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06/07/1982 - 5269� FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME-AflDRESS AND ITEM NUMBER INTERESTED IN DATE: ��ne� 7, 1982 NAME ADDRESS ITEM NUMBER �= �� __ __ ----------------------- ---- -------- _-____-_-____�_�_-_- ------ -- --- -------------------- - ----- ___ _ _ -- -=--- (� �� . __. . , - , ,- _ , � , ,.. � -� � ;. ,� ,_ � - 5�2 :5 V ,'..�� - � � i �� Q � , / ` F /_ �� / h % 3 / � � / C'i1.c�-� , �'-� � Fo�-u.�► �j%%/� C r�r l� �: �° �N �^ . v , 1�; � � � ✓!' i � � l�;sy;%r �A''� / j_ , Cr; �4 �:°°�✓b'±�' Y� ' s�,(�✓ � ��c?I/t ��<<<�( �✓ lI .'�� ^��Q `� ',�' ?'�:, r�.y,U II � I a !t � � �:�.�C� r�P Qf `, i�.�Q � � � � �� 6 ' � _� � _ � t. ,f,,�. -,� „ ,. n, �,�„�_� ` (� yJn , . l...h..E.. ..`��..��. r. ` . �'. • u . � � � 1 �-,Y1 �/_. �� '�t�t� � � k.. � �� :i �� a. � 1 ` � ��v v� l, � '�. i" /,! ��C,'J � � r rt d,t.../ � ,� '/ `"�� 't�{..� �j �::� r ., , � .. , ,r �, � , , i � ! . f4 r -� •— � �� . ' t � l , " � � .� . p�' !' ,./. �,�`i.�...,liyl�.,.. � � �., /G9 p '. . r, f� �' ' 3 ��' _ � �=��, -� �� -�.c /?�,,.� 3 — 3T � �,:,_. 1�1,�//,�,�. � � �� ,, � _ ;� � 3�� -- . � � �.- � � r n ! � �r % [.� �e:` 1 ks``--='^--y�- � � l � '" � -� � � ' �:= f �'� '� � '� ,• t: � /'\ � � I 1 � �/ 0 7-�G� � /?��-s,�► _ /+ �..„..,y..,. , ,N� , ' s�. ^� ,{ ,� .L_, _ " _ � p 'R . 4 �b�� / :✓�,.��t .a�'�.' �? -" '/_ �' I ,�"� . . ,. .�:%� ( �� Z � '� 5E� S �'� �" �-. �; , ..Q �t% � � I � -" i7.�.� - ; ,� :� a�"^ �°' ,�,- -.. r�.4,_. ' .. _ ` ?�' � � ,.r� "ti _ 4.�,.. , f ^ � I/�� 4'/�� s�� !��%f {/�✓ � r � . � I � r'1E1�10 T0: � FRIDLEY CITY COUNC I L JflP;E 7, 1982 � 7:30 P. "I. DEPARTMENT HEADS FOLLOWING ARE THE '�ACTIONS NEEDED'�. PLEASE HAVE YOUR AfitSWERS BACK IN THE CITY MANAGER'S OFFICE SY THE ►�IEDNESDAY BEFORE THE NEXT REGULAR COUNCIL MEETING. THANK YOU. . � I APPROVAL OF MINUTES; i I �OUNCIL MEETING, iiAY 17, 1��2 BOARD OF REVIEW MEETING, M�AY 24, 1982 COUNCIL MEETING, MAY Z4, I�BZ All minutes approved as presented ADOPTI�N OF�AGErlDA; Added: Adoption of Resolution No. 52-1982 Supporting Freeze on Nuclear Weapons OPE►� FCP,l1P1, V I S I TOI;S : �COPJSIDERATION OF ITEMS NOT ON AGENDA - IS MINUTES) Gary King - to discuss Resolution regarding freeze on nuclear weapons PU3LIC HEA�INGS: PUBLIC �iEARING ON ASSESSMENT FOR ST. 1979-4 STREET IMPROVEMENT PROJECT iSTORM SEWER POR7ION), .....�.. 1-- 1 A Nearing opened at 7:50 P.Nt. Clase� at 7:58 P.�. _ NO ACTIQN NEEDED (Resolution No. 47-3982 confirmin� assessment adopted - See Item 10) � � � PU�LIC HEARINGS (CoN-rrNUEn) PUBLIC HEARING ON PROPOSED PROJECT FOR ISSUANCE OF $%OO,OOO INDUSTRIAL DEVELOPMENT REVENUE BONDS TO G�W� PASCHKE PROPERTIES G�VDER THE MINNESOTA �1UNICIPAL INDUSTRIAL DEVELOPMENT ACT, P��1NNESOTA STATUTES, CHAPTER 474 tG�W� PASCHKE PROJECT II)� ,..�. 7 Public Heariny opened at 7;58 P.M. Closed at 8:05 P.M. CENTRAL SE V. ACTION NEEDED: ��e item �9 (Resolution No. 46-i982 giving preliminary approval adopted) � PUBLIC HEARING ON F�NA.L PLAi, PS #uZ-01, DOTYI �'ELLPJER ADDITION, V�I, �� DOTY AND GARY I"�ELLNER ��.�. 3- 3 � Hearing opened 8:06 P.M. Closed at 8:18 P.M. � PUBLIC 6JOR S ACTION NEEDED: Put consideration of plat on next agenda I PUBLIC WO NEY� BUS I NESS : CONSIDERATION OF SETTING A PUBLIC {iEARING FOR CHANGE TO CHAPTER Z11, PLATTING ORDINANCE �STABLISHING SECTION 211,045 "ZERO LoT LtN�s" FOR .JULY 12, 1982, .,, 4 Public Hearing set for July 12, 1982. To be refered to Community Development Commission and Planning Commission for their comments ACTION NEEDED: Make arrangements for public hearing and forward to Commissions for their comments as requested � ., C� �VEW BUSINESS (CONTINUED) RECEIVING PLANNING COMMISSION MINUTES OF MaY 18, 1982 , , , , , , , , , , , , , , , , , , , , , , 5 - 5 V A. Consideration of a request for a Special Use Permit, SP #82-05 to allow construction of detached garage in CRP-2 zoning .................................. 5D - 5E 7921 Riverview Terrace, Joy Anderson & 5J - 5L Planning Comm. Recommendation: Approval Council Action Needed: Consideration of recommendation Approved PUBLIC WORKS ACTION NEEDED: Inform applicant of Council approval B. Consideration of a request for Special Use Permit, SP #82-06 to allow automatic teller machine in enclosed building, 755-53rd Avenue (Target parking lot), Northwestern National Bank by Kenyon Blunt........ 5E - 5H P.C. Recommendation: Approval with stipulation & 5M - 5Q Council Action Needed: Consideration of recommendation Approved for five year period PUBLIC WORKSi ACTION NEEDED: Inform applicant that SUP has been approved for five year period C. Item from Appeals Commission Meeting of May 11, 1982 Consideration of Variance Request to Allow Intallation of a 36 square foot free standing sign, 1160 Fireside Drive, Tam's Fireside Rice Bowl ......................... 5R - 5V A�ppeals Comm. Recommendation: Approval Council Action Needed: Consideration of recommendation Approved BLIC WORKS; ACTION NEEDED: Inform applicant of Council approval INSTRUCTI�NS TO HUMAN RESOURCES COMMISSION REGARDING �OMMUNITY $ERVICE �RGANIZATIONS� FUNDING FOR 1983� �� 6 City to get out of funding resources for agencies , PUBLIC WORKS ACTION NEEDED: }�orwar d excerpt of Councfl mifiutes of June 7, 1982 regarding this ttem to Human Resources Commtssi'on and to staff inem6er for tF�eir information , so they can see Council discussion and motion. FIRE DEPT. iPUBLIC WORKS CENTRAL SERV CENTRAL SERV Co (�EW BUS I ��ESS : CONSIDERATION OF EXPANDED �IUTUAL AID AGREEMENT WITH $PRING L.AKE PARK. . . � � . � � . � � . � � � � . � 7 - 7 E Approved ACTION NEEDED: Have agreement executed and forward to appropriate parties CONSIDERATION OF STIPULATION OF DISMISSAL — LEIGH INVESTMENT, INC� � � � � , � � . � � � � � � � � � � � � H — g C Approved signing of stipulations and requested notices be sent ACTION NEEDED: Have stipulation of Dismissal executed and notify._.: persons who were notified of Special ilse Permit hearing of final action CONSIDERA7ION OF A RESOLUTION RECITING A PROPOSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT r�CT, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF �NERGY, PLANNING AND DEVELOPMENT OF 7HE STATE OF P'IINNESOTA AND AUTHORIZING THE PREPARATION OF iVECESSARY DOCUMENTS AND PiATERIALS IN CONNECTION WITN SAID PROJECT �G.►�I. PASCHKE PROJECT II)� �� g— 9 D Resolution No. 46-1982 adopted ACTION NEEDED: Inform G.W. Paschke he can proceed upon preliminary approval, and come back for final approval when appropriate. CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST. 1979-4 �STORM ' SEWER PORTION) � , � � � � � � � � � � � . � � � � � � � ZO - 10 A Resolution No. 47-19$2 adopted AC7ION NEEDED: Proceed with assessment roll COUNCIL �EETING, �UNE �, 19 NEW BUSIhESS iCONTINUED) CONSIDERATION OF A RESOLUTION APPROVING PERMIT APPLICATION FOR CONNECTION TO M��CC FACILITIES AND APPROVING CONNECTION FOR TOTINO POND IMPROVE— MENT , , , , , , , , , , , , , , , , , , , , , , , , , , 11 - 11 B Reso�ution No. 48-1982 adopted PUBLIC WORKS ACTION NEEDED: Proceed with application and connection for pond improvement �UBLIC WORKS � 'UBLIC WORKS �UBLIC WORKS CONSIDERATION OF A RESOLUTION TO ENTER INTO AGREE— MENT 6OS5g WITH MNDOT FOR INTERSEGTION I`IIDENING AT �3RD AVENUE AND UNIVERSITY r�VE� �V�E� �� Resolution No. 49-1982 adopted ACTION NEEDED: Nave agreement executed and forwarded to MnDot CONSIDERATION OF A RESOLUTION TO ENTER INTO AGREE-- MENT N0� 6O6Og WITH P��NDOT FOR TRAFFIC SIGNAL AT �3RD AVENUE AND �JNIVERSITY AVENUE P��E� � � � � � � � Resolution No. 50-1982 adopted ACTION NEEDED: Have agreement executed and forwarded to MnDot � n 12 - 12 U 13 - 13 F RECEIVING BIDS AND AUTHORIZING AWARD OF CONTRACT AFTER STATE EXECUTES CONSTRUCTION AGREEMENT , (ST, 1982-? & 2)��IDS OPENED 5/1$/$Z, 11 A,M,), ,.,, 1� - 1� A Received bids and awarded contract io low bidder, McCrossan contingent upon approval of state agreement ACTION NEEDED: Have state agreement executed, notify all bidders of Council award of contract . � NEW EUSINESS �CONTINUED) RECEIVING BIDS AND AWARDING CONTRACT FOR WATER AND $EWER PROJECT No, 136 tBIDS OPENED 5�I9IgZ AT 1: 30 P . M . ) , �.� . , �, . , �, , , . , , , , , , , �, , , , 15 - I5 B Received bids and awarded contract to low bidder, McGuire Mechanical Service BLIC WORKS ACTION NEEDED: Notify all bidders of Council award CONSIDERATION OF A RESOLUTION AUTHORIZING A PROJECT UNDER THE P�1NNESOTA P'iUNICIPAL INDUSTRIAL DEVELOPMENT ,�CT AND THE ISSUANCE OF P�EDICAL CLINIC REVENUE �ONDS TO FINANCE THE PROJECT iCOLUMBIA PARK PROPERTIES). . . � . � . � � , . � � � . � � � � � � � , 16 - 16 E Resolution No. 51-1982 adopted SERV. ACTION NEEDED: Inform Columbia Park Properties of Council approval of project and issuance of bonds LI CEPJSES . , , , �,� , , , , , , , , , , , , , , , , , , , 17 - 17 D Approved ENTRAL SERV. ACTION NEEDED: Issue licenses CLAIMS� � Approved ENTRAL SERV. ACTION NEEDED: ,,,,,,,,,,,,,�,,,,,,,�,. 18 Pay claims ESTIMATES, �,� , , . , . , , , �,� , . , , . , , , . , , . 19 - 19 A Approved ENTRAL SER11. ACTION NEEDED: Pay estimates COUNCIL MEETING, �UNE �, 1�$ COMMUNICATIO�S; FRIDLEY YOUTH SPORTS ASSOCIATION; REQUEST FOR NO PARKING SIGNS� � . � � � � � � � � � � � . � � � . . . � ZO Request approved, but encourage persons to use school parking lots ACTION NEEDED: Put ap no parking signs as requested, but encourage use of school parking lots Coordinate with Police if necessary TIGER HOCKEY BOOSTER CLUB: REQUEST FOR NO PARKING $IGNS� � �� .� � � � � � � � � � � � � 21 Request approved, but encourage persons to use school parking lots BLIC WORKS ACTION NEEDED: Put up no parking signs as requested, but encourage use of school parking lots Coordinate with Police if necessary I RESOLUTIDN N0. 52-1982 SUPPORTING FREEZE ON NUCLEAR WEAPONS Resolution adopted ITY MANAGEME T ACTION NEEDED: Forward resoiution to t1.S. President and ourtl.S. Senators and Representatives ADJOURN: 9:55 P.M. , - �' �� FRlDLEY CITY COUNC 1 L J�l�;E 7,� 1932 �- 7; 30. P, M, PLEDGE OF !�LLEGIAyCE; APPROVAL OF MINUT�S;� �OUNCIL MEETING, iiAY 17, 1�b2 BOARD OF REVIEW MEETING, !��AY Z4, 1982 COUNCIL MEETING, NiAY Z4, 1�g2 ADOPT I �N OF AGE�lDA ; OPEi� FCRUP�, V I S IT��S : G �CONSIDERATION OF ITEMS NOT ON AGENDA - 1� MINUTES) PUBLIC HEA�INGS: PUBLIC �iEARING ON ASSESSMENT FOR ST, 1979-4 STREET IMPROVEMENT PROJECT �STORM SEWER PORTIOfV). � � � � � � � � 1�- 1 A COUNCIL M�EETING, �UI PUBLIC HEARINGS CCoNTr.NUEn) PUBLIC HEARING ON PROPOSED PROJECT FOR ISSUANCE OF $�OO,OOO INDUSTRIAL DEVELOPMENT REVENUE BONDS TO G�w� PASCHKE PROPERTIES ��DER THE MINNESOTA r�UNICIPAL INDUSTRIAL DEVELOPMENT ACT, P•�1NNESOTA STATUTES, CHAPTER 474 (G�W� PASCHKE PROJECT II)� .�� 7 � PUB�IC HEARING ON FINAL PLAT, PS #8Z-01, DOTY� �'�ELLNER ADDITION, I��G� DOTY AND GARY I"+E�LNER. �� 3- 3 � NE�� Bt1S I NESS : CONSIDERATION OF SETTING A PUBLIC IiEARING FOR CHANGE TO CHAPTER Z1.�, PLATTING ORDINANCE �STABLISHING $ECTION 211��5 "ZERO �OT �INES" FOR �ULY I2, 1982� �� 4 , OUNC �EW �USINESS iCONTINUED) RECEIVING PLANNING COMMISSION MINUTES OF "1aY 18, 1982 , , , , , , , , , , , , , , , ,- , , , , , , 5 - 5 V A. Consideration of a request for a Special Use Permit, SP #82-05 to al7ow construction of detached garage in CRP-2 zoning .. ...... ........................ 5D - 5E 7921 Riverview Terrace, Joy Anderson & 5J - 5L Planning Comm. Recommendation: Approval Council Action Needed: Consideration of recommendation B. Consideration of a request for Special Use Permit, SP #82-06 to allow automatic teller machine in enclosed bui7ding, 755-53rd Avenue (Target parking lot), Northwestern National Bank by Kenyon Blunt........ 5E - 5H P.C. Recommendation: Approval with siipulation & 5M - 5Q Council Action Needed: CQnsideration of recommendation C. Item from Appeals Commission Meeting of May 11, 1982 Consideration of Variance Request to Allow Intallation of a 36 square foot free standing sign, 1160 Fireside Drive, Tam's Fireside Rice Bowl ......................... 5R - 5V Appeals Comm. Recomme�dation: Approval Council Action Needed: Consideration of recommendation INSTRUCTIONS i0 HUMAN RESOtIRCES COMMISSION REGARDING �OMMUNITY $ERVICE �RGANIZATIONS� FUNDING FOR 1983� .�� 6 , l�CW �US I ��ESS : CONSIDERATION OF EXPANDED �'JUTUAL AID AGREEMENT WITH $PRING LAKE PARK� � . . � � � . . . � , . � � , . . % - % E _ CONSIDERATION OF STIPULATION OF DISMISSAL - LEIGH INVESTMENT� INC. . . , . . � , . � . . . . . � . � , � , g - $ C CONSIDERATION OF A RESOLUTION RECITING A PROPOSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT, GIVING PRE�IMINARY APPROVAL TO THE PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT r�CT, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO TNE COMMISSIONER OF ENERGY, PLANNING AND DEVELOPMENT OF THE STATE OF P�1NNESOTA AND AUTHORIZING THE PREPARATION OF iVECESSARY DOCUMENTS AND P'iATERIALS IN CONNECTION WITH SAID PROJECT �G.i�I. PASCHKE PROJECT II)� ��,��, 9- 9 D CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST, 1979-4 (STORM ' $EWER PORTION) � , � � . � � � � � � � � � � � � � � � � 1� - 10 A �OUNCIL �EETING, �UNE %, 1982 NEW B�SIhESS (CONTINUED) CONSIDERATION OF A RESOLUTION APPROVING PERMIT APPLICATION FOR CONNECTION TO M��CC FACILITIES AND APPROVING CONNECTION FOR TOTINO POVD IMPROVE- MENT � � � � � � � � � . � � � � � � � � � � � � . � � � II - il B CONSIDERATION OF A RESOLllTION TO ENTER INTO AGREE- MENT 6Og5g WITN MNDOT FOR INTERSECTION �"lIDENING AT %3RD AVENUE AND UNIVERSITY AVE� iV�E� .�� IZ - IZ iJ CONSIDERATION OF A RESOLUTION TO ENTER INTO AGREE- MENT N0� 6O6Og WITH MNDOT FOR TRAFFIC SIGNAL AT %3RD AVENUE AND ��NIVERSITY AVENUE ��E� � � � � � � � , 13 - 13 F RECEIVING BIDS AND AUTHORIZING AWARD OF CONTRACT AFTER STATE �XECUTES CONSTRUCTION AGR�EMENT , (ST, 1982-1 & 2)(Btns OPENED 5/Ig/SZ, 11 A,M,), ,,,. 14 - 14 A 101 THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETIN6 OF MAY 17, 1982 The Regular �leeting of the Fridley City Council was called to order at 7:30 p, m. by M�yor Nee. PLEDGE OF ALLEGIANCE: .-' Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: � MEMBERS PRESENT: Councilman Fitzpatrick, Councilman Hamernik, Mayor Nee, Councilman Schneider and Councilman —` Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES - COUNCIL MEETING OF MAY 3 1982; MOiIOW by Counci7man Barnette to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, hiayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTIO�J by Councilman Schneider to adopt the agenda as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS: � 1 PUBLIC HEARING ON REZONING REQUEST ZOA #82-02, TO REZONE FRDM C-15 � TO C-2S TO MAKE ZONING CONSISTENT WITH USE, E520, 6530 AND 6536 E ST �tOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the pub]ic heari�g. Seconded by Councilman Barnette. Upon a voice vote, all voting a�ye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:35 p, m. Mr, Flora, Public Works Director, stated three parcels are involved in this rezoning request, shown as Tract B, C, and D, on a map which was displayed. Mr. Flora stated Tract B is vacant property, the #1 Health Club is located on Tract C, and a gas station is located on Tract D. He explained when the #1 Health Club requested its building permit, it was determined a health ciub was a perrii:tted use in a C-1S zone, however, it has been found that it is operating as a massage parlour and, therefore, should be in a C-2S zone. He further stated the gas station is also a legal non-conforming use as a result of past changes in the zoniog code. f4r. Flora stated there was a great deal of discussion when this � rezoning request was before the Pianning Commission. He stated they felt,,normally, a rezoning is done prior to the use being � initiated and, since the owners of the #1 Health Club and the gas station were not present at the Planning Commission meeting. the Planning Comnission recomnended deniai of�the reioning. .- �- . lU� COUNCIL MEETING OF MAY 17, 1982 PAGE 2 Mr. Robert Schroer, 490 Rice Creek Boulevard, stated he is the owner of Tracts B and C and, at the present time, has a contract for sale for both of these parcels. He stated he is not invotved with the�il Health Club and when he sold them the property, he didn't know what operation was going in there. Mr. Schroer stated the City staff came to him as a fee owner, and asked him to submit a rezoning request for Tract C, as he understands this business requires a different zoning than what presently exists.. He _� stated he did apply for this rezoning to conform to the zoning 1aws, but understands the contract owners don't w.ant it rezoned and the — ; owner of the gas station, located on Tract D, doesn't care if it is rezoned or not as his operation has been grandf�thered in as a legal non-conforming use. Mr. Schroer stated, if fiis contract buyer doesn't need the rezoning, he would like to withdraw the�request. Mr. Bill Sledz, 321 University Avenue S. E., stated he was the contr.act purchaser for Tract B and was opposed to the rezoning. He stated he also represe�ts the owners of Tract A on which the apartment complex is located. Mr. Dan Kluiquismelt, 6420 Riverview Terrace, stated he didn't appreciate the health spa located on Tract C and questioned if it was operating improperly under the present zoning Mayor Nee stated the discussion of the present use is not relevant, but the question is, basically, the land, and whether it should be used for heavy commercial or a lighter canmercial use. • Mr. Herrick, City Attorney, explained the types of uses within various zoning districts are not absolutely or precisely outlined. He stated the zoning code describes certain types of zoning and indicates certain uses allowed, but it is impossible to list every conceivable use, however, there is a statement contained in the wording that other types of uses may be included. Mr. Herrick stated the question of whether the massage parlour belongs in C-1S or C-2S zone isn't addressed in the zoning code, however, the difference in the zones is that C-15 is for neighborhood comnercial uses and C-2S is more for shopping center uses. He stated it is the position of the City staff that massage parlour belongs in a C-25 zone. Mr. Herrick stated the City has convened litigation to have that question answered by the court and th�matter is now pending. He stated.it is the Gity's position they don't have the proper zoning and the owners are also challenging a recent ordinance adopted by the Council controlling massage parlours, and this matter is also pending in court. Mr. Richard Harris, 6200 Riverview Terrace, asked if the owners of the massage parlour on Main Street, which is located in an M-2 zone, were asked to have the property rezoned. Mr. Herrick stated there was some litigation, however, he doesn't recall the exact details, but there was a finding on the part of the court that the operator of the massage parlour on Main Street was not guilty of a criminal offense for operating the massage parlour in an industrial area. Mr. Herrick stated the litigation in court pertaining to challenging the ordinance applies to this massage parlour on Main Street as well as the � one on East River Road. He stated he is hopeful the court will determine the ordinance is valid and if this is the case, he feels they have enough enforcement provisions to curtail and supervise the activities to a substantial degree. �,'` __..__..__ ..._.. ____1._. _._ . 103 COUNCIL MEETIN6 OF MAY 17, 1982 PAGE 3 Mr. Jim Glaser, 16 Rice Creek Way, questioned why the Council let such an operation exist in the City. He stated it is becomi�g'�a very unpopular circumstance and a lot of peopie are taTking about it. He feit it is in bad taste for the corrmunity and a'"b]ack eye" for the members of the Counci7. Counci]man Bar�ette stated the whole matter started as a request to build a health club. He stated, after the building had been constructed, all the.Counci] members received a]ot of calls when it was found qut a massa9e parlour was operating. He feels the City has taken the proper action, through the courts, and felt with the due process of law, this will be handled. Councilman Barnette stated if someone comes into the city as a legitimate business, the Council doesn't legally have a right to keep them out, but if they are not operating a legitimate business, this would be another consideration which is now proceeding through the courts. Ma�yor Nee felt every member of the Council shares Councilman Barnette's view. Fir. Schroer stated he was toTd when he sold the property, the operation was going to be a health club and all the Council was told the same thing. No other persons in the audience spoke regarding this rezoning request. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Namernik. llpon'a voice vote, ai7 voting �ye, Mayor Nee declared the motion carried unanimously.and the public hearing closed at 8:05 p, m. � This requesting rezoning application was later withdrawn by Mr. Schroer-- see item No. 17. ! �, PUBLIC HEARING ON THE ASSESSP1ENT FOR STREET IDiPROVEPIENT PROJECTS ST. 1981-1 l ND ST. 1981-2: � 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, Ma�yor Nee declared the motion carried unanimousiy and the public hearing opened at 8:05 p. m, Mr. Flora, Public Works Director, stated the Madison Street improvement is to be assessed to Unity Hospital at a total cost of $18,184.72. He stated Park Drive (south extension of Canmerce Circle East) had a total cost of $18,P50.00 with three-fourths of the cost assessed to the east side of the street and one-fourth of the cost assessed to the west side of the street. Mr. Flora stated only the concrete curb on 69th Avenue is being assessed to the residential property owners on the south side of the street, and Medtronics will be assessed for the remaining one half of the street and all the concrete curbing on the north side of the street. Councilman Barnette asked if the residents in the area of the Comnunity Park were notified of the plans for the extension of the street west from the stop light on 69th Avenue. Mr. F1ora stated drawings were provided which showed the design for that extension and construction wi11 be done this year. � Mr. Richard Harris, 6200 Riverview Terrace, asked if Beech Street, Elm Street,and Matterhorn Drive would be assessed. He was advised that these were overlay projects and were not being assessed. ' l�4 COUNCIL MEETING OF MAY 17, 1982 PAGE 4 Mr. Harris asked if they were planning to overlay ?8th Street under Project 1982-1. Mr, flora stated this would be done this �ear and the overlay would not be assessed. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting �ye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:15 p. m. � OlD BUSINESS� � L� ORDINANCE ��0. 750 AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE BY ADDING SECTION 205.23 ENTITLED S-2 SPECIAL DISTRICT: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 750 and adopt it on the second reading and order publication. Seconded by Councilman Barnette. Upon a voice vote, all voting a�ye, Mayor Nee declared the motion carried u�animously. 3 ORDINANCE NO^T751^ON'REZONINf REQUEST ZOA #82-03, TO AF1END THE CITY MOTION by Councilman Fitzpatrick to waive the second reading of Ordinance No. 751 and adopt it on the second reading and order publication. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee dec7ared the motion carried unanimously. 5 SECOP�D READING OF AN QRDINANCE TO AEIEND THE CITY CODE OF THE CITY OF Councilman Schneider stated he understands that Ms, Nybo is not able to complete her requirements, therefore, he has contacted Mr, Burandt who has requested the Council table action on this item for another month. P10TION by Councilman Schneider to table this for one month. Seconded by Councilman Fitzpatrick. Upon a voice�rvote, all voting aye, Mayor tJee declared the motion carried unanimously. b CONSIDERATION OF APPOINTMENTS TO HOUSING AND REDEVELOPMENT AUTHORITY AND ENERGY COMMISSION 7ABLED 2/1 82 AND 513j82 : 6 pHOUSING AND REDEVELOPMENT AUTHORITY: Mayor Nee stated he wished to appoint Walter Rass�son, 7806 Alden Wdy, to the Housing and Redevelopment Authority. He stated Mr. Rasmussen is President of the Northeast State Bank, and felt he would bring a� important financial background to the Housing Authority. MOTIOid by Councilman Schneider to concur with Mayor Nee's appointment of Walter Rasmussen to the Housing and Redevelopment Authority. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. V "'ENER6Y COMMISSION: MOTION by Councilman Hamernik to nominate Todd Tessmer, 6980 Channel Road, for appointment to the Energy Comnissio�, Seconded by Councilman Barnette. There being no further nominations, the nominations were closed by Mayor Nee. . ► � � 105 COUNCIL FIEETING OF MAY 17, 1982 PAGE 5 MOTION by Councilman Schneider to cast an unanimous ballot for Todd Tessmer for appointment to the Energy Comnission. Seconded by Council- man Hamernik. �pon a voice vote, al] votirtg aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: ` RECEIVING•PLANNING CONPIISSION MINUTES OF MAY 5, 1982: � A SORT BANNER FOR RECYCLING WEEK: '' M�yor Nee stated they have a request from SORT to pay half the cost of a banner placed across Mississippi Street in support of Recycling Week. He stated the Pianning Commission has recommended approval for the City to pa�y half this cost. M07ION by Counci]man Fitzpatrick to concur with the recortunendation of the Planning Comnission to pay half the cost of the banner for RecycTing Week. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. rI B SORT OIL RECYCLING: Mayor Nee stated the City has established an oil recycling service at the Recycling Center which was initiated to serve the residents of the City. He stated the recycling concept is promoted by SORT and it was felt this promotion contributes to the fact that the oil dumpsite is placed at the center for recycling. M�yor Nee stated there is a proposal for the City to share the proceeds from the oil recycling with SORT, and this has been recomnended by the PTanning Commission. MOTION by Councilman Schneider to concur with the recomnendation of the P]anning Commissior► for the City to share 50/5Q in future used oii recycling profits with SORT, after the City captures the costs incurred in purchasing and installing the faciTity. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting a�ye, Mayor Nee declared the motion carried unanimously. '. MOTION by Councilman Barnette to receive the minutes of the Planning _. Comnission Meeting of May 5, 1982. Seconded by Councilman Schneider. upon a voice vote, a11 voting dye, Mayor Nee declared the motion carried unanimously. 0 y � RECEIVING CATV COhiMISSION FIINUTES OF APRIL 22, 1982: MOTION by Councilman Fitzpatrick to receive the minutes of the Cable 7elevision Commission Meeting of April 22, 1982, Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. George Halvorson, President of First Corporate Services, Inc., appeared before the Council regarding this request for a public hearing on a proposal for an industrial facilities development project. � ].0 G COUNCIL MEETING OF MAY 17, 1982 PAGE 6 tir. Halvorson stated Mr. Paschke plans to construct a 17,300 square foot industrial building in the vicinity of 79th Avenue and Ranchers Road. Ne felt when the facility is completed, it would employ 16 to 25 persons. Mr. Halvorson stated the necessary bond and documents have been su6mitted for review and requested a pub7ic hearing be set for June 7,?1982. MOTION by Councilman Hamernik to adopt Resolution No. 42-1982, and set the public hearing for June 7, 1982. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Matyor Nee declared the motion carried unanimously. 1 O RESOLUTION N0. 43-1982 CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECTS ST. 1981-1 AND ST. 1981-2: MOTION by Councilman Schneider to adopt Resolution No. 43-1982. Seconded by Councilman Fitzpatrick, Upon a voice vote, all voting aye, Mayor Nee decla red the motion carried unanimously. 11 MOTION by Councilman Fitzpatrick to adopt Resolutions No. 44-1982 and 45-1982. Seconded by Councilman.Schneider. 'Upon a voice vote, all voting aye,, htayor Nee� declared the mo�ion carried unanimously. 1� CONSIDERATION OF TRAILER LICENSE FOR VIKI��G CHEVROLET 7501 HIGHWAY N0. 65: Mr. Don Brandvold, Truck Manager for Viking Chevrolet, appeared before the Council regarding this request for a trailer license. Mr. Brandvold explained they are getting into the truck sales business and want permission to use a trailer for a sales office. He explained this would be something new and they didn't want the expense, at this time, of constructing a permanent building. Mayor Nee stated he noted the license application was for an indefinite period of time, but felt there should be a time specified, as he would be uneasy about allowing a permanent business to use this trailer. Mr. Brandvold stated he didn't have a problem with stipulating a certain period of time for the license. Mr. F1ora, Public Works Director, stated staff felt concrete bumper blocks should be installed around the trailer in order to protect it. Mr. Brandvold.stated he has used a similar trailer before and hadn't had any problem with the parking. Mr. F1ora stated possibly the porch would protect the front of the trailer. He further stated, however, the existing signs should be maintained and perhaps repainted. Mr, Brandvold stated they are in the process of obtaining quotations for repainting the signs. MOTION by Councilman Schneider to grant the license for the house trailer, to be used as an office by Viking Chevrolet, for a period of two years, with the potential of a one year extension, with the stipulation that the signing be maintained and upgraded as required; that additional screening and landscaping be used On the west and south boulevards or as worked out with the City staff; and that vehicle parl;ing should be maintained five feet from all fencing, buildings, and the new trailer. Seconded by Councilman Fitzpatrick. Upon a��voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 107 COUNCIL MEETING OF MAY 17, 1982 1 3 CONSIUERATION OF JUNK YARD LICENSES: PAGE 7 Mr. Flora, Public Works Director, stated they have sent �etters under date of May 17, 1982 to the owners of Central Auto Parts, Sam's Auto . Parts, Bargain Auto Parts and the Salvage Center informing them what improvements were needed to insure compliance with the City Code and were to be completed prior to renewal of their 1983 license. Mr. Flora stated, in addition �o sending the letters, these items were � also discussed with the owners, and they were present this evenine to answer any questions. 1 e, A CENTRAL AUTO PARTS & C. A. P.: Mr. Tom Flaherty, representing Central Auto Parts, and C. A. P. (Chies Property), Central View Manor, Block 2, Lots 6-8, eppeared before the CounciT regarding the items outlined in the letter dated May 17, I982 from Mr. Kent Hill of the City staff. Mr. Flaherty stated he would agree with all the items outlined in this letter, but wondered about the pian concerning soil and water contamination. He questioned if other businesses are required to supply this information. Mr. Flora, Public Works Director, stated other businesses will�be requested to provide the same info rrnation, and this came as a result of contaminants. into Norton Creek. He explained the City is responsible for complying with the Rice Creek Watershed District's regulations, therefore, this plan is requested in order to control the water run-off, Mr. Flaherty stated he already had a study done, but didn't want this license tied in with the Rice Creek Watershed District requirements. Councilman Barnette asked if other businesses were asked to meet the � same provisions requested from Central Auto Parts. Mr. Flora stated , any new development that takes place in the City now requ�res a surface � water management plan. Councilman Schneider felt the point raised of tying this requ�rement into the license renewal is pretty valid. hir. Flaherty stated on his test report, the pollutants were less than two parts per million on the soil tested.. He stated they were checking mainly for oil pollutants, and felt there is more pollution on the street than what is coming from his property. Mr. Fiaherty stated if he was asked by the City to submit a pian, he would be willing to do it, but didn't want the requirements of the Rice Creek Watershed District tied in with the issuance of his Ticense, as he felt they do not keep accurate reports. Mayor Nee asked if it would be acceptable to Mr. Flaherty to strike the reference to the Rice Creek Watershed District regulations, under Item 9, in the Ma�y 17 letter. Mr. Flaherty stated tfiis would be acceptable to him. Councilman Schneider stated he visited Central Auto Parts several weeks ago and it looks like they are working on these items and appreciated � the example they were setting. �• , f COUNCIL MEETING OF MAY 17, 1982 pq�E 8 M07ION by Councilman Schneider to approve the license for Central Auto Parts with the stipulations indicated in Mr. Hill's letter to Mr, Flaherty dated Mdy 17, 1982 and modification of Item 9#�o read as follows: "Submit plan to the City to insure that no soil or water contamination occurs by providing control of water run-off". Seconded by Councilman Hamernik. Upon a voice vote, all voting dye, Ma�yor Nee declared the motion carried unanimously. Mr. Flaherty also spoke +in reference to tfie license for C.A.P, jCentral Auto Parts) at Central View Manor, Block 2, Lots 6-8 (Chies Property), He stated he would like to withdraw his request for a license at this location. MOTION by Councilman Schneider to table this junkyard license for C. A. P, at Central View �lanor, Block 2, Lots 6-8, as requested by Mr. Flaherty. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 �� B SAM'S AUTO PARTS AND BARGAIN AUTO PARTS: Mr. Harold Haluptzok, owner of Sam's Auto Parts and Bargain Auto Parts, stated he has discussed the items outlined in Mr. Hill's letter of May 17, 1982.regarding these two business operations, and they have a substantial agreement regarding the improvements. Mr. Haluptzok stated he would like to request. however, a 10 foot fence instead of an 8 foot fence for Sam's Auto Parts. He further stated, in reference to Bargain Auto Parts, he had dedlt with Mr. Deblon of the City staff last year and, basically, had a two year plan for improvements and what is outlined in the staff`s letter of May 17 was in their plan. MOTION by Councilman Schneider to approve the license for Sam's Auto Parts with the stipulations indicated in Mr. Hill's letter dated M�y 17. 1982 and with modification of Item 15 to read as follows: "Submit plan to the City to insure that no soil or water contamination occurs by providing control of water run-off". Further, to authorize a 10 foot fence rather than a 8 foot fence. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to approve the license for Bargain Auto Parts with the stipulations indicated in Mr. Hill's letter dated May 17, 1982 and with modification of Item 11 to read as,follows: "Submit plan to the City to insure that no soil or water contaminatian occurs by • providing contrnl of water run-off". Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried ' unanimously. 1 �� C SALVAGE CENTER: Mr. Flora, Public Works Director, stated the items outlined in Mr, Hill's letter of May 17, 1982 were reviewed with Mr. Dowds, the owner, and he had no problem with.these requirements. MOTION by Councilman Fitzpatrick to approve the license for the Salvage Center with the stipulations indicated in Mr. Hill's letter of Ma�y 17, 1982. Seconded by Councilman Schneider. Upon a voice vote, all voting �ye, Mayor Nee declared the motion carried unanimously. : ! `� � . -- - - _. - __ _ ___ ._ _ _ �_ , . ., 109 COUNCIL MEE7ING OF MAY 27, 1982 PAGE 9 �,� LICENSES: MOTIOPii by Courtcilmart Fitzpatrick to approve the licenses`-es submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voti�g a�ye, Mayor Nee declared the motion carried unanimously. 1 5 CLAIMS: � � MOTION by Councilman Schneider to authorize payment of Claims No.��22F22 � through 133Z07. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Ma�yor Nee declared the motion carried unanimously. 1 � ESTIMATES• MOTION by Councilman Barnette to approve the license as submitted. E. A. Hickok & Assoc., Inc. 545 Indian Mound Wayzata, MN 55391 Professiona7 Services - April, 1982 Moore Lake Restoration Project $ 3,466.08 Haivorson ConstrucLion Co. -- 4227 - 165th Avenue N. E. � Wyoming, MN 55092 Partial Estimate No. 1 1982 Misc. Concrete Curb & Gutter Project $16,974.30 l Herrick & Newman 6279 University Avenue, N. E. Fridley, D1N 55432 For legal services rendered at City Attorney for the month of April, 1982 $ 4,478.30 Smith, Juster, Feikema, Malmon & Haskvitz 1250 Builders Exchange Building Minneapolis, MN 55402 For legal services rendered as City Prosecutor for the month of April, 1982 $ 4,425�00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CO��SIDERATION Of REQUEST MADE THIS EVENING BY MR SCHROER FOR WITHORAWAL � OF REZONING APPLICATION, ZOA #82-02: MOTION by Councilman Schneider to receive and approve Mr. Schroer's request for withdrawal of Rezoning Application, ZOA #82-02, and authorize the refund of the application fee. Seconded by Councilman Fitzpatrick. 110 COUNCIL MEETING OF MAY 17, 1982 PAGE 10 Upon a voice vote, all voting aye, Mayor Nee declared the motion carried . unanimously. r" ADJOURNMENT: MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.and the Regular Meeting of the Fridley City Council of May 17, 1982 adjourned at 9:20 p. m. Respectfully submitted, ' 4 Carole Haddad William J. Nee Secy. to the City Council Mayor Approved: � u � 1 111 THE MINUTES OF THE B�1RD OF REVIEW Of THE CITY OF FRIDLEY, MINNES07A MRY 24; 1982 The Meeting of the Board of Review was called to order by Mayor Nee at 7:32 p, m. PLEDGE OF ALLEGIANCE: Mayor Nee led the members of the Board of Review and the audience in the Pledge of Allegiance to the Flag, � ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Hamernik and Councilman Fitzpatrick MEMBERS ABSE��T: Councilman Schneider Mayor Nee stated the purpose of this meeting is for the Council to meet as the Board of Review in regard to questions raised by property owners on the market value established for properties in the City. He stated aRy questions property owners ma�y have regarding the value placed on their property should be raised at this meeting. Mr. Sid Inman, City Clerk, stated this year there were a number of questions from the property owriers regarding taxation in the City. He stated some of the taxpayers had the idea the City could levy taxes as they wished, however, this is regul�ted by a law passed by the Legislature. , Mr. Inman also pointed out that in 1982, the homestead credit did not rise and the effect this has is, as taxes increase, the taxpayer's share also increases. � Mr. Irrnan stated the assessed value, based on market value, is set by State law. He further stated the City's miTl levy is appTied to the entire City, but there is a significant difference in the levy for school districts within the City. Mr: Herrmann, City Assessor, stated each year the City has to physically reappraise at least 25� of all properties, and this year that area was between Mississippi Street and 69th from the east boundry to the rail- road tracks and west of the railroad tracks fran 61st to just north of Rickard Road. Mr. Herrmann stated they are also required to re-evaluate property where any improvements have been made. Mr. Herrmann thanked the Council for taking the initiative to meet as the Board of Review as some comnunities have appointed other persons to undertake this task. He stated he believed the Council has an under- standing of both the Assessor's position and the taxpayers' position. Mayor Nee stated the power of the Board of Review mainly relates to whether or not the value placed on a person's property fairly reflects the market value. He stated if, after this meeting, the propRrty owner is not satisfied with the Board's decision, they will have the right to appeal to the County and possibly th E state. � MR, WILLIAM DOYLE - 6551 OAKLEY DRIVE: �1r, Doyle stated he purchased his home about nine months ago for $95,000 and the list pri�e was $100,000. He stated in discussions with the realtor, who represented the sellers of his home, he was to)d the market value placed on the home was from $94,000 to $96,000. ii� MINUTES OF THE BQARD OF REVIEW PAGE 2 He stated he has a current estimate from a realtor saying the house would sell, at most, for $100,000. He stated he has tw�n official documents to this effect if the Council wished to revi�w them. Mr. Doyle stated the Assessor's value placed on his home is $98,700 whicfi is nearly 100X of the market value. He stated he was told the assessor's value is 85% to 90% of the market value. Mr. Doyle felt the calculations to establish the value were made based on a formula and the location was not considered. He stated he was told his home would seil for more if it was in a different location.. He pointed out the average assessed value of homes in his area is $61,800. Mr. Herrmann stated he had talked with Mr. Doyle and the average value of the homes in the area is $61,800, however, another hane has a value of $g7,600. Mr, Herrmann stated the location was taken into consideration at the time the property was assessed which amounted to a lesser rate per foot. He stated the change in value from last year was from $98,700 to $99,700 or a$1,000 increase, and would recanmend the Gounty make an apprasial of this property. Mr.. Leone, County Assessor, stated they have a formal application from Mr. Doyle to review this property as of January, 19�1. He stated, if they come up with a reduction, it would be reflected in the 1982 assessment. Mayor Nee asked if �the Board of Review had the power to reduce the value. Mr. Herrmann stated it would be in their power to do this� if they so desired. MOTION by Councilman Hamernik to set the market value of the property at 6551 Oakley Street at $95,000. Seconded by Councilman Barnette. Upon a vorice vote, all voting aye, Mayor Nee decla red the motion carried unanimously. MR. WILLIAM TURNQUIST - 7601 BRIGADOON PLACE: Mr. Turnquist stated he felt he was not given a fair valuation on his home. He stated when he first recieved his notice regarding the assess- -- ment, he contacted the Assessor's Office and was told they might have miscalculated, however, he was later contacted and told all the figures did check out. Mr, Turnquist s�ated he purchased his�home over a year a90 and paid $91,900 and the market value is at $91,800 which is 99.9% of the price he paid for the home. He stated he was told the assessed value should be approximately 90% of the market value, and felt he should be assessed at 90% or 93% of the market value which would lower his Assessor's market value to approximately $85,000. Mr, Turnquist gave several comparisons of other homes in his area where the assessor's value averaged 87% to 90X of the purchase price of the home. Mr. Herrmann stated Mr. Turnquist's home is rated as a B- home and the homes in that area are very well built. � 113 MINUTES OF TNE BOARD OF REVIEW PAGE 3 He stated there is quite a fluctuation for the area, as one home is at 107% and one at almost 102%, and felt the value placed on Mr. Turnquist's home was a true market value. - MOTION by Councilman Fitzpatrick to r�efer the matter of the value placed on Mr. Turnquist's property at 7601 Brigadoon Piace to the City Assessor's Office for further review and report. Seconded by Councilman Barnette. Upon a voice vote, all voting a�ye, Mayor Nee declared the motion carried unanimously. � Mr. Madsen, uf the City Assessor's Office, stated there are a number of definitions of market value which would be that price in dollars agreed upon by a buyer and seller knowledgable of all the uses to which a property can be put and acting under no undue pressure. He stated a specific selling price wouidn't necessarily be recognized as market value, but if you get a cewtain number of sales on like prnperties, you can probably take an average. MR. WILFRED CHICHY - 6950 HICKORY DRIVE: It was noted that Mr. Chichy had made inquiry regarding the value placed on his property as he felt it was too high. MR. TONY N�CKLOW - GEORGE IS IN FRDDLEY; Mr. Toqy Nicklow, owner of George`is in fridley, stated their taxes have more than doubled in the last three years and would like to have this checked. He stated in 1978 the taxes were $10,300 and this year they were $21.100. � Mr. Herrmann, City Assessor, stated in 1980 there was an increase of $36,000 for new construction and in 1981, there was nothing new, but the value changed because of the new construction. He stated the value this � year increased only 3%. Mr. Herrmann stated what Mr. PJicklow is referring to is the taxes he is paying this year which is based on iast year's value, however, he did not come in last year to protest the value placed on the property. He stated the only way this could be changed is to go to the County for a review. Mayor nee stated the only thing the Board of Review can consider now is if the value for 1982 is a fair market value. Mr. Nicklow felt he would like this market value reviewed. MOTION by Councilman Fitzpatrick to refer this matter of the value placed on George's in Fridley to the City Assessor's Office for further review and report. Seconded by Councilman Hamernik. Upon a voice vote, all voting a�ye, Mayor Nee declared the motion carried unanimously. MR. BILL NICKLOW - SHOREWOOD INN: Mr. Nicklow stated every four years the City reviewed the value of the properties, however, every year they are assessed at a higher value and pointed out they haven't done any improvements in the last several years. Mr, Herrmann, City Assessor, stated every year they have to reassess 25% of the City, but the other 75% is also readjusted. � Mayor Nee asked Mr. Nicklow if he felt the value placed on his property of $483,700 was fair or if he wished to file a protest. Mr, t�ickiow stated he feit this was reasonabie artd wouldn't file a protest. 4 114 MINUTES OF THE BOARD OF REVIEW MR. DENNIS ROELKE - 8215 RIVERVIEW TERRACE: PAGE 4 Mr. Roelke stated he has six lots and what the City did�in 1982 was divide off two of the lots and called them a buildable lot. He stated he understands this isn't a buildable size in Fridley, and rro uld need a variance before he could possibly build on that lot. Mr. Qureshi, City Manager, stated the�•City has allowed construction : on 50 foot lots in the Riverview Heights area. Mr. Roelke stated these lots are his backyard and he doesn't want to build on any of it and was here to protest the fact that they have separated the parcel. Mr. Herrmann stated, basically, for ar�y changes by the Board of Review, Mr. Roelke should have been here last year. Mr. Roelke stated he wasn't aware he was being �axed separately until he received his tax notice. Mr. Herrmann stated Lots 23 through 26 were considered as one lot and Lots 21 and 22 were considered as a buildable lot, however, since they are not built on a 15% reduction was given. Ma�yor Nee asked how much of the value is the presumed building site. Mr. Herrmann felt if it was valued as one parcel, it probably would be $4,000 to $5,000 less than-the value placed on it as two separate building sites. � MOTI�� by Councilman Fitzpatrick to refer tfie matter of the value placed on the property at 8215 Riverview Terrace to the City Assessor's Office for further review and a repoxt. Seconded by Councilman Barnette Upon a voice vote, all voting �ye, Mayor Nee declared the motion carried unanimously. MR. P1IKE FALCO - 5605 W. BAVARIAN PASS: Mr. Falco siated his main objection is the 14� increase from 1981 to 1982 and pointed out it was done in a recessionary year when property values were going down and not up. Mr. Falco stated he paid $86,330 for his townhouse, but $4,650 of that was for items such as washer, dryer, etc, which is not included in market value of a home. Mr. Herrmann stated the values were $62,600 for 1982 and $71,300 for 1982. Councilman Barnette asked Mr. Falco if he would sell his home for $71,300. Mr. Fa1co stated he wouldn't like to, but if it was necessary for him to sell toda�y and he had to move, he didn't think he would get this price. Councilman Barnette stated what they are reviewing is if the value placed on his property is fair and equitable. Mr. Falco felt there shouldn't be another 6% increase after the increases of 14% fror,i 1981 to 1982 and a 28% increase in prior years. Mr. Falco stated he saw figures which showed 1982 sales of homes and out of these 25 sales, only five were appraised higher than his townhouse. - _....� . ,., :. <_ . �-, --,--- 115 MINUTES OF THE BOARD OF REVIEW PAGE 5 Mr. Madsen stated a significant factor in this study showed that values of properties are still going up in Fridley, even though there are fewer sales. Mh. Falco stated it seems ominous that out of these 25 sales, four-fifths are under $71,000. Mr. Qureshi, City Manager, stated Mr. Falco can seek review by the City's Assessing Department or could have a review by the County Assessor's Office. � Mr. Falco stated he didn't desire to go to the City again as they have already taken a stand. MOTION by Councilman Fitzpatrick to refer this matter of the value placed on Mr. Falco's property at 5605 W. Bavarian Pass to the County Assessor's Office. Seconded by Councilman Barnette. Upon a�.•voice vote, all voting aye, Ma�yor Nee declared the.motion carried unanimously. MR. LEIF HENRIKSEN - 6434 RIVERVIEW TERRACE: Mr. Henricksen stated he felt his home was overvalued by $7,400. He stated he wished to pay his fair share of taxes, but felt the value should only be $120,000. � Mr. Herrmann, Ci�y Assessor, stated he felt Mr. Henriksen's home was worth the value of $127,400�placed on his property. Councilman Barnette asked if anyone saw the'article in the paper on hla�y 20 on how cortmunities rank, as far as taxes, and pointed out that Fridley was one of the lowest in comparison with other communities. MOTION by Councilman Fitzpatrick to refer this matter of the value placed on the property at 6434 Riverview Terrace to the County Assessor for review. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mdyor Nee declared the motion carried unanimously. MR. ALBIN MYSLAJEK - 6430 RIVERVIEW TERRACE: Mr. Plyslajek stated he didn't want his taxes to go up next year and if this keeps up, he will have to move. �ldyor Nee pointed out the taxes aren't set at this meeting, but the Board of Review only determines if the value placed on property is a fair market value. Mr. h�yslajek stated he would like to request a review of his property and the value placed.on it. MOTION by Councilman Barnette to refer the matter of the value placed on Mr. Myslajek's property at 6430 Riverview Terrace to the City Assessor for further review and a repo rt. Seconded by Councilman Hamernik. Upon a voice vote, all voting �ye, Mayor Nee declared the motion carried unanimously. MR. JEROME BANICK - 1331 MEDOWMOOR: It was noted that Mr. Banick had made inquiry regarding the value placed on his property. MRS. RUIH NORTON - 1251 NORTODL: Mrs. Norton stated she was assessed for a basement which she does not have, but this matter had already gone to the County and she received a letter from them regarding a change in her valuation. — ,.�- - - - �.�. _ -� - .��, _ _�...__.. __.�._ 116 MINUTES OF THE BOARO OF REVIEW PA6E 6 Mrs. Norton stated the value placed on her property is �51,200 and she felt this was high because she doesn't have a garage or a basement. Mr. Herrmann, City Assessor, stated they are sure of their figures and have taken everything into account in determining the market value for this property. He stated they recognize it doesn't have a basement and would be using a lower rate per square foot, as well as considering the age, the depreciation, and also taking into accoun.t it doesn't have a garage, fireplaces, or air conditioning. Mr. Herrmann stated the home was re-valued last year �nd this year the value was raised 6%. He also pointed out that Mrs. Norton is in School District 16 where there was a significant increase. Mrs. Norton stated she felt the value was high and would like a.further review. MOTION by Councilman Fitzpatrick to refer the matter of the value placed on Mrs. Norton's property at 1251 Norton to the City Assessor's Office for further review and report. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, M�yor Nee declared the motion carried unanimously. MR. RICHARD HARRIS - 6200 RIVERVIEW TERRACE: Mr. Harris stated he didn't �receive notices for sane of his properties and asked the City Assessor to give him the figures on the values. Mr. Herrmanr�, City Assessor, stated the market vaiue for his home was $121,100; the property on 77th Way was $265,000; the property at 7701 hlain was $397,800; the property at 7765 Main was $253,900; and the property at 7710 Main was 5354,600. Mr. Harris asked as of January 1, 1981 at what percentage they assessed the new addition at 7701 Main Street. Mr. Madsen stated it was assessed at 50% and as of January 1, 1982, assessed at 100X. Mr. Harris stated the increase of $107,000 in the value he didn't realize reflected only 50% of the total. He stated the total cost of the building was just over $100,000. Mr. Harris stated 7701, 7�03, 7731, and 7741 Main Street is all one parcel and the value went from $306,000 to $397,800. -' Mr. Harris stated at 7710 Main Street the value went from $344,000 to $354,000, or an increase of $10,000, and felt they didn't do that much in improvements. Mr. Harris stated in reference to property at 771G', 7720, 7180 and 7790 Main Street, a bulletin prepared eludes to the fact that the land is being valued as if it could be built on up to 40%. He asked if he would be allowed to build to 40� on that parcel. Mr. Harris stated if the Council would look favorably on his building to this extent, he wouldn't have a problem with the reasoning, however, if they don't look on this favorably, he would then have a problem with the figures. Mr. Qureshi, City t�anager, stated the City can't guarantee any parce•1 could be built to 40% as you have to take into consideration setbacks, parking, and code requirements: MINUTES OF THE BOARD OF REVIEW PAGE 7 Mr. Harris stated if he was going to be taxed for this, he felt building should be allowed or else not reflected in the taxes. Mr. Harris stated he was disturbed in the way the notices were sent out and addressed to "occupant" rather than the name of the property owner and the fact, in some cases, he never did receive a notice. Mr. Harris stated since the City feels he has such valuable property; something should be done to protect it. He stated they have been having many problems in the area involving destruction of property and it is becoming a standing joke with the neighborhood that if you go up there after 6:00 p. m, you never see a patrol car. He asked when they could meet regarding the problems in that area. Councilman Hamernik stated this was the first he has heard about the problem a�d wasn't aware there was a situation like this in his ward. He stated he would like a chance to discuss it with some of the admin- istration and get back to Mr. Harris and will try to do so before the end of the week. MOTION by Councilman Hamernik to refer the matter of the value placed on the parcels at 7701 Main Street to the City Assessor's Office for review and report. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Ma�yor Nee declared the motion carried unanimously. MR. MIKE HELLER - 8245 RIVERVIEW TERRACE: Mr. Heller questioned the value on an unbuildable lot which went from $2,600 to $4,800 and why there was such a great difference in the value of the lot, as compared with the home value. Mr, tlerrmann stated land values increased substantially, however, they could review it. � MOTION by Councilman Fitzpatrick to review the matter of the value placed on this property at 8245 Riverview Terrace and report back on June 14, 1982. Seconded by Councilman Hamernik, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MR. ROBERT MIKULAK - 8241 RIVERVIEW TERRACE: Mr. Mikulak stated land values in the Riverview Heights Addition increased drastically as compared with other areas in the City. Mr. Herrmann stated the area was valued in 1972 and the land wasn't revalued until 1982 and the improvement of the area during that nine year period is very impressive. Mr. Mikulak stated his concern, basical7y, is the land value increase and Nanted facts as to why it has increased. Mr. Herrmann stated lots in Fridley are high priced and it is hard to find a building site in the City. Mr. Qureshi, City Manager, stated the question is whether the value placed on his home is a fair market value. Mr. Mikulak stated he was not disputing �Ehis question, but was concerned about facts regarding the increase in the land values for this area. � 117 115� MINUTES OF THE BOARD OF REVIEW PAGE 8 MOTION by Councilman Fitzpatrick to note this protest by Mr. Mikulak and refer this matter to the City Assessor's Office for review and a report. Seconded by Councilman Hamernik. Upon a voice�vote, all voting aye, Mayor Nee declared the motion carrRed unanimously. MR. RICHARD HARSTAD - 1131 - 72ND AVENUE: Mr. Harstad sta,ted he was here in reference to their industrial site where he felt the value has gone up too much. He stated the value in 1980 was $546,600; in 1981 it was $682,600; and in 1982 it was $703,100. He stated he is a little late in talking about last year's value, but felt the value placed on the property last year probably reflects the true market value. Mr. Harstad stated their canpany used to be located in northeast Minneapolis, however, they purchased property between 72nd and 73rd off Highway 65 for their facility. He stated they checked into many suburbs, before locating in Fridley, and from conversations it was ' found Fridley had the most congenial people to work with and the best tax rates. He stated the tax rates were between 50 and 60 cents a square foo� and, as they have a 28,800 square foot building, it would put them between the $15,000 and $16,000 bracket for taxes. Mr. Harstad stated the taxes for this coming year were $31,150 which makes it about $1.10 a square foot. He explained when you try to market that, you just wouldn't�get anyone in there. He stated next year the taxes will be higher because the market value went up. Mr. Harstad stated they paid $70,000 for the land and are now paying one-half that price every year on taxes. He requested a review of the value placed on the property. . Mr. Herrmann, City Assessor, stated one item last year was the structure wasn't completed and now the extra amount has been added. He also stated the land value increased and this property is in School District 16 where the mill rate is high. Mayor Nee stated he was sorry if he was misled on the square footage tax basis. He s�ated the City's tax levy has been stable, but the school district levy has been more volatile. MOTION by Councilman Barnette to refer the matter of the value placed on this property at 1131 - 72nd Avenue to the City Assessor'S Office for review and a report. Seconded by Councilman Hamernik. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. MOTIOF� by Counciiman Fitzpatrick to continue tfiis hearing of the Board of Review�to June 14, 1982 at 7:30 p, m. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNPtENT: This meeting of the Board of Review was adjourned at 10:40 p, m. to be continued to June 14, 1982 at 7:30 p, m. Respectfully submitted, Carole Haddad William J, Nee Recording Secretary Mayor Approved: � NiINCA'f5 OP` 'i� FRIDLEY CITif ODUNf�L MEETa1G OF I�IAY 24. 1982 Tt�e Fridley City Camcil lseeting of llay 24, 1982 wns calle8 to order by riayor Nee at 10;40 p. m., after the meetirg of the Board of Review. RrB�L C1�L�L: �-' lgl�'ff3F1iS PRF5�1'Ps Mayor Neer CCtmCi]mnn Bsrnetter Cou1'1Ci].mnn Hffinernik snd Go�aicilmen Fitzpntridc I+�+IDERS ABSl�s Camcilmen Sci�eider AbOPTION OF AC�I�IDA: MOTION by Camcilman Barnette to adapt the agenda with the addition of the followinq ite�ms= (lj Receiving Bids on Repair of Well No. 3� ttnd (2) Receiving Bids for 1982 Concrete Pavement Joint and Crack Resealing Project. Seoonae8 by Oouncilioan Hmnernik. IIpon a voice vote, all voting aye, Mayor Nee 8eclarec3 the motio� carried w�ar►imously. ' OPF�T P'OR[lM� VISI'lORS: ASSFSSMII�Tf PRO�'�T - l�IIiS. I+Di�.EYs Mrs. Morley, 1524 Osborne Road, appeareci before the Cau�cil to protest the assessment � their lot. She stated when they signed the petitioa for the im�rovenent, they were tolc7 they woulc'h�'t have to pay the assessment nntil the lot was built on or sold. She stated the first they heard of being assessed was when they received notice of their house payment and it had tripleci. I+ir. Flora, Public Worke Director, stated in 1980 when they were constructing Brigadoon Place, all the property owners includinq the Morleys, signed a petition for the street and improvements on Brigadoon Place. He stated the Morleys were planning to sell off part of the lot which faces on Brigadoon. 1Kr. Flora statec7 the Morleys were notif ie8 regarding the improv�nts but they dic�'t attend any of the hearings. Mr. Qureshi, City Manager, statec] they have a petition signed by the Morelys requesting the ir�rovenents, h�wever, staff will have a=eport tor the Council at the Jime 7, 1982 meetirg. SPEIDING — RIVEFi�Ti�tiV TERRACEt Mr. Milce He12er, 8245 Riverview Terrace, voiced his concern about the speeding on Riverview Terraoe. Mr. Qureshi, City Manager, asked if he was aware of the crime prevention progreun in his neighborhooci and advised him to oontact the Crime Prev�ticai Division in the Polfce Department regarding this matter. I�W BOSIl�If.'SSs --._�,..� LICF�iS'ES t 1�R7►��Ot� by Camci]man Aamernik to approve the licenses as submitte� an8 as on file in tltie Li�se Clerk's Office. Secorded by Counci]m-�n Fitzpatrick. t)pon a voioe vate, aIl voting aye, Mayor Nee declared the motfon carried t�animously. � x - �� 0 aDUNQL t+�Et'II�G OF MAY 24. 1982 PALE 2 QAII+15s I�pTDptd by Camci]saan 8aonernik to �authorize payment of Cl=#ms Ho. 128500 through 140W01. Secot�de3 by Counci]man Fitzpatrick., Opon a voice vote, all votirg aye. Mayor Nee declarec7 the motion carrie6 unanimously. RDCErviNG BIDS FOR RII'AIR OF WFLL 1D. 3 f BIDS O�PF2JID MAY 19. 19B2, 11:00 AM s - � MD►PICN by Camcilman B�nernik to receive the bi8e for repair o�f i�Tell lvo. 3. VfI�IDQR . BID BCt�ID PBASE I Pf�S� II BERGIIi.9�T St. Paul �1850.00 527.569.00 CASWII� II�1C. Fire/Marine 51 TcEYS WQ.L Americezf S5B00.00 DRILI,a1G Drugqists Insurance Co. • S� - VF3�IDOiR PFD4SE I i II BERGII2.9Qd 535,439.00 CASWt3S. II�1C. � REYS WFdi, $24,621.00 DRILLII�'s $18�621.00 : b`PARTYNG L1ATE � Ju�e l, 1982 Sept. 1, 1982 10 days . 45 days Seconded by Counci7nan Barnette. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carded unanimously. Mr. Flora, Public Works Director, state8 the bids were openea for the repair of Well No. 3, and it i6 recammen8ed the wntract be awarded to the low bi8der, Reys Well Drillitg. MDTION by Councilman Barnette.to acoept.the law bi8 of Keys We11.Drilling in the amount of $24,621 for the repair of Well No. 3. Seconc7ed bp Councilman Aamernik. IIpon a voice vote, all voting aye, l�Jayor Nee declared the motion carried unanimously. RFJCENING BIDS FOR 1962 QONQtEY� PAVII�431T JOINT ATID CRA(R RFSEALIIOG pF�IDCTs (BIDS OPIIv� MF�Y 19r 1962 AT 11:00 AM�s MO'i*i0N by Council�nan Samernik to receive the bicls for the 1982 Concrete Pave�nent Joint an8 Crack Resesling project. Pl�t�kX)I�ER ..r._�..,_� Palda 6 So�ts, L�C. 1462 Dayt� Avetuu , St. Paul� Pml Richard DushaYt. J=. Bocia Constructian (Tan Bocla) Roun #221 — Travel Loc3ge Aicpert 3222 Airways Blva. Ma�his, Tenr►. 38115 BID DEP06IT �..� 5! St BID ANnUNTr .._.._....�..� $3B,110.00 $36,200.00 QOUNC:IL M�'!'Il�1G OF !!AY 24� 1982 iBIDS 00lJPII�1QID) Higtnvay Servioesr InC. 6317 Cmnbridge Stteet Mpls., 1�IId 55416 Forby C�tractitg Route 3, Boz 211 Hinckley, 1�1 55037 J.E. Strausborq Do. 771 IaBybirB Lane Burnsville, !Ai 55337 Aroon Constr�ction 0�. 903 E�sst Forest P.O. Hoat 57 lbra, l�II�1 55051 PAL� 3 � 547►730.00 5t S49r490.00 � 550,050.00 St $58,230.00 seconded by Co�mciLran Fitzpetrick. IIpon a voice vote, all votinq aye, Pfayor Nee declared the motion carriea tmar►imously. llr. Flora, Public works Director, state8 sia bids were received for this project, ard it is recaim�ended the contract be awarded to the law bidder, Palda and Sons� InC. 1�'�ON by Council�ran Fitzparick to award the wntract for the 1982 C�crete PavemPnt Joint and Crack Resealing project to the low bidder, Palda and Sons. Inc. in the amount of $38,110. Seconc3ed by Councilman Hamernik. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carrie8 unani�►ausly. I�DJO[TR�IIIJ�= MOTION by Councilman Barnette to adjourn the meeting. Seconaed by Councilman Hamernik. IIpon a voice vote, all voting aye, Nlayor Nee declarea the motion carried unaninausly and the May 24, 1982 meeting of the Fridley City Council adjourned at 10:52 p. m. Respectfully submitteci, Carole Had�C] Secy. tA the City Cbta�Cil Appravea: �„_, William J. Nee May� 1 CITY OF FRIDLEY � ANOKA COUNTY, MINNESOTA � NOTICE OF HEARING OF ASSESSMENT FOR ST. 1979-4 - STREET IMPROVEMENT PROJECT (STORM SEWER PORTION) Notice is hereby given that the Council of the City of Fridley will meet at the City Hall in said City on the 7th day of June, 1982, at 7:30 o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments in respect to the following improvement, to-wit: ST. 1979-4 STREET IMPROVEMENT PROJECT (STORM SEWER PORTION) The proposed.assessment roll for each of said improvements is now on file and open to public inspection by all persons interested, in the office of the Clerk of said City. . - At said hearing the Council will consider written or oral�objections to the pro- posed assessments for each of said improvements. The general nature of the improvement project is the construction of storm sewer and drainage facilities serving the following general area: The gen�ral area bounded by 61st Way on the south, the railroad tracks on the east, 64th Way on the north, East River Road from 61st Way to 63rd Way on the east extending towards Riverview Terrace from 63rd to 64th Way. Tf�e area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above noted. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. A property owner may appeal an assessment to the district court by serving notice of appeal upon the City Mayor or Clerk within twenty (20) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or Clerk. DATED THIS 17th DAY OF May , 1982, BY ORDER OF THE CITY COUNCIL OF THE CITY OF FRIDLEY. MAYOR Will�am J. Nee ATTEST: CITY CLERK Sidney C. Inman Publish: Fridley Sun on May 19 and May 26, 1982 I � M�� , .�� ; - • . ' L� ) } , �'� 3 � � 6 � � � a' s p , •. ;y CR * � �D a �..'� : D , x ; � �_ -- � � �'� R!Y` • �+ , ' `;' ' n�� .� _ • • ._ ;i3 i I }�; ' �rt' , .,�Cz,Y° ^ . ..;�-� � �K,o� y , -- 4 � 1��jrlFilr'�`� �� Yt.' ''"'r ��,.� ~.•e Z _id.- yp •�-f- , , �` � •. .. .� � i Q� FM . - � �••�. ��Q +` r I � • // . _ I" i ' Y'•F'� � � -�L �O iee� �+ / ' _ �•. — I i 6e, �I � Z t_ 6 _' K 4� ,� �s . :�_ � � � ; �� I ? �.� �;' ,�� .{� �: � � A �y! . 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' : � � • ' �: �� '�'�'�'�`� V 61�/2' WAY� � ��"�';' � �.� 1 •-�- �-_ -• �: ��- � ' . � � - ►�- � \� • � � :�. -� �. ... . ... � , , _. . � ' � �,. ; ' `� � ` � � i a d � �v .r � �r •: ;�,' . /el! Il � � '�Ir �: �. b � � � �� 'j , � / � <� � � � � 4 � �. . . . . RIYER EOGE WA`t �•+ .� ' � � 1 �'� !� s� ,,,, �, ... ... �. . ..: rs is In � �s :so � .`. . � � I � N � i � h � ,.�� .,, ; tt � s� �� 1 � � � p }� ` 2� � 2 �a.r.n��--- . � a. � a.. ' w.. ; - .: �• «' ' - - � s.ii' � ST. 1979-4 (Storm Sewer) Rate -- $6.21 per 100 sq. ft. of area tA � NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT To whom it may concern: Notice is hereby given that the City Council of the City of Fridley, Minnesota will meet at the City Hall in the City of Fridley, Minnesota at 7:30 o'clock p.m. on June 7, �982, to consider the proposal of G. W. Paschke Properties; that the City assist in financing a project hereinafter described by the issuance of industrial development revenue bonds. Description of Project Acquistion of land located at the intersection of 79th Avenue N.E. and Ranchers Road in Fridley and the construction thereon of a light industrial building containing approximately 17,350 sq. ft. The estimated principal amount of bonds or other obligations to be issued to finance this project is $700,000. Said bonds or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the project and such bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable fram sums to be paid pursuant to a revenue agreement. A draft copy of the proposed application to the Commissioner of Energy, Planning and Development, State of Minnesota, for approval of the project, together with all attachments and exhibits thereto, is available for public inspection beginning May 19, 1982, from 8:00 o'clock a.m. to 5:00 o'clock p.m., Monday through Friday, at the office of the City Manager. At the time and place fixed for said Public Hearing, the City Council of the City of Fridley will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this 17th day of May, 1982. (BY ORDER OF THE CITY COUNCIL) By /s/ Sidney C. Inman City Clerk• Publish: May 19, 1982 2 3 PUBLIC HEARING BEFORE THE CITY COUNCIL -- 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, June 7, 1982 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Final Plat, P.S. #82-01, Doty/ Wellner Addition, by W. G. Doty and Gary 4Jellner, being a replat of that part of Blocks 8 and 9, Lowell Addition, lyin� South of the North line of Sylvan Hills Plat 8, extended in a Westerly direction to the West boundary of said Block 8, and lying West- wely of the plat of Sylvan Hills Plat 8, together with the Easterly one-half of vacated Elm Street, and that part of Lots 1 and 2, Block 7, Lowell Addition to Fridley Park, lying Southerly of the Western extension of the North line of the Plat of Sylvan Hills Plat 8, together with the Westerly half of vacated Elm Street, to be developed as three R-1 lots, (single family dwelling areas, and five R-2 (two family dwelling areas.) Generally located South of Mississippi Street N.E., East of the Burlington Northern right-of-way. Anyone desiring to be heard with reference to the above matter may be heard at the above stated time and place. ' WILLIAM J. NEE MAYOR Publish: May 19, 1982 May 26, 1982 e. .... ^ N � f �C. oca T: o�r� -1 � �ur�c v� � p � •�..�� , o,oa. 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'•` -•� -. • . .. _. � � t � - . �I �a 'q._ M - " �y= � ;, '„, ��. � � �opg�� '�M ��, �, ��_ ,:f� �R � ,E'= S�' � � ,, �' $� .�(�Q . . � - A O� � o-1 � � - II, [1 �K � � �. - M '... � . � ~ � A � � � '� w ' w � �r ii � � • 1 : , � �� CITY OF FRIDLEY = PLANNING COMMISSION MEETING, MAY 5, ]982 TO ORDER: ' Chai man S�hnabel calied the May 5, 1982, Planning Comnission meeting to order a :35 p.m. ROLL CALL: Members Present: Schnabel, Mr. Oquist, Ms. Gabel, Mr. Svanda, Mr. Kondrick, - Ms. n Dan, Mr. Saba Members Absent: None Others Present: Jerrold Boardnl� City Planner Gary Wel l ner, 62�'i� Sunri se Dr. � Bill Kidder, 6360 S�a �lite Blvd. � Jerry Severt, 100 SateT�'te Lane Michael Larson, 6390 Star ' e 67vd. Li]lian Meyer, 7868 Alden Wa .E. - teague of Women Voters APPROVAL OF APRIL 21, 1982, PLANNING COMMISSION MINUTE�! MOTION BY MR. KONDRICK� SECONDED BY MR. SABA, TO APPROVE THE'� RIL 2.1� Z982� PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLA.RED THE CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A PROPOSED PRELIMINARY PLAT�, P.S. #82-01�J DOTY WELLNER ADDITION, Y. G. D 7Y D G R ELL ER: eing t at part of oc s 8 an 9, owe A ition, y�ng outh of the North 7ine of Sylvan Hills Plat 8, extended in a Westerly direction to the West boundary of said Block 8, and �ying Westerly of the plat of Sy]van Hi7]s Plat 8, together with the Easter]y one-half of vacated Elm Street, and that part of Cots land 2, Block 7, Lowe17 Addition to Fridley Park, lying Southerly of the Westerly extension of the North line of the plat of Sy7van Hills Plat 8, together with the Westerly half of vacated Elm Street, to be developed as three R-1 lots _(single family dwelling areas) and 5 R-2 lots (two family dwelling areas), generally located South of Mississippi St. N.E., East of the Burlington Northern right-of-way. MOTION BY MR. KONDRICK, SECONDED BY MS. GABEL� TO OPEN TXE PUBLIC XEARING ON P.S. l�82-01 BY W. G. DiOTY AND GARY WELLNER. UPON A VOZCE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLAREB THE PUBLIC HEARING OPEN AT 7:38 P.M. 3D PLANNiNG�COMMISSION MEETING, MAY 5, 1982 PAGE 2 Mr. Boardman stated that Mr. Hamernik and Mr. Qureshi me� with the petitioners and some of the residents and came up with a plat simila"r to what 'the Planning Commission members had before them. He stated the front three lots will be R-1. He stated Staff is working on a new zoning ordinance that allows zero lot line twin homes where the units themselves may be owner occupied. So. when the plat is approved, the five lots�in the rear could be split so that each unit could be zero lot line home... Mr. Boardman stated the actual pl,at has not yet arrived and they were expecting it to be delivered to the Planning Comnission sometime during the meeting. Mr. Wellner stated he has not seen the plat since it came out of the surveyor's : office, but the intent on the five rear lots is to build duplexes with a zero lot line with the intention of selling each half to a separate buyer. The square footage of all the lots meets the code requirements. He stated he thought there were 1-2 lots that may need a variance in terms of the width of the lot itself. Mr. Boardman stated that included with the approval of the plat will be approval of the variances necessary, with the lots, in order to develop structures. Ms. Gabel stated she did not necessarily agree they should approve the variances at the same time they approve the plat. Mr. Boardman stated if they approve the plat, they approve the variances applicable to the lot. Ne was not saying they should approve all the variances of the structure, because those variances can only be approved when the structure is brought in and looked at. But, when they approve a plat that is less than the required width, then there is automatic approval of the variances. The indication they have gotten from the City Attorney is that the City Council does have the authority to approve variances with plats without going through the variance procedure. The reason for this is that the variance procedure requires a public hearing and notification within 200 feet. The platting procedure requires notification within 300 feet, therefore, that notification allows for more public input. • Mr. Wellner stated the conversation he has had with the surveyor and Mr. Qureshi is that they are going to try to keep all the lots with not less than a 65 ft. setback. Ms. Schnabel stated that since the pr.eliminary plat has not yet arrived, they should continue this item until the end of the meeting and continue on with the rest of the agenda items. MOTION BY MR. SVANDA� SECONDED BY MS. VAN DAN, TO CONTINUE P.S. lIB2-01 UNTIL LATER IN TNE MEETING. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTIDN CARRIED UNANIMOUSLY. � � PLANNING COMMISSION MEETING, MAY 5, 1982 �� PAGE 5 Appeals Commission meeting, she thought they should discuss the possi- bility o some kind of hand-out that a petitioner would receive from Staff when that p omes in to fi]1 out an app7ication. It might help the public in terms of what k nd _'�formation is needed before appearing b.efore the Appeals�Commission. � UPON A VOICE VOTE� ALL YOTING AYE� CXAIRWOMAN SCXNABE�'i3EL}.T�AF�D� T� MOTION CARRIED UNANIMOUSLY. ��,,,�` � 5.• CONTINUED: PUBLIC HEARING: CONSIDERATION OF A PROPOSED PRELIMINARY�PCAT , P.S. 82-01;�DOTYIIEL NER DDITION: Y: G_ DOTY ND GA Y EL Public hearing open. Mr. Wellner stated the plat had not yet arrived. Mr. Boardman stated the plat is going to be similar to the drawing the Planning Commission members had in their agenda packet. He stated the Planning Comnission is only reviewing the preliminary plat. Final plat is prepared and submitted to the City Council, and the City Council will be reviewing the fina7 plat with a public hearing also. � ' � Mr. Michael Larson, 6390 Starlite Blvd., stated he wou]d have a problem with the P]anning Commission approving a plat they had not seen. Mr. Wellner stated he had called the surveyor, and there was nothing substantially different in the plat than what the Planning Commission had before them. He stated they have already scheduled with the City of Frid7ey for sewer, water, and street. By not acting on the preliminary p7at, they will be delayed another month, or it could possibly set them back 4-5 months. . Ms. Schnabel stated she could understand the problems Mr. Wellner and Mr. Doty were facing, but since the plat was not at the meeting, she would fee] very uncomfortable acting on the plat without seeing it. Mr. Wellner stated he was concerned with the timetable only, because they are scheduled to go before City Council with final plat on June 7. Mr. Boardman stated they may want the Planning Commission to authorize the public hearing notification so they can still have the June 7 public hearing at Ciiy Council for final plat. � Mr. Wellner stated he would have no problem with that. r. Wellner stated the intent of this plat is to pro vide the opportunity for d�ro lot line;however, he, as the builder, would not be forced to sell all the plex units. He could maintain them as dup]exes and could rent out both sides. The reason for this is it is extremely difficult to get financing for a$140,000 3E PLANNING COMMISSION�MEETING;�]�1A��5,'1982��"�� " �� '�� ' � �PAGE 6 3F unit, but this would allow them to be able to sel7 one-half of a unit for a �70,000 mortgage, which was more affordab7e. But, he stated he did not think . the intent was to force this al.l into an R-1 development. The intent is to -� provide the opportunity for zero ]oi 7ine so they have the flexibility of sel7ing � . one-half of�a duplex separately. � Mr. Larson stated he is representing the neighborhood. He stated the neighborhood ��x`� was going to reject the rezoning and take their chances with the M-1 zoning, but they have compromised with the rezoning of Lots 1, 7, and 8 as R-1 and Lots 2-5 -- ° as R-2, providing Mr. �ureshi can provide zero lot lines to increase the� ._ �potential for owner-occupied units, a requirement for attached or tuck-under garages, and minimum square footages for the structures. MOTION BY MS. GABEL� SECONDED BY MR. OQUIST� TD CONTINUE THE PUBLIC XEARING ON THE CONSIDERATION OF A PROPOSED PRELIMINARY PLAT, P.S. �82-DI, DOTY/WELLNER . ADDITION, BY W. G. DOTY AND GARY WELLNER� UNTIL TNE MAY 19��1982� PLANNING COMMISSIDN MEETSNG� AND TO AUTHORIZE STAFF TO ISSUE TXE PUBLIC FIEARING NOTICES FOR FINAL PLAT APPROVAL AT THE CITY COUNCIL MEETING ON JUNE 7� 1982. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRW0INAN SCXNABEL DECLARED TNE MOTION CARRIED UNANIMOUSLY. . OURNMENT: MOTION BY MR. OQUIST, SECONDED BY MR. SABA, TD ADJDURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED TXE.MAY 5� 1982� PLANNING COMMISSIDN MEETING ADJOURNED AT 9:00 P.M. Respectfully submitted, � y Saba Recording Secretary CITY OF FRIDLEY � PLANNING COMMISSION MEETING, MAY 19, 7982 �: , 3 G ,-� CALL TO ORDER: �. Chairwoman Schnabel called the May 19, 1982, Planning.Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Ms. Schnabel, Mr. Oquist. Ms. Gabel, Mr. Svanda. Mr. Kondrick, Ms. van Dan� Mr. Saba Members Absent: None Others Present: Jerrold Boardman, City Planner � � Gary Wellner, 6221 Sunrise�Drive Michael Larson, 6390 Starlite Blvd. • Joy & Scott Anderson, 7921 Riverview Terrace Kenyon Blunt, 7th & Marquette, Mpls. William Weber, BRW, Inc., 2829 Univ. Ave. S.E.� Curt Saunders, 320 - 7th St. S.E. Mr. & Mrs. Rod Brannon, Solar Wash, Inc. APPROVAL OF MAY 5, 1982, PLANNING COFR�IISSION MINUTES: MOTIDN BY 1�t. SABA� SECONDED BY 1fS. GABF.L� TD APPROVE TXE MAY 5� .I982� PLANNING COMMISSIDN MINUTES AS WRITTEN. . UPON A VDICE VOTE, ALL VOTING AYE, CHAIRT•)OMAN SCHNABEL DECZARED THE JNOTIDN. CARRIED UNANIMDUSLY. 1. CONTINUED: PUBLIC HEARING: CONSIDERATION OF A PROPOSED PRELIMINARY PLAT P.S., #82-01, DOTYJWEL NER ADDITION,�BY W: G. D Y AND GARY WE LNER: Being a rep a o a part o oc s an , owe i ion, ying ou of the North line of Sylvan Hills Plat 8, extended in a Westerly direction to the West bau�►dary of said Block 8, and lying Westerly of the Plat of Sylvan Hi17s,Plat 8, together with the Easter]y one-ha7f of vacated Elm Street, and that part of tots 1 and 2, B1ock 7, Lowe]1 Additi�n to Fridley Park, ]ying Southerly of the Westerly extension of the North line of the plat of Sylvan Hills Plat 8, tagether with the Westerly half of vacated Elm Street, to be deve7oped as three R-1 lots (single family dwelling areas) and 5 R-2 lots (two family dwelling areas), generally located South of Mi'ssissippi St. N.E., East of the Burlington Northern right-of-way. PUBLIC HEARING OPfN. Mr. Boardman stated the Planning Commission has now received the.pre'liminary plat. As was discussed at the 7ast P7annin Car�nission meeting, Lots l, 7, and 8 wi11 be zoned R-1 (single family 7ots�, and Lots 2, 3, 4, 5, and 6 , 3� PLANNING COMMISSION MEETING MAY 19� 1982 ��' � �� PAGE 2 will be zoned R-2 (duplex or double lots). He stated Mr. Wellner was in the audience to answer any questions on the proposed plat. Ms. Schnabel stated she had more questions�with the�zoning part of it. She asked if Staff had developed a new ordinance for twin homes yet. Mr. Boardman stated Staff was still working on it. He stated Staff had actually decided against going with a new zone. They are going to try to allow zero lot line with a special use permit or through the platting or- dinance, to stay within the same zones. What they could do was amend a portion of R-2 and R-3 with a provision that would allow zero lot line with special use permit approval. He stated he thought they would have a lot of problems in setting up a new zone specifically for zero lot line. In this situation, it would still be zoned R-2 and R-3, and at some point in time, if the owner wanted to go through a lot split, they would have to obtain a special use permit for Zero lot'line. Ms. Schnabel stated where she saw some problems in this whole concept was in the area of maintenance--the exterior maintenance of a dwelling as well as yard oaintenance. She felt a 7ittle uncomfortable with this whole thing unless it was really defined as to what they are going to do. Mr. Boardman stated they could all be required with a special use permit. They could put covenants or restrictions on the lot splits that would be placed on the deed. Ms, van Dan stated she just could not visualize how, at some point in the future, these lots could be split and owned by two separate individuals. Mr. Boardman stated duplexes are allowed by certain densities. By split- ting the ownership of a duplex, they do not change the density, and that is why Staff felt the best way to go was with zero lot line. Developers can to to zero lot lines right now with duplexes, but th�y have to go through about 5-6 variances. Ms. Gabel stated Mr. Boardman had just given another arg ument in favor of having a separate "twin home" zone. Mr. Boardman had stated they could go with zero lot line now, but they have to go through all kinds of variance procedures. She felt that in the future, there are going to be a lot of requests for this kind of concept in order for people to afford housing, and it seemed to her that the City shoul.d �ust write a zoning ordinance to apply to it. Otherwise, every time iher� is a request for zero lot ]ine, they are going to have to go through both a�ot split and special use permit process. It was a lot of red tape for everyone. Mr. Boardman stated zoning codes should control densities, not situations within those densities. If they are going to allow zero lot line, then it should be allowed in that kind of density, and it should be allowed for existing units in that type of density as well as for new developments. Then, every time an existing unit is sp7it, the owner has to go through a rezoninq, and the question comes back: Is this spbt rezoning? � 0 3I PLANNING COMMISSION MEETING, MAY 19, 1982 - PAGE 3 Mr. Oquist asked what difference ii made whether they had to come in for a request for rezoning or a request for a special use permit? Ms. Gabel stated some kind ofi provision could be written into the code to eliminate some of the red tape procedures. . Mr. Boardman stated the only other thing is to eliminate the special use permit and allow zero lot lines with lot splits within the platting ordinance. Mr. Schnabel stated there may be cases where they will not want to permit the zero lot line concept or the split, except on new development, because they may be creating some other problems they haven't looked at yet. Mr. Boardman stated if a petitioner meets all the conditions that are laid out in whatever process is set up, he felt they would have a hard time ' restricting a person from splitting a lot just because it was an existing unit. Ms. SchnaDel .said some of these zoning questions may be a little premature, but she would like these c�ncern�s in the record so the City Council can see some of the Planning Comnission's concerns and also for future discussion when the ordinance is rewritten and brought back to the Planning Commission. Ms. Schnabel stated that she wondered if the City Council had understood and if Mr. Larson and ihe neighbors had understood that these units would be owner-occupied from the start or did they see it as something down the line? Mr. Larson stated the original proposal �hat was presented called for the entire area to be zoned R-2. The neighborhood opposed that and reached,a compromise that called for the front three lots to be R-1 and the five rear lots to be R-2 With zero 7ot lines. He syaied that was a provision of their compromise. The reason for that was they felt it increased the likelihood that, as the properties change hands over the years, there wi]1 be more owner-occupied units than if the lots did not have zero lot �ines. �1r. 1Je11ner stated he would like to speak against any stip�laticn forcing zerc lct 7ine becasue that was not the intent of the compromise. In order to construct, it necessitates them getting two difference mortgages on the building which puts them in a different situation in terms of financing. He felt that when they want to sell a unit off, that is the time to consider zero lot line. Their compromise and understanding with the Mayor and City Council was that a provision would be provided for Zero lot line, but they would�not be compelled to do it. The reason for the zero lot line was that with the financing and with the housing situation and econor�, it makes it a more affordable unit. � PLANNING COMMISSION MEETING,�hlAY�19;�1982�'�� "�� : PAGE 4 Mr. Board�an asked why Mr. Wellner would have to get two different mortgages. Mr. Wellner stated that at the time of construction, the minute they go with zero 1ot line, they have two separate units and� �herefore, they would have two different deeds. He stated it was still his inient to hold some of.these units for...rental. He may choose, and it may be to his advantage, to�get two different mortgages, and at that time he would apply for zero lot line. But, he did not want to be compel]ed to do so at the time of construction. Again. he stated that was not the intent of the agreement. Mr. Oquist stated that was also his understanding from the discussions at the last Planning Commission meeting. Mr. Larson stated Mr. Qureshi had assured the neighborhood there would be some provisions or the pro'ect would not proceed. Those provisions were: (1) tuck-under garages; (2� minimum square footage; and (3) zero ]ot lines. As he recollected, it was not that the builder would have the option to app7y for zero lot ]ine at some future date, but that from the conception of the plat and upon its approval, there would be zero 7ot lines. Mr. Oquist stated it did not make sense to say there had to be zero ]ot lines, because then they might as well get the land resurveyed and have the lines put in on the original plat. Ms. Schnabel stated since the City Council members were the ones that worked with and created the agreement between Mr. Wellner and Mr. Doty and the neighborhood. the Planning Commission was probably better off in not getting into this so deep that new problems surface. She stated it was probably better for the Planning Commission to just act on the pre7iminary plat, as they have been instructed to do, knowing that this discussion wi]1 go on to City Council. � MOTION BY MS. GABEL� SECONDED BY 1�R. SABA� TD CLOSE THE PUBLIC HEARING ON P.S. �82-01 bY W. G. DOTY AND GARY WEL7.�VER. UPON A VDICE VOTE� ALL VOTING AYE� CXAIRWOMAN SCXNABEL DECLAi2ED TXE PUBLIC AEARING CLOSED AT 7 t 58 P.11/. MOTION BY MR. KONDRICK� SECONDED BY MR. SVANDA� TO RECOMMEND TD CITY COUNCIL APPROVAL OF PROPOSED PRELIININARY PLAT� P.S. �B?-O.I� DOTY/WELLNER ADDITION� BY W. G. DOTY AND GARY WELLNER: BEING A REPLA�' OF THAT PART OF BLOCXS 8 AND 9� LOWELL ADDZTIDN� LYING SOUTB OF TAE NORTA L?NE OF SYLVAN HILLS PLAT 8, EXTENDED IN A WESTERLY DIRECTIDN 20 TXE i�EST BOUNDARY OF SAID BLOCK 8� AND LYING WESTERLY OF TIIE PLAT OF SYLVAN XILLS PLAT 8� TOGETHER WITB THE EASTERLY ONE-XALF' OF VACATED ELM STREET� AND TXAT PART OF LOTS I AND ?� BLOCK 7� LOWELL ADDITION TO FRIDLEY PARK� LYING SDUTI�ERLY QF THE WESTERLY EXTENSIDN OF TXE NORTH LINE OF THE PLAT OF �YLVAN HILIS PLAT 8� TOGETHER WITX TXE WESTERLY iIALF OF VACATED ET.I►! STREET� TO BE DEVELOPED AS THREE R-1 LOTS (SINGLE FAMILY DWELLING AREAS) ,�1ND FIVE R-2 IATS (TWO FAMILY DW£LLING AREAS) 6ENERALLY LOCATED SOUTFI OF 1NISSISSIPPI ST.� N.E.�•EAST OF TXE BURLINGTON NORTHERN RIGIiT-OF-WAY. 3J , �--�� - . : TM� CITY OF FRIt�L Y DATE ._ . June 1 FROM �.P.W. John SUBJECT -� .. DlRECTOIaATE OF PUBLIC WORKS 1982 � Zero Lot Lines � 0 4 ,�, .. . .�-:1=�— • � : "�''" MEMORANDUM � � TO ACTION� INFO. With the decision to develop the property north of Satellite Lane, the City Council directed the staff to prepare a zero lot line capa- bility for double bungalows. The Staff has considered a separate zoning, modification to existin zoning, special use permits and plat- ting (which includes lot splits}�. It was determined that modifica- tion of our Platting Ordinance, Chapter 211 would be the most econo- mical and City controlled vehicle for allowing zero lot line struc- tures in the City. � Our proposed modification to Chapter 211 allows new and existing structures in R-2 and R-3 zones to be split with zero lot linesa The criteria established proportions the lot area in order to main- tain the zoning density, provides for separate dwelling unit billing, ensures structure and lot compatibility and maintains the respective zoning district requirements. Adoption of this amendment to Chapter 211 will allow the City to con- trol adaptation of zero lot lines in multiple dwelling zones through the platting review and approval, or modification of existing units through the lot split process, The Planning Commission is scheduled to review this amendment at their June 9, 1982 meeting. A public hearing before the City Council could then be held on July 12, 1982. This schedule would allow the 2nd reading of the rezoning at the same time a first reading of the plat- ting ordinance was made. . Recommend the City Council set a public hearing to amend Chapter 211 of the Fridley Zoning Code entitled "Platting" by adding a new Section . 211.045 and amending old Section 211.045 by making it 211.046. JGF:i jk CITY OF FRIDLEY �" 5 � PLANNING COMMISSION MEETING, MAY 19. 1982 . CALL TO OROER: . Chairwoman Schnabel cal7ed the May 19, 1982, Planning.Canmission meeting to order at 7:32 p.m. . ROLL CALL: Members Present: Ms. Schnabel, Mr. Oquist, Ms. Gabel, Mr. Svanda, Mr. Kondrick, Ms, van Dan, Mr. Saba Members Absent: None Others Present: Jerrold Boardman, City Planner � � Gary Wellner, 6221 Sunrise�Drive Micbael Larson, 6390 Starlite Blvd. • Joy & Scott Anderson, 7921 Riverview Terrace Kenyon Blunt, 7th & Marquette, Mpls. William Weber, BRW, Inc., 2829 Univ. Ave. S.E. Curt Saunders, 320 - 7th St. S.E. Mr. & Mrs. Rod Brannon, Solar Wash, Inc. APPROVAL OF MAY 5, ]982, PLANNItJG COPMIISSION MINUTES: MO�ION BY 1►fft. SABA� SECONDED BY ltS. GABF.L� TO APPROVE THE MP.Y 5, 1982� PLANNING COMMISSION MINUTES AS WRITTSN. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRf•IOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. ' ]. CONTINUED: PUBLIC HEARING: CONSIDERATION OF A PROPOSED PRELIMINARY PLAT P.S., #82-01, DOTY/ EL NER ADDITION, BY W. G: D TY AND GARY WE NER: Be ng a rep a o a par o oc s an , owe i ion, y�ng ou of the North line of Sylvan Hills Plat 8, extended in a Westerly direction to the West boundary of said Block 8, and lying Westerly of the Plat of Sylvan Hi11s.Plat 8, together with the Easterly one-ha7f of vacated Elm Street, and that part of Lots 1 and 2, B7ock 7, Lowe71 Addition to Fridley Park, 7ying Southerly of the Westerly extension of the North line of the plat of Sylvan Hills Plat 8, tagether with the Westerly half of vacated Elm Street, to be developed as three R-1 lots (single family dwel]ing areas) and 5 R-2 lots (two family dwe]ling areas), generally located South of Mississippi St. N.E., East of the Burlington Northern right-of-way. PUBLIC HEARING OPEN. Mr. Boardman stated the Planning Commission has now received the.preliminary plat. As was discussed at the last Plannin Commission meeting, Lots 1, 7, and 8 will be zoned R-1 (single family lots�, and Lots 2, 3, 4, 5, and 6 5A PLANNING COMMISSION MEEfING, MAY 19, 1982 �� PAGE 2 will be zoned R-2 (duptex or double lots). He stated Mr. Wellner was in the audience to answer any questions on the proposed plat. Ms. Schnabel stated she had more questions with the�zoning part of it. She asked if Staff had developed a new ordinance for twin homes yet. Mr. Boardman stated Staff was still working on it. He stated Staff had actually decided against going with a new zone. They are going to try to allow zero lot line with a special use permit or through the platting or- dinance, to stay within the same zones. What they could do was amend a portion of R-2 and R-3 with a provision that would allow zero lot line with special use permit approval. He stated he thought they would have a lot of problems in setting up a new zone specifically for zero lot line. In this situation, it would still be zoned R-2 and R-3, and at some point in time, if the owner wanted to go through a lot split, they would have to obtain a special use permit for zero lot�line. Ms. Schnabel stated where she saw some problems in this whole concept was in the area of maintenance--the exterior maintenance of a dwelling as well as yard aaintenance. She fe1t a]ittle uncomfortable with this whole thing unless it was real]y defined as to what they are going to do. Mr. Boardman stated they could all be required with a special use permit. They could put covenants or restrictions on the lot splits that would be placed on the deed. Ms. van Dan stated she just could not visualize how, at some point in the future, these lots could be split and owned by two separate individuals. Mr. Boardman stated�duplexes are allowed by certain densities. By split- ting the ownership of a duplex, they do not change the density, and that is - why Staff felt the best way to go was with Zero lot line. Developers can � to to zero lot lines right now with duplexes, but they have to go through about 5-6 variances. Ms. Gabel stated Mr. Boardman had just given another ar ument in favor of having a separate "twin home" zone. Mr. Boardman had s�ated they could go with zero lot line now, but they have to go through all kinds of variance procedures. She felt that in the future, there are going to be a lot of requests for this kind of concept in order for peop]e to afford housing, and it seemed to her that the City shoul.d just write a zoning ordinance to apply to it. Otherwise, every time there is a request f�r zero lot 7ine, they are going to have to ga through both a lot split and special use permit process. It was a lot of red tape for everyane. Mr. Boardman stated zoning codes should control densities, not situations within those densities. If they are going to allow zero lot line, then it should be allowed in that kind of density, and it should be allowed for existing units in that type of density as well as for new developments. Then, every time an existing unit is sp]it, the owner has to go through a rezoninq, and the question comes back: Is this spot rezoning? 5B PLANNING COMMISSION MEETING, MAY 19, 1982 PAGE 3 Mr. Oquist asked what difference it made whether they had to come in for a request for rezoning or a request for a special use permit? Ms. Gabel stated some kind of provision could be written into the code to eliminate some of the red tape procedures. . Mr. Boardman stated the only other thing is to eliminate the special�use permit and allow zero lot lines with lot splits within the platting ordinance. Mr. Schnabel stated there may be cases where they will not want to permit the zero lot line concept or the split, except on new development, because they may be creating some other problems they haven't looked at yet. Mr. Boardman stated if a petitioner meets all the conditions that are laid out in whatever process is set up, he felt they would have a hard time restricting a person from splitting a lo� just because it was an existing unit. Ms. Schnabe] .sa�d some of these zoning questions may be a little premature. but she would like these cDncern�s in the record so the City Council can see some of the Planning Comnission's concerns and also for future discussion when the ordinance is rewritten and brought back to the Planning Commission. Ms. Schnabel stated that she wondered if the City Council had understood and if Mr. Larson and the neighbors had understood that these units would be owner-occupied from the start or did they see it as something down the line? Mr. Larson stated the original proposal �hat was presented called for the entire area to be zoned R-2. The neighborhood opposed that and reached a cor►ipromise that called for the front three lots to be R-1 and the five rear lots to be R-2 with zero lot lines. He s:ated that was a provision of their compromise. The reason for that was they felt it increased the likelihood that, as the properties change hands over the years, there will be more owner-occupied units than if the lots did not have zero lot ]ines. t1r. Wellner stated he would like to speak against any stip�laticn forcing zerc lct line becasue that was not the intent of the compromise. In order to construct, it necessitates them getting two difference mortgages on the building which puts them in a different situation in terms of financing. He felt that when they want to sell a unit off, that is the time to consider zero lot line. Their compromise and understanding with the Mayor and City Council was that a provision would be provided for zero lot line, but they would �not be compelled to do it. The reason for the zero lot line was that with the financing and with the housing situation and econorr�, it makes it a more affordable unit. 5C PLANNING COMMISSION MEETING, MAY�19,�1982�� : PAGE 4 Mr. Boardman asked why Mr. Wellner would have to get .two different mortgages. , Mr. We]lner stated that at the time of construction, the minute they go with zero ]ot ]ine, they have two separate units and, therefore, they would have two different deeds. He stated it was still his intent to hold some of these units for.rental. He may choose, and it may be to his advantage, to�get two different mortgages, and at that time he would apply for zero lot line. But, he did not want to be compelled to do so at the time of construction. Again, he stated that was not the intent of the agreement. Mr. Oquist stated that was also his understanding from the discussions at the last Planning Commission meeting. Mr. Larson stated Mr. Qureshi had assured the neighborhood there would be some provisions or ihe pro'ect wouid noi proceed. Those provisions were: (1) tuck-under garages; (2� minimum square footage; and (3) zero ]ot lines. As he recollected, it was not that tF�e builder would have the option to app]y for zero lot line at some future date, but that from the conception of the plat and upon its approval, there would be zero 7ot lines. Mr. Oquist stated it did not make sense to say there had to be zero 7ot lines, because then they might as well get the land resurveyed and have the lines put in on the original plat. Ms. Schnabel stated since the City Council members were the ones that worked with and created the agreement between Mr. Wellner and Mr. Doty and the neighborhood, the Planning Commission was probably better off in not getting into this so deep that new problems surface. She stated it was probably better for the Planning Commission to just act on the pre7iminary plat, as they have been instructed to do, knowing that this discussion wi]1 go on to City Council. MOTZON BY 1NS. GABEL� SECONDED BY MR. SABA� TO CLOSE THE PUBLIC HEARING ON P.5. i�82-DI BY W. G. DOTY AND GARY WELLNER. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWOMAN SCXNABEL DECLARED THE PUBZIC HEARING CLOSED AT 7:58 P.1N. MOTION BY MR. KONDRICR, SECONDED BY MR. SVANDA, TD RECOMMEND TO CITY COUNCIL APPROVAL OF PROPOSED PRELIMINARY PLAT� P.S. #82-01� DOTY/WELLNER ADDITION� BY W. G. DOTY AND GARY WELLNER: 8E3NG A REPLAT OF TXAT PART OF BI.00KS 8 AND 9� LOWELL ADDITION, LYING SOUTB OF TAE NORTH LINE OF SYLVAN HILLS PLAT 8, EXTENDED IN A WESTERLY DIRECTION TO THE i�EST BDUNDARY OF SAID BLOCK 8� AND LYINC WESTERLY OF THE PLAT OF SYLVAN HILLS PLAT 8� TOGETXER WITX THE EASTERLY ONE-HALF OF VACATED ELM STREET� AND TXAT PART OF LOTS 1 AND 2� BLOCK 7� LOWELL ADDITION TO FRIDLEY PARK� LYING SDUTHERLY OF TAE WESTERLY EXTENSIDN OF T8E NORTX LINE OF TIiE PLAT OF SYLVAN XILLS PLAT 8� TOGETHER WITB TXE WESTERLY XALF OF VACATED�ELM STREET� TO BE DEVELOPED AS TXREE R-I LOTS (SINC,LE FAMILY DWELLING AREAS) ,AND FIVE R-2 IATS (TWO FAMILY DW£LLING AREAS) GENERALLY LOCATED SDUTX OF ]NISSISSIPPI ST.� N.E.� EAST OF THE BURLINGTON NORTHERN RIGHT-OF-WAY. 5D PLANNING_COMMISSION MEETING,'1�AY�19,�1982 " �� - � � PAGE 5 _ UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED T8E MOTION CARRIED UNANIINOUSLY. Ms. Schnabel stated P.S. #82-01 would go to City Counci] on June 7. 2. PUBLIC HEARING: REOUEST FOR A SPECIAL�USE PERMIT SP #82-05 BY � �� OY ANDERSON: Per Section 05. 5, 2, to a ow t e construction of a 4 ft. by 2 ft. detached garage in CRP-2 zoning (flood plain) on Lots ]1, 12, 73, and 14, B7ock X, Riverview Heights, the same being 7921 Riverview Terrace N.E. MOTION BY !►!S. VAN DAN, SECONDED BY MR. SABA� TO OPEN THE PUBLIC XEARING ON SP �182-OS BY JOY ANDERSON. UPON A VOICE VOTE� ALL VOTING.AYE, CHAIRWOMAN SCXNABEL DECLARED THE PUBLIC XEARING OPEN AT 8:00 P.M. Mr. Boardman stated this is in the flood plain and under flood plain regula- tions, any structure built in the flood plain requires a special use permit. The existing dwelling is ]ocated on Buffalo and Riverview Terrace. The petitioner wants to put in a 24 ft. by 24 ft, garage located so the driveway comes off Buffa7o St. This garage is a7lowed in a flood plain with the specia] use permit requirement as an accessory structure. Accessory structures do not have to meet the requirements for livable structures. The only things required for accessory structures are that the structure is not for human habitation, has both flood damage potential and is permanently anchored to prevent flotation, and is flood proofed. He stated this garage meets all requirements as far as setback requirements, and Staff has no opposition to the proposal. _ The petitioner, Joy Anderson, was in the audience. Ms. Schnabel asked Ms. Anderson if the garage was intended for any use other than a garage. Ms. Anderson stated it was to be used only as a garage. MOTIDN BY 1�2. SABA, SECONDED BY MS. GABEL, TO CLOSE THE PUBLIC XEARING ON SP #82-05 BY JOY ANDERSON. UPON A VDICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC XEARING CLOSED AT 8:10 P.M. 1NOTIDN BY �2. SABA, SECONDED BY MR. SVANZ�A� TO RECOMMEND TO�CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, SP �182-05� BY JDY ANDERSONt PER SECTION 205.1574� 2� TO ALLOW TNE CONSTRUCTION OF A 24 FT. BY 24 FT. DETACI�ED GARAGE IN CRP-2 20NING (FLOOD PLAIN)� ON LOTS 11� 12, 13,.AND 14� BLOCK X, RNER- VIEW AEIGHTS� THE SAME BEING 7921 RIVERVIEW TERRACE N.E. SE PLANNING COMMISSION MEETING,�MAY 19,�1982 PAGE 6 UPON A VOICE VOTE� ALL VOTING AYE, CHAIRWOMAN SCXNABEL DECLARED T8E l►10TION CARRISD UNANIMOUSLY. Ms. Schnabe7 stated.SP #82-05 would go to City Counil on June 7. 3. PUBLIC HEARING: RE UEST FOR A�SPECIAL�USE PERMIT SP �82-06 NORTHWESTERN " I N L A K 6 KE Y N L : Per Section 0. 0, , I, to a ow an auto- matic te ler macFiine in an enclosed building, on Lot 7, Block 1, Target Addition, the same being 755 - 53rd Avenue N.E. (Target Parking Lot). 1NOTION BY 1�II2. SABA� SECONDED BY 1�II2. SVANDA, TO OPEN TXE PUBLIC tIEARING ON SP #82-06, NORTHWESTERN BANK 8Y KENYON BLUNT. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRWOMAN SCXNABEL DECLARED TXE PUBLIC HEARING OPEN AT 8:12 P.�l. . • Mr. Boardman stated this proposa7 was for a bank teller machine to be located in the Target parking lot. Because it is a lease operation, it requires a special use permit. He asked Mr. Weber to further explain this proposal request. Mr. William Weber stated he is a planner for BRW. Inc., a local planning and architectural firm in Minneapolis. He stated that also at the meeting was Mr. Kenyon Blunt, who is with Northwestern National Bank. Mr. Weber stated this is an instant cash machine. It is a drive-up facility and not a walk-up facility. He stated this is a lease agreement between Target and Northwestern National Bank. Northwestern National Bank will install, operate, and maintain the facility, and Target will lease the site on a long- term basis. He stated it is a predesigned, prefabricated metal building, very secure and very maintenance free, with a teller machine mounted inside the building. It is partially heated, but there is no human habitation. The building is about 10 x 12 with a canopy over the drive. The driveway is about l2 ft, wide. Mr. Weber stated that in Fridley, there are about 6,000 Northwestern National Bank customers, so it is a fairly high concentration. They anticipate about 5,000 transactions per month or about 160 per day. Most of the transactions will be between the hours of 10:00 a.m. and 10:00 p.m. Mr. Weber showed the location of the machine which is near the Target gas station off 53rd Ave. He stated they have been very careful in siting the automatic teller machine within the parking lot in order to minimize the number of possible traffic prob7ems. He stated that in this part of the Target parking ]ot, there is not much parking. Target has 1,389 parking spaces r�ow. Northwestern National Bank wi71 be removing only 8 of those spaces, �eavin� ],381. The city code requires only 738 parking spaces, so Target has a surplus of 651 parking spaces. He stated there is also very ]ittle auto movement in this part of the parking lot. 5F PLANNING COMMISSION�MEETING;�MAY��9}�1982� �� PAGE 7 � Mr. Weber stated the site will be very well landscaped. All the landscaping will be maintained by a nursery contracted by Northwestern National Bank. A1l the trees wi]l be 3" in dia�eter, the ornamental trees will be 2" in � diameter, and the foundation plantings will be th� 3 gal. size. = Mr. Weber stated the bui]ding wil] have two different signs, and they have app7ied for permits. Both signs will be approximately 2 ft. by 12 ft.--one will be located across the face of the building and the other one will be ]ocated between the posts of the canopy. They will have a total of 48 sq, ft. of signage. Ms. Schnabel asked if there would be any pedestrian use. Mr. Weber stated the bank does not encourage pedestrian use, but it would be possib]e. . � Mr. Biunt stated the only waik-up use they have is for those who have big trucks that are too high for the clearance. He stated the c]earance will be posted on the canopy. Mr. Saba asked how many teller machines like this Northwestern 8ank had in the metropo]itan area. Mr. Blunt stated they only have two of this fashion in the Twin Cities. In the total f�ve-state area, they have seven. They have a total of 83 automated teller machines� and most of them are located in banks or grocery stores. Mr. Saba stated he would be concerned about vandalism and also asked about the maintenance. _ Mr. Blunt stated the building itse]f is very secure and not easi7y vandalized. If there is any vandalism to the building, they have a provision in the lease with Target that says any type of vandalism must be cleaned up with 24 hrs. He a]so stated that the building and area would be maintained daily. Ms. Schnabel asked about security. Mr. Blunt stated their buildings are wired to policy or a private security. One of the reasons they went to a drive-up facility here was for securit,y purposes. Eighty-three percent of the banking transactions are done by women, so the security of a drive-up is the reason they chose this particular conf i guratfon. Ms. Schnabel asked about the lighting at night. Mr. Blunt stated there would be floodlights on each side of the building and down over the canopy. 5G PLANNING COMMISSION MEETING, MAY 19, �982 � PAGE 8 Ms. Gabe1 asked how 7ong the 7ease was with Target. Mr. Blunt stated it was a five-year lease with renewab7e options each year after that. � - Ms. Gabe] asked if they cou�d accan�nodate any other bank, other than�North- western Bank customers, at this facility. Mr. Biunt stated in their instant cash network, they have a71 the affiliates of Northwestern Nationa7 Bank in the five-state area that can use this machine. They also have credit unions and some savings and loans signed up, so it i.s not entirely a bank product. Ms. Schnabel stated she was concerned about the direction of traffic fiow and how they were going to designate which way the traffic approach�d the teller machine. � Mr. Blunt stated it would be no problem for them to put in entrance and exit signs. Mr. Svanda stated he was concerned about the actual location of the building. A iot of times during the year, those two entrances and exits to Target are pretty congested, and they would really be forcing more traffic to try to qet into and out of the parking lot right at the worst part of congestion. He felt it would be better if the building was moved back closer to the gas station to a17ow more mobility for the traffic using the facility. Ms. Gabe7 stated she shared that same concern, as the traffic does stack up at that entrance and exit. Mr. Weber stated they would have no problem with moving the teller machine c]oser to the Target gas station if the Planning Commission asked:them to do so. Ms. Schnabel a]so agreed the location of the faci]ity needed to be changed a ]itt]e bit. Mr. Rod Brannon, owner of the So1ar Car Wash, stated he wou]d also agree with the moving of the facility to-he7p prevent further traffic congestion at that entrance and exit point. He stated that because of the huge sea of blacktop, any landscaping done by Northwestern National Bank was going to be an improve- ment in that parking lot. . MOTION BY MR. SABA� SECONDED BY MB. GABEL, TD CLOSE THE PUBLIC XEARING ON SP �82-06� NORTXWESTERN NATIONAL BANK BY ICENYON BLUNT. UPON A VDICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEi DECLARED THE PUBLIC HSARING CLOSED AT 8:45 P.M. 5H PLANNING COMMISSION MEETING, MAY 19, ]982 PAGE 9 � MOTION BY MR. SVANDA, SECONDED BY MR. SASA� TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT� SP #82-06, NORTHWESTERN NATIONAL BANK BY KENYON BLUNT: PER SECTIDN 205.10I� 3� I� TD ALLOW AN AUTOMATIC TELLER MACHINE IN AN ENCLOSED BUILDING� ON LOT 3, BLOCK 1� TARGET ADDITION� TXE SAME BEING 755 - 53RD AVENUE N.E. (TARGET PARKING LOT)i WITX TXE STIPULATION TXAT THE LOCATION OF THE AUTOMATIC TELLER INACHINE 9E MOVED TWO PARKING i�4Dl� NORTH OF THE PROPOSED 7ACATION. �W 5 UPON A VOICE VOTE� ALL VOT.ING AYE� CAAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated SP.#82-06 wou]d go to City Council on June 7. 4. RECEIVE MAY 4, 1982, PARKS & RECREATION COMMISSION MINUTES: 1NOTION BY 1NR. KONDRICK, SECONDED BY MS.'VAN DAN� TO RECEIVE TXE MAY 4� 1982� PARKS 6r RECREATION COMMISSION MINUTES. Mr. Kondrick stated that, regarding the request by Mr. Terry Merriman that the City or County mow an area at Locke Park, a meeting was held on May 13 with Mr. Merriman, Mr. Torkildson, Dr. Boudreau, some of the neighbors, and Parks & Recreation Commission members. The matter was resolved at that meeting. Mr. Kondrick stated the County will mow on a regular basis an area where it was stated by the neighbors the children play most of the time. The rest of the area will be 7eft as is to provide a buf.fer between the neighbors and the walkway. Ms. Schnabel stated the Ca�mission was to be comnended for getting this problem reso]ved. Ms. Gabel stated that a couple of ineetings ago, she had asked Mr. Kondrick to find out how the Parks & Recreation Department handles the process when people cannot afford to participate in city programming. Mr. Kondrick stated there is a form that has to be filled out. A few basic questions are asked, but these questions are not mandatory. He stated the Parks & Recreation Department on]y has on record four peop�e who have signed up saying they are unab]e to pay for city programming, but they do volunteer to pay something. Ne stated the City also advertises that if people cannot afford the programning, it can be worked out. Ms. Gabel stated the recent summer Parks & Recreation program brochure did not have any statement ]ike that, and it bothered her. It should say in there that recreation is provided for everyone and that inability to pay does not prec]ude anyone from participation. She was very concerned about the number of people and children who are not participating in city programming because of inabi�ity to pay. She would like to see the City take steps to ensure that a statement is put, not on�y in the recreational brochures, but also in the City newsletters. 0 � � PLANNING COMMISSION MEE7ING, MAY 19,�1982 � � � � PAGE 10 � —_ IIPON A VOICE VOTE, ALL VOTING AYE, CEAIRWOMAN SCXNABEL DECLARED TXE MOTION CARRIED UNANIlNOUSLY. 5. RECEIVE MAY 11, 1982, APPEALS COMMISSION MINUTES:. MOTION BY MS. GABEL, SECONDED BY l�Dt. SABA� TO RECEIVE THE MAY I.I, I9�2, APPEALS COMMISSION 1NINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CRAIRWOMAN SCXNABEL DECLARED TXE MOTION CARRIED UNANIMDUSLY. 6. OTHER BUSINESS: Ms. Schnabel stated that at one time, the Comnission members had received a' memo from Virgil Herrick regarding special use permits. She stated that since some of the Planning Commission members were fair7y new, it would be a good idea to put this on the next agenda for the Commission members to review and discuss. ADJOURNMENT: MOTION SY MR. OQUIST, SECONDED BY MR. SABA� TO ADJOURN THE INEETING. UPON A VOICE YOTE, ALL VOTING AYE, CXAIRWQMAN SCHNABEL DECLARED THE MAY 19� 1982� PLANNING COMMISSION MESTING ADJOURNED AT 9:29 P.l►!. Res ectfully su mitted, y e Sa ba Recording Secretary � n N � � � � "'"` SP #82-05 Joy Anderson !� 7921 Riverview Terrace . _ _ LocAT.loN �� , r- - :� � I �...a e�. �'� � �� .s.��• '�. �I! •..��w s �J � �f,� i nnrwsal. _�-''., �- E-1-- ' ..::R. t: - � ca.uw. � � «c�n STREET [IdlA.P-CITY OF �-�-�,�� FRI DLEY � _ �� - _, -C,,..,. _ � � � �. �, t �� -� M ��y� � I � �� K��W � MKY'aK _ � � .. � i / (.�p �� `►� �\ � i �ti _.•.Ct_L4/� �a.,r�l 1�►+F`•'�. . • w ./ � , � ��M _ _ - a � � 5 i� ',. � , „ C , °i3�r ��. 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MINNEApOL15� MINNF.iOTA _.,■ ��t, � CE�?IFtCATE OF Sl�RVEY F� WA�-0ON BUI LDERS + 0 : � l . � .. _/ .. ,' t, ' . � . �/ � .� y_� "��, / E` 1.1, 60 �. _ - i �Q�'. \ca� �'_.. - E ��9 �'' 1 . `� �L oo � �� / �:` �- �6s �� s Li ' �, �'^ . �� 'a� ��ti � —" � '�o ��° N n Dy �t� s 9c �1 � � oESCRtP'71aN! lots 13 a� 11�. BI .+p E`` .� �� N � X. River � J � •J � fl 5�D p�oPo � �2 0 � �' �" 1 � � _,, � o ,\ � a . _w � N � � - \4 �;e �He ghts, Anoka County Minnesota. �� • � �0 5L ' � Sca l �� 1' •• 'i�' - �V� � � 1 .. _ . � . _. _ . � , � � . - � ( � � V tO J �/l•C�,�i �cJ' 1' A c' C . 7 � We hereby certlfy thal thi.s is a true and co�rect representation of e survey of the bounderies of the land above described and of the location ofall building� if eny, thereon, end ali.visibte encroachments; if.any, from or on sa.id lend. De ted thi s?th day of �ugust _., 19� . EGAN, F 1 ELO b NOWAK . . Sur eyors , � k No i6�1-1 tiY ' ti�.-:= :-..� -:.�.�.-, �� No �8 5 Boo . . . ...--� �� , I -- ^ N L vGAT ! o N � ...�. .u.E SP #82-06 Northwestern. _-- NationaT Bank � �� ; : , : �._. `M t� Ne Y11��. � �r s� frw�R t. � 65 � _ �� CQUN�� t � 1E101ff{ STREET MA.P-CITY OF ��r FRIDLEY `� � - ...4. � _ � � , .�. � — � Ku .w ea �..c..out 5 •f� � .. �� ,�,c,�.�E, �i� K��s��NC, ��f kksr7 ��'r Lt,.�- , . ! � , , • a --- _� _ _ .__.. _. . . __ _ _ . - - . i �7 . ; � f -- -- - -- Z� �e ;,.. � ., .� f \ �� _ � ' ' _ �� . � _ vv i • � � A. y ----- - -- -- - • �3— -- - ----�-- --- -..ri �-�-•.. s.- �> --'RL•c� � .w . � _ ,:Y � . � �Y.• r' . N"w .,:� . �. _ _.v ��r ro.;' tS. ' �L J� � • �/i.i� ,•. i. .' l r � .��Jar � �' r ��✓� � •= L.•� .�v►\ .'� �..,+. �f\V / i ..,�• i► ��.��' �%�% ✓C '�✓• �i�-�.. L�-.:✓ �W� '�.1� "..fi�Pdf� �� / °`' �_'.c" ��,•..� -�� — � /� t A� � �� . ��i�t,� .i.i'r':i �� ' $ '�a-�F-.-�Eus _ •v! � •� J _• • �. � - -- -- -- - 4"7 . _ . _. _ f fi� �7 �%� ATM NVSTALLATION � '�\ •NEW CURBING I � . � LANDSCAPINO \\\-TREES • • � - SHRUBS • � �`� - SOO�ING • ASPHALT DRIVES � • CONCRETE WALK8 � � �KING SPACE FOR < AUTOM081tES , i � 8 PARKING SPACE8 TAKEN =��• ��• •��• • • • • ---�j ---��'{� � \\ : i'� • ; � ;. � �� . Q � ❑ � \\ � ; ' . , � ,r ,r �i�►' . • .. ; _ i � • •��Y��MNM /M + ; �� __ . . � � Ly � � EXR 8TACKIN�3 SPACE FOR 2 AUTOMOBILES ; � \ \` \ \� � � �. \ -- - — . `. . �� a�. 0 i� :�rtb � _ _�� - — 4 _ _ _"t'�'V.��O�- L�':i .^►•+.i %Jr6 '53RD - AVE NE. - � � . _� .>�- � t A • � I � • i � � , r. � �- , � rl: 1� ,-�' , ___ v , — f � . � �, � 'i\ 5 I� � �'- /� � � �Q��: ti 3 SP�82-06, NO ��` LvL � �� V�,� . — .e�� NATIONAL BANK �. ` � �� ,,�.._., ,� . s2 . . �''°. 0 J` �� a.�y �j O �� 6. 50 I O � Y � J � a i 3 .:� W H W � z 0 � SP #82-06, Northwestern Nat'1. Bank 0 9 —;— _ a� -�rt": �� a!� '��'`'k�:� �-� � - � - .. - � Y� , . . , :_`3: • ' ' , • �. � ' ' _ ' � � 5P 59 ATl'ACHMENT A � Application for Special Use Permit Northwestern Nationai Bank Automatic Teller Machine Kiosk Target Store Parking Lot 755 - 53rd Avenue NE Northwestern National Bank proposes to construct, operate, and maintain a kiosk containing an automatic teller machine in the parking lot of the Target Store located at 755 - 53rd Avenue NE. The automatic teller would provide banking service 24 hours per day, including wi�thdrawals, deposits, and transfers of funds from approved bank accounts. The buiidi�g would be a prefabricated metal structure containing only machinery (no human occupancy). The building would be set on a raised concrete island with abundant landscaping. Northwestern National Bank would have a fong-term lease agreement with Target Stores, Inc., for the use of this site for the kiosk and adjacent concrete islands. The proposed automatic teller machine kiosk has been sited in the Target parking lot in such a way as to cause no disruption to traffic flow and safety either on nearby public streets nor within the Target parking lot. Automatic teller patrons can approach the kiosk from the 53rd Avenue parking lot entrance and proceed to the kiosk using normal traffic flow patterns. The portion of the Target parking lot proposed for use by the automatic teiler kiosk is rarely ever used by store customers for parking. Space is available for the stacking of cars waiting to use the automatic teller, and cars can pull away from the kiosk causing no traffic flow disruption no� danger. Automatic teiler patrons can easily proceed to a parking space eisewhere in the lot or to the lot exit. No site landscaping will be removed for the installation ot the kiosk. tn fact, the raised islands alongside of the kiosk wili contain additionai, new landscaping. � The kiosk installation will necessitate the removal of eight parking spaces. Target has no objection to this loss, and the store still exceeds Fridley Zoning Code requirements for off-st�eet parking. �....�. ...,,�.�..ar., .:::.:�.....,m+:r.v,...�-.-.; .�.,.-;,F:•-r ..-.:...,.. r��€.��.<.�•�.,.�;+ec':-�!.°'�n'°r,a..Yx�:r-� �no�r.e.�:s+�x._wa�,... .r.�c<.q . °.a►° TME GITY OF FRIt�L Y DATE �� FROM D.P.W. J SUBJECT DtRECTORATE OP PUBLIC WORKS � � Tam's Fireside Rice Bowl-- Signs TO � --S==R � MEMORANDUM ACTION 1NF0. Currently, the Fireside Rice Bowl has a total of four signs identify- ing the restaurant location. A year ago, one of the signs was damaged in a wind storm. We have requested the operator to apply for a variance to repair the existing sign and obtain City Council guidance on the use of the other signs associated with the restaurant operation. The Appeals Commission reviewed the request and recommended to the City Cauncil, through the Planning Commission, approval of the necessary variances to repair the damaged sign and maintain the remaining three signs. � Due to the hardship caused by the location of this restaurant and the lack of a more viable� alternative, recommend the City Council concur with the Appeals Commission recommendation. JGF:ijk � - APPEALS CO2�AiIS S IDN ME'F TING - ?!AY 11. .1962 . _ . _ _ _ - - ---- .- - - PAGE 3 2. VARIANCE REQUEST PURSUANT TO CHAPTER 214 OF THE FRID6EY CITY CODE, TO 5S �Kequestea ny Tam�s R1ce �owl �firestde), ��bu n.t. r�res�ae urive, Fridl ey, hti nnesota 55432) ' - - -- - - —_ - . . _ �pTION ty Mr. Barna� seconded by Mr. P1ema1. to opan the public �arin6. OPON A VOICE VOTE� ALL VOTING AY�� CHAIRWOMAN GABEL DECIJ+RED Tf� PUBLIC HEARING OPEN AT 7�50 ' P.M. ADMINISTRATIVE STAFF �iEPORT _ _ . __ _ . 1160 Fireside Drive N.E. A. PUBLIC PURPOSE SERVED BY RE2UIREMENT: Section 214.046, C2, stipulates the use of roof signs will substitute for the permitted free standiryg sign along the frontage it faces. Section 214.046, G, prohibits billboards in I� 4 Zoning. Section 214.046, Gl, requires the minimiun distance between the bott� of a sign and the ground to not less than 10 feet. Section 214.046, G4, requires a minimum setback of 30 feet fraai a street right of way. Sedtion 214.046, GS, requires a minim� setback of 500 feet fscm the � intersection of any streets or highways (Truck Highway #65) Section 214.046, G6, requixes a billboard to be not closer than 500 feet from any residential district. Public purpose served by these requirements is to control visual pollution and excessive use of signs in commercial areas. • B. STATED IiARD6HIP: ° Restaurant is set back so far froan Fireside Drive that sign at entrance to parking lot is needed to help customers identify restaurant. 'The Rice Bowl building is situated behind and surrounded by storm fences. It is flanked to left and right by two huge tsailer courts. T�ees and houses shield the buildin3 from iraffic nn Central Aves�ue. All these create a very bad visibility problem for the kind of business we are in. . The sign on Central Avenue helps remedy this problem.° �� APPEAIS COMMISSION MEETIIdG - MAY 11 1962 PAGE 4 C. ADMINISTRATIVE STAFF REVIEW: _ The two siqns.in qu estion are existing. �e billboard on the sauthwest oorner of the intersectic� of Fireside I�ive and Central Avenue and the free-standing pylon sign in the Rice Bowl parking lot were installed without benefit of a City sign permit. Under Section 214.05, paragraph G, of the City Code, .that would make both signs illegal non-conforming signs. Mr. Tam's original request was to replace the exis ting pylon sign with a new sign on the same pole. Since there already exists a roof siqn of 190 square feets since the Rice Bowl only fronts on Fireside D�ive; and since the Siqn Code permits only one free-stan ding pylon sign or one roof siqn per pstiperty, then Mr. Tam needs a variance to install a second sign on his propezty. - The billboard on Central Avenue needs a Siqn Permit to officially make it a legal non-conforming sign. In order for the City staff to issue this Siqn Permit, the requested variances must be granted. Oliver T�m of 1160 Fireside Drive� Fridley� rQi xaa present. as s�rers bia attorney, Mr. Michaelson� and 2+�. McKee xho does sign xork for Thn•a Rice Ho�l. Mr. Hill presented Commission membars �rith aerial and current photographa of the property and exp],ained that the illegal non-conforming signs srere diacovered when Mr. Tam applied for a permit to repair a damaged eign. Sign permita had beea issued for the rooi sign on N'�arch 2� 1966, and for the si� on Fireside and Hxy. 65 on June 1� 1961� making existing signa for the Rice Bowl bet�r�een 15 and 20 yeara old. All signs did existta� the restair�nt xhen Mr. Tam purchased the propertty. Mr. Hill further indicated that no complaints on the signs i�ad been receiv�ed. Mr. Michaelson explained the unique situation of the restaurant in terms ot location and the necessity of a nunber of signs t'or exposure. He added that Mr. Tam has a good establishment but needs patronage to be successful which would be encouraged through the use of the four signs. He noted that a reputable sign compar�y would be doing the repaira and constructing the ne� aign. Ms. Gabel said that the rooP sign ia atill viaible from Highway 65 but because of the growth of the trees it xould not remain visible much longer, k,r. McKee said t,he a� on the pylon �ould be alna�� identical to present one in terms of color. design� shape and lighting except that an arrow Would be added. a alight size differenc� (6a6 versus 5oc5), and it �ould protrude about 3 feet from the pole. Ma. Gabel also noted that the polea �rere in need of repair and Mr. McICse said t,hey xonld bs rustoleumed and t;nen painted. Mr. Hill indicated that he has also been xorking �ith t�fr. Tan on 2andscaping xhich raill bs im�Iementsd when the drai.n�ge problem ia the area ia Worked out. 1rlr. Hill alao noted the requirement tlut a legal non- conforming aign daasaged nwre tban 50;8 nf its value needs to be removed or can be repaired or replaced with a variance and siga permit. 2''10TION by Mr. Coleman. seconded by Mr. plemel� to close the public hearing. IIPON A VOICFs VOTE� ALL VOTING AYE� CHAIRWOMAN GABEL DECLARED T� PUBLIC HEARING CI4SED AT 8:1� p.M. 5U APPEALS COMM7�SION MEETIIJG - MAY 11. 1982 PAGE 5 It l.he vari,anoe ia approved� 226 sqvare lootage of ai� �rill be in nse. Tbe alloxable aignage xithout the variance ia 80 square ieeti a 146 sqnare toot ov�erags. Commisaiori �oembers agreed, bo�rev�er, t�at becanae oP the uriiqueneas ot the location ot the eatablishment t,he aigna.�sre neceaaary. Alternative aoluti,�ns irers eaplored �rith none being a vi,able solution. Stalf had not been able to diacov�sr an alternative either. It raa deterui.r�sd that a hardahip did exist. MDTION by Mr..$arna� aeconded by Mr. Plea�al� t�hat the Appeala Commieaion reaommend to t�e Ci�y Council� through the P1Anriing Commission, approval of the variance to all.ox the inatall.ation or a 36 aquare foot �rae etanding sign ia -- � the parking�lot that xill be in sddition to s roof aign that ia 190 squars fset, and to allow an existing billbcard that ie on the aouthw�sst corner bf Central Avenue and Ffreside Driv�e in R-4 �oning xhich is on�y permitted in C-2S, or M-1 or �2 Loning� the vertical distance between the bottom of the aign and the ground from the required minimum of 10 feet to 9 feat= to reduce the setback lron atreet right-of-xay from the required 30 feet to � feet= to reduce the distance .from street intersection a from the required S00 feet to 30 feet and to allow this billbaard to be in a residential district instead of the required S00 feet from a resider�tial district� located on_parcels 4550 and 4E�W in the north ha1P of Section 12. the same beir�g 1160 Fireside Drive NE.because of the uniqueneas of its location, no complainta from neighbors have been received� neither Staff or the Commission has an alternative signing recommendation Whieh xould satisPy the Code and 1✓,r. Tam purchased the establishment �,ri.thout Imowledge that the signs were illegal non-conforming signa. UPON A VOICE VOTE� ALL VOT]NG AYE� CHAIRWOMAN GABEL DECLARF�D THE MOTION CARRI�D UNAN]I�SOUSLY. In viex oY the p redne�s of some paople applying for a variance� and a]ack by othera, Chairwoma abel requested that each Commiasion member bring to th� next meeting ideaa for a ideline xhich could be diatributed to those requesting a variance xhich xould eatab the information which will be necessary xhen appearing bePore the Commission . examples of hsrdship� alternatives considsred, discussion �rith the neighbors fnvol etc.). ADJOIIRNMENT� MOTION by Mr. Baraa� aeconded by Mr. Coleman� to � VOTING AYE, CHAIRWOMAN GABII, DECIARED TEIE APPEAL$ ADJOURNID AT 8�45 P.M. RespectSully anbmittsd, Pat Von Mosob Recording Secretary UPON A VOICT VOTE � ALL i�.�.ETIlJG OF MAY 11� 1982, ---- ----- �- - �---- �> c � i1PS i�P iR ,t/f � � — _ � �i �� , -�-� � 5V - - --�,�`�� -- � ,� _ - - '� -- --- - . f- � . . �0 � . �`, .; .��4� , _..�'_ __ ___ ;< --- -�� :i . .� - -- -- ��- - � ----- ---- - — ----- --; --- - ----- � . -; , � . ------ -----� --- -- - -- � --- -- -- - - -- � __ ` T � ` _ - --- ----- --�- --- ------ - � --- � � --- � V" / � -�.�,� `,. _--- -- - -- � -.- - ---- \ ,�. . - -� ,./ �. . - -- -- �/ � \ ----- -- /� v , � • g ----------X--- - -' -- ------ -- ---- - ---- - � �+�1 � � -,: ,.. �, .��--- �. -- L -� � � ____ __ ��, __ _______ _ _ ...�:__-_ __ � _ _ ______ _._ � /;: _ �� _ � ___ � ��/ n � 1 � ��,: -------. _ � /, - --------- ------- .�------ --- -- �1 ��"--�------- ------- _ --- � !�.-. - ---- . ------ �.. - ------ -- _� �. _ -- � � � -- � � -- -- ! ; • i , .�'/:• ��, � r ; , � _-_____ __._ 1 r-.___-______-____ __________ ._ -� _ _ `;, � ,�� - ; �---- ---------_ --_--- �� . _---- - ----------_-_------- - ------- - ,, - .-- -__ . ,, : --- ------- — - --== f /i;; 4, , -- --- --- ------- - --------. ___ l �.�i� _- -- - - - --- =----- - ---!' - --,--- - ��PS ' ----- - --- ---- _-- ` � -- __..._ ' ! � --------- ------ - --- --------- --- - - - --- -- -- - _- - -- -- ---- - -- — \ � --•- - � - � - _ _ - -- ��e5 , �� i+�� 5� k��' - ---- -- -- - ---- - --- - ��' --- - � � —�----- -- - -- --- -- - - - --- - � � - - ---- -- . ---- ----- --- -- --- � �,�<<s --- ---- --- --- ---- — �--�'-Q -----. --- -- -- - � ; - =---- � ----- --- ------- � - —� - -- ---- - ._ _---- — � ---- -- �=_`_- �� - -- -------- - -- - - - - - ---- ---1` � -_ - -- ----- - - _ - -_ -- --- - -- - � � �--- ��S �'� -- �� 5.------ ---- --- -- - — -�-- -------- - - -- -- -- - . '/ � . ..�. - --- -- - -_- -- �-- -{�Gl.%ZCQMC� � tit-eXis � r� os 7� _ '—_r vs..� �� u�� __ G� _ �__.S �'i�. C � �Q s i � � � c►-� �"-,-"Y ° _b � sf �� - - -� -- — ----- �_ �Q��.� ��-.�;�� -�__ -- � _._ _ _ -- l�J � INSTRUCTIONS TO HUMAN RESOURCE COMMISSION REGARDING COMMUNITY SERVICE ORGANIZATIONS' FUNDING FOR 1983 FIRE DEPARTMENT MEMORANDUM - DATE: May 17, 1982 - MEMO T0: Nasim Qureshi, City Manager � 82-5-2 FROM: Robert D. Aldrich Chief � " � RE: Expanded Mutual Aid Chief Ron Fagerstrom of the Spring Lake Park Fire Department has requested that the existing mutual aid agreement between the two departments be expanded. The present agreement, which was outlined in a letter of agreement in 1954, limited Fridley's response to the area of the corporate limits of Spring Lake Park. The reason for this limitation evolved from the fact that the Spring Lake Park Fire Department is a private non-profit fire department. At the time of the previous agreement Spring Lake Park provided protection over a wide area of the south east portion of Anoka county and also part of Ramsey county and charged the user. This was not compatible to our municipally supported function. Through the years the protection district of Spring Lake Park Fire Department has solidified and now includes only the areas of Blaine, Moundsview and Spring Lake Park. Although they remain as a private non-profit corporation each of the three mentioned communities provide the budget funds. Our department recently held a joint training exercise with Spring Lake Park and were of the opinion that they are reasonably well trained, and they have a sufficient amount of up-to-date equipment. I have discussed �this with the officers of our department and also the membership as a whole, and we agree that it would be in the best interests of both the City of Fridley and the communities served by Spring Lake Park to expand the agreement. As a side note, Spring Lake Park is a participant in the joint purchase of the air compressor and has been a very good partner. I have enclosed a copy of the recommended contract for council approval. RDA/el Enclosure �� n � . 1 1: � : 1 • � � ' �r' t' :�I? I:r ' �.' 1 �`� : • ` �' :�'�: � I:r � :� 1�• I:r'� "' t"rl:r ` �' I: M �' •' 11 :� : 1 RIiE S�II�� I� pAi�K FIRE DI�A�� ]�� I. R]�06B ' � The City recognizes that it has authority pursuant to the provisions of the Joint Ebcercies of Pawers Act, Sec. 471.59, Minnesota Statutes, to enter into an agreanent to jointly anci coaperatively exercise a power cos�anon to each of the contracting powers, the result being to establish a Mutual Aid , Agre�nent between the two parties with authority and responsibilities relating to fire suppression, fire prevention, training, public f ire education, arson investigation and natural and man made disasters common to all communities, together with power and authority to implement such servioes as set forth. � s• 1 1 • •- �'r•. . For the purposes of this Agreement, the terms c7ef ined in this section shall have the meanings given them. �bd. 1. "Party" means a governmental unit or corporation which is a party to this Agreenent. S�bd. 2. "Eligible party" means a unit which is entitled to become a party to this Agree�nent, at its own option. The eligible parties are the Fridley Fire Department and the Spring Lake Park Fire Department, Inc. S1�bd. 3. "Requesting garty" means a party which requests assistance fram other parties. �bd. 4. "Responding garty" means a party which provides assistance to a requesting garty. Sl�bc3. 5. "Assistance" includes fire personnel and equipment. 7A 0 �bd. 6. "Requesting official" means the persoa� who has be� designated by the requesting party to request assistance fran otheL parties. �bd. 7. •Resporx]ing official" is the pers��who has been designated by a party to detesnine whether and to what extent that party should provide assistance to_a requesting party. ' �bd. 8. "F�nergency" means sudden and unforseen situation requiring inanediate action. III. PA�riTffi The parties to this Agreement shall consist of the Fridley Fire Department and the Spring Lake Park Fire Department, Inc. E�� ::.��s�.n; :� S�bd. l. Each party shall designate, and keep on file with the Chief of the clepartment, the name of the person of that party who shall be its requesting official and responding official. A party may designate the same person as both the requesting official and the responc7ing off icial. A party may designate alternate officials to act in the absence of the official. S�.ibci. 2. Whenever, in the apinion of a requesting official of a party, there is a need for assistance from other parties to assist the requesting party, such requesting official may, in his discretion, call upon the responding official of any other party to furnish assistance to and within the bounaaries of the requesting party. It is the intention of the parties to this contract to cooperate in the ev�t of an emergency by making available to a requesting party necessary or requested fire f ighting equipment and personnel (wittiout undue delay) . Stiib�d. 3. IIpon the receipt of a request for assistance from a party, the responding official for any other party may authorize and direct the Fire 7B � . _ 7C Depart�nent personnel of the responding party to provide assistance to the requesting party. i�ether the r�nding party shail provide such assistance to the requesting party and, if so, to what extent such assistance shall be provided shall be determinec3 solely by the responding official (subject to such supervision and direction as may be applicable to him within the goverrunental structure of the party by which he is employeci). Failure to provide assistance will not result in liability to a party. Subd. 4. When a responding party provides assistance under the tenas of this Agregnent, it may in turn request assistance from other garties as "back- up" during the time that it is providing assistance outside its boundaries. Subd. 5. Whenever a responding party has providecl assistance to a reqnesting party, the responding official may at any time recall such assistance or any part thereof to the responding party, if the responding official in his best ju3gm�nt de�ns this necessary to provide for the safety and protection of his own co�nunity. S�bd. 6. When a responding garty supplies equipment and personnel to a requesting party, said equipment and personnel shall remain under the _ direction and control of the responc��ng party; shall be paid by the responding party; shall be protected by the Worker's Compensation of the responding party; and shall otherwise be deaned to be performing their regular duties for the responding party. However, the responding party shall undertake to coordinate with the requesting party the assistance which it provides. Subd. 7. A responding party shall be responsible for its own personnel, equipm�t and supplies and for injuries or death to any such_personnel or damage to any such equipment or supplies, except that unused equipment and supplies shall be returned to the responding party by the requesting party when circumstances permit this to be cbne. � Siabd. 8. The req�esting party shall not be responsible for any injuries, losses or c7a�nages to persons or praperty arising out of tl�e acts of any of the personnel of a responding party nor shall the responding party be responsible for injuries, losses or damages arising out of the acts of any of the , personnel of the requesting party or the personnel of any other responding PartY• � Si�bd. 9. Technical servioe and assistance of non-emerg�cy nature may be requested and/or provided by the parties to this Agre�nent. v. � Each party to this agreement sball maintain insurance policies covering personal and public liability in the aanount of not less than $300,000 for each of the above mer�tionecl risks and Worker's Compensation for its personnel. Said policies shall oover d�nage or injury caused by negligent operation of its vehicles while aperating under the terms of this agreement outside of its corporate limits or contract areas and shall furnish the first party a Certification of said insurance policies. / .IY1•i�.::.�• � 4�:, 1.'Vy�� ;l Each party may withdraw at any time upon thirty (30) c7ays' written notice to the Qtief of the renaining party. � 7D IN WIa]F�S �DF, the undersignec7, on behalf of their governmental unit, have executed this agreenent pursuant to authorization by the City Council of the City of an the day pf , 198_. 'liiE SPRING I�RE PARR FIRE D�AI�II�l�, IIJC. BY President City of BY It's Mayor � Secretary � It's City Manager or Clerk 5/1?/82 7E 0 VIRGIL G. MERRICK DAVID ►. NlWMAN HERRIGK & NEWMAN, P.A. A7T01lNEYS AT LAW 3 May 21, 1982 Mr. Nasim Qureshi City Manager 6431 University Avenue N.E. Fridley, Minnesota 55432 Re: Leigh Investments, Inc. v. City of Fridley Dear Mr. Qureshi: 627Y UNIVERfITY AVENUE N.E. FRIDLEY. MINNESOTA 55432 a� � .seso Enclosed please find a Stipulation of Dismissal in the above-entitled action. The contents of the Stipulation are as discussed with the council Monday, May 17th. The Stipulation is drawn so as to require signatures of two officials of the City of Fridley. I would suggest that it should be signed by the manager and yourself. VCH:kao Enclosure cc: Jeffrey Carson Sincere7,�, / � ��G � Virgil C. Herrick : . � STATE OF MINNESOTA COUNTY OF ANORA ) Leiqh Investments, Inc., ) ) Plaintiff, ) ) vs. � ) The City of Fridley, ) ) Defendant. ) e DISTRICT COURT TENTH JUDICIAL DISTRICT � STIPULATION OF DISMISSAL File No. The above-entitled matter having been brought by Plaintiff, the Defendant having answered the Complaint, and there having been discovery commenced in this action, it is now the desire of both parties to reach a stipul.ated agreement in this matter and to resolve by this stipulation all matters between the parties that concern the subject matter of the instant lawsuit. The parties hereto stipulate and agree as follows: l. That the City of Fridley shall forthwith grant a special use permit and a building permit to Plaintiff for construction of a duplex dwelling unit at 20 Osborne Way N.E., legally described as iot 4, Block 2, Leigh Terrace. Said duplex shall be constructed in accordance with the plans and specifications presently on file with the City of Fridley. 2. Plaintiff, Leigh Investments, Inc., shall give up its claim for the construction of a duplex dwelling at 31 Osborne Way N.E., legally described ss Lot 3, Block l, Leigh Terrace, and agrees hereby to dismiss its claim with regard to said Lot 3, Block 1, Leigh Terrace. 3. Both parties agree that, in consideration of the above, they shall enter into this Stipulation of Dismissal and are forever barred from further litigating the merits of the instant action. Dated this day of 198Z. LEIGH INVESTMENTS, INC. CITY OF FRIDLEY: By' • By: ohn R. Doyle, P ident By: : ^.. . _ = L..`'w --_ ±+,» ��:;=�. . : - - - . _ - j � s � .� � .; " f ..r , . `' ` � � i • ' { �i.. ti ti • -r• � `yi' �M ' i � N?j� . .',Cr: ' �_ . `` _ - . 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' . f� ` •: . r�Nq � /r TI//. � . ; � 1 ` Y%� •l��A.�='� � _ • ' •�S O , /'` M C - `y'j ! � �';I'� � d' � r�-. !-.+ t�� f• /� t � � � � - - •- �J t • -- ��1� � � / �'`!--•-�� :'�!•�:ei► , ,:riJt:.L:01 7` 34U • ''l� 1� ",' t °� r 7335 '�, � y j�s� � i� 9 •� �47 :t35� 123 � !�9 .'�� •� •'r ` �c :. / �� t��•_� . �t: �ol �, • Q . �, � �j9 , � �s�,;,„. ,,=�� GLE�! C:E�h� �' ' � ,.:;� �'� . . � �/ -yJ �'� • . : �. � � D. tr .-- c� - ---- � :: � �. � 5 �. . . .. .. -- , .- , . � , .,.. � • t�.x; ! ! �; � . :.�. ('�, - , � l., � .� •. / �~+:r •�'+-� .tt� ::� � '��G6/.� .� ��I J � ��, �✓, '� �. �vq..�� + .>�� . i � �. ��* /� s`„! ilZ ��. •... �}�. 7 1 ' ��Z�V� i . • •ti �. ti.- RESOLUTION N0. 1982 ' RESOLUTION RECITING A PROPOSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANr 'I�0 THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF ENERGY, PLANNING AND DEVELOPMENT OF THE STATE OF MINNESOTA AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT (G. W. PASCHKE PROJECT II) . WHEREAS, (a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act") as found and determined by the legislatnre is to promote the welfare of the state by the active attraction and encouragement and development of economi- cally sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; � � (c) The City Council of the City of Fridley - (the "City") has received from G. W. Paschke Properties, a sole proprietorship (the "Company") a proposal that the City assist in financing a Project Y�ereinafter described, through the issuance of a Revenue Bond or Bonds or a Revenue Note or Notes hereinafter referred to in this resolution as "Revenue Bonds" pursuant to the Act; (d) The City desires to facilitate the selec- tive development of the correr►unity, retain and improve the tax base and help to provide the range of services and emplayment opportunities required by the population; and the Project will 9R assist the City in achieving those objectives. The Project will help to increase assessed valua:tion of the City and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the community; (e) The Company is currently engaged in the business of owning and developing real estate. The Project to be financed by the Revenue Bonds is an approximately 17,350 sq. ft. light industrial facility to be located in the City and leased to various industrial tenants and consists of the acquisition of land and the construction of buildings and - improvements thereon and the installation of equipment therein, and will result in the employment of additional persons to work within the new facilities; (f) The City has been advised by representa- tives of Company that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic� feasibility of operating the Project would be significantly reduced, but Company has also advised this Council that with the aid of municipal financing, and its resulting Iow borrowing cost, the Project is economically more feasible; (g) Pursuant to a resolution of the City Council adopted on May _, 1982, a public hearing on the Project was held on June , 1982, after notice was published, and materials made available for public inspection at the City Hall, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to speak were heard; (h) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act (Chapter 474, Minnesota Statutes), consisting of the acqui- sition, construction and equipping of facilities within the City pursuant to Company's specifications suitable for the operations c3escribed above and to a revenue agreement between . � the City and Company upon such terms and conditions with provisiona for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the Revenue BQnds in the total principal amount of approximately $700,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project; and said agreement may also provide for the entire interest of Company therein to be mortgaged to the purchaser of the Revenue Bonds; and the City hereby undertakes preliminarily to issue its Revenue Bonds in accordance with such terms and conditions; . 2. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision 1 of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to Company to undertake the Project, and that the effect af the Project, if undertaken. will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City retain and improve the tax base and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community; 3. The Project is hereby given prelirninary approval by the City subject to the approval of the Project by the Commissioner of Energy, Planning and Developr�ent (the "Co�nissioner"), and subject to final approval by this Council, Company, and the purchaser of the Revenue Bonds as to the ulti- mate details of the financing of the Project; 4. In accordance with Subdivision 7a of Section 474.01 Minnesota Statutes, the t�Jayor af the City is hereby autY►orized and directed to submit the proposal for the Project to the Commissioner requesting his approval, and other officers, employees and agents of the City are ]�ereby authorized to provide the Commissioner with such preliminaxy information as he may require; 9C 5. Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner; 6. Briggs and Morgan, Professional Association, acting as bond counsel, and First Corporate Services, Inc., investment bankers, are authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and other terms and provisions of the Revenue Bonds and as to the covenants and other provisions� of the necessary documents and to submit such documents to the Council for final approval; 7. Nothing in this resolution or in the documents pre- pared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; 8. In anticipation of the approval by the Cor,�missioner, the issuance of the Revenue Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Bonds as Company con- siders necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but otherwise without liability on the part of the City; 9. The actions of the City Clerk-Treasurer in causing public notice of the public hearing and in describing the general nature of the Project and estimating the principal aJnount of the Revenue Bonds to be issued to"finance the Project and in preparing a draft of the proposed application to the Commissioner for approval of the Project, which has been available for inspection by the public at the City Hall from and after the publication of notice of the hearing, are in all respects ratified and confirmed. Adopted by the City Council of the City of Fridley, Minnesota, this day of June, 1982. Attest: City Clerk Sidney C. Inman Mayor Wi 11 i am J. Plee 9D 10 RESOLUTION N0. - 1982 RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPR4VEMENT PROJECT ST. 1979-4 (STORM SEWER PORTION) BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: 1. The City Clerk has with the assistance of the engineers heretofore selected by this Council for such purpose, calculated the proper amounts to be�spec- ially assessed for the STREET IMPROVEMENT PROJECT ST. 1979-4 (STORM SEWER PORTION) in said City against every assessable lot, piece, or parcel of land in accordance with the provisions of law, and has prepared a�d filed with the City Clerk tabulated statements in duplicate showing the proper description of each and every lot, piece, or parcel of land to be specially assessed and the amount calculated against the same. 2. Notice has been duly published as required by law that this Council would meet in session at this time and place to pass on the proposed assessment. 3. Said proposed assessment has at all times since its filing been open to inspection and copying by all persons interested, and an opportunity has been given to all interested persons to present their objections, if any, to such proposed assessment, or to any item thereof, and no objections have been filed, except 4. The amounts specified in the proposed assessment are changed and altered as follows: 5. This Council finds that each of the lots, pieces, or parcels of land enumerated in said proposed assessment as altered and modified was and is specially benefited by the STREET IMPROVEMENT PROJECT ST. 1979-4 (STORM SEWER PORTION) in the amount in said proposed assessment as altered and modified by the corrective roll in the amount set opposite the description of each such lot, piece, or parcel of land, and that said amount so set out is hereby levied against each of the respective lots, pieces, or parcels of land therein described. 10 A PAGE 2--RESOLUTION N0. - 1982 6. Such proposed assessments as altered, modified, and corrected are affirmed, adopted, and confirmed, and the sums fixed and named in said proposed assess- ment as altered, modified, and corrected with the changes and alterations herein above made, are affirmed, adopted, and confirmed as the proper special assessments for each of said lots, pieces, or parcels of land respectively. 7. Said assessment so affirmed, adopted, and confirmed shall be certified to by the City Clerk and filed in his office and shall thereupon be and constitute the special assessment for STREET IMPROVEMENT PROJECT ST. 1979-4 (S70RM SEWER PORTION) 8. The amounts assessed against each lot, piece, or parcel of land shall bear interest from the date hereof until the same have been paid at the rate of ten (10) per cent per annum. 9. Such assessment shall be payable in ten (10) annual installments payable on the first day of January in each year, beginning in the year 1983, and con- tinuing until all of said installments shall have been paid, each installment to be collected with taxes collectible during said year by the County Auditor. 10. 7he City Clerk is hereby directed to make up and file in the office of the County Auditor of Anoka County a certified statement of the amount of all such unpaid assessments and the amount which will be due thereon on the first day of January in each year. PASSED AND ADOPTED BY THE CITY COUNCIL OF 7HE CITY OF FRIDLEY THIS DAY OF 1982. MAYOR Wil iam J. Nee ATTEST: CITY CLERK Sidney C. Inman TME CITY OF �q{ L Y DATE y FROM D.P, SUBJECT .......«_�--�^`!S'�—::.-..:� --�..�-,,..ast..�.�....�,..�...�.v,++r•.-m- �-........ ..s,,.f ...�... _ . � i..K .. - . DIRECTORATE OF PUBLIC WORKS June 1. 1982 MWCC Interceptor Connection-- Totino's Pond TO 11 , MEMOiaANDUM ACTION INFO• _ Currently, we have a sanitary sewer line running through our Uak Glen Creek detention pond on the Totino property. This line precludes us from maximizing the available property for water detention. We have negotiated with UD Cantracting (Mike Gammon) for removal of material, shaping of the pond and seeding the area. In order to accomp1ish this work, it is necessary that we remove the sanitary line in the pond area and make direct connections anto the MWCC's interceptor. Attached is a resolution, necessary to obtain MWCC approval. " Recommend the City Council approve the relocation of these lines and adopt the attached resolution. JGF:ijk Attachments � x�aur�o� �. ....�. - �e� A RE.SOLDTION APPROVIPG THE PERhIT APPLICATION P'OR �.'IZ�1 TO �E I�E'.Q�OLITAN i�l,.S'iB O�NTROL OO�iISSION FACII.I'i�S B£ IT RF.S�VID by the Council of the City of Frir3ley, as follows: 1. Tt,at the Council hereb� approves the permit a�plication for the revised sanitary sewer connect�on of the 8" Fridley line into the 78" MWOC line. 2. That this permit application be forwarded to the Metropolitan Waste Control Catanission. 3. That this connection is oonsistent with the City of Fridley Comprehensive Plan. PASSID AI�ID ADppTID gy THE CITY O�IL OF THE CITY OF FRIDLEY THIS �,�,_,_ IIAY OF , 1982. ATI'�'!': SIDNEY C. Il�'l1�N - CITY CI,ERR 3/10/31 WIiZIAM J. NEE - MAYOR 0 11 A � „�`• �.�,,`"� ,",�y� . � ,4�+��.�Y, `: :.� ��r�,�'e”` _..:,R; �'K"� : , . . � y ` � - , r . � � i a ��hl�.� ''* ,.. � f""� �.: - . .. � � t�. 7 ti L:'� �� Y .yf � / j �. t ' -:►•; ..,.... i � , t.t'..� � � � � .+ r • , 'i r r e< �i, : . - — . • k � ,� �i sJ`� . s -s,. 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K"� ' .0 � w• .�-`r r" �►-'°��'r ,L J .av- f ��i � �� _ � y- � Z ��i . �� • � � ` ; • • .... '� � i . `� � . � • : : � • ? _� " .-;�. ; .�._ . a.� _ - �: ;z.� ��.. .. . vr • � � �� • r � . �� : .�:: .. .... -;: � . .-: ;-; -::; _; . • ,� .. . :,. � ��y! _,:� �-. 1a. _ !- W . "�:-; _ . -.- . _ - - - � f_.- :. --�;�._ �. 'i ,( Vi ;- . ( � . : . . _-... -. . -.. . - �-� - . . ., .. ,. � � �. ; : .. � �e _ - � 7. r' � L .' � � . .r . o4ao _ - i� .�Z . , ; � ,: -, ,} '.� �• ` �' .' '� s �' - . � � �S 0 `' � ` •� � 0 �. v: � + �= �. _ - _ • . . � r-1. � .� . ' ry -.�.�- .� ` ' :z" � ^'`*i+F Js.. • V. '.�yi c � _: . ��ti • '7•� 'z. � . L � • . � .`! .'d � . � .F�� C �i • _ _' . �' . � . , , ..S .- • • � 9 :: �_ ✓ e ' ; ' : • ' . ' O : 0 , '_ � . � ` y � � � ' � �� .,cv: . � e a � _-� ,: « t . . . • �'i � C � � 9 . � . O = :y _ •_ � ,; e � - : . O � �� a ••. � . ' t,� s . _ a � . , « . _''•'.' » m • . 1` � x 0 ' , i •.�� W ~: �I ` ' � I t 3- s _ � ,. j , �. . '.�' � 0 . _ ' � I .r�' 'f � . , � �. • 1 �.• cl . C J J� . .R�.- �.— \r , .• : . �,,,M• • , � � s Ii .- - e :� Sf ` � _ . � � ' 2- . � _ . �� .'� �::4'-_ . . . l ' - -°�- :�,—� , , �� -��-'�•M•8.W'��'��►/ w_ .. ::- , � , . � .d . � � 11 B _ _ __ _ , . �. T� �,�..,.� �., -�- f . -- --- . �.- �,.: _ TME CiT�/ OR DIRECTORATE OF PUBLIC V1/ORKS FRt � �ATE � MaY e � FROM D.P.W. JoF SUBJECT � A 73rd and University Avenue Intersection Q•� �� MEMORANDUM Our St. 1982-2 Street Improvement Project consists of widening and improving the intersection of 73rd and University Avenue. We have obtained an agreement from MnDOT to complete this work and it is identified as SAP 127-307-06. Recommend the City Council authorize the acceptance of the agreement with MnD01'. Resolutions are required to enter into this agreement (attached). Because the State requires that they approve the agreement prior to the award of the contract, recommend the City Council authorize the City Manager to release the award of contract after the State has executed the project agreement. JGF: i j k ACTiONj INFO. � Mn/DOT 21232 (9-gp� �A CITY OF FRIDLEY � RESOLUTION N0. � 60858 A RESOLUTION TO ENTER INTO AGREEMENT.��O. �60858 WITH MnDOT FOR INTERSECTION WIDENING AT 73RD AVENUE AND UNIVERSITY AVENUE N.E. � . BE i� RESOLVED that the City of Fridley enter into Agreement t•IO. 60858 with the State of Minnesota, Department of Transportation for the following purposes, to-=�it: to provide for payment by the State to the City of the State's share of the costs of the city contract construction which is upon and along 73rd Avenue Northeast and is within the Trunk Highway No. 47 (Univer- sity Avenue) right of way limits to be performed under 5tate Aid Project No. 127-307-06 and State Project No. 0205-51 (T.H. 47=156). A^ IT FUn1"r�':R RESOLVI:D that the proper Cit.y_ Officers are i�ereby at;t}�orized and directAd to execute such agree�►ent. CERTI F ICF.'i'IOr: State of !linr�eso*a County of Anoka City of Fridley I hereby cer*_ify t}�at the foregoing Resolution is a true and correct copy of the resolution presented to and a�opted bv the Council of the City of Fridley at a du y authorized meeting thereo helc� on the day c 19 , as shown by the minutes cf saic3 meeting in r.�y posscssion. City Clerk a �: DESIGN STATE OF MINNESOTA AGREEMENT NO. DEPARTMENT OF TRANSPORTATION COOPERATIVE CONSTRUCTION AGREEMENT �60858 S.P. 0205-51 (T.H. 47=156) , (State Funds) Agreement between The State of Minnesota Department of Transportation, and The City of Fridley 1� : State cost participation intersection revision by the City at the T.H. 42- 73rd Ave. N.E. intersection �r AMOUNT ENCUMBERED $24,676.75 AMT. RECEIVABLE (None) THIS AGREEMENT made and entered into by and between the State of Minne- sota, Department of �ran=portation, hereinafter referfed to as the "State" and the City of Fridley, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". WITNESS£TH: WHEREAS the City has prepared plans, specifications and special pro- visions designated by the City as "SIGNAL & STREET IMPROVEMENT PROJECT NO. 1982-2" and by the State as State Aid Project No. 127-307-06 and State Project No. 0205-51 {T.H. 47=156); and � �� . �. �� c 60858 !� WHEREAS the City is proposing to award a contract for the construction set_forth in said City plans,-specif ications and special provisions consisting of grading, base, bituminous surfacing, concrete curb and • gutter, signal revision and other associated construction work ttems; and WHEREAS said proposed City contract construction is to be performed upon and along 73rd Avenue Northeast from Commerce Circle East to Symphony Street within the corporate City limits; and WHEREAS certain portions of said proposed construction are to be per- formed within the right of way limits of Trunk Highway No. 47 (Univer- sity Avenue) at its intersection with 73rd Avenue Northeast; and WHEREAS the City has requested State cost participation in all of the construction to be performed within the Trunk Highway No. 47 (Univer- sity Avenue) right of way; and WHEREAS the State is willing to participate in the costs of the con- struction performed within the Trunk Highway No. 47 right of way as hereinafter set forth; and WHEREAS the revision of the inplace signal system at the Trunk Highway No. 47 (University Avenue)-73r8 Avenue Northeast intersection to be -2- � �. �. 12 D 60858 _, � performed under said City contract will be covered under a separate Traffic Agreement No. 60608 between the State and the City; and � WHEREAS Minnesota Statute 161.20 authorizes the Commissioner of Trans- portation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. IT IS, THEREFOREi MUTL�ILLY AGREED AS FOLLOWS: ARTICLE I- CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City shall duly receive bids and award a contract fo the lowest responsible bidder, subject to concurrence in such award by the State, for the grading, base, bituminous surfacing, concrete curb and gutter and signal revision construction and other associated construction work items upon and along 73rd Avenue Northeast from Commerce Circle East to Symphony Street to be performed in accordance with State approved City plans, specifications and special provisions therefor designated by the State as State Aid Project No. 127-307-06 and State Project No. 0205-51 (T.H. 47=156). Said city contract construction shall be performed in accorc3ance with the State approved city plans, specifications and special provisions which are on file in the.office of the City Engineer at Fridley, Minnesota, and in the office of the -3- � �. -. 12 E 60858 _� � Commissioner of Transportation at St. Paul, Minnesota, and are made a part hereof by reference with the same force and effect as though fully set forth herein. Section B. Documents to be Furnished to the State The City shall, within 7 days of the opening of bids for said city contract construction, promptly submit to the Municipal Engineer of the Department of Transportation a certified copy of the low bid re- ceived and an abstract of all bicls received together with the City's s request for concurrence by the State in the proposed award of a con- struction contract. The City shall not make the aforesaid construction contract award until the State advises the City in writing of its concurrence therein. Section C. Cancellation of Agreement Each party to this agreement reserves the right to withdraw from and - cancel this agreement within 30 days from the opening of bids contem- plated in Section A. above in the event either or both parties consider any or all bids unsatisfactory; the withdrawal from or cancellation of the agreement to be accomplished by either or both parties within 30 days of opening of bids by serving a written notice thereof upon the other. Section D. Direction, Supervision and Inspection of Construction The city contract construction work contemplated herein shall be under -4- '• � L F 6085$ t the direction of the City, and shall be under the supervision of a registered professional engineer; however, the state cost-participation construction to be performed under said city contract shall be open to inspection by the District Engineer of the Minnesota Department of Transportation at Golden Valley or his duly authorized representatives and must be approved by said District Engineer as satisfactory before any payment is made by the State therefor. In addition, the City sY�all give the said District Engineer five days prior notice of its intention to start the work to be performed under said city contract. The responsibility for the control of materials for the state cost participation c onstruction hereunder shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's Standard Specifications for Hi�hwa Construction, 1978 Edition. Section E. Completion_of Construction The City shall cause the said city contract construction to be started and completed in accordance with the time schedule set forth in the °Specifications" for "STREET IMPROVEMENT PROJECT ST. 1982-1 & 2". The completion date for said city contract construction may be extended by an exchange of l�tters between the City Clerk or City's Engineer and the District Engineer of the Department of Transportation at Golden Valley for unavoidable delays encountered in the performance thereof. -5- � �G �-. Section F. Extra Work, Plan Changes, Etc. 60858 The State shall not participate under this agreement in the cost of city contract work that is in addition to the state cost participation - described herein unless the necessary State funds have been requisi- tioned prior to the performance of such addiiional work and the terms - and conditions set forth in the following paragraph have been met. Any and all changes in the plans, specifications and/or special pro- visions for said city contract state cost participation construction to be performed hereunder and'all "Change Orders" and/or "Supplemental Agreements" entered into by the City and its contractor for state cost participation construction work to be perf6rmed hereunder must be approved in writing by the State's District Engineer at Golden Valley before final payment is made by the State hereunder. Section G. Compliance with Laws, Ordinances and Regulations It is understood and agreed that the City shall, in connection with the award of a construction contract for the work set forth herein and the administration and performance of said work, itself comply and cause its contractor to comply with all Federal, State and local laws together with all ordinances and regulations applicable to said contract award and the work to be performed thereunder. Section H. Right of Way, Easements and Permits The City shall, without cost or expense to the State, obtain all rights -6- . � . . 12 H 60858 i� of way,=easements, construction permits and/or any other�psrmits and sanctions that may be required in connection with the city contract construction to be performed hereunder, and shall promptly furnish the State with certified copies of the documents for all such rights of way, easements, construction permits and/or other permits and - sanctfons. ARTICLE II - BASIS OF PAYMENT BY THE STATE Section A. Construction Costs . Upon the satisfactory completion, in accordance with Article I hereof, of the city contract construction designated by the City as "SIGNAL & STREET IMPROVEMENT PROJECT N0. 1982-2" and by the State as State Aid Project No. 127-307-06 and State Project No. 0205-51 (T.H. 47=156), the State shall pay to the City as the State's full and complete share, an amount equal to 100 percent of the costs of all of the city contract construction which is performed upon and along 73rd Avenue - Northeast and is within the Trunk Highway No. 47 (University Avenue) right of way limits, except as noted below. The Trunk Highway No. 4? west right of way line is 100 feet west of and parallel to the Trunk Highway No. 47 southbound centerline and the Trunk Highway No. 47 east right of way line is 75 feet east of and parallel to the Trunk Highway No. 47 northbound centerline. EXCEPTION: The costs of revising the signal system at the 73rd Avenue -7- � � �I 60858 r Northeast-Trunk Highway No. 47 (University Avenue) intersection are covered under Traf£ic Agreement No. 60608 between the State and the City. Payment by the State under this agreement for the construction described above shall be based on the final quantities of state cost participation construction work items performed multiplied by the appropriate unit prices contained in the construction contract to be awarded by the City in accordance with Article I hereof and/or contained in city con- tract "Change Orders" or "Supplemental Agreements" approved by the State's District Engineer at Golden Valley in accordance with Article I, Section F. hereof. It is hereby understood and agreed that any and all liquidated damages assessed the City's contractor in connection with the work performed under said city contract shall result in a credit shared by the City and the State in the same proportion as their total share of construc- tion contract work is to the total contract cost without any deduction for liquidated damages. Attached hereto, made a part hereof by reference and marked SCHEDULE "I", is a preliminary construction cost estimate form which lists all of the anticipated state cost participation construction work items to be performed under said city contract. �� '---.--_ .-. Section B. Construction Engineering Costs 60858 In addition, said payment by the State shall include an amount equal to 8 percent of the State's total share of construction costs as � determined in accordance with Section A. above, as the State's pro- portionate share of construction engineering costs incurred by the City in connection with said state cost participation construction. ARTICLE III - PAYMENT BY THE STATE Section A. Estimate of State's Cost Share It is estimated, for accounting purposes, that the State's cost share of the aforesaid city contract construction work plus the 8 percent construction engineering cost and a$2,000.00 contingency amount is the sum of $24,676.75 as shown in said attached SCHEDULE "I", The State shall, when it has received the contract bid documents described in Article I, Section B. hereof and intends to concur in the City's award of the contract, prepare a revised SCHEDULE "I" based on the proposed contract unit prices. A copy of said revised SCHEDULE'7" will be transmitted to the City. State funds in the amount of the sum of the State's total estimated cost share of city contract con- struction plus an 8 pereent construction engineering cost share and appropriate contingency amount as shown in said revised SCHEDULE "I" will be encumbered to cover the State's payment to the City in accor- dance with Sections C. and D. of this Article III. The aforesaid �J contingency amount is provided to cover overruns of the plans estimated -g- � _t r 60858 quantities of state cost participation construction work items and/or items of State approved extra work. In the event it appears at any time that=the amount to be paid by the State to the City hereunder is about to exceed the encumbered amount of state funds which will be shown on said revised SCHEDULE "I", the City shall notify the State's District Engineer at Golden Valley there- of in order that the State may encumber such additional funds as may be deemed necessary prior to the performance of such additional state cost participation constructiori. Shouid the City cause the perfor- mance of construction which would otherwise qualify for state cost pa�ticipation but for which the State has not previously encumbered funds to cover its participation therein, the City agrees that any such work is done at its own risk. As to any such work, the State may submit the City's claim for compensation therefor to the Commis- sioner of Finance for approval pursuant to Minnesota Statute 16A.15, but no guarantee is made that the claim will be submitted or approved. In the event the State determines that the submittal of such a claim is warranted, it is hereby agreed that, if said claim is approved and a supplement to this agreement in connection therein is prepared and processed, the first $1,000.00 of the claim will not be eligible for payment. Section B. Records Keeping and Invoicing by the City The City shall keep such records and accounts as shall enable the City -10- K-'�_ �K 12 L 60858 ,�, upon invoicing the State for partial and/or f inal payment in accordance with Sections C. and D. of this article to provide the State with the following: (1) Quantities of state cost participation construction contract work items performed and, if applicable� other state cost participatyon contract items which have been paid for by the City and included in the requested payment. Said quantities are to be entered on the Modified SCHEDULE "I" form provided by the State. (2) Copies of the City contractor's invoice(s) covering the above state cost participation items. (3) Copies of the appropriate endorsed and cancelled city warrant(s) or check(s) paying the aforesaid contractor's invoice. (4) Copies of any and all city contract change orders and/or supple- mental agreements covering state cost participation contract items. (5) Certification form (provided by the State) signed by the City's Engineer in charge of the city contract construction, designated as State Aid Project No. 127-307-06 and State Project No. 0205-51 (T.H. 47=156), attesting to the following: a. The satisfactory performance and completion, in accordance with the State approved city plans, specifications, general special provi- sions and general conditions made a part hereof by ref�:rence, of the -11- � � � 60858 � , city contract construction work represented in the City's invoice, b. The acceptance and approval of all materials furnished for said invoice construction work relative to the compliance of such materials to the State's current "Standard Specifications for Highway Construc- tion", and c. The City having made payment in full to its contractor for the construction work represented in the City's invoice. (6) When requested by the State, copies, certified by the City's Engi- neer, of material sampling reports and of matexial testing results for the materials furnished for the city contract construction work represented in the City's invoice. (7) A formal invoice (one original signed copy and four reproduced copies) in the amount of the State's total cost participation per the terms and conditions of this agreement. As provided by Minnesota Statute, Section 16.095� the books, records, documents, and accounting procedures and practices of the City rela- vent to this agreement are subject to examination by the contracting department or agency� and either the legislative auditor or the state auditor as appropriate. Section C. Partial Payments by the State (Item 1.) Upon request of the City, the State will make a partial -12- 0 ' • � �� 60858 -� � payment to the City for the state cost participation construction work completed under said city contract at such time as the value of said completed state cost construction equals 50 percent or more of the estimated state cost construction amount of $20,996.9D and at such time as the City has made payment to its contractor on said '- completed state cost construction. Said par•tial payment shall be an amount equal to 90 percent of the value of said completed state cost construction or equal to the amount the City has paid to its contractor on said completed state cost construction, whichever amount is smaller, plus an 8 percent construction engineering cost share. Such request by the City for partial payment shall be made in accordance with a written procedure to be furnished the City by the State. tItem 2.) In the event that (a) the state cost participation con- struction hereunder must be suspended at the end of the construction season until the following spring or (b) completion of the city con- tract construction is in abeyance because of unavoidable delay(s) thus delaying payment by the State to the City and snch delay would be a financial hardship to the City, the State will, upon request of the City, make one of the two following partial payments to the City for the state cost participation construction work completed under said city contract at such time as the City has made payment to its con- tractor on said completed state cost construction. -13- r 0 �o 60858 � � (1) When no previous partial payment has been made to the City and if the value of said completed state cost construction is_at least equal to 25 percent of the estimated state cost construction amount _ of $20,996.90, a partial payment will be made in an amount equal to 90 percent of the value of said completed state cost construction or equal to the amount the City has paid to its contractor on said com- pleted state cost constructfon, whichever amount is smaller, plus an 8 percent construction engineering cost share. (2) When a previous partial payment has been made to the City in accordance with (Item 1.) above and if the value of the total state cost participation construction work completed is equal to an amount at least 25 percent greater than the completed state cost construction amount which was the basis for the State's previous partial payment to the City, a second partial payment will be made in an amount equal to 90 percent of the value of said completed state cost construction or equal to the amount the City has paid to its contractor on said completed state cost construction, whichever amount is smaller, plus an 8 percent construction engineering cost share minus the total amount of the previous partial payment made by the State to the City here- under. A request by the City for partial payment shall be made in accordance with a written procedure to be furnished the City by the State. -14- � 12P 60858 �s The retained 10 percent of the state cost share of the completed con- struction and construction engineering upon which either or both of the aforesaid partial payments is based will be withheld until all of the state cost participation construction work to be performed under said city contract has been satisfactorily completed and accepted by the State and the City submits an invoice for final payment. S�ection D. Final Payment by the State Final payment by the State to the City hereunder in accordance with Article II hereof of the State's total cost participation amount less the total amount of any partial payment made by the State pur- suant to Section C. above shall be made upon the satisfactory com- pletion of all of the state cost participation construction work to be performed under the said city contract, acceptance thereof by the State and invoicing the State by the City in accordance with a written procedure furnished the City by the State. ARTICLE IV - GENERAL PROVISIONS Section A. Maintenance by the City It is hereby understood and agreed that, upon the satisfactory com- pletion of the aforesaid city contract, the City shall thereafter properly maintain, without cost or expense to the State, all of 73rd Avenue Northeast from Commerce Circle East to Symphony Street and the facilities a part thereof constructed under said city contract. -15- �. �, 12 Q -t + Section B. Claims 60858 The City indemnifies, saves and holds harmless the State and all of its agents and employees of and from any and aIl claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of:the city contract construction, associated I_ construction engineering and maintenance work and services by the City hereunder, and further agrees to defend at its own sole cost and expense any action or proceeding commenced for the purpose of asserting. any claim of whatsoever characte� arising as a result of said city contract construction, associated construction engineering and main- tenance work and services by the City hereunder. It is hereby understood and agreed that any and all employees of the City and all other persons employed by the City in the performance of any construction, construction engineering and/or maintenance work or services required or provided for hereunder by the City shall not be considered employees of the State and that any and all claims that may or might arise under the Worker•s Compensation Act of the �tate of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged on any of the construction, construction engineering and/or maintenance work or services to be rendered herein by the City shall in no way be the obligation or responsibility of the State. -16- -�.� . . ],2 �� 60858 � Section C. Nondiscrimination The provisions of Minnesota Statute 181.59 and of any applicable ordi- nance relating to civil rights and discrimination shall be considered part of this agreement as if fully set forth herein. Section D. Approval Before this agreement shall become binding and effective, it shall be approved by resolution of the Council of the City and shall also re- ceive the approval of such State�officers as the �aw may provide in addition to the Commissioner of Transportation or his authorized representative. _17- 12 S 60858 . � IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers.and caused their respective.seals to be hereunto affixed. (City Seal) DEPARTMENT OF TRANSPORTATION Recommended for approval: gy �� ! .r- , �L�Director - fice of Design Services By District Engineer By Assistant Division Director Technical Services Division Approved as to form and execution: By Assistant Attorney General ' . '`,--..- CITY OF FRIDLEY By � Mayor WILLIAM . NE -18- Date BY City Manager NASIM M. QURESHI Date STATE OF MINNESOTA By Deputy Commissioner of Transportation Date (Date of Agreement) Approved: Department of Administration By �Authorzze S�gnature) Date 0 _ � � ...� tA v � O �D � • � � � � �� 0�J � � U �' � � 0 w � N H � W ' H � 0 U z 0 H E-� U � a Ei N O U a � z H � H a a a Ry � A -�-t � U N N � � � � O� 3a � - � N 'C3 '� � O� � •i� r- i. rl � � � � i�l � �1 W .. p,, ' u1 � A JC o .° .�-► . � N u a� � � � � � o � ia a�i > 3 � u � � �.-� . � � G Gf W O � i�-� Q .-� -� O +� U w � • � � � O � aC � � R3 U -rl � M � U � t� .O � 't� � � t�0 Q+ rd +� •T.i t� U � � �-1 .Q . � � x a U H +� • � W tA � Q � U � «� � E r. u o � � �O Rf '.i d-� � tn � W +� Rf 3-1 . 11 � G1 vl Rf � N 3�-i W � • � .0 � � � x o� � � Ei �3� -�o .�{ � � a� � ''.Y .�J .0 (t1 H r- � U +� U 1-1 �n tn rt ro o u,� '��rt �� O� �Q ��dU •• ow �u� b.� a .� v �ro a�� a� �� o �� tn t1� C7 U� N•r1 cn . ` oii H° -u an � NII W aii o u� �n o �n � a11 rn t� �c o � rt an • • • • • t� w.�c a, �c o �o o� t�nll o� rn � � o a � Otl o H • • • • • V11 .- u� O � N N � � wii v v v ° �II '� oii � �II � �II . � HII All . � b G1 .Q � � U N • � . b ap u, � rt - " . � � � G � -r1 O � � � � N -� rt � � a� +� o �n w `� a� a� i � r- Q 'Jy b u1 O � U +� � •� ro � cn O U O b� N o � � � � +� b � . v, � a �+ a o � u w N U t9 * * 12 T � -. ;. 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BE IT RESOLVEC that the City of Fridley enter into an agreement with the State o€ Minnesota, Department of Transportation, for the fcllowing Purposes, to wit: _ To revise the existing traffic control signal with street lights on Trunk Highway No. 47 (University Avenue ) at 73rd Avenue Northeast in accordance with the terms and conditions set forth and contained in Agreement No. 60608, a copy of which was before t?�e Council. BE IT FURTHER RESOLVED that the proper officers of the � City of Fridley be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. CERTIFICATION State of Minnesota County of Anoka City of Fridley I heteby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the Council of the City of Fridley at a duly authorized meeting thereof held on the day of , 1982, as shown by the minutes of said meeting in my possession. (Seal) � City Clerk -----� - = pCP?'. or�' �" /^��VNcE t� MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT N0. 60608 , �---•�� BETWEEN TF3E STATE OF MII�NESCTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF FRIDLEY FOR Revision of the existing Traffic Control Signal with Street Lights at the intersection of Trunk Highway Na. 47 (University . Avenue) at 73rd Avenue Northeast in Fridley, Minnesota. S.A.P. 127-30?-Q6 Prepared by Traffic Engineering ESTIMATET� AMOUNT RECEIVABLE NQNE , 0 AMOUNT ENCUIMBEREL� $5,000.00 13 � TBIS AGREEMENT made and entered into by and between the State of Minnesota, Department oi Transportation, hereinafter referred to as the "State", and the City of Fridley, hereinafter referred to as the "City", WITNESSETH: WHEREAS, it is considered mutually desirable to revise the existing traffic control signal with street lights on Trunk Highway No. 47 (University Avenue) at 73rd Avenue Northeast in the City; and WHEREAS, the City and State will participate in the cost, maintenance and operation of said revised traffic control signal as hereinafter set forthf NOW, THEREFORE, IT IS AGREEB AS FOLLCh�S: 1. The State shall prepare the necessary plan and specifications to revise the existing traffic control signal with street lights on Trunk Highway No. 47 (University Avenue) at 73rd Avenue Northeast. 2. The City shall prepare the necessary glan, specifications and proposal, which includes the aforesaid traffic control signal ' plan and specifications, for construction work on 73rd Avenue Noztheast from Commerce Circle East to Symphony Street and shall perform the engineering and inspection required to complete the items of work hereinafter set forth. Such work as described immediately above shall constitute "Engineering and Inspection" and shall be so referred to hereinafter. � ,� , , 60608 -1- 13 C 3. The contract cost of the work or, if the work is not contracted, the cost of all labor, materials,'and equipment rental required to complete the work, shall constitute the actual "Construction Cost" and shall be so referred to hereinafter. �� 4. The City shall revise or cause the revision of the i � traffic control signal with street lights on Trunk Highway No. 4 II Northeast. Estimated (University Avenue) at 73rd Avenue � Construction Cost $10,000. State's share 50 percent. City's share . 50 percent. i 5. Upon �ompletion of the work provided for in paragraph _ hereof to the satisfaction of the State's District Engineer, the State shall pay to the City the State's share of the actual Construction Cost. 6. The cost to the State for the work provided for fn paragraph 1 and the 6 gercent of the actual bid price for the State's share of the cvst for Engineering and Inspection are considered equal in value and no charges will be ma8e by either party to the other therefor. � . 7. Payment to the City wi11 be made by the State for such work which is complete and apgroved and upon submission by the City of an invoice in quintuplicate itemizing the actual Construction Cost and certified by a responsible City official that said work has been completed under the terms of this agreement. The invoice and supgorting records are subject to audit by the State's ' representative at the direction of the State. 60608 -2- � - � � - _ - - , . 13D 8. In the event the City advertises for bids for all or a portion of the work in paragraph 4 hereof, the City shall suEmit to the State a certified copy of the low bid received and an abstract of all bids received by the City, toge�her with the City's request for concurrence by the State in the award of a construction: contract. Award of the contract shall not be ma8e until the State - advises the City in writing of its concurrence. 9. The City shall perpetuate the existing electrical power supply to the service pole or pad and upon completion of the traffic control signal with street lights revision shall provide necessary electrical power for their ogeration at the cost and expense of the City. 10. Upon completion of the work contemplated in paragraph 4 hereof, the State shall maintain and keep in repair the traffic control signal except for relamping, cleaning and painting at its cost and expense; and the City shall relamp, clean and paint the traffic control signal and maintain the street lights at its cost and expense. � 11. Any and all persons engaged in the aforesaid work to be performed by the City shall not be considered employees of the State and any and all claims that may or might arise under the Worker's Compensation Act of this State an behalf of said employees while so engaged, and any and all claims made by any third party as - a consequence of any act or omission on the part of said employees 60608 -3- � 13 E while so engaged on any of the work contemplated herein shall not be the obligation and resgonsibility of the �tate. 12. The amount to be encumbered for payment to the City from Trunk Highway Funds for work performed under this Agreement is $5,000.00. In the event that at any time it appears that such reimbursement will exceed said sum, the City shall promptly notify the State's Project Engineer in writing of the reason for the increase in cost and the amount of additional funds necessary to complete the project. If approved by the State's Project Engineer, additional funds shall be encumbered by the State and notice by the State's Project Engineer to the City of that additional encumbrance will permit the City to perform that additional work. 13. Timing of the revised traffic control signal provided for herein shall be determined by the State, through its Commissioner of Transportation, and no changes shall be made thereof except with the approval of the State. 14. This Agreement shall, upon proper execution and satisfactory completion of the work provided for herein, supersede � and terminate Agreement No. 56368 dated March lb. 1970 between the City and the State. 606a8 -4- � CITY OF FRIDLEY APPROVED AS TO FORM: ?3 F s B �,� y Mayor WILLIAM J, NEE (City Seal) City Attorney VIRGIL HERRICK B y City Manager_��ASIM M. QURESHI STATE OF MINNESOTA DEPARTMEI�T OF' TRP.NSPORTP.TIOI�? RECOMMENDED FOR APFRGVAL: District Engineer Operations Division DEPARTMENT OF TRANSPORTATION By — Assistant Commissioner Dated: APPRCVED AS TO FORM AND EXECUTION: DEPARTMENT OF A�MINISTRATION . . By ' Special Assistant Attorney General State of Minnesota Dated: � , . _ . .�.. _ . . .v� - . � - - ,. . . _. .- _, p�.,. _ . . . . . ; _ . TME CITY OF DIRECTORATE OF PUBLIC WORKS FRIC�L Y DATE ._ , MaY 27. 1982 FROM D.P.W. John �, Flnr�* Pi�h1i� Wn SUBJECT Street Improvement Project No. St. 1982-1 & 2 TO Nasim M. Qureshi, Ci 14 � MEMORANDUM r ACTION INFO. We advertised for the Street Improvement Project St. 1982-1 & 2, and the bids were opened at 11:00 a.m. on May 18, 1982 in the Civic Center. Twelve bidders had shown interest in the project, and five bids were re- ceived. The low bidder was C.S. McCrossan from Osseo, Minnesota at $220,173.98. . This improvement project includes the 73rd and University Avenue inter- section widening. This work will be accomplished in cooperation with MnDOT. Recor►�r►end the City Council receive the bids and authorize awarding of the contract to C.S. McCrossan after the State executes the construction agreement. JGF:ijk � 0 C.S. McCrossan, Inc. Box A1 _ Osseo, MN 55369 � 425-4167 ; Hardrives, Inc. 3030 Harbor Lane Mpls., MN 554a1 Arcon Constructian 903 E. Forest P.O. Box #57 Mora, MN 55051 CITY OF FRIDLEY . _ 14 A ENGINFERING DIVISION � . . STREET IMPROYEt4ENT PROJECT ST. 1982-1 b 2 � Sid �pening: May 18,'19$2 � . 11:00 a.m. _ , . � . � . BIO DEPOSIT BASE BID A1-TERNATE .. ..... . .. - BID- 5X $220,173.98 $69,631.80 Firemen's fund . - Northwest Asphalt, Inc. 1451 County Road $9 Shakopee, MN 55379 Alexander Construction Co.' 14561 Johnnycake Road Apple Valley, M(� 55124 5� $223,012.39 $65,911.50 Lumberman's Mutual 5� Wasau Ins. $232,101.74 � '$71,047.00 5% I $233,215.60 � $70,554.50 Trans America 5� $247,999.47 79,739.00 United Fire Casualty �,, � - ----- . . . ... , - ---- -..., �. , , . ,.., , , : -; .e. : , _.s .. >,_� , .. _ _.j,. .: .�. ;.� . ___._ ._.. ,:_� .. � . _ � TME CtTY O� FRIt�L Y DATE FROM D.P. SUBJECT DIAECTORATE OF - PUBLIC WORKS Water and Sewer Project Na. 136 TO i �� ; MEM�RANDUM _ Water and Sewer Project No. 136 consists of the water and sanitary sewer work associated with the Uoty-Wellner Plat and the Center City Projects. We advertised for the project and thirteen bidders were interested. On May 19, 1982, 1:30 p.m., in the Civic Center eleven bids were received for the project. The low bidder was McGuire Mechanical Service, Lakeville, Minnesota at $25,260.00. Recommend the City Council receive the bids and award the contract to McGuire Mechanical Service. JGF:ijk ACTION INFO. PLANHOLDER. McGuire Mechanical Service 20715 Holt Avenue West Lakeville, MN. 55044 � -776-8542 � Dawson Construction 1803 Ferry Street So.� __Anoka, MN 55303 Julian Johnson Construction 10610 Nassau St. ��.E. 8laine, MN 55434 Cros�ings, Inc. Box_ 10 Prior Lake, Mt� 55372 447-5687 Ro-So Contracting, Inc. 2900 Rice Street St. Paul, MN 55113 Bonine Construction 12636 Main Street Rogers, MN 55374 428-2714 . CITY OF FRIDLEY ENGINEERING DIVISION WATER b SEWER PROJECT N0.'136 Bid Opening: May 19,-198Z 1:30 p.m. ~ �.., 6ID DEPOSIT 5% American Druggist 5� Traveler's Indem. 5� American InS. Co. 5� Auto Owners Ins. 5% United Ins. Co. 5� Capt. Indemnity H.B:H. Construction, Inc. � 17545 - 6th St. N.E. 5� Cedar, MN 55011 American Druggist 434-4984 � �Burschvil�le Construction, Inc. � �� Box 167 5� Loretto, MN 55357 American Oruggist 498-7023 '� 6ID AMOUNT $25,260.00 $25,727.00 $29,924.00 $32,860.00 $33,126.65 $33,749.91 $33,864.50 $34,887.00 15 A - --. - - . � . --- �- - _ -- - - -- -�-- - _. __ _ . � ].5 B � � CITY OF FRIDLEY Page 2 - ENGINEERING DIVISION - ' • � WATER b SEWER PROJECT N0,'136 8id Opening: May 19,�198Z - . � . . 1:30 p.m. . PLANHOLDER. �. BID DEPOSIT -� BID AMOUNT . William Corcoran Plumbing = 111 - 64� Way 5% $39,440.00. Fridley, MN 55432 $1,972.00 Check � - -574-9046- - �- - . .._.. - ---- - ._. .. : __ . 0 & P, Contracting Box 505 • 5� $40,811.70 ,__Osseo, MN 55369 American Druggist � � .. . . Berghorst Plbg. & Htg. � 10132 Hanson Blvd. 5% $42,623.90 Coon Rapids, MN 55433 Trans-America , ... ...-- _ _ _ . __ . . ; RESOLUTION N0. 1982 � 16 RESOLUTION AUTHORIZING A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRZAL DEVELOPMENT ACT AND THE ISSUANCE OF • • MEDICAL CLINIC REVEIJUE BONDS - TO FINANCE THE PROJECT . (COLUP1BIA PARK PR@PERTIES PROJECS) BE IT RESOLVED by the Council of the City of Fridley, Minnesota (the "City"), as foliows: 1. The Council has received a proposal from Columbia Park Properties, a Minnesota general partnership (the "Company") that the City undertake to finance a certain Project as herein described, pursuant to the Minnesota Municipal Industrial Development Act, Chapter 474, Minnesota Statutes (the "Act"), through issuance by the City of its $4,000,000 ; Medical Clinic Revenue Bonds, Series 1982 (Columbia Park ; Properties Project) (the "Bonds"), and in accordance with a Bond Purchase Agreement (the "Purchase Agreement"i among the � City, the Company and Juran & Moody, Inc. (the "Bond. Purchaser"). 2. The Company desires to acquire certain real ; estate and construct thereon an approximately 30,000 square , foot building and related impravements and equipment.suitable for use as a medical clinic facility (the "Project"). The Project as described above will provide employment to 80 to 100 additional persons and will otherwise further the policies and purposes af the Act and the findings made in the preliminary resolutic:� adopted by this Council on December 14, 1981 with respect to the Project are hereby ratified, affirmed and approved. ' 3. It is proposed that, pursuant to a Loan Agreement dated as of June 1, 1982, between the City and the Company (the "Loan Agreement"), the City loan the praceeds of the Bonds to the Company to finance the cost of the Project. The Basic Payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on tiie Bonds when due. It is further proposed that the City assign its rights to the basic payments and certain otlzer rignts under the Loan Agreement to F& M Marquette National Bank� in Minneapolis, Minnesota (the "Trustee") as security for payment of the Bonds under an Indenture of Trust dated as of June l, 1982 (the "Indenture"} and that the Com�any grant a mortgage and security interest in � � the Project to the Trustee pursuant to a�iortgage and Security Agreement dated as of June 1, 1982 (the "Mortgage") and to further secure the payment of the �3vnds and the interest thereon, enter into an Assignnent of Leases and Rents dated as of June 1, I982 (the "Assignment of Leases and Rents"). Pursuant to a Guaranty Agreeraent (Corporate) dated as of June 1, 1982, Co].umbia Park Medical Group, P.A. has guarantesd payment of the Bonds and the general partners in the Company ' have also executed a Guaranty Agreement (Personal) dated as of June 1, 1982 (the "Guaranties"). � . 3. This Council by action taken on December 14, 1981 gave preliminary approval to the proposal and on or abaut February 19, 1982 the Commissioner of Energy, Planning and Developm�nt of the State of Minnesota gave approval to the Project as tending to further the purposes and policies of the Act. 4. Pursuant to the preliminary approval of the Council, forns of the following documents have been submitted to the Council for approval: (a} The Loan Agreement. (b) �The Indenture. (e) The i�fortgage (not to be executed by the City). (d) The Assigrunent of Leases and Rents (not to be executed by the City). (e) The Guaranties (not to be executed by the City). (f) The Purchase Agrzement. �g) The Prelaminary Official Statenent dated May 26, 1982. 5. It is hereby found, determined and declared that: (a) the Project described in the Loan Agreement and Indenture referred to above constitutes a Project authorized by the Act; 16 � � (b) the purpose of the Project is and the effect thereof will be to promote the public ; welfare by the acquisition, construction and •equipping of a facility for use as a medical clinic. ' {c) t7ie Project is to �be located within the , City limits, at a site which is easily accessible to employees residing within the City and the surrounding communities; (d) the acquisition, construction and installation of the Project, the issuance and sale of the Bonds, the execution and delivery by the City of the Loan Agreement, the Purchase Agreement and the Indenture, and the performance of all covenants and agreements of the City contained in the Loan Agreement� Purchase Agreement and Indenture and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, Purchase Agreement, Indenture and Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (e) it is desirable that the Company be � authorized, in accordance with the provisions of Section 474.03 of the Act and subject to the terms and conditions set forth in the Loan Agreement, iwhich terms and conditions the City determines to , be necessazy, desirable and proper, to complete the acquisition and installation of the Project by such means as sha7.l be available to the Company ' and in the manner determined by the Company, and with or without advertisement for bids as required for the acquisition and installation of municipal . facilities; (f) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; _ _ (g) the Basic Payments under the Loan � Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, pr�-nium, if any, and interest on the Bonds issued under the Indenture when due, and the Loan Agreement, tiortgage and Indenture also provide -_ 16 B 16 C that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but w5.thout limitation, adequate insurance thereon and insurance against all, liability for injury to persons or property arising from the operation thereof, and alI taxes and special assessments levied upon or wa.th respect to the Project Premises and payable during the term o� the Mortgage, Loan Agreement and indenture; (h) under the provisions of Minnesota Statutes, Section 474.10, and as provided in the Loan Agreement and Indenture, the Bonds are not to . � be payable from or charged upon any funds other ? than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; ; no holder of any Bonds shall ever have tiie right � to compel any exercise by the City of its taxing � powers to pay any of the. Bonds or the interest or premium thereon, or to enforce payment thereof � against any property of tYie City except the ; interests of the City in the Loan Agreement which ; have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a � charge, lien or encumbrance, legal or equitable upon any property of the City except the interests of the City in the Loan Agreement which bave been assigned to the Trustee under the Indenture; the ._ Bonds s:all recite t.'�at �1:� B�r.�s are issued witl^.out moral ebligation on t�e part of the state or its political subdivisions, and that the Bonds, including interest thereon� are payable so].ely . from the revenues pledged to the payment thereof; i and, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or �. � statutory limitation. i 6. Subject to the approval of the City Attorney� the � forms of the Loan Agreement, the Purchase Agreement and � Indenture and exhibits thereto and all other documents . described in paragraph 4 hereof are approved substantially in tl�e form submitted. The Loan Agreement, Indenture and Purchase Agreement in substantially the form sub�nitted, are directed to be executed in the name and on behal� of the City by the Mayor , and the City Clerk, and any other documents and certificates 16 D . n�cessary to the transaction described above shall be executed ; by the appropriate City officers. Copies oi all of the ; documents necessary to the transaction herein described shall } be delivered, filed and recorded as providQd herein and in said Loan Agreement and Indenture. r 7. The City has not prepared nor made any�i.ndepen- , dent investigation of the information contained in the Preliminary Official Statement and the City takes no � responsibility for such information. 8. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture. The offer of the Bond Purchaser to purchase the Bonds for $3,840,000 plus accrued interest to the date of delivery at the interest rate or rates specified in the Indenture is hereby accepted. The Mayor and City Clerk are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver the►-n to the Trustee for authentication and delivery to the Bond Purchaser. 9. The Mayor, Manager and City Clerk and other officers of the City are author�zed and directed to prepare and furnish to the Bond Purchaser certified copies of all proceedings and records of the City relating to the bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as othezwise known to t�em; and alI such certified copies, certificates and affidavits, including any here�ofore furnished, shall constitute repxesentations of the City as to the truth of all statements contained therein. 10. The approval 2zereby given to the various __ documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney prior to tize execution of the documents. The execution of any instrument by the appropriate officer or officers of the City herein authorized shaZl be - � - - � 16 E conclusive evidence of the approval of such documents in accordance with the teni►s hereof. in the absence of the Mayor , or Clerk, any of the documents authorized by this resolution to 1 be executed.ma� be executed by the Acting �ayor or the City Clerk, respectively. I Passed: June 7, 1982 � Mayor Attest City Clerk (SEAL) ,-� - �-- . . - �a - � F.OR CfJNCURRENCE 8Y THE CITY COUNCIL - LIt�,SES June 7, 7982 . . �pe of License: ' 6� � Approved By:_ Billiards Lennie's # Two Leonard.H. Schollen 250 Mississippi St. N.E. Fridley, Mn. 55432 t -� .Cigarette Land 0 Lakes Twin City Vending Interstate 694 & Main St. Fridley, Mn. 55432 Northern Lights 6440 University Ave.N._E. Fridley, P1n. 55432 Raffael's Supper Club 8298 University Ave.N.E. Fridley, Mn. 55432 Simer Pump Co. 5960 P1ain St. N.E. Fridley, P�4n. 55432 Target YJarehouse 1080 - 73rd Ave.N.E. Fridley, Mn. 55432 Target Office 7220 University Ave.N.E. 1=ridley, Mn. 55432 Food Vehicle Miernik Vending 7258 Commerce Circle Fridley, P�ln. 55432 Public Drinking Place Ronnies Pub 240 Mississippi St. i3.E. Fridley, Mn. 55432 Vending Machi�e� Nancy Christenson Miernik Vending Miernik Vending Tvrin City Vending Twin City Vending Lea Miernik James D. Hennsey Fridley Convalescent Home Miernik Uending 7590 Lyric Lane Fridley, Mn. 55432 Land 0 l.akes Twin City Vending Interstate 694 & Main St. " Fridley, Mn. 55432 ' James P. Hill -- Public Safety Director James P.Hill Public Safety. Director James P. Hill Public Safety Director James P. Hill Public Safety Di'rector James P. Hill Public Safety Director James P. Hill Public Safety Director James P. Hill Pub]ic Safety Director Steven J. Olson Health Inspector 0 James P. Hill Public Safety Director Steven J. Olson Health Inspector Steven J. 01son Health Inspector 0 , 17 Fee: $60.00 $12.00 $12.00 $24.00 p12.00 $12.00 $12.00 �75.00 $300.00 $50.00 $175.00 . � � � Page 2 17 A � 0 FOR CONCURRENCE BY TNE CITY COUNCIL — �I�",�$E$ June 7. _1982� - --__ Vending Machines Cont. _ Lennie's # Two Leonard H. Schollen Steven J. Olson � . 250 Mississippi St.��.E. Health Inspector Fridley, Mn. 55432 -- . Midwest Printing ARA Food Services Steven J. Olson 5101 In�lustrial Blvd. N.E. - Health Inspector Fridley; Mn. 55432 � Raffael's Supper Club Miernik Vending Steven J. Olson � 8298 University Ave.N.E. Health Inspector Fridley, Mn. 55432 . Simer Pump Co. Miernik Vending Steven J. Olson �5960 Main St.N:E. . Health Inspector Fridley, Mn. 55432 . Target Warehouse Twin City Vending Steven J. Olson 1080 - 73rd Ave.N.E. • Health Inspector� Fridley, Mn. 55432 � Target Office Twin City Vending Steven J. Olson 7220 University Ave.N.E. Health Inspector Fridley, Mn. 55432 License For Softball Field American Family Ins. Allen S. Baumgartner James P. Hill 888 4J. County Rd. D Public Safety Director New Brighton, �4n. 55112 . � $25.00 $150.00 $25.00 $125.00 $175.00 $125.00 Exempt o° � � � FOR CONCURRENCE SY ?HE CITY COUNCIL - LICf1�1SES PERMIT FOR FIRE WORKS DISPLAY ON JULY 4, 1982: 100 Twins Drive In Theatre c/o Mr. Gerry Herringer 4121 Stinson Blvd. Columbia Heights, MN 55421 9 APPROVED BY: Robert D. Aldrich, Chief Fire Department � � �� l F.OR C4NCURRENCE 8Y THE CITY COUNCI� -��sEs Jut� ?, 1962 . � EXCAVATING • _ APPROVED BY Weleski & Son •Route #3 - DARREL CLARK Princeton, MN 55371 By: Leland Weleski � Chief Bldg. Ofc. GAS SERVIC�S � Bob's Circle Plwmbing 52 E Ro ad Circle Pines, MN 55014 Egan & Sons Co�pany 7100 Medicine Lake Fd�ad Minneapolis, MN 55427 By: Robert Schneider By: Roy W. Straiton GENERAL COIJTRACTOR Alvin G. Anderson Construction . 998 Transit Avenue ' Roseville, MN 55113 By: Alvin G. Anderson Covert Construction 1276 W. County Road "B" Roseville, MN 55113 By: Robert T. C�overt Ron Johnson General Contractrar 3724 Chandler Drive N.E. Minneapolis, Na� 55421 By: Ronald C. Johnson Henry Y.. Lindahl & Sons Inc. 4601 Bloomington Avenue South Minneapolis, MN 55407 By: Robert J. Lindahl Preneer Systems Inc. 5851 Duluth Street Minneapolis, MN 55422 Ryan Company 12201 Orchard Avenue Flest Minnetc�nka, MN 55343 Southwestern Construction 5117 West 9£3th Street Bloo�nington, l�t 5543? W. Constivction 6012 Stillwater Blvd. Oakdale, MN 55119 HEATING Egan & Sons Cb. 7100 Medicine Lake Road l�.inneapolis, MN 554�7 , By: Bob Coyle By : Michael Ryan By: Steve Erickson By; Myron Wolter By: William J. Egan WILLIAM SANDIN Plbg.-Htg. Insp. WILLIAM SANDIN Plbg.-Htg. Insp. LIARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. DARREL CLARI: Chief Bldg. Ofc. DARREL CLARI: Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief Bldg. Ofc. DARF2EL CLARK Chief Bldg. Ofc. Y7ILLIAM SANDIN Plbg-Htg. Insp. 17� � p�, 17 D � F.OR CONCURRENCE 8Y THE CITY COUNClI. -��sEs JUI� 7, 1982 Page 2 ' Equipment Supply, Inc. - _ 593 North Fairview Avenue WILLIAM SANDIN .S� Paul, MI3 55104 � By: David Hodgson Plbg.-Htg. Insp. Flare Heating & Air Conditioning, Inc. 1939 - 108th Avenue N.W. WILLIAM SANDIld � Coon Rapids, MN 55433 By: Richard �erre Plbg.-Htg. Insp. Maple Grove He ating & Air Cond.,•Inc. � 11440 Lakeland Drive P7o. Suite 107 WILLIAM SANDIN Maple Grove, Mt1 55369 By: Stephen D. MacDonald Plbg.-Htg. Insp. - Riccar Heating & Air Conditioning 11425 Goldenrod Street N.W. WILLIAt�l SANDIN Coon Rapids, riN 55433 By: Jeff Arent Plbg.-Htg. Insp. OIL HEATING: ' Egan & Sons Co. 7100 Medicine Lake Road , WILLIAM SANDIN Minneapolis, MI3 5542T By: i:oy W. Straiton Plbg.-Iitq. Insp. 0 0 9 : FAR CONCURRENCE BY THE CITY COUNCIL - C�.AI�:S JuNE 7, 1982 CL�.I P; NLP�BEP,S 145533 - 15�Z02 19 FOR CONCURRENCE BY THE CI7Y COUNCIL - EST I �iATES Herrick & Newman, P.A. 6279 University Avenue Fridley, MN 55432 e For legal services rendered as City Attorney cfor the month of May, 1982 $2,760.00 VIRGII C. NERRICK DAVID ►. NEWMAN HERRICK & NEWMAN. P.A. A?TORNEYf AT LAW June 2, 1982 City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 May Retainer: Hours in Excess of 30 at $50.00 per hour: RE: HRA: EXPENSES AAVANCED (HRA}: Process Service re Bergstrom: Publication re Bergstrom: EXPENSES ADVANCED (CITY OF FRIDLEY): Anoka County Union (Publicatioa re Hoyt): 17 xerox copies: BALANCE DUE: 627i UNIVEREITY AVENUE N.E. FRIDLEY. MINNESOTA 55432 a� � -aeso $1650.00 5.00 940.00 44.00 �+6.00 72.90 2.55 $2760.45 19A FRiD Y YOU � H Frid/e , y Fridley �olice Dej>�rt��,lent 61�31 'Jniver�ity �ve. �� .E. yridley.°�;n. >5432 De�r Cfficer : �.5�a�,�g �0 - PORTS ASSOC1AT10 N �i��esof4 John ::. Storley 414 F,ice Creek Terr�:ce Fridley; ;�1i. 55432 Fridley Girls SoftL�ll ThE iriciley Girls Softb�ll xssoci�tio� taoulci li�cE to ��ut on �+ invit�.tion� l tourn�:::�ent on the folloi•�in� d�:te� ; July� 9—�.1;19�2 . I vyould like to reauest the no p�r�:in�; si�.ns �lon�° %t�l street be covered durin� th�t tin;e period. If you ht:ve ��ny c?uestions or need more inforr;�4tion �le�se feel free to cant�.ct r-,e �t the followin� numbers �,Tork 5?1�-1622 or Fiome 571-5�29 �incerely Joh 'i��i. Storley �� ridley Girls Scftb�ll �ssoci2.tion a June 1, 1982 Police Chief James Hill Police Chief Hill: � The Fridley Tiger Hockey Booster Club is having a Men's Slow Pitch Softball Tournament June 18, 19 and 20, 1982. We would be very grateful if the "No Parking" signs along 7th Street in the area of Commons Park could be covered for our tournament. Thank you for your attention on this matter. Tournament Chairman �lia�fr�¢•CL • �t,�a.,�,�bt- Wayne A. Brandt 6231 Sunrise Dr. Fridley, MN 55432 Phone 571-3994 (H) 931-6200 (W) WB/LL 21