment roles, since we assess all seal coating. 4ur program for next year will involve about $180,000 worth of seal coat work, and therefore it is imperative that the assessment role preparation begin early. Since we do not assess State Aid streets, 53rd is not as important to know about right away; however, as you and l have agreed, it needs to be done•this coming year. We could both go out for bids on the two streets, and use the lower price as long as we handle it properly in our specification. We are using a trap rock cover on all State Aid streets and would plan to handle 53rd this way in our specifications. We feel the extra wearing capacity is a good idea for State Aid streets. I would appreciate your earliest possible reply, and if you agree, we can get together on how to�handle the bid process. If I can supply any further information, please-give me a call. Very truly yours, �� Fredrick V. Salsbury, E. Director of Public Works- FUS/ab 81-631 Bruce G. Nawrocki, Mayor E. ��Sebe" Heintz, Councilmember Walter Logacz, Councilmember Gayle R, Norberg, Councilmember Kenneth E. Hentges, Councilmember � EQUAL OPPORTUNITY EMPLOYER A-� . ��,�� '�� ,� ��•�, '► `` A� i ,� P�LICE DEPARTMENT City of Fridley Minnesota DATE NOVEMBER 18, 1981 FROM PUBLIC SAFETY DIRECTOR, J. SUBJECT CONSIDERATION OF ONE YEAR EXTENSION - ANIMAL CONTROL CONTRACT ILL MEMORANDUM � Our current animal control contract ex�ires December 31, 1981. ACTI According to our City Attorney, this service is not mandated to be bid. Since there are only two commercial animal control services available, that being D9APSI and Blaine Midway All Pets, it is my recommendation that the formal bid process not be used for 1982. I base my recommendation on the following points. 15 {NFO 1. The services of Blaine Midway Al1 Pets were not satisfactory in 1980. There was also concern expressed at our Concil r.leeting �egarding animal care during boarding. 2. It was reported at the October meeting of the Anoka Chiefs of Police Association that Blain Agidway Al1 Pets were considering selling out. 3. It is reported by other Metro cities and by MAPSI that the City of Fridley pays the lowest contract rates to MAPSI of all cities using this service. This information has not been verified, although I believe it to be correct. 4. As a result of discussions with Larry Smieja, President of MAPSI, Mr. Smieja agreed to continue the service in 1982 for $1.00 per hour increase for patrol service (from $11.00 an hour to $12.00 an hour) with all other fees to remain unchanged. It should be noted from the attached 1981 bids that $12.00 per hour is still $2.00 per hour below the Blaine Midway All Pets bid for 1981. 5. The City has direct control over the number of patrol hours worked. 6. The contract can be canceled by 30 days written notice. Based on the above points, it is my recommendation that the City grant a one year extension of the MAPSI contract to include a$1.00 per hour increase in the patrol rate. JPH/sa -� � � � - �:< � �'�� > ,,.� :� � � r=�;-�- �=`� � �� :: �.: �� .. �:,� ,"f ;� }.;"�=�a y !�o�:embe!' Ei, 79�v .�i Ci.}:'�.�"it,�� 1� -." � �°''��a'r�it�� 0�:"3;1'��'; � 15 A c�-��r o� FR��E�r 6431 UNIYERSITY AYENUE N.E., FRIOLEY� MtNNESOTA 55432 �h��;�� rwPSI S ",. ;�-�;`;:'x'N 506 - 11 th Ave. No. :i, 1�!pls., MN 554]1 �. � t' Jc�: _i:. TELEPHONE ( 612)571•3450 Its�' l.i*f �)f t�Yl.'li.r^_ .S !"�'�� t�!' t31 r:� Ai�l + '1 i�'tE' "C:i� Uf � c' �y *i � �7S � 1� aC � r5a T�:� �d�i'Q J�f :'iCE r01' } i_bt .,tar;, r.g J..n�;�.r� ], 19�� l;rc�uyt� u��e:;:5er 3l , 1��; . !t':E: L°j01•: i 1�`Ut'ei 7'�''.`�t'Ct dfl esti►nai:ed anr,i�al 1"E'.e,�.;�ret��fi`, iG(' ail?�Tn� £c;�*r��1 S_r•vir.e� in Lh� �ity of �'ri�;c�y. tv:�luat;pn .:i ii i�:.� �;�sec! nr, ��';�Si: 'fiyL""e: in 8�::1�1Cr LJ Oth�� factor�, �i;.^,fl �S fd:ij:T�E> �1' �:h2 CCtl;L''c,CtU�', h;'iStUl^y of h�,'l�f1E C3Y'f' Oi dr�(�1d�5 al:�i `^:^N�31�iLS. ?�tip F:,�ir:,,�eu fi;ur�s d� n�� hin� the City o; ; r;�l�'j tU �:�ir,tuin th�t l:v�=i of servicc. See attached sp�cificacions. Pai�t_oi �i'Ju r� i riJ __ .,� Ar� ;:�.al i,�str•oy � na I�j;;reci F,n�r!alj E� 1 � ° �. 'r.'. � C� � S�eciai Serv;ca 1040 hours t� _�, OQ hr. = g1��, G� 94II days @ __�`�� day = �� QO � •_.._ 138 anirrals @�,l�Q anin�al = R__..._�,��; D O 64 cal 1 s@ �.O 0__c:�i ; �4 calls t�_��100 call d TOTAI. - �___-70 , o0 - s_.�Q.�ao ��.o� �� -�i �.�. ., � � T � � :L .� 1:' � i � i.P'� "�: .: � � 1 1 1� ,L�, .ti G� �i7 :�n��F. n r ^ l O �n }�n F,• �, r,,'" , �1 • .... G�; at .. ,�i�nv . .:V t�u i . . _� t �.i� �)i�� I�:US� �;� ; i:�`J.T:l :•.:c?C� lf; S:'B�E.'C� en��e�c��if?`.'s a�l?l� a�d1f1(V ~3� kl?C� C!1 '`..�'iE G;1�5iG�s Yl� t�l ��ti''1!^.:�.) {.i�7?`•.pt �� . 0 It ri11'±1?Lf ',llfOY^;�'t�(?(1 1S (irc^.dL'C�� f!��itS�' :.�ntaC� rl!? 3� �%1-��5(1� o�i:e^'ai011 13?. � � . . i 5 : nc� �•n � Y � . S�-_ - ------- !t,�-� • - �C�n' �11`% %� � � � _J- ' � � . �< <� 1t�v_o� /�i U_�L �'�v.1ss°, �- • . � Ac�drFS s �O�__L__��/`�, il%Q _ /�� --t ' �r;r��r. �. ?�;i�r,:a T�lept�Qne lo/�- -.33'9�6G�� PU►'Ch351;7y� 11i;FI1C ._r.� Ca te�_____f _ ��,��,1 �Q , ,� �,�� ; _.._._._._ - �. � � � • �{�� '.:, `� :� , rt�M .t� . � ��.� . Rj •_2.�t...�.�. .�� , ��, = ;� .� �.. ;{ : :�..>r ,k`: �;"�� ► 15 B CITY O�' �'�IC��,EY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55132 TELEPHONE ( 612)5tt-3450 �;;. -:c��p r,r��.tr.�_r a: 19:>it .?:`:� . t: +�f. � ;:.✓¢�1�+. y ��. � � .i 1'.�. � Y'. it, �, � S' T�.�,�r��' Blaine Midway All Pets �� :'��''� 10911 Radi sson Rd. NE �'��'��" Blaine, MN 55434 : ::� -- .: x ; . :?� t� r ,:: i r : ii�c (;�:,s :�i i'?r.:.l� �� ~E'i�U°_`_'T�:'in 4i�c '('��1" �;!ilr!c�! �ci�;"�� S�C'V10E' f0?" �� L,��Y ;,f i��3: �t.ar�ir:� ,?an�ary, ', I°�1 t;irough Oecen�ber 3l l��l. 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D-z _ � �_�- � �� ?u$ l�'1�� ' � �° Jlf'i ��:�� i�.j'i. v_i , j, 1,� 4c�eF..e�,. r t, r,r, i�icv��r.k:er 2^, '9�;; at th? �('1G�2y i �9 }i� � . � �+i? t��;;s r:;��st be _:�tir,�it�.�d ?n s�:aied e;:�elo�� p ottt�?c� :- '� �� ?�i�;y �r,ar�::d on t�� t� :tn "�;�ii�^; + i.c;nl:rai," Jf �U!'"ti�iz`' liti:�t^:li?f1��It l:i flE'EC�� ;`;L��£ Ci?:1T�4�.. '1� clt 57)-?�iSG, i;r,��!�ns?on 1 JJ• • • SircFr�l;�, ��orc+c�n J. `1?c;-!'�c� Pt� rcr,a s� �tg� l`��,1 � u�l�.�� Sh _. � a'Y---..t.L+ t G • Con��;c.ny-��'-�"�`'.."'�L, �� --�`�'� L�i �2�� A.�dr�ss O // � Ct ^ � i�,�. Tc,1�.r t,;sr� _�,►�.3 � 10 `� R3 !:E`�� 0 � 16 � F.OR COiVCURREtVCE BY THE .CiTY C4UNCIL �— CL��IS ��OVEMBER Z3, �9c��. 0 CLAIM N��1�ERS 30677E - 324N1J VD � F.OR CONCURRENCE BY THE CITY COUNCIL - LIC�'dSES November 23, ]981 � Type of License: B�r�. Apprpved By: Fees: Christmas Tree Lots Charles Aspenson 6735 Highway #65 N.E. Fridley, Mn. 55432 Frostop Christmas Trees 7699 Highway #65 N.E. Fridley, Mn. 55432 Charles Aspenson Sherman Hanson Frank's Nursery & Crafts Virgil Moltor 7620 University Ave.N.E. Fridley, Mn. 55432 � a 9 9 A Richard Larsan Deputy Fire Chief Richard Larson Deputy Fire Chief Richard Larson Deputy Fire Chief 17 $200.00 + $100.0� I Deposi $200.00 + �100.0 . Deposi $200.00 + $100.0 Deposi 0° 1� A � F.OR CONCURRENCE 8Y THE �.CITY COUNClL �- LICENSE5 NOVII�SBER 23, 1981 GIIJERAL CONTRACTOR APPROVED BY Akona Construction 4115-147th Lane t1.W. DARREL CLARK Anoka, NIIV 55303 By; James Myers Chief Bldg. Ofc. Giertsen Company 5147 Winnetka Avenue iJorth New Hope, MN 55428 By: Richard Giertsen HEATING Moorhead 1�+lachinery & Boiler Co. 3477 University Avenue N.E. Minneapolis, Mi3 55418 By: Don Bolgrean � 0 P. . 8 � � P DARREL CLARK Chief Bldg. Ofc. WILLIAA4 SANDIDI Plbg.-Htg. Insp. �� - 1 F<,�,�-� I _ � , ��; �o�, c��vcu�RCr�cE 9Y TFic ci � Y cour�c�� - ESTI��ATES �--- yOVEMBER 23� 19S1 A11ied Blacktop Company, Inc. 10503 - 89th Avenue North Maple Grove, MN 55364 FINAL Est. #2 - Project St. 1981-10 Halvorson Construction 4227 - 165th Avenue �V.E. 4lyomi ng , PM1 55092 0 Partial Est. #8 - 1981 Misc. Concrete Curb & Slab Construction Boda Construction Company, Inc. 12325 Cloud Drive N.E. h1pl s . , MN 55432 Partial Est. #2 - Repairs on 1.5 Million Gallon Reservoir Eugene A. Hickok & Assoc., Inc. 545 Indian Mound Wayzata, MN 55391 Professional Services - Restoration Project Bonine Excavating, Inc. 12636 Main Street Rogers , t�1N 55374 1981 Moore Lake Partial Est. �1 - S& W Project #134 Crossings, Inc. P.O. Box 10 Pri or Lake, P1N 55372 Partial Est. #2 - Moore Lake Restoration Project (St. Sew. Diversions) S� W 132 Smith, Juster, Feikema, Malmon u Haskvitz 6441 University Avenue, tJ.E. Fri dl ey, ��1TJ 55432 ' For legal services rendered as City Prosecutor for the mon�h of October, 1981 � $ 2,396.96 $ 2,236.00 � 4,a86.9a $ 2,18�.11 �66,003.78 �42,956.34 � 3,984.60 �. CITY OF FRIDLEY Engineering Department 6431 University Avenue Fridley, Minnesota 55432 Date November 16, 1981 T0: Honorable Mayor and City Council City of Fridley 6431 University Avenue Northeast fridley, Minnesota 55432 Contract ltem � �� • � �� RE: Est, No. 2 Final) Per. Ending tJov. 16, 1981 For Allied Blacktop Company, Inc. 10503 - 89th Avenue North Maple Grove, Mi� 55364 STATEMENT OF WORK St. Improvement Project St, 1981- st�matea un�L uantities Price r r�vta��.aa Quanti y Quantity Amount This Est. To Date To Date 7,939020 SUMMARY: Original Contract Amount Contract Additions - Change Order Nos. #1 Contract Deductions - Change Order Nos. Revised Contract Amount Value Completed To Date SUB TOTAL Amount Retained (.05%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFICATE 0� THE CONTRACiOR � 47.052.50 � 886.70 � � 47,939.20 E 47,939.20 � 47,939.20 b -0- b 45 z542 . 24 � 2,396.96 i i I hereby certify that the work performed and the materials supplied to date under terms of the contract for reference project, and all authorized changes thereto, have an actual value under the contract of the amounts shown on this estimate (and the final quantities of the final estimate are correct), and that this estimate is just and correct a no part of the "Amount Due This Estimate" has been received. By � � Date //—/,p— �I ontrac or s Au or�zed epresentative it e CERTIFICATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate under the contract for reference project. CITY OF FRIDLEY, IASPECTOR - BY ��.. �. C � - Checked By .�i�` ;!,ri/,� 100A/1091A Date ��i - % Respecfully submitted, CITY OF FRI LEY B ��/ ' Y ��G. FL RA, P.E. lic Works Director CITY OF FRIDLEY PUBLIC WORKS DEPaRTMEPJT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 November 16, 1981 Honorable Mayor and City Council City of Fridley cJo Nasim M. Qureshi, City Manager 6431 University Avenue Northeast Fridley, Minnesota 55432 Council Members: CERTIFICATE OF THE EfJGINEER We hereby submit the Final Estimate No. 2 for Allied Blacktop Company Incorporated, 10503 - 89th Avenue North, Maple Grove, Minnesota 55364, for Street Improvement Project No. St. 1981-10. Original Contract Change Order #1 Revised Contract Amount Final Construction Cost--St. 1981-10 Final Construction Cost--St. 1981-10 Less Estimate #1 $47,052.50 886.70 47,939.20 . . $47,939.20 $47,939.20 45,542.24 AMOUNT DUE FINAL ESTIMATE N0. 2 ...$ 2,396.96 We have viewed the work under contract for the construction of Street Improvement Project St. 1981-10, and find that the same is substantial- ly complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body, and that the one-year contractual maintenance bond commence on the date listed. : Respectfully submitted, �� L�1 OHN G. FLORA, P.E. Public Works Director JGF:ijk : Prepared by�i�� i!� „ Checked by: ��%1�xz� � 18 C E November 16, 1981 To: Public Works Director Cit� of Fridley REPORT ON FINAL INSPECTION FOR STREET IMPROVEMENT PR4JECT ST. 1981-10 We, the undersigned, have inspected the above mentioned project and find that the work required by the contract is substantially complete in con- formity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, Therefore, we recomnend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting fram the day of the final inspection, that being July 20, 1981. � ZEPdTGRA Construction Inspector �/" .�iC%G�fL�Z� E. . CAPIS NT Contractor Representative : � November 16, 1981 ST. 19£31-10 CERTIFICATE OF THE CONTRACTOR This is to certify that items of the work shown in this statement of work certified herein have been actually furnished, and done for the above mentioned project in accordance with the plans and specifications heretofore approved. The final contract cost is $47,939020, and the final payment of $2,396.96 for the street improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work done by the contractor under this projecto I declare under the penalties of perjury that this statement is just and correct. � 8 ALLIED BLACKTOP COMPANY, INC. :- � � � E.% . CAPIS RANT Vice President _ 18� STATEMENT SMITH, JUSTER, FEIKEMA, MALMON & HASKVITZ ATTORNEVS AT LAW 1250 BUILDERS EXCHANGE BLQG. MINNEAPOLIS, Ni�NNE50TA 55402 339• 1481 �City of Fridley 6431 University Avenue '�. E. Fridley, Minnesota 55432 Attention: Mr. �iasim Qureshi, L City Manager WN DATE � rLE1�f= w[TVRN TNIi ►OA710N MITM 11OUR ►ArMtMT • SUBURBAN OFFICE f R1DLEv � J � BALANCE , FORWARpED FROM LAST STATEMENT 11-04-81 For legal services rendered as Prosecutor for the City of Fridley during October, 1981. Representation of City of Fridley in Court on 10-01-81 (Columbia Heights}, 10-12-81 (Fridley, 10-13-81 (Fridley), 10-14-81 (Fridley), 10-15-81 (Fridley and Columbia Heights), 10-1fi-81 (Fridley), 10-23-81 (Fridley) and 10-29-81 (Columbia Heights) for 30 contested jury cases and 78 contested court cases. (65 hours - 20 minutes). Processing complaints incic�ding citizen inquiries and preparatioi of 60 formal complaints. ,(16 hours - 20 minutes). Total 7ime (81 hours - 40 minutes). October, 1981 Retainer. $1,650.00 Time in excess of retainer (51 hours - 40 minutes) � 2,313.00 Anoka Sheriff - Serv i ce Fee 21.60 SMITH, JUSTER, FEIKEMA, MALMOR�HA'SR�PIiZ AT70RNlrf wr �wr � $1,650.00 $3,963.00 $3,9$4.6A �U F