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08/13/1990 - 5128� _ _ :� ; , 1�ItIDLEY CITY COONCIL l[EBTING �� �� ATTENDENCE SHEET MONDAY, Augu�� 13, , 1990 `� 7:30 P.M. ° PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER �ai' �1.5 �P�f/I.S O/� L�� � _�n �i !�, a�� • /f��� c� ,�n� �� Oh �A�Q _ � n _ �'� v ��//�il�� /�i rY •/ i� �51�/-�3�� 16/ %�^o . �fio.�i � � � ���z ��� � � c� -, ;— /r // �� � I� �IST �A� N,�_ �3b-�►S+. wav N � �r �� � � lo � b ��� ��Gl�e vc� '� ►� � �P�%.S �e rYv� _� N � �/�� . _ :i�� _ �� , - � ,�, , - �, ;� �- . 1 _ _� � .� .����� � / ��'' l 1� - �" ; �,% � �I / � , � � / • � ' �f 1' � � �� a-aE �,�,, �'o-� J J' {� dyt,� _� \� l� „ „ „ `v� � � ��;� ri Q �� � .� � � � � � � ���„;� L � 7 .� ��:�1�,, �.�. o_f�- r%5�'9 �.�°.�.... d� �c9�.�, �--.�- a � �-��.-�� a. � . �.-� � /� 3 3 r» .�,�a., �S'� � �a-r � �ob�� k Cacts o.�S-va�l�qb�ia 3so�s�o��.ed�fdl� � v�,��, -���cr<so�v �"r� d �� c�. s � .��.�w -3 7S� i 6 �. 7Z� � � �� ��-- � � , So � � �`� - -� , �v s'��-�-- � 5�"�-r�Q.',�,- � . � i 1ti:��,�,,�, Ltz..� 1 `��.�.� �c � � l G�/S-�� .���.�t I�. �. 6 � i5- �' S-t N� ���. � � � ,��� ��'� , �v - � N,� S l7 �'7�X o /� ��2, � . � 1, ,�j !/QS� r��-- �P �6 � �'C�r �i�/y��rfo� � /�Of /�.�tr� �- v�/c .� r r����, � � � 6 a � -�- r' . �97� ��� �G� - - .� , � _ �� ��. G�. ��. � _ - ���� �-�-- . ��� ` �� �-��C � 8od �1 q�}�. f �` ; N �, ��� ������ �� � , \ � s�vS Uc�,.. �;-,;.,� 1 1 / � ;� � �, , �� / i �' ► . � ,; � / � �O �'�'�� �, � , /o �' 1����•�. ec,�' �% l�`lb ` ��o� � • �1. �, . /� � ����� � ��' ' FRIDLEY CITY COIINCIL MEETING, AIIGUBT 13, 1990 Paqe 2 OLD BIISINESB: Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts . . . . . . . . . . . . . . . . . . . . . . . 1 - 1B Resalution to the Rice Creek Watershed District to Improve Locke Lake (Supercedes Resolution No. 45-1990) . . . . . . . . . . . . . . . . . . . . . 2 - 2E Resolution Relating to a Project on Behalf of the Long Term Care Faundation Under the i+iinnesota Municipal Industrial Development Act; Approving a Joint Powers Agreement Relating to the Issuance of Bonds by the City and Authorizing . the Execution of Documents (Tabled from July 23, 1990, City Council Meeting) . . . . . . . . . . . . . . . . . . . . . . . 3 - 3G Approval of Agreement Regarding a Payment by the Long�Term Care Foundation in Lieu of Taxes (Tabled from July 23, 1990, City Council Meeting) . . . . . . . . . . . . . . . . . . . . . . . 4 - 4C FRIDLEY CITY COIINCIL MEBTINa, AIIGIIST 13, 1990 Paqe 3 NEW BIISINE88: Receive the Minutes of the Planning Commission Meeting of July 25, 1990 . . . . . . . . . . 5 - 5II A. Special Use Permit, SP #90-11, by The Gym to Allow Commercial Recreation Uses on Lots 9 and 10, Block 2, Paco Industrial Park, Generally Located at 261 Commerce Circle South N.E. ..... 5- 5D ..... 5H - 5Y B. Special Use Permit, SP #90-12, by The Robert Larsen Partners to Allow Offices Not Associated with a Principal Use on Lot 2, Block 1, Northco Business Park, Generally Located at 7201 University Avenue N.E. ............ 5D - 5G ............ 5Z - 5II Receive Items from the Minutes of the Appeals Commission Meeting of July 24, 1990 . . . . . . . . . . . . . . . . . . . . . 6 - 6W A. Variance, VAR #90-13, by Eileen Branco, to Reduce the Front Yard Setback from 35 Feet to 18 Feet to Allow the Placement of a New Garage in the Front Yard on Lot 3, Block 2, Sexter Addition, the Same Being 5720 Polk Street N.E. ............. 6- 6L FRIDLEY CITY COIINCIL KEETINa� AIIGIIST 13� 1990 NEA HIISINESS (CONTINIIED): Receive Items from the Minutes of the Appeals Commission Meeting of July 24, 1990 (Continued): B. Variance, VAR #90-14, by Robert Carlson, to Reduce the Side Yard Setback on a Side Street from 25 Feet to 15 Feet to Allow the Construction of a Garage on Lot 1, Block 2, Osborne Manor, the Same Being 350 Osborne Road N.E. ................. 6M - 6X C. Variance, VAR #90-15, by Robert Franzen, to Reduce the Front Yard S.etback from 35 Feet to 23 Feet; to Increase the Lot Coverage From 25 Percent to 27 Percent, to Al1ow the Construction of an Addition to the Front of the Existing home and to Acknowledge the Coverage of the Existing Garage on Lots 37 and 38, Block E, Riverview Heights, the Same Being 590 Kimball Street N.E. Extension of Variance, VAR #90-12, by Cortron Corporation, to Increase the Required Maximum Lo� Coverage from 40 Percent to 47 Percent to Al1ow the Construction of Additional Warehouse/Manufacturing and Office Space, the Same Being 7855 Ranchers Road N . E . . . . . . . . . . . . . . ..... 6Y - 6W Paqe � . . . . . . . . 7 - 7A FRIDLEY C*TY COIINCIL ME$TZNQ, AIIGIIST 13, 1990 Paqe 5 FRIDLEY CITY CODNCIL MEETIN6, AIIGIIST 13, 1990 Paqe 6 NEW BIIBINE88 (CONTINIIED): Receive Bids and Award Contract for Three Redwood Playstructures . . . . . . . . . . . . . 12 - 12C Request for a License for a Trailer at the RMS Company, 980 Osborne Road N.E. . . . . . . . . . . . . . . . . . . . . . . 13 - 13D Resolution Designating Polling Places and Appointing Election Judges for the September li, 1990, Statewide Primary Election . . . . . . . . . . . . . . . . . . . 14 - 14D Resolution Requesting the State of Minnesota Require U.S. West Direct Telecommunications Company to Collect Used Telephone Books Distributed in the State of Minnesota for Deliver/Sale to Markets for Recycling . . . . . . . . . . . . . . . 15 - 15B FRIDLEY CITY COIINCIL ME$TING, AIIGIIST 13, 1990 Paqe 7 NEW BDSINE88 (CONTINIIED): Resolution Directing Preparation of Assessment Roll for Street Improvement Project No. STREET 1989 - 1& 2& (Addendum No . 1) . . . . . . . . . . . . . . . . . . . 16 - 16A Resolution Directing Publication of Hearing on Proposed Assessment Roll for the Street Improvement Project No. STREET 1989 - 1& 2&(Addendum No. 1) . . . . . . . . . . . . . . . . . . . . . . . . 17 Notice of Hearing on Assessment for Street Improvement Project No. STREET 1989 - 1 & 2 & (Addendum No. 1) . . . . . . . . 18 - 18A Resolution Directing Preparation of the Assessment Roll for Treatment and Removal of Trees 1989 . . . . . . . . . . . . . . . 19 - 19A FRIDLEY CITY COIINCIL MEETINQ, AIIGIIST 13, 1990 Paqe 8 NEW BIISINESS (CONTINIIED)s Resolution Directing Publication of Hearing on the Proposed Assessment Roll for the Treatment and Removal of Trees 1989 . . . . . . . . . . . . . . . . . . . . . 20 Notice of Hearing on Assessment for Treatment and Removal of Trees 1989 . . . . . . . . . . 21 - 21A Claims . . . . . . . . . . . . . . . . . . . . . . . . 22 Licenses . . . . . . . . . . . . . . . . . . . . . . . 23 - 23R Estimates . . . . . . . . . . . . . . . . . . . . . . . 24 - 24M ADJOIIRN: T8E MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COIINCIL OF JULY 23, 1990 The Regular Meeting of the Fridley City Council was called to order at 7:40 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None PROCLAMATION• FOURMIES-FRIDLEY FRIENDSHIP DAY - JULY 30 1990: Mayor Nee issued a proclamation proclaiming July 30, 1990 as Fourmies-Fridley Friendship Day in the City. He stated this summer there are many activities between Fridley and its Sister City, Fourmies, France. He stated the greatest activity was the participation of a soccer team from Fourmies in the USA CUP Soccer matches that were held in Blaine. Mayor Nee stated a group of citizens, including the Mayor of Fourmies and his wife, will also be visiting the United States, and the City is looking forward to welcoming them to Fridley. APPROVAL OF MINUTES: COUNCIL MEETING. JULY 9, 1990: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to amend the agenda to place Item 11A, Special Use Permit, SP #90-10, as the first item of New Business. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COIINCIL MEETIN(i OF JIILY 23, 1990 PAGE 2 OPEN FORUM. VISITORS: �ANTASY HOUSE - MOORE LAKE COMMONS SHOPPING CENTER: Ms. Darlene Rusch, 561 - 63rd Avenue, stated that she was here this evening because she cares about this community, and the Fantasy House located in Moore Lake Commons is a disgrace and blight on this City and its families. She stated that free enterprise should not allow the exploitation of women or men, and it would seem those that receive the benefits of tax increment financing should provide that base. Ms. Rusch stated that the business of selling smut in Fridley will not be allowed. She stated that a group will be established called the Concerned Citizens of Fridley, and they will attend Council meetings to get this business out of the City. Mr. Martin Gavic, 142 Hartman Circle, stated that he was also concerned about Fantasy House. He stated that he talked today with the City Manager and went over to the Fantasy House and was appalled by the materials in this store. He stated that he believed it would take someone with a sick mind to purchase these materials and if such people come to purchase from this store, there will be sick crimes in Fridley. He stated that he would like the Council to take affirmative action to alleviate this problem. He stated that he believed this would fall under the Minnesota obscenity law. Mr. Peter Pierce, 572 Rice Creek Terrace, stated that he understands, under the first amendment rights, it would be up to the citizens to financially remove this business and put pressure on the landowner to eliminate it. He stated that the other tenants did not know what type of business was opening, and there is concern that no other business will locate next to this one, except for a similar operation. Mr. Pierce stated that he talked to the owner, and the owner was aware of Fantasy House�s type of business. The owner stated if this business was not permitted to locate there, we would not have to deal with first amendment rights. Ms. Carole Miller, owner of the Eye Care Place in Moore Lake Commons, stated that she has heard talk about a boycott af every business in the center. She stated that she is disappointed with the Fantasy House as a tenant, but has invested everything she owns in her business and, if she is boycotted, she could not remain in business. She stated that several other tenants are also very worried. She stated that just because they are located in the center does not mean they approve of Fantasy House. Ms. Linda Huber, 6676 Channel Road, stated that Fantasy House ran an ad in the Twin Cities Reader on where to find them in Fridley. She stated that she no longer wants her children down at the shopping center. She stated that Fantasy House is a menace to the community, and it has to be removed. FRIDLEY CITY COIINCIL MEETING OF JIILY 23, 1990 PAGE 3 Mr. Tom Moessner, representinq Woodcrest Baptist Church, stated that their pastor was unable to attend this evening and asked him to speak for the church. He stated that they would like to see the Fantasy House out of Fridley as it is a very immoral place and is not good for the moral welfare of the community. Mr. George Applebaum, Managing General Partner of Moore Lake Commons, stated that he signed the lease for Fantasy House. He stated that he has talked to several residents over the last few days, and Fantasy House has been asked to either remove the merchandise or display it in a more tasteful manner. He stated that, unfortunately, there are no ordinances in the City prohibiting the sale of those materials. He stated that Fantasy House was to be something like Spencer's, a little off-color. He stated that he visited some of their other stores and discussed the business. Mr. Applebaum stated that, in his heart, he believed it would be more of a novelty type store. He stated that, legally, he did not know what could be done, but possibly argue that some of their items are not novelty items. He stated that he can try and work with them. He stated that what happened should not have occurred, and he had no intentions of permitting a sex shop. Ms. Rusch asked the length of the lease. Mr. Applebawn stated that it was for three years. Mr. Applebaum stated that the owner of Fantasy House was sent a letter asking him to consider either removing some of the items or building a "backroom". Councilwoman Jorgenson stated that she believed the residents have the misconception that the City allowed this type of use. Mr. Applebaum stated that the only people who make the choice for the tenants of the center are the owners. Councilwoman Jorgenson stated that she was not aware that Fantasy House would be locating in Moore Lake Commons and was quite shocked to find this business in the City. Councilman Schneider stated that he understands there was some discussion with the Planning Department that the business was to be like Victoria's Secret, a fancy lingerie shop. Mr. Applebaum stated that the impression was for a business to permit the sale of cards, lingerie, gifts, and novelty items. A lady in the audience asked Mr. Applebaum if he realized this shop would not admit anyone under the age of 18. Mr. Applebaum answered in the affirmative. The person in the audience felt that should have given Mr. Applebaum an indication on what would be sold. Mr. Applebaum stated that he believed it was going to be an off-color Spencer's. � I FRIDLEY CITY COIINCIL MEETING OF JIILY 23. 1990 PAGE 4 Another lady in the audience stated that she has six children ranging from 1-1/2 to 13 years and her kids have morals. She stated that Fantasy House does not have morals. Ms. Rusch asked Mr. Applebaum to explain the tax increment financing that he received. Mr. Applebaum stated that he received $40,000 in tax increment financing to assist with the reconstruction of the parking lot due to realignment of the road. Ms. Rusch stated that the point is the taxpayers are helping Mr. Applebaum in financing that shop. Mayor Nee stated that no one here this evening is happy about what has happened and all of the Council has been very upset about it. He stated that the City made an investment in that district to upgrade it, and this is certainly a disappointment as it does not meet the criteria for upgrading the shopping center. He stated that the Council has requested staff to find out what can be done. Mr. Herrick, City Attorney, stated that it is apparent everyone in attendance does not want this business at that location, but it is not really a question of whether or not they like it. He stated that the City operates under the authority given by the Legislature and certain constitutional requirements. He stated that whether this store is obscene, based on the State statutes, is a question that will have to be researched. Mr. Herrick stated that the City of Minneapolis attempted to close these stores without success. He stated that the City of St. Louis Park has attempted to deal with a similar store for the last several years. He stated that the matter will be researched in an attempt to determine whether the City can remove it. A lady in the audience stated that the Supreme Court has ruled that the people have the right to set moral standards, and the community can enforce those standards. Mr. Herrick said that was a very broad statement and a community cannot simply say they do not like it. There has to be some evidence that it is harmful. He stated that the City of Minneapolis spent much time and money to move these shops into adult zones, and the court found that statute unconstitutional. He stated that this issue has been tackled by many communities ir� the state. He stated that his office would research what communities have been successfu2 in removing this type of business. Councilwoman Schneider asked if the point regarding tax increment financing enters into the legal leverage in any way. FRIDLEY CITY COIINCIL MEETING OF JIILY 23. 1990 PAGE 5 Mr. Herrick stated that it probably would not, but he would want to research that area to see if there are any additional controls the City has because of the tax increment financing. Councilwoman Jorgenson stated that a number of citizens have stated the Number 1 Health Club was removed under the nuisance ordinance and asked if this would apply. Mr. Herrick stated that was a different situation because of the prostitution arrests. Councilwoman Jorgenson stated that a number of residents suggested sending minors into the store to purchase items. She asked if the items were sold to the minors, could the salesclerk be arrested or would that be entrapment. Mr. Herrick stated that it may be entrapment, but there are provisions in the statutes that deal with obscenity sales to minors, and whether this would fall within that intent would have to be determined. Ae stated that if it is known there are sales to minors, they could be prosecuted. Councilwoman Jorgenson stated that if there were prosecutions of that nature, would the business fall under the nuisance ordinance. Mr. Herrick stated that there is the possibility that it may come under the nuisance ordinance. Councilman Billings stated that when he received his first phone call from Peter Pierce, he was as shocked and dismayed as everyone else in this room that such a business would locate in Fridley. He stated that he would be interested to hear from the owner on why he decided to locate in Fridley and what type of market research he had done to determine this would be a good location. Councilman Billings stated that possibly there are residents in the area buying these materials through mail orders and the owner felt there was a market in Fridley. He stated that he hoped the presence of the residents this evening indicates this is not the case. Councilman Fitzpatrick stated that the City Attorney will pursue this issue to determine what can or cannot be done. Mr. Herrick stated that, hopefully, a report will be given to the Council for the next Council meeting. Councilman Schneider stated that after receiving several phone calls, he visited the store and talked with the customers. Both were from Fridley, and both were very positive that the items were of the gag gift nature. He stated that he did not feel it was his job to make moral decisions about this store, but was concerned about the type of element this store might attract and the type of person it may bring into Fridley. He stated that the strongest FRIDLEY CITY COIINCIL MEETINQ OF JIILY 23. 1990 PAGE 6 voice is the dollar, and while he is not advocating putting shops out of business, if Fantasy House does not succeed financially, they may decide Fridley is not the place to do business. Councilwoman Jorgenson stated that her family moved from St. Paul to the suburbs because these shops were locating in her neighborhood, and she never thought she would see this in Fridley. She asked that the citizens work with Mr. Applebaum to see if they cannot come to a reasonable solution to change that lease. Mayor Nee stated he shares Councilwoman Jorgenson's feelings. He stated that the City has made a considerable investment in that district and this shop does not enhance it, but begins a cancer and decay. He felt Mr. Applebaum made a bad mistake, and Fantasy House should be removed. He felt that if this is not done, other such shops will also locate in this area. A gentleman in the audience felt that the Council should start looking at ways to eliminate this type of business from Fridley, not only for this business, but to stop future ones from locating in the City. Mayor Nee stated that the City's powers are limited to a certain extent and felt if it is not economical for such a business to operate, it will not happen. Mr. Pierce stated that what these businesses look for is a freeway access as people will be coming from other areas. He stated that most people would not want to visit such a store in their own area, but would come to an area where they are not known to make such purchases. Ms. Rose Totino, 6172 Heather Circle, stated that with the risk of being seen going into the Fantasy House, she and several friends went in there because when she came to the meeting she wanted to know what she was talking about. She stated that what she saw in the store was certainly obscene. She felt anyone going into the store would be turned on by the items for sale resulting in crimes. Ms. Totino stated that she is proud to live in Fridley, but Fantasy House is within a stone's throw of her home. She stated that she was appalled that such a business could come into the City unbeknown to the Council. She stated that the Council is going to have to do something about it because this is only the beginning. Ms. Wanda Hart stated that she was under the impression the owner of Fantasy House is also a partner in Moore Lake Commons. She asked Mr. Applebaum if this was true, and he stated it was not. Councilman Billings asked if the owner of Fantasy House, Mr. Robert Bertino, or his representative were present this evening and there was no response. FRIDLEY CITY COIINCIL MEETINd OF JIILY 23 1990 PAGE 7 PUBLIC HEARINGS• 1. �UBLIC HEARING ON ISSUANCE OF REVENUE BONDS UNDER �HE MINNESOTA MUNICIPAL INDUSTRIAL DEVEIAPMENT ACT FOR THE LONG TERM CARE FOUNDATION: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing opened at 8:28 p.m. Mr. Pribyl, Finance Director, stated that this public hearing regards the issuance of $1,150,000 in industrial revenue bonds for the acquisition of the Lynwood Health Care Center in Fridley by the Long Term Care Foundation. He stated that the City would enter into a joint powers agreement with eighteen other municipalities to issue these bonds. He stated that one of the key issues is because this is a tax exempt foundation, they would be exempt from payment of taxes. Mr. Pakonen stated that they are requesting that the City, through the City of Minneapolis, issue industrial revenue bonds in the amount of $1,150,000 for the purpose of acquiring the Lynwood Health Care Center and making improvements to the facility. He stated that the Long Term Care Foundation (LTCF) is a non-profit organization formed at the direction of the Voluntary Hospitals of America (VHA) to extend care from acute care hospitals to long term facilities. He explained that the members of the Board of Directors of the LTCF are employees of the VHA or people who have been actively involved in the health care industry. Mr. Pakonen stated that the question is what public purpose is served by the City issuing these revenue bonds. He stated that with the acquisition of this nursing home, and the others not located in Fridley, it would reduce the amount of inedicaid reimbursement and will save the State approximately $2,000,000 a year. He stated that several of the licenses of these nursing homes are under investigation and if the licenses are revoked, the nursing facility in Fridley could be closed. He stated that it is further hoped, if this facility is acquired, to improve the occupancy rate to where it was several years ago or about 90 percent and this would result in the hiring of about 10 additional persons. Mr. Pakonen stated that these bonds would be sold to institutional investors, and by the City giving permission for the issuance of the bonds, the City would not obligate itself to make any payment on the debt service. Councilman Fitzpatrick asked Mr. Pakonen to explain the details of money in lieu of taxes. FRIDLEY CITY COIINCIL KEETING OF JIILY 23, 1990 pAGE 8 Mr. Pakonen stated that the joint powers agreement provides LTCF will make payments in lieu of taxes equal to the City's share if, in fact, it was owned by a for-profit corporation. He stated that the City agrees to work to develop the payment in lieu of taxes so that the medicaid reimbursements can be received, but it will not be at any expense to the City. Councilman Schneider asked if LTCF will also be making payments in lieu of taxes to the School District and County. Mr. Pakonen stated that they would pay only the City's share of taxes. He stated that the City of Minneapolis has researched how this would affect the school district, and it virtually would not change because what the school district would lose in property taxes is made up from the equalized aid from the State. Mayor Nee stated that what Mr. Pakonen is talking about is what enraged the Legislature last year, and the City was the recipient of that rage resulting in reduced aid. He asked if there were any indications that other jurisdictions agree with this proposal. Mr. Pribyl stated that the issue may have been addressed in the public hearings held by the municipalities. Mayor Nee felt that unless he receives information from the School District and County that they are in favor of the proposal, he did not wish to proceed. Mr. Pakonen stated that Rule 50 is well-defined where they can make payments in lieu of taxes such as services for police, fire, streets, and assessments. He stated that if they have to make a payment that includes the School District, it would not be feasible. He stated the way it is structured now, the City, the School District, and County should receive full property taxes this year and next year and it would not be until 2992 that the payment in lieu of taxes would become official. Councilman Schneider asked what would happen with the Lynwood Hea.Zth Care Center if the City did not issue the revenue bonds. Mr. Pakonen stated that he was not sure what would happen. He stated in another case where the City did not approve the issuance of the bonds, they were able to obtain taxable financing. He stated that if they cannot obtain taxable financing for Lynwood, the question would have to be addressed if this facility would be eliminated from the acquisition package. Mr. Pakonen stated that the Departments of Health and Human Services have been very cooperative in their efforts to acquire these nursing homes, and he would be very surprised if there were any implications from the State. FRIDLEY CITY COIINCIL MEETING OF JIILY 23. 1990 PAGE 9 Councilman Billings asked if a letter could be obtained from these departments indicating their support. Mr. Pakonen stated that these departments have been quoted in a number of newspapers, basically, being in favor of their proposal. Mayor Nee stated that a letter should be received from the State Department of Finance indicating if they are in favor. Iie stated that he wants the nursing homes to prosper, but not at the expense of the School District and County. Councilwoman Jorgenson stated that she believed the State subsidy from the Department of Health given to the nursing home facility on a per patient basis does take into consideration taxes that would be paid to the School District and County. She stated that if the Health Department is aware they are not paying to the School District and County, they would drop their subsidy. She felt this question needed to be answered. Mr. Joe Rusch, 561 - 63rd Avenue, stated that he believes Fridley is changing, is an older community, and would rather funds for nursing home facilities come from the State than the property tax. He stated that if the State Revenue Department states they will reimburse the County and School District for their portion of taxes, he would have no objection to the issuance of these bonds. Councilwoman Billings stated that if Councilwoman Jorgenson's perception is correct, the State will either pay a certain amount of money in rental subsidy for the people living in the nursing home or, through a different department, they will pay State aid to the school district. He stated that the same amount of funds, therefore, is being spent and is not sure the State will have a problem with it. He stated that he would, however, like something from the State indicating how the change of the funds would take place and have it reviewed by School District No. 14 and Anoka County. Councilman Billings stated that it is entirely possible that Commissioners in Anoka County, who have a very strong concern for human rights issues, might feel that the money that will be lost is a small price to pay to insure that this facility stays in the County, and they may be supportive. Mr. Pakonen stated that he believed that they could contact the State, School District, and County, however, his concern is the joint powers agreement as there is a very established routine in terms of proceeding to the final resolution. He stated that there is a resolution for the Council's consideration on this agenda and wondered if it might be approved subject to obtaining approvals from these other agencies. FRIDLBY CITY COIINCIL MEBTING OF JIILY 23. 1990 PAGE 10 No other persons in the audience spoke regarding the issuance of these revenue bonds. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:02 p.m. 2. PUBLIC HEARING ESTABLISHING A NEW TAX INCREMENT FINANCING DISTRICT NO. 11 FOR THE REDEVELOPMENT OF THE NORTHEAST 4UADRANT OF UNIVERSITY AVENUE AND MISSISSIPPI STREET: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:02 p.m. Mr. Robertson, Community Development Di�ector, stated that this hearing is for the purpose of establishing a new tax increment financing district No. ll for redevelopment at Mississippi Street and University Avenue. He stated that the tax benefits to this proposed development will accrue to both the City Center District (which includes the 10,000 Auto Parts parcel plus four adjacent lots to the north on 66th Avenue) and to the proposed Renewal and Renovation TIF district for the two adjacent single family parcels to the east. He stated that the area now yields about $17,500 a year in property taxes and with the redevelopment and a new market value of about $2,500,000, the annual tax yield would be a minimum of $80,000. Mr. Robertson stated that the Planning Commission adopted a resolution recommending creating this district, and the Housing and Redevelopment Authority adopted a similar resolution, with amendments. He stated that the concept approach is this district would receive a grant to help write down the cost of the land. He stated that, after the sixth year, this district could be decertified as the City will recapture in taxes what has been given in the grant. Mr. Joe Rusch, 561 - 63rd Avenue, stated that the City now receives about $17,500 in property taxes for these parcels and asked how much the School District and County receive. Mr. Robertson stated that about 20 percent is received by the City, with the County receiving about 30 percent, and the balance or about 50 percent is received by the School District. Mr. Rusch asked if this becomes a tax increment district if the additional value of the property cannot be taxed. FRIDLEY CITY COIINCIL MEETIN6 OF JIILY 23. 1990 PAGE 11 Mr. Robertson stated that the additional taxes (the tax increment) would be used only temporarily. In this case, it is planned to be six years. He stated that the justification, under the law, that if this assistance is not provided, development would not occur to increase the tax base. Councilwoman Jorgenson asked if the school districts were to pass a referendum and increase the tax levy, if the City would be in a position to return the increased referendum funds to the districts. Mr. Pribyl, Finance Director, stated that the action the State legislature took last year is that the City will have to return the referendum monies. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vate, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at�9:13 p.m. MOTION by Councilman Fitzpatrick to suspend the rules and proceed to Item ilA on the agenda. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11A. SPECIAL USE PERMIT. SP #90-10, BY RICHARD MOCHINSKI, TO ALLOW A LODGE FACILITY ON LOTS 17 AND 18, BLOCK 2, SPRING VALLEY. GENERALLY LOCATED AT RICE CREEK ROAD AND CENTRAL AVENUE: Mr. Robertson, Community Development Director, stated that this property is located at the intersection of Rice Creek Road and Old Central Avenue and is zoned C-1, Local Business. He stated that the petitioner has, in the past, requested a rezoning of this parcel to R-3 for a townhouse development which was denied by the Council in 1986. He stated that the special use permit is now for the construction of a Moose Lodge, and a site plan and proposed landscaping plan have been submitted. Mr. Robertson stated that the Moose Lodge would contain a dining area, dance floor, bar, kitchen facilities, and several offices. He stated that the Lodge's activities include membership meetings and dances on Friday and Saturday evenings with 80 to 120 people in attendance. Iie stated that the Moose Lodge is a closed lodge and is not open to the general public. Mr. Robertson stated that the site plan meets the required parking setbacks and requires 70 parking spaces. He stated that there is space to provide an additional 38 to 40 spaces in the rear of the property. He stated that there is a drainage easement between this proposed use and the residential area to the east. He stated that the easement is currently 15 feet, however, the Public Works Department has recommended this be increased to 30 feet. He stated that the purpose of requesting 15 additional feet is if, in the FRIDLEY CITY COIINCIL MEETING OF JULY 23, 1990 PAGE t2 future, a street access has to be provided from Rice Creek Road into the interior parcels of land. Mr. Robertson stated that the Planning Commission reviewed this request and recommended approval with certain stipulations. He stated that the Commission received comments from neighborhood residents pertaining to the hours of operation, noise, parking problems, and potential for disruptive behavior associated with alcohol consumption. � Mr. Robertson stated that the Planning Commission directed City staff to seek an opinion from the City Attorney regarding limiting the hours of operation on the liquor license. He stated that the City Attorney recommended that as a condition of the special use permit, the hours could be restricted. Mr. Herrick, City Attorney, stated that the question was raised what licenses the Moose Lodge could obtain. He stated that they would be eligible for a club permit which is issued by the State, with the City's approval, and would allow for the consumption of alcoholic beverages, but not for the sale of alcoholic beverages. He stated that this is typically known as a"bottle club" where you bring your own bottle and setups are provided for members and guests of the club. He stated that the Moose Lodge could also apply for a 3.2 beer license, and a public hearing would be held for the issuance of this license. He stated that the Moose Lodge could not obtain an on-sale liquor license. Councilwoman Jorgenson asked if there is anything in the City's Charter that limits the nwaber of liquor licenses that can be issued in the City. Mr. Herrick stated that there is nothing in the Charter, however, there are some limitations by the State as it applies to on-sale liquor licenses. He stated that he did-not believe there is any limit on how many club permits can be issued. Councilwoman Jorgenson stated that there seems to be a growing concern as to the number of liquor licenses in the City. She stated that she would like information if other communities have limitations in regard to the number of licenses that are issued. Councilman Schneider asked Mr. Cason, representing Moose Lodge #38, if he understood that the Lodge would not be permitted to sell liquor. Mr. Cason stated that he was advised of this today by Mr. Robertson. Mr. Robertson stated that staff is recommending approval of this special use permit with certain stipulations which he outlined and �RIDLEY CITY COIINCIL MEETING OF JIILY 23. 1990 PAGE 13 with some amendments to stipulations, as provided in the handout to the Council. The Council discussed the noise level decibels covered in one of the stipulations. Mr. Herrick stated that he had a problem with imposing a different standard on this property than what is imposed under the ordinance. He stated that if that level of noise is causing a problem, the ordinance should probably be amended. Councilwoman Jorgenson asked how rentals are handled for the Moose Lodge. Mr. Cason stated that anyone wishing to rent the hall fills out an application, and the information on the application states that anyone renting the hall is a member. Councilwoman Jorgenson asked if they require someone for security purposes. Mr. Cason stated that they have had security on occasion when some groups use their facility. Councilman Schneider asked if you were not a member of the Moose Lodge, but had a friend who was a member and wanted to use their facilities, would this be allowed. Mr. Cason stated that he would probably suggest that the non-member join the Moose Lodge as they want the membership. Councilwoman Jorgenson asked Mr. Cason their current membership and he stated 854. He stated that about 30 percent of the members are from the local area, Columbia Heights, Fridley, Blaine, and Spring Lake Park. Mr. Cason stated that the Moose Lodge has been in northeast Minneapolis_over eighteen years, they have never had any problems controlling their members, and they were located only one foot from a home. Councilwoman Jorgenson asked if there are any rules for membership in the Moose Lodge. Mr. Cason stated that if a member would invite a person into their own home, he would be qualified for membership in the Lodge. He stated you do not have to be a veteran, but convicted felons are not eligible. Mr. Joe Nelson, 1357 - 64th Avenue, stated that he attended the Planning Commission meeting to voice his concerns regarding the Moose Lodge facility. He stated that in spite of his and his neighbors' efforts, it fell on deaf ears, and the Planning Commission recommended approval of this special use pernait. FRIDLEY CITY COIINCIL MEETING OF JIILY 23, 1990 PAGE 14 Mr. Nelson stated that he felt the Planning Commission acted for approval because of the zoning of the property and that it could be allowed with a special use permit without taking into consideration the concerns and property values of the neighborhood. Mr. Nelson stated that the residents of the neighborhood held a meeting, and he submitted a petition in opposition to the construction of a Moose Lodge on this property because of the increased noise, late hours of operation, contingent liquor license, and the volumes of traffic it would produce. Mr. Nelson stated that traffic has increased in their area since the opening of the Moore Lake Commons development, and noise poses a problem to their neighborhood. He stated that he is also concerned with the establishment of a business such as the Fantasy House in Fridley and with the growing number of liquor licenses in the City. MOTION by Councilman Schneider to receive Petition No. 13-1990 in opposition to the construction of a Moose Lodge on this property. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Mark Schwartz, 1372 - 64th Avenue, stated that if this special use permit is granted he would like to make the suggestion that in stipulation No. 7 that the special use permit should be exclusively for Moose Lodge #38. He stated that should the property be conveyed to a new owner, he must receive a special permit prior to occupancy. He stated that he would also suggest a screening fence should be constructed along all the residential property, eight feet in height to reduce noise and obscure the parking lot. Mr. Schwartz stated that a security guard should be required for all gatherings exceeding 100 people, with occupancy limits not to exceed 299, and no future expansion allowed. He stated that he felt the building should be moved to the south and be no closer than 50 feet to the adjacent residential district. Mr. Schwartz felt a second driveway access should be provided to Central Avenue, and the hours of operation restricted from 8 a.m. to 9 p.m., Monday through Friday and 10 a.m. to 9 p.m. on Sundays. He stated that this would allow the facility to be in compliance with the noise ordinance and follow more closely the uses in a commercial zone. He stated that the Moose Lodge should be restricted to members only since it is a private club. He felt that the Moose Lodge should agree in writing to all stipulations. Mr. Schwartz stated that the Moose Lodge would be a significant change from the commercial uses in the area. He stated that there are no other liquor licenses in a C-1 zone and wondered if the special use permit is granted if it would set a precedent. FRIDLEY CZTY COIINCIL MEETING OF JIILY 23 1990 PAGE 15 Councilwoman Jorgenson stated that there was a proposal for cottages or senior retirement townhomes for this property and asked Mr. Schwartz if he had been in favor of this proposal. Mr. Schwartz stated that he was definitely opposed because of the high density. He stated that there would have been 30 residences which is too high for this size parcel. Councilwoman Jorgenson asked Mr. Schwartz what he would accept for development of this parcel. Mr. Schwartz felt that a typical C-1 use is acceptable or possibly some R-2 or R-1 uses. Councilman Schneider asked Mr. Schwartz if the issue of liquor was not involved if he would be in favor of this proposal. Mr. Schwartz stated that he would not have any objection if a liquor license was not involved. He stated that the liquor is a big issue. Ms. Barb Edwards, 1403 - 64th Avenue, stated that if a member rents the hall, there would be many in attendance who were not members. She stated that she lived near a fraternal operation before she moved to Fridley over a year ago. She stated that they were bothered with noise, parking problems, litter, and domestic disturbances. She stated that these people were guests of the members. Councilmart Schneider asked if this organization was the Moose Lodge, and Ms. Edwards stated it was not. Ms. Jean Schwartz, 1372 - 64th Avenue, pointed out that the patio was not taken into consideration in figuring the occupancy limitations. Mr. Robertson stated that it was not taken into consideration because it would depend on how the patio can be vacated, either through the building or from the outside. He stated that he would state that the facility could have an occupancy of 299 which would include the patio. Ms. Schwartz felt the 400 square foot patio should be included when occupancy limits are determined. She felt, therefore, this would mean eliminating 400 square feet from the building. Ms. Schwartz asked how many guests a member was allowed. Mr. Cason stated each member could bring a guest. Councilman Schneider felt that during normal operation of the Moose Lodge, a member can bring one guest. He stated that if the hall FRIDLSY CITY COIINCIL MEETING OF JIILY 23. 1990 PAGE 16 is being used for a special event by a member, then the rule no longer applies. Mr. Cason stated that membership is a privilege and ask that the members take care of their guests. He stated that he is not saying they would have 150 non-members present. He stated that if you are not a member, for insurance purposes, you have to sign a card. Mr. Herrick stated that the State statute on these clubs states it should be limited to members and bona fide quests or personal acquaintances of the members. Ms. Schwartz stated that one of her biggest concerns is the parking lot, and when you have a group of people leaving at 1:00 in the morning, it would have a noise impact on the neighborhood. She stated that her property directly abuts this parcel and if she had known that a liquor license would be allowed in a C-1 zone, she would not have bought her home. She stated that a principal C-1 use would be more appropriate or R-2 would be fine and R-1 would be ideal. Mr. Richard Patterson, 6328 Dellwood Drive, was concerned about the number of establishments selling liquor in such a small area of the City. He stated that there is Sandee's, the Shorewood Inn, Joe DiMaggio's, Maple Lanes, and the City's liquor store. Mr. Jack Krichen, 1450 - 66th Avenue, stated that he was concerned with the traffic and with those persons leaving the Moose Lodge who may be intoxicated. He stated that he is not against the Moose Lodge locating in Fridley, but did not feel this is the appropriate location, as it is in a residential area. Ms. Sue Rau, 1341 - 64th Avenue, stated at the Planning Commission meeting, it was stated if the Moose Lodge could not have a full Ziquor license, they could not make it financially. Mr. Cason stated that he was advised this afternoon that they could not have a full liquor license, and it will have to be discussed further. Mr. Herb Lennox, 1461 Rice Creek Road, stated that his concern is the youth and does not understand how the City can have any more liquor establishments and put the responsibility back to the school to teach them this is wrong. Ms. Sharon Ramsey, 1340 - 64th Avenue, stated that she is concerned about the noise and the parking. She stated that there is not sufficient parking for 299 persons, and they would park on the residential streets. She stated that she also has a concern about the water level and removing the green area which may create flooding. She felt that in order to be financially feasible, it would be necessary to rent the facility. FRIDLEY CITY COIINCIL MEETING OF JIILY 23. 1990 PAGE 17 Ms. Mary Kotchen, 6381 Arthur Street, stated that she is concerned about the traffic on their residential streets. She also stated that no more liquor establishments are needed in Fridley, the City has enough. Ms. Schwartz asked how many nights a week the Moose Lodge would be used. Mr. Cason stated possibly three nights a week. Ms. LaVonne Kowski, 6391 Central Avenue, stated that she lives in a C-1 zone and asked if she could apply for a liquor license. Councilman Schneider asked if a restaurant was located on this parcel and they wished to serve 3.2 beer, would it be allowed accordinq to the code. Mr. Herrick stated that the only restaurant allowed in a C-1 zone is one that does not serve alcohol. Councilman Schneider felt the residents' point was very valid, that this is really a C-2 use, and an attempt to place it in a C-1 zone. He felt this would be a valid use without the liquor, but with the liquor, it may not be a valid proposal. Mr. Herrick stated he felt it was clear from the ordinance that C-1 was intended to be a less intensive use than C-2. MOTION by Councilman Schneider to direct staff and the City Attorney to prepare findings for denial of special use permit, SP #90-10, based primarily on the liquor use in a C-1 zone and the apparent incompatibility of this use with adjacent uses, particularly in regard to the noise of the parking lot, traffic in the neighborhood, and drainage. Further, to submit these findings to the Council at the meeting of August 27, 1990. Seconded by Councilwoman Jorgenson. . Mr. Cason stated that he understands everyone's concerns, but thought they were in friendly territory. He stated that they looked at other sites, but felt this was the most attractive. Councilwoman Jorgenson stated that there is also the question if the Moose Lodge wishes to proceed since Mr. Cason has been notified that they could not have a liquor license. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to work with Mr. Cason to try and identify other potential locations in the City that would support the establishment of the Moose Lodge. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF JIILY 23, 1990 PAGE 18 MOTION by Councilman Schneider to instruct staff to try and develop a concept plan looking at C-1, R-2, and/or R-1 uses for Mr. Mochinski's property. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to suggest that staff review the City's liquor ordinance. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS• Mayor Nee called a recess at 11:20 p.m. �2ECONVENED • Mayor Nee reconvened the meeting at 11:30 p.m. All Councilmembers were present. OLD BUSINESS• 3. ORDINANCE NO 951 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205 ENTITLED "ZONING" BY AMENDING SECTIONS 205.17.03 AND �205.18.03• MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 951 on second reading, as amended from the first reading, and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. ORDINANCE NO 952 R�CODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING" BY AMENDING SECTIONS 205.03.55, 205.09 05 205.17.05 205 18.05 AND 205.22.06: MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 952 on second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. There was some discussion on the striping of ten foot stalls and if they should be single or double striped. The staff is to submit a proposal. 5. ORDINANCE NO. 953 RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 108, ENTITLED "FIRE PREVENTION" BY REPEALING TIiE EXISTING CHAPTER 108 IN ITS ENTIRETY AND ADDING A_NEW_ CHAPTER 108 . AND FURTHER AMENDING CHAPTER 11. ENTITLED "FEES": MOTION by Councilman Fitzpatrick to waive the reading and adopt Ordinance No. 953 on the second reading and order publication. FRIDLEY CITY COIINCIL MEETINa OF JIILY 23. 1990 PAGE 19 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. SPECIAL USE PERMIT, SP �90-09 BY LEFFEL INCORPORATED FOR MAACO AUTO PAINTING AND BODYWORKS TO ALLOW EXTERIOR STORAGE OF MATERIAIS AND EOUIPMENT ON LOT 2 BLOCK 4 COMMERCE PARK AND THAT PART OF LOT 2 LYING IN SECTION 10-30-24 SUBJECT TO �JTILITY AND GAS EASEMENTS AS SHOWN ON PLAT AND SUBJECT TO ANY OTHER EASEMENTS OF RECORD GENERALLY LOCATED AT 100 OSBORNE ROAD N.E. (TABLED JULY 9, 1990)• Mr. Robertson, Community Development Director, stated that a question was raised at the last meeting pertaining to a referral fee. He stated that Shorty's Towing has indicated they do not receive any referral fee nor do they intend to in the future. Mr. Robertson stated that the other concern about the storage of the tires and an illegal sign has been investigated and the tenant contacted. MOTION by Councilman Billings to grant special use permit, SP #90- 09, with the following stipulations: (1) vinyl slats shall be installed for screening purposes; (2) the fence shall be no higher than eight feet tall as outlined by the Zoning Code; (3) the sod shall be removed and replaced with class 5 gravel with some type of liner or barrier between the gravel and the ground to protect the ground from leakage; and (4) this special use permit applies solely to Maaco Auto Painting and Bodyworks. This special use permit cannot be transferred to a future tenant without the approval of the Planning Commission and City Council. Seconded by Councilman Fitzpatrick. MOTION by Councilman Billings to amend stipulation No. 3 as follows: (3) the area shall be blacktopped or the sod shall be removed and replaced with class 5 gravel with some type of liner or barrier between the qravel and the ground to protect the ground from leakage. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 7. CONTINUATION OF DISCUSSION ON ISSUING AN ON-SALE BEER LICENSE TO NIKKI'S TAP LOCATED AT 5895 UNIVERSITY AVENUE N E (TABLED JULY 9. 1990): MOTION by Councilman Billings to approve the on-sale beer license for Nikki's Tap at 5895 University Avenue. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL 1�EETING OF JIILY 23, 1990 PAGE 20 NEW BUSINESS: 8. RESOLUTION NO. 49-1990 GIVING PRELIMINARY APPROVAL TO A PROJECT ON BEHALF OF THE LONG TERM CARE FOUNDATION AND ITS FINANCING UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT: REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR APPROVAL: AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS: MOTION by Councilman Fitzpatrick to adopt Resolution No. 49-1990. Seconded by Councilwoman Jorgenson. Mr. Pribyl, Finance Director, stated that the Council should probably attach any stipulations they may wish to add. Mr. Pakonen, Health Dimension, Inc., stated that he has a concern about the timing of obtaining approvals from the School District, the County, and the State. He stated that while the school will have less in property taxes, they will receive more from the State. He stated that the reduction in taxes that would result due to the sale of the Lynwood Health Care Facility would mean lower costs for the residents of this nursing home. Mr. Pakonen stated that it may be possible to obtain a statement from the State that a reduction in taxes will result in lower rates for residents of the health care facility or a statement that the sale of the facility will result in an overall cost reduction to the State of Minnesota. Mr. Burns, City Manager, asked about the next step, if this resolution is adopted. He asked if there are other documents or legislation approving the terms of the bond issue, after the bound counsel has reviewed it. Mr. Pakonen stated that the issue before the Council is to give the City of Minneapolis the right to issue the bonds for the Lynwood Health Care Facility and it was generally conceived they would not come back to the City. He stated that any City can place provisions on the resolution and, basically, the bond counsel reviews them and if they are not met, this could not proceed. Councilman Billings stated that he wanted to make sure that this Council is not taking action on something the other agencies do not agree with. UPON A VOICE VOTE TAi�N ON THE ABOVE MOTION, Councilman Fitzpatrick, Councilwoman Jorgenson, Councilman Billings and Mayor Nee voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. FRIDLEY CITY COIINCIL MEETING OF JIILY 23. 1990 PAGE 21 9. �2ESOLUTION RELATING TO A PROJECT ON BEHALF OF THE LONG TERM CARE FOUNDATION UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT: APPROVING A JOINT POWERS AGREEMENT RELATING TO THE ISSUANCE OF BONDS BY THE CITY AND AUTHORIZING THE �XECUTION OF DOCUMENTS• MOTION by Councilman Fitzpatrick to adopt this resolution contingent on the information request of Mr. Pakonen from the School District, the County, and the State. Seconded by Councilwoman Jorgenson. Mr. Herrick, City Attorney, stated that copies of the minutes of this meeting should be sent to the bond counsel so he is aware of the conditions attached and so the bonds are not issued until t�ese conditions are satisfied. Mr. Burns, City Manager, felt that with the adoption of this resolution, the City gives final authority to approve the bond issue to the City of Minneapolis. • MOTION by Councilman Schneider to table this resolution. Seconded by Councilman Billings. Upon a voice vote, Councilman Schneider, Councilman Billings, Councilman Fitzpatrick, and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 10. APPROVAL OF AGREEMENT REGARDING A PAYMENT BY THE LONG TERM CARE FOUNDATION IN LIEU OF TAXES• MOTION by Councilman Schneider to table this item. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 11, 1990: A. SPECIAL USE PERMIT, SP #90-10 BY RICHARD MOCHINSKI TO ALLOW A LODGE FACILITY ON LOTS 17 AND 18 BLOCK 2 SPRING VALLEY GENERALLY LOCATED AT RICE CREEK ROAD AND CENTRAL AVENUE• This item was considered earlier in the meeting. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of July il, 1990. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF JIILY 23, 1990 PAGE 22 12. �.2ECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF JULY 10. ,�.9 9 0 : A. VARIANCE VAR #90-11 BY WALTER RASMUSSEN. TO REDUCE THE SETBACK FROM THE BLUFFLINE OVERLOOKING THE MISSISSIPPI RIVER FROM 40 FEET TO 5 FEET; TO REDUCE THE SETBACK FROM THE NORMAL �iIGH WATER LINE OF THE MISSISSIPPI RIVER FROM 100 FEET TO 40 �'EET; TO INCREASE THE MAXIMUM ALLOWABLE TOTAL FLOOR AREA OF sALL ACCESSORY BUILDINGS FROM 1. 400 SQUARE FEET TO 1, 890 SOUARE FEET ON LOTS 11 AND 12 BLOCK 5, PEARSON'S CRAIGWAY ESTATES �ND ADDITION THE SAME BEING 7806 ALDEN WAY N.E.: MOTION by Councilman Fitzpatrick to grant this variance, VAR #90-i1 for property at 7806 Alden Way N.E. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE VAR #90-12 BY JAMES NICKIAW FOR THE SHOREWOOD INN RESTAURANT TO INCREASE THE MAXIMUM'ALIAWABLE S4UARE FOOTAGE OF A SIGN FROM 80 S4UARE FEET TO 112 SQUARE FEET, ON PART OF LOT 16 AUDITOR'S SUBDIVISION NO 88 THE SAME BEING 6161 HIGHWAY 65 N.E.: MOTION by Councilman Schneider to concur with the of the Appeals Commission and grant this variance, increase the maximum allowable square footage of a, 112 square feet for a period of three years, with 1 that the variance terminates with the current property. Seconded by Councilman Billings. recommendation VAR #90-12 to �ign from 80 to he stipulation owner of the Councilman Schneider stated that the conditions around the Shorewood Inn are due to the road construction and they have a prob2em with access. Councilwoman Jorgenson questioned the difference between this request and Cheryl Stinski's request. She stated that she wanted to be careful not to set a precedent. Councilman Schneider stated that there was not a problem created with the Stinski property and no hardship was imposed due to road construction. He stated that the construction has caused several problems for this business and did not feel it was unreasonable to try it for three years. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilman Billings, Councilman Fitzpatrick and Mayor Nee voted in iavor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. FRIDL$Y CITY COIINCIL MEETING OF JIILY 23. 1990 pAGE 23 13. APPROVAL OF ANIMAL CONTROL CONTRACT WITH SKYLINE VETERINARY �IOSPITAL: Mr. Hill, Public Safety Director, stated that the Greater Anoka County Humane Society has served notice that they intend to terminate the existing contract on Auqust 1 and propose a new contract which would be more costly. He stated that he understands some of the cities have to sign the new contract for purposes of continuity. Mr. Hill stated that alternative sources have been identified, and it is recommended the City enter into a contract with Skyline Veterinary Hospital for animal control services. He stated that Skyline is being recommended due to their fixed cost. He stated that the Brighton Veterinary Hospital operates on a per animal cost. MOTION by Councilman Billings to approve the contract for animal control services with the Skyline Veterinary Hospital and authorize the appropriate City officials to enter into this contract. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RECEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 1990 - 3: MOTION by Councilman Billings to receive the following bids for Street Improvement Project No. ST. 1990 - 3: Bituminous Cons. & Cont. 2456 Main Street Minneapolis, MN 55434 William Miller 16765 Nutria Street N.W. Ramsey, MN 55303 Northwest Asphalt 1451 County Road 89 Shakopee, MN 55379 Alber Construction P.O. Box 365 Osseo, IrIl3 55369 Midwest Asphalt Corp. P.O. Box 5477 Hopkins, 1�II1 55343 Driveway Design 4810 W. Medicine Lk. Dr. Plymouth, l�T 55442 $ 89,607.60 $ 94,805.00 $ 99,407.50 $109,305.65 $110,838.85 $115,575.50 FRIDLEY CITY COIINCIL MEETIN(� OF JIILY 23, 1990 __ PAGE__24 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract for Street Improvement Project St. No. 1990 - 3 to the low bidder, Bituminous Construction and Contracting in the amount of $89,607.60. Seconded by Councilwoman Jorgenson. Councilman Billings questioned if the contractor paid prevailing wages and staff will check. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 15. RECEIVE BIDS AND AWARD CONTRACT FOR WATER, SANITARY SEWER. AND STORM SEWER PROJECT NO. 210: MOTION by Councilman Billings to receive the following bids for Water, Sanitary Sewer, and Storm Sewer Project No. 210: Volk Sewer & Water 8909 Bass Creek Ct. Brooklyn Park, IrIN 55428 CCS Contracting 1399 - lOth Street N.W. New Brighton, l�i 55112 Hydrocon, Inc. P. O. Box 129 North Branch, 1�I 55056 Ro-So Contracting 7137 - 20th Avenue North Centerville, IrII1 55038 Dave Perkins Contracting 15775 Juniper Ridge Dr. Anoka, l�i 55303 William Miller 16765 Nutria Street N.W. Ramsey, MN 55303 Penn Contracting, Inc. 1697 Peltier Lake Dr. Centerville, P�i 55038 $31,787.00 $35,083.25 $35,924.00 $38,617.50 $39,469.00 $42,630.00 $44,205.00 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRTDLEY CITY COIINCIL MEETING OF JIILY 23. 1990 PAGE 25 MOTION by Councilman Billings to award the contract for Water, Sanitary Sewer, and Storm Sewer Project No. 210 to the low bidder, Volk Sewer and Water in the amount of $31,787.00. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RECEIVE OUOTES AND AWARD CONTRACT FOR MONITORING WELLS AT COMMONS PARK PROJECT NO. 208: MOTION by Councilman Schneider ta receive the following quotes for monitoring wells at Commons Park, Project No. 208: Keys Well Drilling Company E. H. Renner & Sons, Inc. North Shore Drilling, Inc. $ 9,910.00 $ 9,931.00 $10,210.00 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract for monitoring wells at Commons Park, Project No. 208 to the low bidder, Keys Well Drilling Company in the amount of $9,910.00. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO 50-1990 AUTHORIZING CHANGES IN APPROPRIATIONS FOR TiiE CAPITAL IMPROVEMENT FUND: MOTION by Councilman Billings to adopt Resolution No. 50-1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO. 51-1990 TO ADVERTISE FOR BIDS FOR THREE REDWOOD PLAY STRUCTURES• MOTION by Councilman Billings to adopt Resolution No. 51-1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. APPOINTMENT: CITY EMPLOYEE: MOTION by Councilman Fitzpatrick to concur with the following appointment by the City Manager: Starting Starting Name Position Salarv ate Renlaces David Asst. $3,452.24 July 24, Julie DuBord Finance per month 1990 Burt Director $41,426.88 Exempt per year FRIDLEY CITY COIINCIL MEETING OF JQLY 23. 1990 PAGE 26 Seconded by Councilwoman Jorgenson. Mr. Pribyl, Finance Director, stated David DuBord has an accounting degree and is a CPA. Mr. Pribyl stated that Mr. DuBord previously was employed as Finance Director with the League of Minnesota Cities and the City of Cottage Grove. He stated that Mr. DuBord has also been self-employed in the accounting and taxation fields. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. 20. CLAIMS: MOTION by Councilman Fitzpatrick to authorize payment of Claims No. 32921 through 33175. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. LICENSES• MoTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilmar► Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. ESTIMATES: MOTION by Councilman Schneider to approve the estimates as submitted: Newquist & Ekstrum, Chartered 30Z Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of May, 1990. ....$ 9,423.00 Bruce A. Liesch Associates, Inc. 13400 - 15th Avenue North Minneapolis, I�T 55441 1. Monitoring Wells at Commons Project No. 208 Partial Estimate. . . . . . . . . . . . $ 2,376.30 2. Monitoring Wells at Commons Project No. 208 Partial Estimate. . . . . . . . . . . . $ 178.00 � •- FRIDLEY CITY CODNCIL MEETING OF JIILY 23, 1990 PAGE 27 Gammon Bros., Inc. 13845 Northdale Boulevard Rogers, MN 55374 Street Improvement Project No. ST. 1989 - 1& 2 Estimate No. 17 . . . . . . . . . . . . . . . $11,809.25 HNTB 6700 France Avenue South Suite 260 Minneapolis, irIId 55435 1. Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate. . . . . . . . , . . . $ 5,886.58 2. Design and Improvements to Well No. 12 and 63rd Avenue Booster Station Project No. 204 Partial Estimate. . . . . . . . . . . . $ 3,525.00 Karlen Construction 901 - 125th Avenue N.E. Blaine, MN 55434 Flanery Park Shelter Project No. 206 EstiIDate No. 2 . . . . . . . . . . . . . . . $33,949.20 Walbon Lawn Maintenance 3225 Skycroft Drive St. Anthony, MN 55418 Corridor Maintenance Project No. 199 Estimate No. 4 . . . . . . . . . . . . . . . $ 4, 342 . 86 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CZTY COIINCIL MEETING OF JIILY 23, 1990 PAGE 28 ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried Meeting of the Fridley City Council of 12:35 a.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: unanimously and the Regular July 23, 1990 adjourned at William J. Nee Mayor � � cinroF fRIDLEY COA/W�UNITY DEVELOPMENT DEPARTMENT M EMO RAN D UM DATE: August 9, 1990 TO: William Burns, City Manager d ; �,,�� - FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Second Reading of an Ordinance Authorizing a Rezoning, ZOA #90-03, Bob's Amoco Attached is the above-referenced ordinance. The City Council approved the first reading of the ordinance at their June 4, 1990 meeting. Second and final reading was delayed until Bob Ring became the fee owner of the property. He is now the fee owner and submitted a copy of the deed from Amoco Oil last week. 5taff recommends that the City Council approve the second reading of the ordinance authorizing a rezoning from M-1, Light Industrial to C- 2, General Business. MM/dn M-90-540 1 � ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to stipulations adopted at the City Council meeting of , 1990. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 1, Block 1, Lampert's Addition from M-1, Light Industrial, to C-2, General Business, generally located at 7680 Highway 65 N.E. Is hereby designated to be in the Zoned District C- 2 (General Business). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District M-1 (Light Industrial) to C-2 (General Business). PAS5ED.AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: June 4, 1990 June 4, 1990 1A � � << ZOA 4�90-03 Bob's Amoco � � N //2 � � � 23 SEC. /� cirr oF � 2 � �� � V, � '. W2 , 4 . e � � C .� � .� �� i �I S � �w• �.� �'""' 13 LQCATIVN MAr E�igineenng Sewer Water Parks Streets Mainlenance MEMORANDUM TO: William W. Burns, City Manager,��tr' PW90-297 FROM: John G. Flora � Public Works Director • DATE: July 31, 1990 SIIBJECT: Locke Lake Petition The Rice Creek Watershed District (RCWD) requires a resolution authorizing the filing of a petition with the RCWD for the Locke Lake improvement, and also specifically designating the Mayor to sign a petition for that improvement. Attached is a resolution which suspends Resolution No. 45-1990 passed by the City Council on July 9, 1990, and replaces it with a new resolution with the specific requirements dictated by the RCWD Board. I have also included a new copy of the Locke Lake Petition as an Exhibit to that resolution so that both items would be tied together. If approved, the resolution and petition will be hand-carried to the RCWD as an item for their August 22, 1990, meeting. Recommend the City Council approve the attached resolution authorizing the Mayor to execute a petition for a preliminary study for the improvement of Locke Lake. JGF/ts Attachments 2 / � FW� RESOLDTION NO. - 1990 REBOLIITION TO THE RICE CREER WATERSHED DISTRICT TO IMPROVE LOCRE LARE (SUPERCEDES RESOLIITION NO. 45- 1990) WSEREAB, the Rice Creek Watershed District (RCWD) 509 Plan calls for the sedimentation removal of Locke Lake. This would also incorporate the construction of a sedimentation removal basin, and WSEREAS, the 509 Locke Lake Capital Improvement project can use either Chapter 112 or 473 funding. The City supports this District-wide funding process, and WHEREAB, the 509 Plan is approved by the Board of Water & Soil Resources allowing implementation of the 509 process, and WSEREAS, the City is ready to implement the RCWD Plan, and WHEREAS, the City of Fridley's dam at Ldcke Lake is failing and has received a resident petition (No. 12-1990) for its replacement, and WHEREAB, it is considered most economical to combine the dam, sedimentation removal and pond construction into one (1) design and contract, and WHEREAS, a preliminary report is necessary to define the scope and costs associated with these improvements, and WHEREAS, a number of governmental agencies are involved in the funding, permitting and review of this work, and WHEREAS, the Rice Creek Watershed District is the best agency to coordinate and complete this design and construction work, and WHEREAB, the City has approved a project petition for the above project, a copy of which is attached as "Exhibit A". NOW, THEREFORE, BE IT RESOLDED by the City Council of the City of Fridley that the Rice Creek Watershed District be the operating agency for the project including the dam replacement, sedimentation removal and sedimentation pond construction, and BE iT FIIRTHER RESOLVED that the City Council authorizes the filing of the petition to the Rice Creek Watershed District for the improvement of Locke Lake and dam construction coordination, and BE ZT FIIRTHER RESOLVED that the Mayor of the City of Fridley is authorized to sign the petition on behalf of the City, and 2A RESOLIITION NO. - 1990 PAGE TWO BE IT FURTHER RESOLVED that the City submit $20,000.00 to the Rice Creek Watershed District for the preliminary report for this project for which a special accounting fund will be established and this amount will aot be exceeded without the City�s approval. It is understood that this amount will be reimbursed if the project proceeds to completion. • PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIB 13TH DAY OF AIIGIIST, 1990. WILLIAM J. NEE, MAYOR ATTEST: SHIRLEY A. HAAPALA, CITY CLERK r� -; "EXHIBIT A" TO: RICE CREEK WATERSHED DISTRICT 2C PROJECT PETITION 1. The City of Fridley, a Municipal Corporation, located in Anoka County, Minnesota hereby petitions the Rice Creek Watershed District asking the Watershed District to implement a Project to improve Locke Lake, which Lake is located within the Rice Creek Watershed District and within the City of Fridley, Minnesota. 2. The Project is described as follows: Part one shall consist of the removal of the existing dam on Rice Creek near its intersection with East River Road and the construction of a new dam at this location. Part two of the Project shall consist of the removal of sediment from Locke Lake to a minimum level of six feet. Part three shall consist of the construction of a sediment retaining basin upstream from Locke Lake. 3. The location of the proposed Project is shown on the attached map, which is marked as Exhibit A and made a part of this Petition. 4. The petitioner believes that the entire Watershed District will be affected by the Project but that certain areas of the Watershed District will be affected in varying degrees. All of the Watershed District drains through Rice Creek, which is the drainage outlet for the entire Watershed District, and into Locke Lake. That portion of the Watershed District lying downstream from Long Lake in New Brighton, Minnesota likely contributes more sediment to the Lake than does the upper portion of the Watershed District. Those properties directly adjacent to the Lake will benefit more because of the affect on their property values. -2- 5. The Project is needed for the following reasons: (a) The dam was not adequately constructed and is in a state of disrepair. It is in danger of failing and needs to be replaced. (b) Locke Lake has served as a sediment basin for the Watershed District for many years. Over that period of time the Lake has gradually filled to the point where it can no longer serve as a sediment basin and remain as a lake. This has caused an economic hardship on the properties adjacent to the Lake because of a decrease in their property values. (c) It will replace a defective dam with a properly designed and constructed new dam which will improve the recreational and fish life benefits of the Lake. (d) It will preserve and enhance the property values of properties adjacent to Locke Lake. (e) It is conducive to public health, convenience and welfare. 6. The petitioner will pay all costs and expenses that may be incurred in case the proceedings are dismissed or for any reason no construction contract is let for the Project. The petitioner may dismiss the Petition upon payment of costs and expenses. The petitioner is attaching a check in the amount of Za $20,000.00 payable to the Rice Creek Watershed District. This money is for the preliminary engineering report to determine the Project's feasibility and to obtain an estimate of the cost of the Project. TYie petitioner has been advised by the Engineers of the Watershed District that this sum is sufficient for that purpose. The petitioner also understands that the Watershed District will not expend funds in excess of this sum without the prior agreement of the petitioner. 7. 'Ifie petitioner requests that the cost of the above Project be financed as follows: (a) The cost associated with the dam will be paid by the petitioner. The petitioner will seek -3- 2E contributions for this sum from Anoka County and the State of Minnesota. The petitioner also intends to assess the adjacent property owners for a portion of this cost. (b) The cost of the sediment removal from the Lake shall be paid as proposed in the Watershed District's 509 Plan. This Plan provides that the District will finance the major portion of the cost through District-wide tax levy. The petitioner requests that this levy be made by the Watershed District under its authority under Minnesota Statutes, Chapter 112 or Chapter 473, whichever is most easily implemented. The petitioner also requests that the Watershed District not implement any special assessments for this portion of the Project. (c) The cost of the sediment retention basin shall be paid by a District-wide tax levy. This Petition is respectfully submitted for your consideration. Dated this 13th day of August, 1990. CITY OF FRIDLEY BY: William J. Nee, Mayor 3 TO: CITY OF FRIDLEY M E M O R A N D II M WILLIAM BIIRNB, CITY 1rIANAGER � � � FROM: RICBARD D. PRIBYL� FINANCE DIRECTOR SIIBJECT: DATE: RESOLIITION APPROVING A JOINT POWERS AGREEMENT AIIGIIST 3, 1990 Attached is a Resolution which would approve a Joint Powers Agreement in conjunction with the issuance of Nursing Home Facilities Revenue Bonds. These same bonds will acquire the Lynwood Health Care Center by the Long Term Care Foundation. This agreement would allow the City to participate with 14 other cities to issue bonds through the City of Minneapolis and consolidate bond issuance �osts through one issue. The City of Fridley's portion of the bond will be $1,150,000. We are requesting the bonds to be issued during 1990 so the City's 1991 bonding cap, as a small issuer, is not impacted for next year. The approval of the Joint Powers Agreement should be conditioned with the inclusion of a Indemnification Clause or Hold Harmless Clause in conjunction with the participation of the agreement. The agreement has been provided to both James P. O'Meara and Virgil Herrick for their review and comment. With the two conditions, stated above, the Staff would recommend the approval of the agreement. Rod Pakonen has been working hard trying to acquire the information to satisfy the Council's request regarding approvals from the other key governmental jurisdictions. Rod will be present on the evening of August 13, 1990, to review with Council the status of the necessary approvals. RDP/me Attachments 3A RESOLUTION NO. RESOLUTION RELATING TO A PROJECT ON BEHALF OF THE LONG TERM CARE FOUNDATION UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; APPROVING A JOINT POWERS AGREEMENT RELATING TO THE ISSUANCE OF BONDS BY THE CITY AND AUTHORIZING THE FXFCUTION OF DOCUMENTS BE IT RESOLVED by the City Council of the City of Fridley, Minnesota (the "City"), as followss 1.01. Authority and Avvrovals. This Council, acting pursuant to Minnesota Statutes, Sections 469.152 through 469.165 (the "Act"), has held a public hearinq on, and qiven preliminary approval to, the issuance of its revenue bonds in a principal amount up to $1,150,000 and the loan of the proceeds thereof to The Lonq Term Care Foundation, a Tennessee nonprofit corporation (the •Borrower"), for the purpose of financinq the acquisition o£ an ezisting nursing home facility commonly known as Lynwood Healthcare Center and certain improvements thereto (the Project) located at 5700 East River Road in the City. 1.02. p�pAC°3-Joint Powers Action. The Borrower has informed this Council that the Borrower is requesting the cities of Anoka, Bloominqton, Delano, Ezcelsior, Hopkins, Lonq Lake, Minneapolis, New Brighton, Osseo, Roseville, St. Louis Park, St. Paul and Stillwater (collectively, the "Other Cities" and, with the City, the "Participants") to issue similar bonds in order to finance similar projects on behalf of the Borrower located in each of the Other Cities. The Borrower has proposed that the City and each of the Other Cities enter into a joint powers aqreement pursuant to the Act authorizing one of the Participants to issue revenue bonds under the Act to finance each of such projects, including the Project. In particular, the Borrower has proposed that the joint powers agreement provide that the City of Minneapolis issue the bonds authorized by each of the Participants in order to finance each of said projects. 1.03. .Tnint p�wers Authoritv. The City is authorized, pursuant to Section 471.59 and the Act, to enter into and perform such contracts and agreements with other municipalities as this Council may deem proper and feasible for or concerninq the planning, purchase, acquisition and financing of a project whereby one city issues its revenue bonds on behalf of one or more other cities. The City is authorized by said Section to enter into the joint powers agreement proposed by the Borrower as described in Section 1.02 hereof. 4255F 1.04. n��»mentation. A form of Joint Powers Aqreement has been prepared and submitted to this Council and is hereby directed to be filed with the City • Section 2. Att�horization and AF�rov�l of the Jo�nt Powers Agreement. The issuance of bonds by the City of Minneapolis on behalf of the City and each of the Other Cities for the purpose of financing the Project and the other projects described above, pursuant to the Act and the Joint Powers Aqreement, is hereby approved. The form of the Joint Powers Agreement referred to in Section 1.04 is approved subject to such modifications as are deemed appropriate and approved by the City Attorney and the Mayor, which approval shall be conclusively evidenced by the eaecution of the Joint Powers Agreement by the Mayor and the City . The Mayor and the City are hereby authorized and directed to eaecute the Joint Powers Agreement. The Mayor and the City are also authorized and directed to eaecute such other instruments as may be required to qive effect to the transaction herein �ontemplated. ' Section 3. �,uthentication of Proceedinas. The Mayor and City and other officers of the City are authorized and directed to furnish to the Borrower and the attorneys renderinq an opinion on the issuan�e of the bonds, 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 and marketability of the bonds as such facts appear from the books and records in the officer's custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. Adopted this day of , 1990. Attest: City -2- Mayor � 3C JOINT POWERS AGREEMENT PROVIDING FOR THE ISSUANCE OF NURSING HOME REVENUE BONDS UNDER MINNESOTA STATUTES, SECTIONS 469.152 THROUGH 469.165 TO FINANCE PROJECTS ON HEHALF OF THE LONG TERM CARE FOUNDATION This AGREEMENT is entered into as of the day of , 1990 between the City of Minneapolis, Minnesota, ("Minneapolis") and the cities listed in Schedule I attached hereto (the "Cities"). -i -� . .. - • �. - . .- - -• l.l. Under Minnesota Statutes, Section 469.152 through 469.165, cited as the "Municipal Industrial Development Act" (the "Act"), Minneapolis and each of the Cities is authorized to (i) issue its revenue bonds to finance properties, real or personal, whether or not now in ezistence, used or useful in connection with a revenue producing enterprise, including revenue producinq enterprises whether or not operated for profit, engaged in providing health care services, including nursing homes, and (ii) enter into and perform contracts and agreements with other cities concerning planning, purchase, acquisition and financing of a project and whereby one city issues its revenue bonds in behalf of one or more other cities. 1.2. The Act recites that the welfare of the State requires the active promotion, attraction, encouragement and development of economically sound industry and commerce to prevent, as far as possible, the emergence of bliqht and areas of chronic unemployment and to prevent economic deterioration and that the welfare of the State requires adequate health care facilities so that adequate health care services are available to residents of the atate at reasonable cost. 1.3. The Long Term Care Foundation, a Tennessee nonprofit corporation (the "Borrower"), has proposed that Minneapolis and the Cities enter into a joint powers agreement under Minnesota Statutes, Section 471.59 and the Act, pursuant to which Minneapolis, acting for and on behalf of itself and the Cities will issue a series of revenue bonds in an amount not in eacess of 5�93,000,000 (the "Revenue Bonds") and loan the proceeds thereof to the Horrower to finance the costs of the Projects shown on Schedule II attached hereto. 3D 1.4. The undertaking of the proposed Projects and the issuance of the Revenue Bonds to finance the cost thereof will promote the public purposes and legislative objectives of the Act by providing substantial inducement for the Borrower to acquire and construct the Projects, and each of the Projects constitute a"project" within the meaning of the Act. 2. Manner of Ezercising Power. Minneapolis 8nd each of the Cities has adopted or will adopt a resolution authorizinq the joint issuance of the Revenue Bonds in an agqregate principal amount not in eacess of $43,000,000, of which amount the maaimum principal amount to be issued with respect to Minneapolis and each City and each Project shall be as shown in Schedule II. Minneapolis shall eaercise the powers of the Act on behalf of itself and the Cities by adopting, approving and executing such resolutions, documents, and agreements as shall be necessary or convenient to authorize, issue and sell the Revenue Bonds and such other resolutions, documents and agreements as shall be necessary or required in connection with the issuance of the Revenue Bonds and giving effect to or carrying out the provisions of this Agreement and documents under which the Revenue Bonds are issued and/or secured. 3. SoLrce and Contrih„t;�n nf Fi�nAc� n�location Q€ Funds. The source of funds for the Projects shall be the proceeds of the Revenue 8onds and, if necessary, a eontribution to be made by the Borrower. The funds shall be deposited and applied as provided in an indenture of Trust (the "Indenture") between Minneapolis and a bank as trustee. The Indenture shall provide for separate accounts in which the proceeds of the Bonds to be used to finance each of the Projects shall be deposited. The proceeds of the Revenue Bonds deposited in such accounts may be used only for the specified Project and may not be used or applied by the Trustee or the Borrower for any other Project. 4. Nature of Revenue Bonds. The Revenue Bonds shall be special, limited obligations of Minneapolis, payable so2ely from proceeds, revenues and other amounts pledged thereto and more fully described in the Indenture. The Revenue Bonds and the interest thereon shall neither constitute nor give rise to a pecuniary liability, general or moral obliqation or a pledge of the full faith or loan of credit of Minneapolis or any of the Cities, within the meaning of any charter, Constitutional or statutory provisions. 5. �erm of Aoreement• Terminat?on. Unless otherwise provided by concurrent action of Minneapolis and the Cities, this Aqreement shall terminate upon the retirement or defeasance of the last outstanding Revenue Bond, and this Agreement may not be terminated in advance of such retirement or defeasance. -2- 6. Amendments. This Agreement may be amended by Minneapolis and the Cities at any time by a writing signed by each. No amendment may impair the rights of the holders of the Revenue Bonds, unless they have consented o such amendment in the manner provided for an amendment of the Indenture. IN WITNESS WHEREOF, Minneapolis and each of the Cities has caused this Agreement to be eaecuted on its behalf by its Mayor and attested by its City clerk, all as of the day and year first above written. � ATTEST: Its City Clerk ATTEST: Its City Clerk CITY OF MINNEAPOLIS, MINNESOTA By Its Mayor CITY OF , MINNESOTA -3- By Its Mayor 3E 3F SCHEDULE I LIST OF CITIES Anoka Bloomington Delano Eacelsior Fridley Hopkins Long Lake New Brighton Osseo Roseville St. Louis Park St. Paul Stillwater �� Citv Anoka Bloomington Delano Ezcelsior Fridley Hopkins Lonq Lake Minneapolis New Brighton Osseo Roseville St. Louis Park St. Paul Stillwater SCHEDULE II LIST OF PROJECTS AND BOND AMOUNTS Project Description for all Cities Acquire an eaistinq nursing home facility and make certain improvements thereto. -5- Principal Amount of Bonds � 800,000 1,500,000 1,300,000 1,200,000 1,150,000 2,500,000 975,040 10,450,000 2,325,000 2,000,000 8,125,000 6,400,000 1,000,000 3,900,000 3G 4 TO: CITY OF FRIDLEY M E M O R A N D II M WILLIAM SIIRNB, CITY 1dANAGER � l�� . FROM: RICHARD D. PRIBYL, FINANCB DIRECTOR BIIBJECT: DATE: l�PPROVAL OF THE 1►GREEMENT REGARDING A PAYMENT IN LIEO OF TA8E8 AUGIIBT 3, 1990 Due to the tax exempt nature of the Long Term Care Foundation it is possible they would be exempt from real estate taxes. An agreement was drafted that would commit the Long Term Care Foundation to a payment in lieu of taxes for as long as the facility is exempt from taxes. The attached agreement would require the City to bill the Foundation once a year and require the Foundation to pay an amount equal to the taxes payable on May 31 and October 31. The Foundation would also have to reimburse the City for any administrative costs associated with the billing. RDP/me Attachment . . AGRFEMENT Thi� AgrKa�rnt U e�tsred int� tiw _ day af --1990 by and belw�► the Long Tsr�n Gre Foundatior ttl�t "Poundatian") and d+� City of ttb� 'City"). , tht �ity has a�r�td b partidpaa in the is�uarce of bonds fo� tlu benefic oi the Foustdatiot� to fuur►oe thr aaquisidon of aad c�t� oow rslated eo th� renovatiac► of a aur�ing home i� tbe City (ih� "F�+dlity"): , the Fout►datian a� a purrlY P�ubUc charit�► � exempt froat r�al prop�rrty taxes untdn the Minnesota Cotudtution and 5e�doa� 27202 of ti+e Minresota Statuta; a:►d WH,ElRFAS, the Fouiutado�, in taco�nitlon of t�+e City': pa�tidpabor in the bo�nd i�sw, agre�a to auk�t astain payatiene� ir li�u of t�ura f4 th� City; NOiN, THERfiFORE, in oontidetador � th� anutual oovenane contain�d h�sdn, t�s partia ag:w a� follaw:: 1. PAY�S II�1 LIE'LT OF 2A?4� 'I�+t Fou:►datiaa� agt�a that tt �hall psy b� tlx Clty anr�ual paya+ent� in li�u of taxes 3t� an aalount aot io exoeed the aa�ount ol r+�al property taxa which the Clty would have as�esaed ag�intt tiu Facility had it re�nai�d u:+�d�r the ow�rship of a aon- sxsalpt otaanization. 2 �cr�nirQp The City will cau�e the Fadlity � be valued periociically on ths saau bnd� and in th� samt nnanr►at as taxablt proparty ia �t C1ty L �pptaiss�d for tu putpo�, utd shall provid� t�e To�ur+ditioat wtit�ten notia� of the valw �o dete�mined. Tbe Citp �hall aar+uiliy akulste tht aa�otiu►t whith wovld be p�yabk to du Citp �u property taxa wi� r�spes! �o tht Fadlity at►d shall, aa� or btfon Match 31 in ach year. ooctnt�ndr� wrlth !� ��, via� t�� Fo�d,sKo�t rvrlttes� t�otlae oi the aalount io a�ictilat�d. Tht +tgrea t� pa� 10 t�wr City ach yesr, aoa+atier�dng with the year �,_.., tbt a�outtt �o caleulatsd. as a pay�atient in Utu of ta�oe� ("PrLOT?. ?he PIt.O? sl�all bt du� and paj►abl� an tht faat� dates ist ach ytar �u real esate axa arf dus aad payable urda Lwh oE �u 5cate af Ml�ne�oa but ahall b� pai�d by th� Pourdatior dir+�cdy to th� dtp. Ary poeda► of tt� PILOR' aot paid whest due shall bear inoerat at t?it saay ntie, alc'�ilated �t+ the �+t ananner, as ddiac�t pro�p�sty ax�u � la�rs of th Sna of Mir�oca. . ��,��1' �a 1/� \� I � 1"h� City ada+owledge� ttut the Fasadatioz+ auy wek reimbnrk+a►ent ftoa� f�ral aad/ar :aa �gender ior part or a11 oE th� P�.rOZ'. 'The t�ty ag:es i� 000�perit� iuuy , with tM Fo�datton, wltf�o�ut expetw b� the City, it� tht eiforts oE tt�e Foundation �o applr ior and coU�et such reiatbur�rnt � SE$,M 'this A�e�ratent thall oonttnue ir tifsct for as br�g u ehe Fadlity i� ez�pt iroai P�Y�t of property taws under applicYbl� laws aE th� State of Minnefvta. s. � c Lww T'h� A,gr�aa►�nc shall b� ao�►erned and coeutru�d in aeoocdirc�t with t2u lt� oE the State of Minr►esota. . ���,�� Au ROt10l8. �'+l�Olb Oi Ot�tlt CData'tY�C�dORi l�t� ��i A�1"!t!!1Yl1t �'►:it b! �t � the parda at the followin� addresia, unlea� ot�trw�ife providsd by aau party � tht otha party ia wlititt� To tiu Fou:►datian: Tht L�oe� Ta�at Can Foundation leso x se�, lvw s�� soo wu��, v.c. �0006 Atb�d�o�. H. Guy Cdli�r, Esquire To the Citp: II�i HPtlI�T8�51��IiP.RFOP, the partisi luve au�ed this ��ra�e�t to b� e�cecvted on t�+e day aad �ar S:st wrltber abo�v�s. 2 c��► o� sY• � ?h� Ioe+� Tsra� Cw %undation EY� � Its Pn�ideat � 4C 5 CITY OF FRIDLEY pLANNING COMMISSION l+iEETING, JOLY 25, 1999 �� rM��rtiM�tirMrrr�YSr AA �ALL TO ORDER• Chairperson Betzold called the July 25, 1990, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Don Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Connie Modig, Paul Dahlberg Members Absent: Diane Savage Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Jim Yungner, The Gym David Kordonoy, Steiner Development Kelly Doran, Robert Larsen Partners �PPROVAL OF JULY 11 1990 PLANNING COMMISSION MINUTES: o�+i TION by Mr. Kondrick, seconded by Mr. Saba, to approve the July 11, 1990, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED TSE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT. SP �90-11 BY STEINER DEVELOPMENT (THE GYM): Per Section 205.17.01.C.(4) of the Fridley City Code to a12ow commercial recreation uses on Lots 9 and 10, Block 2, Paco Industrial Park, generally located at 261 Commerce Circle South N.E. OM TION by Mr. Kondrick, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated Steiner Development currently owns the two buildings on Commerce Circle. The subject parcel is located at the intersection of Commerce Circle South and Commerce Circle Ea�t. The property is zoned M-1, Light Industrial, as are adjacent parcels to the east, south, and north. To the northeast is C-2, General Business, zoning; and M-2, Heavy Tndustrial, 5A PLANNING COMMISSION MEETING, JIILY 25. 1990 PAGE 2 zoning along the railroad tracks. The building is approximately 20,000 sq. ft. in size. Ms. McPherson stated the Fridley Zoning Code allows commercial recreation as a special use in the M-1 District. The Zoning Code outlines five standards which must be met prior to the issuance of a special use permit. These standards include adequate parking supply, types of signage allowed, traffic on adjacent streets, and compatibility with adjacent uses. Ms. McPherson stated the most important standard is the adequate parking supply. The Zoning Code states that the parking supply must be adequate, not only for the tenant, but for full occupancy of the building. The subject parcel has 41 parking spaces. In analyzing the two tenants currently occupying the building, using the office and warehouse ratios within the Zoning Code, these two tenants currently require 27 of those 41 spaces. This would allow The Gym to have the remaining 14 spaces. Ms. McPherson stated the Zoning Code does not specifically have a ratio to apply for commercial recreation uses such as The Gym or other health clubs within the City. However, the ratio of one space per 435 sq. ft. has been used in the past to apply to commercial recreation uses (Northwest Racquet and Swim Club). Using this ratio, The Gym would need 13 spaces. The petitioner also owns the building to the west and has indicated that there is adequate space on this parcel for cross parking easements for the easterly building. Currently, there are 106 parking spaces on the westerly site, and 51 of those are currently required by the tenants. Ms. McPherson stated there is a historical parking problem in this area. Staff is looking at the parking situation closely because of past problems in the area and because of a request of one of the adjacent developers whose building is south of the subject parcel. That particular owner has requested that the City staff work with the petitioner to ensure that The Gym's patrons do not park in this owner's parking lot and that there be adequate space on adjacent streets to allow for various truck traffic that needs to get into the buildings in the area. The U.S. Swim & Fitness facility across the street currently has, not only its own parking area, but leased space from the Winfield Development to the south, and leased parking space on the lot lcoated to the north of the subject parcel. Ms. McPherson stated staff believes there is adequate parking available with the two parcels and that many of The Gym's patrons would be utilizing the facilty during "off peak" hours (after 5:00 p.m.). Staff contacted the two tenants of the subject parcel, and these tenants indicated their hours of operation were 8:00 a.m. to 5:00 and 7:00 a.m. to 4:30 p.m. So, theoretically, : PLANNING COMMISSION MEETING. JDLY 25. 1990 PA�3B 3 the 41 spaces available on site would be available after 5:00 p.m. Ms. McPherson stated the use does not increase the levels of traffic on the adjacent roadways and, therefore, would not impact the levels of service on adjacent public streets. The use would be compatible with the adjacent uses as the two current tenants are more of a warehouse-type use than a manufacturing-type use. Ms. McPherson stated that because the petitioner has indicated adequate parking space both on the subject parcel and the adjacent parcel and that the use is compatible with adjacent uses, staff recommends that the Planning Commission recommend approval of the special use permit request with four stipulations: 1. The tenant signage shall be limited to wall siqnage. 2. The building owner shall inform prospective tenants that the property is 2oned for industrial use. 3. Future expansion of the commercial recreation use shall require a special use permit. 4. Cross-parking easements shall be recorded against both parcels owned by the petitioner (Lots 6, 7, and 8, and Lots 9 and 10, Block 2, Paco Industrial Park). Ms. Sherek asked there has been a problem with parking at U.S. Swim and Fitness. What is the current parking ratio (spaces per square footage) both on their own site and with the leased parking? Ms. Dacy stated she did not know the answer to that question, but obviously parking is short. The other problem is that despite the adequate space in the U.S. Swim & Fitness lot, when staff visited the site to observe parking patterns, there were vacant spaces in the lot and people still parked on the street. The reason staff used the parking standard for the Northwest Racquet and Swim Club was because staff thought those standards were more accurate because Northwest Racquet and Swim Club base their parking supply on actual usage. Staff determined that the Northwest Racquet and Swim Club's usage is more intense than The Gym's proposed usA. Ms. Sherek stated she is curious how that usage is determined. She would think the usage of court facilities and swimming pools is of a much lower intensity than a gym. It would seem the intensity of use on the floor of a workout room with free weights, etc., is much more intense than the use for racquetball or tennis courts or pool. 5C PLANNING COMM�SSION MEETING. JIILY 25. 1990 PA6$ � Mr. Kondrick stated Ms. Sherek is correct, except that The Gym is a very specialized facility, and there are fewer numbers of people who use the facility. Mr. David Kordonoy, Steiner Development, stated that before coming to the meeting, he drove around the two subject sites, and there were only two cars parked on the secondary site to the northwest. So, basically, both lots are empty during off-peak hours. This is the time clients will be using The Gym the most. Mr. Yungner, owner of The Gym, stated that they are not a U.S. Swim & Fitness. U.S. Swim & Fitness has a lot of machines (Nautilus equipment) that can be crammed into a small area. With free weights, a lot of space is needed for this type of equipment. The Gym specializes in one-on-one training, working with individuals, and spending a lot of time with each person. Most other facilities do not do that. They cannot get overcrowded with the type of facility they have. Mr. Betzold asked about the clientele. Mr. Yungner stated the average person comes 4-5 days a week. The workouts take about 1 1/2 - 2 hours. Everyone is training for a different reason, but each person is a lot more serious about their training goals than the average person at a U.S. Swim & Fitness. He believed that they might have 25-30 people maximum in the facility during the peak time. Peak time is from 5:00 p.m. - 8:00 p.m. In the morning from 9:00 a.m. - 3:00 p.m., there might be 1-2 people to 6-7 people. In the evening from 9:00 p.m. to 11:00 p.m. (closing), they might have 2-3 people to 6-7 people. Mondays are busier than Wednesdays. Mr. Kondrick asked about the staff. Mr. Yungner stated there will be one staff person. They plan to open at 5:00-6:00 a.m. It is possible they might have two staff inembers during the hours of 4:00 p.m. to 9:00 p.m. Mr. Yungner stated they do not foresee any parking problem. They would not want to go into a building where there would be any parking problem. The City of Plymouth was also very concerned about parking. The facility in Plymouth is 13,000 sq. ft., and He has never needed more than 35-40 parking spaces for that large a facility. Mr. David Kordonoy stated as the owner and manager of the property, they are also very concerned about parking. They believe this is a very manageable situation in terms of parking. Ms. Dacy stated she had done a quick calculation of U.S. Swim & Fitness parking from an aerial photo. It looks like the parking is probably at 1 space per 200 or 250 sq. ft. It is probably a 5D PLANNING COMMISSION MEETING. JIILY 25. 1990 pAGE 5 design function of the parking lot facility that people just do not want to walk around the building to the front door of the facility. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CSAIRPERSON BETZOLD DECLARED TSE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:00 P.M. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of special use permit, #90-11, by Steiner Development (The Gym), per Section 205.17.O1.C.(4) of the Fridley City Code to allow commercial recreation uses on Lots 9 and 10, Block 2, Paco Industrial Park, generally located at 261 Commerce Circle South N.E., with the following stipulations: 1. The tenant signage shall be limited to wall signage. 2. The building owner shall inform prospective tenants that the property is zoned for industrial use. 3. Future expansion of the commercial recreation use shall require a special use permit. 4. Cross-parking easements shall be recorded against both parcels owned by the petitioner (Lots 6, 7, and 8, and Lots 9 and 10, Block 2, Paco Industrial Park). IIPON A VOICE VOTE� ALL VOTING AYE� CHAZRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. i+is. McPherson stated this item will go to City Council on August 13, 1990. - 2. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT. SP �90-12 BY THE ROBERT LARSEN PARTNERS: Per Section 205.18.O1.C.(1) of the Fridley City Code to allow offices not associated with a principal use on Lot 2, Block 1, Northco Business Park, generally located at 7201 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD D$CLARED THE MOTION CARRIED AND THE PIIBLIC BEARING OPEN AT 8:02 P.M. 5E PLANNING COMMISSION MEETING. JIILY 25. 1990 PAGE 6 Ms. McPherson stated the special use permit request is for an office use not associated with a principal use in the University Business Center located at 7201 University Avenue N.E. This is a new development part of the Northco Plat that was recently approved. The property is zoned M-2, Heavy Industrial, as are the parcels to the south, east and north. R-1, Single Family, zoning is to the north of the site. Ms. McPherson stated the Zoning Code allows for offices not associated with a principal use in the M-2 zoning district. There is one standard outlined in the Zoning Code that needs to be considered prior to the issuance of a special use permit. That standard states that "The parking supply shall be in compliance with the requirements of Section 205.18.5 of the City Code and be sufficient to support full occupancy of the building. Parking requirements shall be determined by the City for each tenant prior to occupancy." Ms. McPherson stated the proposed site pl�n for the entire multi- tenant building provides 192 parking spaces. In calculating the parking ratio, this averages out to approximately one parking space for every 245 sq. ft. of building area. The office ratio as outlined by the Code is one space for every 250 sq. ft. of building area. The Zoning Code also allows for a speculative building in which the parking ratio is one space for every 500 sq. ft. of building area. Ms. McPherson stated a proposed office tenant will be occupying the most southerly tenant space in the building and will take up approximately 12,500 sq. ft., of which 4,000 sq. ft. will be devoted to the research and development portion of the use. Using the office ratio of one space per every 250 sq. ft., this particular use would need 50 spaces. The City has already issued permits for three other tenants in the building which, using the office and warehouse parking ratios, will be utilizing 36 of the 192 spaces. With the 50 spaces needed by the proposed tenant, this uses 86 of the 192 spaces. In calculating the remaining square footage of the building, that equals approximately 24,500 sq. ft. Again applying the office ratio, the remaining square footage would need 98 additional parking spaces. Ms. McPherson stated there is adequate parking on site to provide for full occupancy of the building, solely based on the office ratio. It is highly unlikely that the remaining square footage of the building would be devoted solely to office. It is a building designed for office/warehouse/showroom-type use. For these reasons, staff recommends the Planning Commission recommend approval of the special use permit request with the following stipulations: l. The building owner shall notify the City upon change in tenant use and parking availability. 5F PLANNING COMMISSION MEETING, JIILY 25. 1990 PAaE 7 2. Expansion of the office use shall require a special use permit. Mr. Kelly Doran, Robert Larsen Partnership, stated that at this time, they are not really a retail center and are not actively discussing or contemplating any retail\outlet-tenants. The use is more showroom-oriented. The concept of the center is to deal with home improvement type uses. Mr. Doran stated that the two stipulations as outlined by staff are acceptable. Mr. Harvey Benson, 7301 Tempo Terrace N.E., stated his concern is what is planned for the property bordering 73rd Avenue. Mr..Doran stated the property is actually two separate pieces of property. They are developing on the southern half, and the northern half is a separate parcel. They have brought extra fill material from the southerly half and some material from off site to the northerly half to make the parcel buildable. They have a grading permit from the City. The material that is there will be stockpiled and ultimately used for phase 2 of the development. As part of the phase 2 development, they will be 100 feet back from 73rd Avenue, and there are plans for a berm along 73rd Avenue. There will be a curb cut at the property line on the east with a full movement intersection as agreed upon in the original plat. Ms. Dacy stated the improvement plans for 73rd Avenue are set for 1990-91. There is a certain amount of pavement addition that the City will make along the south side of the existing road bed. Also planned is a bikeway/walkway adjacent to the roadway on the south side. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:1� P.M. Mr. Dahlberg stated he is sure that the developer is aware and concerned about the use as retail and will be conscientious in making sure the parking requirements are not exceeded if any retail tenants go in. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of special use permit, SP #90-12, by The Robert Larsen Partners, per Section 205.18.O1.C.(i) of the Fridley City Code to allow offices not associated with a principal use on Lot 2, Block 1, Northco Business Park, generally 5G PLANNING COMMISSION MEETING, JIILY 25. 1990 _ PAQE 8 located at 7201 University Avenue N.E., with the following stipulations: 1. The building owner shall notify the City upon change in tenant use and parking availability. 2. Expansion of the office use shall require a special use permit. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to Council on August Z3, 1990. 3. RECEIVE JUNE 19 1990 ENVIRONMENTAL OUALITY AND ENERGY COMMISSION MINUTES: oM TION by Mr. Dahlberg, seconded by Mr. Saba, to receive the June 19, 1990, Environmental Quality and Energy Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE� CBAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 4. RECEIVE JUNE 21 1990 HOUSING AND REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive the June 21, 1990, Housing and Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOIISLY. 5. RECEIVE JULY 10 1990 APPEALS COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Ms. Modig, to receive the July 10, 1990, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. ADJOURNMENT• MOTION by Ms. Modig, seconded by Mr. Saba, to adjourn the meeting. IIpon a voice vote, all votinq aye, Chairperson Betzold declared tbe motion carried and the July 25, 1990, Planning Commission meetinq adjourned at 8:15 p.m. Resp ctfully sub 'tted, � Lynne ' aba Recording Secretary � i c�nroF FRI DLEY C0�IMILUNITY DEVELOPMENT DEPARTMENT' MEMO RAN D UM DATE: August 9, 1990 William Burns Cit Manager ��� � . To : , Y �`,, FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant FROM: Special Use Permit Request, SP #90-11, by Steiner Development for The Gym Attached is the staff report for the above-referenced request, to allow commercial recreation in the M-1, Light Industrial District. The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. 2. 3. The tenant signage shall be limited to wall signage. The building owner shall inform prospective tenants that the property is zoned for industrial use. Future e�cpansion of the commercial recreation use shall require a special use permit. 4. Cross-parking easements shall be recorded against both parcels owned by the petitioner (Lots 6, 7, and 8 and Lots 9 and 10, Block 2, Paco Industrial Park). Staff recommends that the City Council concur with the Planning Commission action, and also add a fifth stipulation based on further research from communities where The Gym is now located (see "staff update" portion of report. 5. No classes shall be scheduled during peak parking demand hours; 7:30 a.m. - 5:00 p.m. NIl�i/dn M-90-526 5H � 51 � STAFF REPORT APPEALS DATE C�� O� PLAN�lV(` COM�NSSION DATE : 3uly 25 , 1990 f R! DLEY �Y ��i(�L �A� : Augus t 13 , 1990 �Hpp MM/ dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONMIG ADJACENT LAND USES � ZONNG UTLjTfS PARK DEDICATION ANALYSIS FWANCIAL MAPLlCATIONS CONFORMANCE TO COMPREh�JVSNE PLAN COMPATBILRI( WRH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATlON APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION � SP 4�90-1 1 Steiner Development; The Gym Allow commercial recreation in M-1, Light Industrial, zoning district 261 Commerce Circle South N.E. Lot: 67,941 square feet Building: 26,408 square feet M-1, Light Industrial M-I, Light Industrial to West, North, South, and East Yes Yes Approval with stipulations Approval with stipulations 5J Staff Report SP #90-11, The Gym Page 2 Request Steiner Development is requesting a special use permit to allow commercial recreation in an M-1, Light Industrial, zoning district. The property in consideration is Lots 9 and 10, Block 2, Paco Industrial Park, the same being 261 Commerce�Circle South N.E. Site A multi-tenant building of approximately 26,400 square feet is located on the property. Located to the west of the parcel is another multi-tenant building owned by the petitioner of approximately 52,000 square feet. The property is zoned M-1, Light Industrial, as is the property to the east, north, west and south. Analysis The Fridley Zoning Code allows commercial recreation as a special use in the M-1 zoning district. There are five standards which must be met prior to the issuance of a special use permit. Those standards include adequate parking supply, signage (tenants are limited to wall signage), levels of service on adjacent roadways, and compatibility with adjacent uses. These standards are outlined in Section 205.17.01.(3).(a-f) of the Fridley Zoning Code. The petitioner is requesting that a special use permit be issued in order to allow the petitioner's tenant, The Gym, to occupy 5,500 square feet in the 26,400 square foot multi-tenant building described previously. Two tenants are currently occupying space in the building; Bayer Automotive occupies 5,500 square feet and Tower Electronics Inc. occupies 15,400 square feet (tenant information is included at the end of this staff report). The Gym is a facility that provides the opportunity to specialize in weight lifting and body building activities. This facility is more specialized than a general purpose health club like U.S. Swim and Fitness or Northwest Racquet, Swim and Health. The proposed facility will include a training center, men's and women's locker rooms, rest rooms, and a training desk. The petitioner has indicated that the anticipated membership for The Gym is 300 - 400 members and the expected usage will average approximately 15 members during the hours of 6:00 a.m. and 4:00 p.m. and 35 members during the hours of 5:00 p.m and 11:00 p.m. Using the standards outlined by the zoning code, staff has analyzed the request. The most important of these standards is that there be an adequate parking supply, not only for the proposed tenant but for full occupancy of the building. The two tenants currently in the building require 27 parking spaces. This has been determined by both the office and warehouse ratios (please see exhibit 5K Staff Report SP #90-11, The Gym Page 3 entitled "Parking Spaces Required"). The site provides 41 spaces. This would allow The Gym to have i4 spaces. The zoning code does not specifically outline a parking space to building floor ratio for commercial recreation uses. However, the ratio of 1 space per 435 square feet has been used in the past to apply to commercial recreation uses (the Northwest Racquet, Swim and Health). Applying this ratio, the number of spaces needed by The Gym would be 13. The number of spaces available for The Gym is 14. The greatest number of parking spaces needed by The Gym are needed during the off-peak hours; 6:00 - 11:00 p.m. The petitioner also owns the multi-tenant industrial building to the west of the subject parcel and has indicated that cross-parking opportunities would be available for The Gym at this lot. Staff analyzed the parking requirements for the tenants in this building, and determined that current tenants occupying the westerly building require 51 spaces based on the office and warehouse ratios.• As there are 106 spaces available on the westerly parcel, it appears that there are cross- parking opportunities for The Gym. The other standard outlined by the zoning code for the issuance of a special use permit for commercial recreation require that the City determine the compatibility of the proposed use with adjacent uses. The proposed tenant is compatible with adjacent uses as the adjacent uses are more warehousing than manufacturing in nature. In addition, the proposed use will not generate levels of traffic to increase the level of service on adjacent public streets. Recommendation The petitioner has indicated that there is adequate parking for the proposed use, the proposed use does not generate enough traf f ic to increase the level of service on adjacent roadways, and the proposed use is compatible with adjacent uses. Staff recommends that the Planning Commission recommend approval of the request with the following stipulations: 1. The tenant signage shall be limited to wall signage. 2. The building owner shall inform prospective tenants that the property is zoned for industrial use. 3. Future expansion of the commercial recreation use shall require a special use permit. 4. Cross-parking easements shall be recorded against both parcels owned by the petitioner (Lots 6, 7, and 8 and Lots 9 and 10, Block 2, Paco Industrial Park). 5L Staff Report SP #90-11, The Gym Page 4 PlanninQ Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations as recommended by staff. Staff Update The owner of The Gym, Jim Yungner, stated that the facility provides an opportunity to work with primarily free weights instead of Nautilus "machines". Free weights require more space than the Nautilus machines, therefore, there will be a limited number of members who will be able to work out confortably at any given time. Mr..Yungner indicated that during off-peak hours, 2-7 people per hour may use the facility, while 20-30 people per hour during peak hour may use the facility. Staff spoke with the cities of Apple Valley and Plymouth where two other Gym facilities are l.ocated. The Apple Valley location was approved by a council resolution which found that the use was compatible in the limited industrial district. The parking supply for the building The Gym is located in is inadequate because The Gym added aerobic dance classes during the day hours when parking demand is greatest. Mr. Yungner stated that other partners are involved in the Apple Valley facility which wanted the classes. He stated that there would not be classes at the Fridley facility. The Gym facility in Plymouth is approximately 12,000 square feet. The facility includes a pro shop, workout floor, and locker rooms. There are 114 parking spaces on-site, but Mr. Yungner indicated that there was never a need for more than 50-60 spaces. Staff visited both sites and found 10-15 cars at each facility. Both sites are twice the size of the proposed Fridley location. City Council Recommendation Staff recommends that an additional stipulation be added based on the Apple Valley experience: 5. No classes shall be scheduled during peak parking demand hours; 7:30 a.m. - 5:00 p.m. Staff recommends that the City Council concur with the Planning Commission action and approve the request. _, _ : -- � Steiner � Development, Inc. 1. 2. 3. City of Fridley Plan Review Checklist Bldg. Name: Paco Industrial Park Building Bldg. Address: 261 Commerce Circle South Legal: Applicant: Lots 9& 10, Block 2, Paco Industrial Park The Gym 14435 North 28th Place Plymouth, MN Owner: Trustee Group Realty Partners I cJo Steiner Development, Inc. 3610 South Highway 101 Wayzata, MN 55391 4. Not Applicable 5M 5. Occupancy of approximately 5,50U square feet in an approximately 26,408 square foot building by The Gym, a training facility specializing in weight lifting and other fitness activities. The facility will include a training center, men's and women's locker rooms, restrooms and training desk. Anticipated membership is 300 to 400 members with expected usage averaging approximately 15 members between 6 am and 4 pm, and 35 members between 5 pm and 11 pm. 6. Zoning: M-1 7. Size of Parcels: Parcel 1- Approximately 67,941 square feet Parcel 2- Approximately 135,225 square feet Gross Floor Area of Buildings Parcel 1- Approximately 26,408 square feet (38.9% coverage) Parcel 2- Approximately 51,915 square feet (38.4% coverage) Projected Employee.s: Maximum of 3 to 4 Parl�►g Spac.es Required: From 6 am to 4 pm - Approximately 19 From 4 pm to 11 pm - Approximately 39 Number of Parking Spaces Provided: Parcel 1 - 41 spaces Parcel 2 - 106 spaces June 20, 1990 � GYM S�nission to Fridley for special use p�rmit. Z�,nant list ar�d business types. 2b1 - 281 aameroe Circle E./S. Bear Aut�amtive Zbwer Electronics 5N A�ta�tive equignent wholesaler ar�d distributer . El�ectronic equipmerit designer and assembler. � 7151 - 7177 Canmerce Circle South Mi.dwest Ir�dustrial Painting Bsnck ink�it�e M.F. Bank Ceco Fmn Olson Mfg. Ext�sior Wall panbined Systen �h. Fle�con Depend�ble Pattern Fow�estronics Por�aier Specialties Ker�deco DK 06-20-90 Irydt�st�i.al pai.iitirig IndusiYial prochicts supplier. Closeout ' e ?Grarehouser• Ooncrete fo2sn seYVi�ces for erigineers. Irxhistri.al �educts �facturer. Canc�ercial building siding supplier. Ir�dustrial weigh machines wholesaler. Adhesive �soduct distributor. Die cut specialist. Electrical �pply distri.}utAr. Ir�dustrial caatings Irr3ustr�1 tool supplier. a a� M 'J �W 04 N W U a � � z H � � �� �� ?� U !a A a N � m al QI mw � J". la 3�1 � 3 vl O+ C Cl ?C U � b aa a �n d � a � N d � � W 4! 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'� 4 � �, <. . .._..__...�-- .. .. . 5S . � .� . � . �-S 1 �i f : � � S f i . � .� ._ • ` .� . � . � _ ' � �� 1 - . t - • 'f .. 1 � . 4 _ ' ' i • � - _ �: � ,"! � . .. 1 - /1 i — ' � � Spotfight/Smali business �� ;�� �;: ��� :: � .Y �- � ;� •�,: :. , � _: �.�.. Athle�cs ����D �� . �-� , � . , . ..:, t.. . , • . �.t .:::�.�I.:;.�a�< . � . .�� . � ..�,. �.c, . . .�: . .�,. = ti ane t6e best st wfiat they do;° Le ` picked up oa steroida," he s�d. j said. "t tell pcople on the phone, ''� _ �., � : ; .. � ..;s -.; ; : ,� . ` :r �'.:-:- . .,. � .. : ; `If yat're looking for a full�etvia .� Yun�a taid t6at �e.� an'U evict facility, So to Northa�est The�ie q.any�e sttempting to aell or talce � the bat in the business.. If you're '�ttemids in his gym and il�at hds I looking for a fitne,ss center wrhere .;�u�ing other gym owaera tfl do tbe you put on your �nakeup .and ,��ma in fact, Ywogner said, .Le , �ou'rt social and do aome ttai� :�elped onderwrite the dn� teatin6 � mg, that's U.S. Swim 6c Fimaa.' k�last July for the Mr. ' Mmadota You can't compete usainst them.".;���ody Building Ciwnpionships. `' � A _ < _ . ,. � _ _ f�s��.c��.{'�." +.�� �J �_'nh��. �'V�. C� �'y- ��Yupaner ytarefully points��out, �`IYa udcenirig," be :sid �In the _ •bowrva, that �his ut compkte �.learly -� a�e dtvdopod' all the ' trainivg ahters for aayone afio ztoP li�but there Masn't really Las a�oal ia mind Aad thai is ; a ste�oids ptoblem b�ck ia i9, evidant from some of his dunts.` ��,!,80,'81t'8-2,'83 "i{,� ,�` g . . ... .� ,rd.?��.:] .2Ry ![� �,.;�n �i� .;?" ��Y�� i�� '��,�';r y j��r Walk iato Yungner's Gym in `��n�the early days he didn't bave to �. Plymouth aad you're likdy to end `�deal wiW such m�Mr lea8ue P�'ob- up working out side by s�de with �:�lems. He .�vas mor+e, eoncxrned pro �vratlers Jesse ('The BodY) :�with thin.gs snch as findin8 e4�� Ventura, the Road �Warriora, �meni ��. �`_�_, :>.�'�-� .:: :.=�. *�:�;�: � .. '$ID8S�1 Of tI1C t8$ tCBiII DCIIIOLiIOd �' 1 r . - .,� � - �na xua� xoioff � ;: t,�;�: L :� ;; �� �ra ��� aas �n m� �v� for �ea ; �. � -= ,'�t-li�ng wuipmont ana stai ( "I don't can #f You'ne SS or 60 bar bells, and we'd buy the atuff years old, if you're 20 yeazs old or "s pretty cheap and make all of our want w be a pro football player�or "'benches,": he said °It took two you"ve got a heart problem and ':yeaYS to "atvact 100 members want to get in better cardiovascu-�� thr+oog6 aord of mouth. Yungner, j !ar s6ape," he said. ;"T'his is 'a' . who oould not afford w pay him- � center whe�+e you caa s000mplish =� self s salary until t6ree yesis ago, � your 'g+oals. You can fos� .your y eventnatly built s large enough body �at so you have better wind -� followmg to move w Ply�nouth in and endurana. You're stmn�eer, .- 1986 S? ;;t -- -- - a=��� ti:- you get in better shape and un- - ._ prove your health." . _-.,. ;"Joone (Hopfenspi�er) and Pete '` .`;� "�'.�:,-'' �` °.ir'Ioen) 8ot us going over nation- His Gym ,is crodited with produ� �' ally, and my membership (due W ing some of the stau's best Imown ° that publicity) just doubled," he . champions in free weights, power- �� said "'I'6e ne�ct t6ing to do aas � lifting and body-building. Tht list _'. gat t� iand and zoamg, and this ; . includ� body-building champion projact (in Plymouth) just bai- j Joone Hopfenspirger, who won a_ looned and ballooned, and my i Ms. America tide in 1985, a Ms. overhead was going from 55,000 , Worid title in 1986 and an Inter- .-to S 18,000. It was raally hard the natioaal Body Building champi- first couple of years here.". onship in 1987. Five Mr. Minne- , �� sotas, seven Tanage Mr. Minna. He'U hold a lOth anniversary cele- sotas and and four world roo- .bration and an open house Oct. 21 ordholders in power liRing also for the Gym. workod out regularly at Yungner's , - gyms. ?he recordholders are Yungaer, aho could bench press Heide Kasset, Wayne Bloom and 400 pounds when he was 19, c� Barry Darsow, who wresdes az knowledges t6at cunning the busi- Smash of the tag team Demoli- > ness talces tum away from vain- tion, and Brad Kretch. � ing. In fact, he hasn't worked out • - - in five years, but that doesn't stop Most of the people aho work out him from yearning for it � at the Gym are mte� primari- __ . ty in shaping up, and that's all. ,"When you stop worldng out your But Yun�ner, like the indusuy, � muscks aren't �oing to get used as • faces the sense that the public �much," he sazd. "But it would blama body-building for the �71a � probably take me four or 5ve gal sa3es and risiag u�e of anabolic � months to be back in the , best 4 steroids. _ : _ � - _ _ shape of my life." : . 6 But weight training or body-b�uld- � - ing has become very commercial- ized, and "The general public __:: Other national over-the-�ounter/ - ; - . � :�.� _ _ : � _.� �I►a` . . . ;-.... : � era � �� a„ __ ` APACo�eY¢ 7t e 7 I[..r. • r a I u.......� .+�. ,�. I. f •.. .. al. � �� �: I � �; � � w `� y ' '$ d .� 'i�r„"'� _ '� " S a w � �' �i �'�,���� � a��� . � p10� �� � � t „g� g�. 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Q �---- �j� 3 O �' (PO�O) i �i ' 3 ` 4 - Ql (i�' �' ' " ,'C 6 „ t . i� ' � ' . �. : W � t y ; ,.. • �+►.*� V ,� . s.�.��► � ti � �y !� Nill. le w,ar � i..a �� k, � � �� ii (� i i e � �',.o •�. � `S°, fi � , ` (��) � � � � ~ ' 2 ° ' �N, � J ' s , � ' , O � 9 9 /p ' � � (i � � .� ' `•.,�. -- �'� • -� � { s� � ; � �s •�'' � ; . �, `f�i �y �► � � I � a��4 �� � 3 %�� '`' �� � •. � ----- � ., zCOMMERCE C LE . , ��,� , � � ► 'T; • t � � /N!1 1L/ • � . y° �;� • � � � is jl �'� � "' +��j � ' � � � J`j l� 1 : � � '� � '� r�¢ ' � <�> `� � �~� � (s) (/j � (� ; � 6 � � � '� (A�� ---- ° — 9 -- — e I � —' — �-- —_— __'� �`- -� T I . � � � ' � t+ftir+t � j w / � / , � � � ... /iv ��++r ;�+I.� si/OL 1 . /�� � I � .r a' —� � _ L L � � � �"�'' s i � `` y� .. ..�t» �• s� `Z � - - -• ��' � t ,r. w. -ti- - •� `.� � 2 ,`', . ... � •_ .� ' �� � TRACT A g � � --,----- ; ; � _ .. .- '- ; � - �,� � LOCATION MAP � , �1��: , � - �� � ' l QU tiP�S- ����� SP 4�90-11 The Gym -�Im� �. .f �i .I � i' J �I. ��I s�� �I;. , ,; ;, �; �� r� � . ' w I' ��� �.1��, ���-� 11 �Li.� �� � ..� �e w ...� ^a a. � s. � � . . . � i..�+s'i' . — � ". • 4 .., ►- —. ..» -.. � . j ' asajn s1e�.� saaar.wo� j-T� • _ � . - .,3, - -� ' ! � � I ' Wi�� `e.►wtltt �.ra�C ( _ ' �, � i ; � � � . � � . � Y �X SITE PLAN INFORMATION SHEET # 9001-10 5Y 11,000 Square Feet 261-271 COMMERCE CIRCLE SOUTH Fridley BASE RENT 11,000 sq. ft. whse. @ $3.00 = $2750.00/mo. 11,000 sq. ft. TOTAL $2750.00/mo. 1990 R.E. TAXES (EST.) 11,000 sq. ft. @ $1.19 = $1091.00/mo. COMMON AREA EXPENSES (EST.) 11,000 sq. ft. @ $0.55 = $504.00/mo. • Bays are Divisible • 12' x 12' Drive-In Doors • 14' Clear For Friend/y fnformation Call: 473-5650 . ` Ste�ner -� Development, Inc. � � cinr oF FRlDLEY C�11M/IUNITY DEVELOPMENT DEPARTMENT MEMORAN DUM DATE : August 2, 19 9 0 ��" TO: William Burns, City Manager�i° FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #90-12, by The Robert Larsen Partnership Attached is the staff report for the above-referenced request. The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. 2. The building owner shall notify the City upon change in tenant use and parking availability. Expansion of the office use shall require a special use permit. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-90-532 5Z � 5AA � STAFF REPORT APPEALS DATE ��NQF pLAMING COM��SSION DATE : July 25, 1990 FRIDLEY CITY COI�IqL DAl'E : augusc �3, 1990 ,,�,� MM/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES $� Z�%ii� UR�E$ PARK DEDICATION ANALYSIS FNVANCIAL MAPL.ICATIONS CONFORMANCE TO COMPREF�ENSNE PLAN COMPAT�ILITY WtTH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION � SP 4�90-12 The Robert Larsen Partnership Allow offices not associated with the principal use in an M-2, Heavy Industrial, zoning district University Business Center; 7201-7251 University Avenue N Lot: 7.6 acres Building: 47,170 square feet M-2, Heavy Industrial M-2, Heavy Industrial to the East, South, and West; R-1, Single Family Dwelling to the North Yes Yes Approval with stipulations Approval with stipulations - - Staff Report SP #90-12, The Robert Larsen Partnership Page 2 Request The Robert Larsen Partnership is requesting that a special use permit be granted to allow an office not associated with a principal use in the University Business Center located at 7201 University Avenue N.E. The proposed tenant is a medical use; skin care product research and development facility. Site The property is located at the intersection of the east University Avenue Service Road and Northco Drive, generally in the vicinity of 73rd Avenue and University Avenue. A new multi-tenant office/showroom/warehouse facility is being constructed on the parcel. Analysis Section 205.18.C.(1) of the zoning code allows for offices not associated with a principal use to be allowed in the M-2 district with a special use permit. The zoning code has one standard which needs to be evaluated when issuing a special use permit for this type of use. That standard states "The parking supply shall be in compliance with the requirements of Section 205.18.5 of the City Code and be sufficient to support full occupancy of the building. Parking requirements shall be determined by the City for each tenant prior to occupancy." The proposed site plan for the entire multi-tenant building provides 192 parking spaces. This is based on a ratio of 1 space for every 245 square feet of building area. Section 205.18.05.0 of the Fridley Zoning Code outlines the parking ratio requirements for various uses. Within that section of the code, item #1 requires 1 space for every 250 square feet of office use, and #5 within the same section requires 1 space for each 500 square feet of speculative building floor area. By providing 1 space per 245 square feet of building floor area, the developer is using a smaller ratio to determine the available parking spaces on-site. The proposed office tenant will be leasing approximately 12,500 square feet of building space. Of that 12,500 square feet, 4,000 square feet will be devoted to the research and development with the remaining space to be used for doctors' offices for 9 physicians, reception, and waiting room areas. If the 1 per 250 ratio is applied to the 12,500 square feet, the use will require 50 parking spaces. The City has issued building permits to current tenants which are using 36 parking spaces. This means that currently 86 parking spaces will be used by the known tenants. 5CC Staff Report SP #90-12, The Robert Larsen Partnership Page 3 Subtracting the 86 spaces from the 192 spaces provided on-site results in 106 parking spaces for the remaining tenants. The remaining tenant space within the building totals 24,500 square feet. Applying the 1 per 250 square feet ratio assumes that the remaining tenant spaces will be devoted solely to office use. This would require that 98 additional parking spaces be provided for the remaining tenants. Therefore, there are adequate parking spaces remaining to fulfill the zoning requirement. It is highly unlikely that the remaining 24,500 square feet will be devoted solely to office use. Therefore, the required parking spaces for the remaining tenant spaces will more than likely be less than the 98 required if the spaces were solely devoted to office use. Recommendation As the site provides adequate parking• spaces for the entire occupancy of the building, staff recommends that the Planning Commission recommend approval of the special use permit request to the City Council with the following stipulation: 1. The building owner shall notify the City upon change in tenant use and parking availability. 2. Expansion of the office use shall require a special use permit. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. Staff Update After the Planning Commission meeting, staff determined that an error was made in calculating the number of parking spaces provided on the site. The total number of spaces available on the site is 162, with 18 located at the rear of the parcel as "proof of parking", (they are unimproved). Existing tenants require 36 parking spaces, and the proposed tenant will need 50-60 parking spaces, which is based on current experience at the Unity Hospital Professional Building. This leaves 66 spaces for the remainder of the building. If the remaining 24,500 square feet were solely office users, 98 additional spaces would be required (1 per 250 square feet) which is more than is available. As it is highly unlikely that all of the remaining space would be devoted to office use, using the speculative building ratio outlined in Section 205.18.05.C.(5) of the zoning code to calculate the number of spaces required is more realistic. This ratio is 1 per 500 square y, �� Staff Report SP #90-12, The Robert Larsen Partnership Page 4 feet which would require 49 additional spaces, 15 less than provided by the site. While commercial retail uses are a special use in the M-2, Heavy Industrial District, and may occupy up to 30$ of a multi-tenant building, the petitioner should be aware that it will be difficult to locate such a use in this building due to the large parking requirements of such a use. Further, as a requirement of the plat approved by the City Council earlier this year, cross-parking easements were recorded against the property to the north, which will be phase 2. The petitioner has indicated that phase 2 will begin in the spring of 1991. City Council Recommendation The site provides adequate parking for both the proposed tenant and for full occupancy of the building. Cross parking easements have been filed against the subject parcel and the parcel to the north. Staff recommends that the City Council concur with the Planning Commission action. . I����I� � �W�!�� � ATTORl`TEYS AT LAW Virgil C. Herrick M E M O R A N D U M james D. Hceft Gregg V. Herrick Of Counset David P. Newman T0: Barb Dacy, Planning Coordinator FROM: Virgil Herrick, City Attorney ;� DATE: June 26, 1990 RE: Location of the Associated Skin Care Clinic/Offices in M-2, Heavy Industrial Zoning District This memo is in response to your memorandum of June 25, 1990, regarding the above subject. You ask the question whether Associated Skin Care can locate a facility at 7201 University Ave. N.E. According to your memorandum, a portion of the facility is to be used for research and development laboratories, and the balance for physicians offices. This property is zoned M-2, or heavy industrial. Fridley City permitted in proposed use 205.18.O1.A. Code Section 205.18.01 lists the uses that are the M-2 district. I am of the opinion that the does not fall within the permitted uses listed in Section 205.18.O1.0 lists additional uses that may be permitted with a special use permit. Item 1 under this section allows offices not associated with a principal use. The term office is not defined in Chapter 205; therefore, I believe that the normal definition should be applied. This section of the code does not restrict the type of office that may be included; therefore, it is proper to assume that a medical office would quality under this section. It should be noted that 205.18.O1.C(1) states that the parking requirement shall be in compliance with Section 205.1�.5 and further that the parking requirement shall be determined by the City for each tenant prior to occupancy. If the Planning Commission and the Council find that this application meets the general requirements for a special use permit, it is my opinion that authority exists to grant a special use permit to the applicant. If the application for a special use permit is not approved, the applicant would have as an alternative the right to request that the lots in his plat that contain the building under construction be rezoned to a com:nercial zoning. VCH:ldb Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432, 612-571-3850 5EE 5FF The Robert Larsen Partners July 30, 1990 Ms. Barb Dacy City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 RE: University Avenue Business Center Dear Barb: Just a note to confirm that per my conversation with the Administrator for Associated Skin Care Specialists, the following parking requirements pertain: Average Daily Use ......... 50 cars Maximum Daily Use ......... 60 cars I will forward the revised site plan to your attention upon completion by Shea Architects, Inc. Should you have any further questions, please feel free to call. Very truly yours, °��� William L. Pew Vice President Construction and Management WLP : k,j g 730 Seco�Td Az�c�Ti�e Soi�fh - Suit� 281 - Mi��rzeape�lis, Mirtnesota 554U2 (612) 371-04Z4 Fcu�: 612-371-0634 ' SP ��90-12 The Robert Larsen 5 G G P nershi S �/2 SEC. //.., T 3C C/T Y OF FR/OL E Y i r��,,�, I 31 10 �7 I \ l lO / \ ♦ � _ :�fM�R♦ 1 \ I 2`/ a / � � � �� J � Nr"n. •s�•..� �Y 4� �t �{���� t •��iRV AtG• n•G•, _' ' T.��",+W� t �M'�v+ �eYK - Y.R. .�.CN TRACT A � - 1. ZYlT�Y1H•�+ y1 /•�✓'hi'1'rl O NM'JYiM'� � '1 � � � � wi , Y •• I�y 9 z I M " wN�L �:M:'�'v�E "'(.•�v _ � t t r r :;� r wi! w� � + f ' / ; !R'f �, !M� n�/V _,_ � < t � �I r" p � , . � w -;;�.. � .. a�u ��' : � ►' � w`� : �w.., Ie��. �� �, � � E o� °� r �� e 1 7'-"' _ � W � � ° p Z . • / 1 �. �� .i � . ' �- - W i • � ►`q'� � `p `� � --'� � : �' � tr, �, ���s�,'� REGISTERED - � TRACT e,,� y �r+wJ � � � (�` � . ` ' �� ' � LAND " � I/ � � ry, . , , _ . `s_ � : _ { p�0 J� �^- � ~ ' : 'z � � SURVEY �' � r� , ,«,.� _ ° • , i� � 'i;� � Z - � �o ' � �•� = N0. 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' =if,.�. `.- ` • • - -� � '°°� -------�r�eo awa• - � . • � � ' � . • � _ ... • ;�i� •�� :.:- . . . . ' '' ' . _ �.;'j,_ . , . . . c � �i.v � ' ' f. , 's✓ . _ . ' ' . �._ _ , -. . . �- .. ; ' . � � c�nroF FRlDLEY DATE: TO: FROM: BIIBJECT: COlNtMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM August 8 , 199 0 �� �- ' William Burns, City Manager �l Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Variance Request, VAR #90-13, by Eileen Branco Attached is the staff report for the above;referenced staff report. The Appeals Cammission voted unanimously to recommend approval of the request to the City Council. Staff recommends that the City Council deny the request as the petitioner has an alternative which meets Code. 1�II�! :1 s M-90-514 l•� � 6A t STAFF REPaRT APPEALS DATE July 24, 19�0 CITY OF PLANVNG CONNMSSION DATE f R! DLEY cmr c�a� nA� �t 13, 1990 �� �� � REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE OENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONNG UrL1TfS PARK DEDICATION ANQLYSIS FlNANCIAL IMPLICATIONS CONFORMANCE TO COMPREF�NE PLAN COMPATIBILITY WRH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIOERATlONS STAFF RECOMMEt�ATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #90-13 Eilsen Branoo To reduoe the .required front yard setback frcm 35 ft.. to 19 ft. 5720 Polk Street N.E. 17, 842 sq. ft. I�1, Single Family Dwelling R-1, Single Family Dr�relling, to the N and E; R-3, Multiple I Faarrily Dwelling, tA the S; ar�d C-1, Local Business t�o the W Yes Yes Derii.al APProval �• : Staff Report VAR #90-13, 5720 Polk Street N.E. Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.04.D.(1) requires a front yard setback of 35 feet in an R-1, Single Family Dwelling District. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. B. STATED HARDSHIP: '�The circumstances that bring me to request a variance are unusual. I will venture to say that this could be one of the rarest cases on the City records. My home is located at 5720 Polk Street N.E. The house and property was at one time a farmstead. The house was accessed from Highway 65. Sometime in the late 50's or early 60's, the City of Fridley laid out a street plan to incorporate all of the new tract housing and multi resident housing being done in the northeast corner of Highway 100 and Highway 65. Because my home did not fit the overall plan, Polk Street was laid out just 15 feet from what is my 'back door'. The front of my house faces Highway 65. In front of my house is what most people would consider my back yard. This is not how we consider it; however, and like 99� of the population, we enter our home from the 'back door'. The City of Fridley's code would require me to place a garage in my 'front yard'. I am requesting a variance on the grounds that it would only be a fair and proper thing to allow me to have fair access to my 'back door'. There is one other matter to consider. The maple tree in the approximate center of my property could very well be the oldest living resident of Fridley. I would like very much not to disturb this tree in meeting the City's requirements." C. ADMINISTRATIVE STAFF REVIEW: Request Eileen Branco is requesting that a variance be granted to reduce the front yard setback from 35 feet to 19 feet in order to construct a garage on Lot 3, Block 2, Sexter Addition, the same being 5720 Polk Street N.E. sc Staff Report VAR #90-13, 5720 Polk Street N.E. Page 3 Site The single family dwelling unit located on the parcel was originally part of a farmstead site prior to the Sexter Addition being approved. The parcel is zoned R-1, Single Family Dwelling, with additional R-1 zoning to the east and north; R-3, Multiple Family Dwelling, to the south; C-1, Local Business, to the west. Analvsis As was stated earlier, the single family home was part of a farmstead (see attached drawing). In 1964, Donald Sexter proposed the Sexter Addition. After the approval of the plat in 1964, Polk Street was constructed. The City acquired right-of-way from the farmstead in'order to construct Polk Street. Although Polk Street is located at the "rear" of the single family dwelling unit, the zoning code defines the front yard as that portion of the lot which abuts the public right- of-way. Therefore, any structure would need to be built 35 feet from the public right-of-way. The dwelling unit itself encroaches into the 35 foot setback. There is adequate space on the parcel for the garage to be placed on the site outside the required setback area. The petitioner has indicated that she would like to use the existing driveway curb cut and the asphalt pad on site. This would require the proposed garage to be within the 35 foot front yard setback. The petitioner does have adequate space on the site to conform to the setback requirement. The garage could be moved to within six feet of the south property line and could also be moved westerly on the lot. This would place the garage approximately even with the west side of the existing house, perhaps slightly encroaching into the rear yard. In addition, by slightZy curving the driveway to the garage, the petitioner could use the existing curb cut and asphalt pad on site. Recommendation As the petitioner has an alternative location for the proposed garage, staff recommends that the Appeals Commission deny the variance request to reduce the required front yard setback from 35 feet to 19 feet. Appeals Commission Action The Appeals Commisison voted unanimously to recommend approval of the request to the City Council. . � Staff Report VAR #90-13, 5720 Polk Street N.E. Page 4 Staff Update The petitioner has advised staff that the variance request should be amended to 18 feet rather than 19 feet. Upon further consultation with her contractor, it was determined that the garage would be placed 18 feet from the property line rather than 19 feet. Given the Appeals Commission's discussion, we do not believe this would have affected the Appeals Commission action. Cit,y Council Recommendation Staff maintains its original recommendation and recommends that the City Council deny the variance request. �•1 � IIPON A VOICE VOTE, l�IS, VOTING TSE I�iOTION C1�iRRIED IINANIMOIISLY. Ms. McPherson stated this item 1990. ,yE, CSAIRpERSON SAVAGE DECLpiRED to City Council on Auqust 13, 3. CONSIDERATION OF V IANCE UEST '�V - I EN '$RANCO: Pursuant to Section 205.07.04.D.(1) of the Fridley City Code to reduce the front yard setback from 35 feet to 19 feet to allow the placement of a garage in the front yard, on Lot 3, Block 2, Sexter Addition, the same being 5720 Polk Street N.E. OM TION by Mr. Johnson, seconded by Dr. Vos, to open the public hearing. IIPON A VOICE VOTE, 1�iLI� VOTING AYE, CHAIRPERSON SAVAGE DECIARED THE IrIOTION CARRIED AND TSE PiTBLIC A�ART�G OPEN AT 8:43 P.M. Ms. Dacy stated the property is located west of and adjacent to Polk Street. It is zoned R-1, Single Family Dwelling. To the north and east of the site are existing sinqle family homes. To the south is R-3, Multiple Family Dwelling, zoning, and to the west is C-1, Lccal Business, zoning. Ms. Dacy stated the existing structure has been on the prcperty for a number of years. In the early 1960's when the Sexter Addition plat was approved, the City acquired right-of-way for Polk Street such that it rendered the existing home nonconforming. The distance from the front of the home is, at minimum, 5 feet from the property line. The farthest distance from the front of the home is 7 feet. Another unique feature to this lot is the large tree at the south side of the home. The petitioner is proposing to locate the garage that was moved onto the property on a foundation so that it would be 19 feet from the property line. There is already an existing curb cut from Polk Street to the property. Ms. Dacy stated the petitioner is very concerned about the moving the garage onto any other part of the property in order to avoid damage to the existing maple tree. There is an existing chain link fence line on the property, and that would have to be removed even with the proposed location for the garage. Ms. Dacy stated that staff is required to point out other alternatives that meet the intent of the Code. The proposed garage could be located behind the 35 foot front yard setback and could be moved in order to avoid the maple tree branches so that it would also conform with the side yard setback. Again, the petitioner wants to take advantage of the existing curb cut and the small driveway area to the proposed garage. Staff has sF AppEAIS CO1+Il+IISSION ETING. JULY 24 1990 PAGE 10 recommended that the Appeals Commission recommend denial of the variance request to the City Council. Ms. Eileen Branco stated that because the house does sit backwards and because 99$ of her entrance is through the "back door", in order to use the garage efficiently, the proposed location is the most desirable placement for the garage. Ms. Nancy J. Jorgenson stated this is a very unusual situation. She lives next door to Ms. Branco and the qarage that has been moved onto Ms. Branco's property was theirs. In the process of constructing an addition to their house and an attached double car garage, they found out that Ms. Branco was interested in purchasing the old garage and relocating it on her property. Ms. Jorgenson stated there is another problem in putting the garage farther back on the property as recomiaended by staff, and that is a fairly steep drop in grade. OT N by Dr. Vos, seconded by Mr. Johnson, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CAAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND TSE P[TBLIC HEARING CLOSED AT 9:00 P.M. Dr. Vos stated the public purpose served by the zequirement to have a 35 foot front yard setback is "to allow for off-street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard." Dr. Vos stated the house already encroaches more into the neighbor's front yard than the garage will. So, he did not have any problem with the proposed placement of the qarage. Ms. Savage stated this is a unique property, and the petitioner's problems are not caused by the petitioner but were caused by the City. She agreed that the spirit of the code is met by having the garage in its proposed location. Mr. Johnson agreed. Ms. Jorgenson stated she has talked to all the neighbors on Polk Street, and no or�e had any objection to the placement of the garage because of the property's unique situation and one that the City has imposed on the property. OI�TION by Mr. Johnson, seconded by Dr. Vos, to recommend to City Council approval of variance request, VAR �90-13, by Eileen Branco, pursuant to Section 205.07.04.D.(1) of the Fridley City Code to reduce the front yard setback from 35 feet to 19 feet to \ 1` �PPEAIS COI�4�iISSION I�IEETING JULY 24 1990 PAGE 11 allow the placement of a qarage in the front yard, on Lot 3, Block 2, Sexter Addition, the same being 5720 Polk Street N.E. IIPON A VOICE VOTE, ALI, VOTING AYE, CHAIRPER.+ON S�V�iGB DECLARED T� I�OTION CARRIED IINANII+IODSLY. Ms . Dacy stated this item will go to City Council on August 13 , 1990. ADJOURNMENT: O ON by Dr. Vos, seconded by Mr. Johnson, to adjourn the meeting. IIpon a voice vote, all votinq aye, Chairperson Savage declared the motion carried and the July 24, 1990, Appeals Commission meeting adjourned at 9:00 p.m. Respectfully submitted, �:2_. ��-- Lynne,� Saba Recording Secretary TJERR. �.zR�. 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'�a.�i1M�����c C�2' �i) S i rt�. i � , .i4%,� �--r: .� �:� LOCATION MAP 6� , � I D RE � K� , ; � � � � �/ ; � i 3 I • � ' '� . �� / � �ph . • 2. � % -`�P� �� G • • �--� - i� i • � � ��� • • • •�• � � • • • • • • L� i • • i i ; � • • � � � • 6a ' '� ='- . . . /9 • H/LLW/ 6� ' ' ' � ADD/T/AN � � . \ �rR � � 1 VAR 4I90-13 F.ileen Aranco � / _ � � � s� / - . - p . e . . � � - �� � ' � � .� Op I J fM OR�, L�� . � • �AKE •• J�v � �r a� / � �EAC J�,� � �'' + ,� r N � , � s / � � �� ~ , t = � . � � ��.,• , , � _ � . , " o� �. s �. �� /� , .l.f'� . EL , _�„�. �: ' v` � ° � J � � I �� iw /� 6 N , V F��' �. si ar �o �� sr �s N�* � i ..� `�� z : � �� . " '. ��� a���� ,.� >_ ' : � � '� � �' � ! ' GRACE 7�� � t � j�� � ,�''K� , ' , „ 1 � ,^'� � ti• .� �, ,e � �2 � fi 's R SCHOOL 4, , � � � �� z • ; A �" y /o S ! i �� tt � �� ��� � � /O i 1, � , a �� . '" n i i 1 j • � i� �� ,,�, ,. � i ?t � 29 ?I : 7 �� 1 � ti, u-'. /9 �, i! � II • /J 'r! 3) 3r ,� �IL ));lI )! 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' ,� .� � o % a � 1� £'� s 1�� oD , __ �� - - - � _,, � � - ,O � , = �L - - - -- --- - c� , , T^ \ ' I h� i � �+ ��� � O � � J � I. - ,� • - ! d- - - - _,.._— `T t . .� � � � � / � ♦ , � ? `� � �C � � � � 1 � �ot� . v .dii N v� �� � , � ; �t < O . — � .. . � a � ;. - ..._ ��-r P . .\ o � • aa- N �: ,� I` c•. ___� � ' - tA ' " /� � .� � _ o `�� � `, . °� � .� .� ;- r. --�Z9�60�. - - � , M C �- Z9'S/! � � ., �- � . s :. , � �. ; � � : ; ,, �. � � �. � �� � ' ? J � � cinro� � Ft�a.�r C01V1MUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: August 8, 1990 TO: William Burns, City Manager �_�'�^�'`" � FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SIIBJECT: Variance Request, VAR #90-14, by Robert Carlson The Appeals Commission voted una imously to recommend approval of this request to the City Counci� with the following stipulations as recommended by staff: 1. 2. A hard surface driveway shall be provided by September 1, 1991. There shall be no repair of automobiles, other than the petitioner's, on site. Staff recommends that the City Council deny the request as the petitioner has two alternatives which allow him to meet Code. I�IIri :1 s M-90-523 ---• 6M � 6N � STAFF REPORT APPEALS DATE July 24, 1990 CIN OF PLANVNG C4MNSSION DATE FR! DLEY CITY COI�IqL DATE �g�t 13, 1990 ��►� �= REQUEST PERMIT NUMBER APPLICANT PROPOSEO REQUEST LOCATION SITE DATA SIZE OENSITY PRESENT ZONING ADJACENT IAND USES 8� ZONNG UTIJTES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREF�NE PLAN COMPA'TBILITY W1TH ADJACENT USES 8► ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION � #90-14 rt Carlson reduoe the side yard setback oal a oorner lot for a �age facing a side street fran 25 ft. to 15 ft. 1350 0.sborne Rpad N.E. 12,105 sq. ft. 1, Single FaQnily Dwelling . l, Single Family Dwelling to E, S, and W; C-2 General c�pPinq to N Yes Denial Staff Report VAR #90-14, 350 Osborne Road N.E. Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: B. C. Bection 205.07.03.D.(2).(c).((3)) requires that any attached or unattached accessory building which opens onto the side street must be at least 25 feet from the property line of the side street. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also the aesthetic consideration of the neighborhood to reduce the building "line of sight" encroachment into the neighbor's front yard. STATED HARDSHIP: "Would lose 10 removed; all increase cost feet of yard in back.and patio slab would be garages on street have same setback; would 50�." ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting that a variance be granted to reduce the side yard setback on a corner lot for an accessory use from 25 feet to 15 feet. This will allow the petitioner to utilize an existing garage floor as a portion of the floor of a new garage the petitioner proposes to construct. This request is on Lot 1, Block 2, Osborne Manor Addition, the same being 350 Osborne Road N.E. Site A single family dwelling unit and an existing 16 ft. x 22 ft. detached garage is located on the site. The petitioner is proposing to remove the existing garage in order to construct a new garage which will be 26 ft. by 38 ft. The site is zoned R-1, Single Family Dwelling, and there is adjacent R-1, Single Family Dwelling, to the east, south, and west of the parcel. The zoning to the north is C-2, General Business. The City's code enforcement officer has sent several noncompliance letters to the petitioner regarding the sale of vehicles from the property not on a hard surface. The most recent of these is dated December 12, 1989. Staff received a call from an adjacent property owner who requested that the garage not be used for auto repairs. l� l� Staff Report VAR #90-14, 250 Osborne Road N.E. Page 3 Analysis In analyzing the request, staff calculated the square footage of the garage and the house. The square footage of the proposed garage is 988 sq. ft., while the existing house is 972 sq. ft. Section 205.07.O1.B,(4),(a) states: "A private garage is the first accessory building, and it shall not exceed 100 percent of the first floor area of the dwelling unit, or a maximum of 1,000 sq. ft." As the proposed garage is larger than the first floor area of the dwelling unit, staff contacted the petitioner regarding this issue, and the petitioner is aware that he will need to reduce the size of the proposed garage. In constructing the new garage, the petitioner proposes to utilize the old garage floor in addition to pouring additional concrete for the remaining garage floor. The petitioner has stated that there is a patio area to the rear of the existing garage which will need to be removed if the proposed garage is located to meet the 25 foot setback. The petitioner has the alternative to move the garage to the west in order to meet the zoning code requirement. The petitioner could also move the proposed garage to within 5 feet of the south property line and also move it to the west to meet the 25 foot setback. This would not encroach into the petitioner's patio area and would also not greatly encroach into the petitioner's rear yard. Recommendation As the petitioner has two alternatives which would allow him to meet the zoning code requirements, staff recommends that the Appeals Commission deny the variance request as proposed. However, if the Appeals Commission votes to recommend approval of the variance request, staff would recommend the following stipulations be applied as part of the variance: 1. A hard surface driveway shall be provided by September l, 1991. 2. There shall be no repair of automobiles, other than the petitioner's on site. A�peals Commission Action The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the stipulations as recommended by staff. . ! Staff Report VAR #90-14, 250 Osborne Road N.E. Page 4 City Council Recommendation Staff maintains its original recommendation of denial as the petitioner has two alternatives which allow him to meet the code requirements. �J.ai ApPEAIS COI�iKKISSION lsEETING JIILY 24 1990 PAGE 6 Ms. Dacy stated that if e Commission is going to consider recommending approval of th variances, there are the issues of the hard surface driveway d the removal of all construction debris and the 8 ft. x 16 ft. shed on the property. OM TION by Mr. Johnson, secand d by Ms. Savage, to recommend to City Council approval of varia ce request, VAR #90-15, by Robert Franzen, pursuant to Section 2.07.03.D.(1) of the Fridley City Code, to reduce the front yard etback from 35 feet to 23 feet; and pursuant to Section 205.07.0 .C. of the Fridley City Code, to increase the lot coverage fro 25� to 27�, to allow the construction of an addition to th front of the existing home and to acknowledge the coverage of the existing qarage on Lots 37 and 38, Block E, Riverview Heights, the same being 590 Kimball Street N.E., with the following stipulatio s: 1. 2. The hard surface driveway 1, 1990. The storage shed must be r or 30 days after the final to the front of the house. IIPON A VOICE VOTE, AI� VOTING AYE, THE MOTION CARRZED IINANIMOIISLY. be completed by November by November 1, 1990, tion on the addition SAVAGE DEC7�ARED Ms. Dacy stated this item wi1Z go to the �ity Council on August 13, 1990. 2. CONSIDERATION OF VARIANCE REQUEST ��VAR �90-14. BY ROBERT CARLSON: Pursuant to Section 205.07.03.D.(2).(c).((3)) of the Fridley City Code to reduce the side yard setback on a side street from 25 feet to 15 feet to allow the construction of a garage on Lot 1, Block 2, Osborne Manor, the same being 350 Osborne Road N.E. OM TION by Mr. Johnson, seconded by Dr. Vos, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED TSE I+IOTION CARRIED IINANIMOIISLY AND THE P[TBLIC HEARING OPEN AT 8:22. Ms. McPherson stated this property is located at the intersection of 5th Street and Osborne Road in the general vicinity of Unity Hospital. The property is zoned R-1, Single Family Dwelling, as are adjacent parcels to the east, south, and west. The property to the north is C-2, General Shopping. Ms. McPherson stated the petitioner is proposing to remove the 16 ft. x 22 ft. garage currently on the site and to construct a new 26 ft. x 38 ft. garage. She stated she had contacted Mr. Carlson �•r� �pPEALS COMrSISSZON I+�lEETING JULY 24 1990 PAGE 7 to tell him first floor allowed by this issue. 37 feet. that the proposed garage is greater than 100� of the area of the single family dwelling unit which is not the Zoning Code. It is a simple matter to resolve The petitioner just needs to shorten his garage to Ms. McPherson stated the petitioner would like to utilize the existing garage floor of the original garage for the new garage. This will encroach into the setback and reduce it from 25 feet to 15 feet. The purpose of the setback requirement is to allow a car to be parked in front of the garage without encroaching into the City boulevard, thereby taking up potential snow storage space or other uses for the boulevard. Ms. McPherson stated the petitioner has two alternatives for the location of the garage. He could move the garage to comply with the Code requirement. If the petitioner wishes to preserve the patio space in the rear yard, he could shift the garage to the south up to within 5 feet of the rear property line as allowed by Code and shift the garage to the west. This would preclude the petitioner from utilizing the existing garage floor. Ms. McPherson stated staff recommends the Appeals Commission recommend denial of the variance request as the petitioner does have two alternatives to meet the Code. However, if the Appeals Commission recommends approval of the variance request, staff is recommending the following two stipulations: 1. 2. A hard surface driveway shall be provided by September 1, 1991. There shall be no repair of automobiles, other than the petitioner's, on site. Mr. Robert Carlson stated he is in agreement with staff to reduce the garage to 37 feet in order to comply with the Zoning Code regarding the floor area of the garage. Mr. Vernon Godeen, 375 - 76th Avenue N.E., stated he is direct�y behind Mr. Carlson. He stated he is in favor of the variance request. His garage is at the same setback as Mr. Carlson's garage facing 5th Street. He does not want the garage in the rear yard just 5 feet from the property line. Dr. Vos stated he did not see much of a hardship when there seems to be two viable alternatives. Mr: Robert Carlson stated he did not want to put his garage west and south to within 5 feet from the rear property line. In the future he would like to extend the house to adjoin the garage. The garage in that location would wreck the backyard, and his neighbor is opposed to that location also. He also wants to 6T �ppg,Al� CO�II�ISSION ME�'ING JIILY 24 � 990 PAGE 8 utilize the dmel setbacka as other garages in the�neiqhborhood,wand be at the s it will look better this way. Dr• ived inetheb�asttregardi gpthe C6 ieetofrvehiclesarfrom the rece P property not on a hard surface. Mr. Carlson stated he is not selling cars on his property, and he 'will not be doing any repair of automobiles on the property, other than his own. O�I TION by Mr. Johnson, seconded by Dr. Vos, to close the public hearing. IIPON A VOICE VOTSr ALI+ VOTING AYE, CAAIRPER'SON SAVAGE DECLARED THE MOTION CARRIED AND THE P[TBLIC HEARING CIASED AT 8:39 P.M. Dr. Vos stated that since the existing garage is nonconformeven technically the petitioner is enlarging the existing gara9e► though he is tearing the old one down and building a new cne using the existing slab. This is also a corner lot, and corner lots are difficult to deal with. He stated he would be in favor of granting the variance for the following reasons: 1. The hardship is because of the change in the setback requirement since the house was built; 2. The petitioner already has a nonconforming garage, and he wishes to use the existing garage slab. Dr. Vos stated he did not see any advantage to the neighborhood or to the neighbor to the south to move the garage within 5 feet from the rear property line. It did not seem like the spirit of the code to do that. Ms. Savage and Mr. Johnson stated they agreed with the statements made by Dr. Vos. OTI N by Dr. Vos, seconded by Mr. Johnson, to recommend tRobert Council approval of variance request, VAR #90-14. by of the Carlson, pursuant to Section 205.07.03.D.(2).(�)•((3)) Fridley City Code to reduce the side yard setback on a side street from 25 feet to 15 feet to allow the construction of a qarage on Lot 1, Block 2, osborne Manor, the same being 350 Osborne Road N.E., with the following stipulations: � 1. A hard surface driveway shall be provided by September 1, 1991. 2. There shall be no repair of automobiles, other than the petitioner's, on site. 6U �iPPEALS COMMISSION I�EETING JIILY 24 1990 PAGE 9 IIPON A VOICE VOTE, �I.�T� VOTING 1�iYE, CHAIRPERSON SAVAGB DSCLARED TSE I+IOTION CARRIED �itANII+iOIISLY. Ms. McPherson stated this item goes to City Council on August 13, 1990. 3. CONSIDERATIDN OF VAR1ANCr: tt�: u�sr ve�c v- � = y�L•• BRANCO: Pursuant to Sectio 205.07.04.D.(1) of the Fridley City Code to reduce the fro t yard setback from 35 feet to 19 feet to allow the plac ent of a garage in the front yard, on Lot 3, Block 2, S er Addition, the same being 5720 Polk Street N.E. �IOTION by Mr. Johnson, seconded by\Dr. Vos, to open the public hearing. IIPON A VOICE VOTE, �LL VOTING AYE, ERSON SAVAGE DECI,ARED THE MOTION CARRIED AND THE PUBLIC NG'OPEN AT 8:43 P.Iri. Ms. Dacy stated the property is locat d west of and adjacent to Polk Street. It is 2oned� R-1, Single Family Dwelling. To the north and east of the site are existin single family homes. To the south is R-3, Multiple Family Dwel ing, zoning, and to the west is C-1, Local Business, zoning. Ms. Dacy stated the existing structure h s been on the property for a nwaber of years. In the early 960's when the Sexter Addition plat was approved, the City ac ired right-of-way for Polk Street such that it rendered the existing home nonconforming. The distance from the fro of the home is, at minimum, 5 feet from the property line. he farthest distance from the front of the home is 7 feet. Anot er unique feature to this lot is the large tree at the south sid of the home. The petitioner is proposing to locate the garage that was moved onto the property on a foundation so that it would e 19 feet from the property line. There is already an existing urb cut from Polk Street to the property. Ms. Dacy stated the petitioner is very concerne the garage onto any other part of the property damage to the existing maple tree. There is link fence line on the property, and that removed even with the proposed location for the about the moving n order to avoid �existing chain ild have to be a�taae . Ms. Dacy stated that staff is required to po nt out other alternatives that meet the intent of the Code. The proposed garage could be located behind the 35 foot front ya setback and could be moved in order to avoid the maple tree bra ches so that it would also conform with the side yard setback. Again, the petitioner wants to take advantage of the existing rb cut and the small driveway area to the proposed garage. 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OL / ,� � t l�j • C!"�� �'� �B � �. j �� ' �wr r _ r � ' L4CATION MAP V VAR �E90-14 Robert Carlson � ' - -- f � 33 � OsB a�.✓6 / I _• . - t - ----- � � �70% � v ../S .Z -- — - -- '-- ---- -.--- - i . ,- _,.� , � . - _ --- - - - - -- -- -- -- -- --1 --- ------ -- �- -- =------1- _ -- - - - - . --: - --- - - - ___ - -_ - ----- --- - -- - ---- --- � -- -- - --- - - --- -- -- --- -�- - -- - - a _ - - - -- - - �r --- ---- ----- - -- - --- - - - - �� ; r� _ - _-- - -- --------- - � . . _ - - --- - ---- � 25' Setback � i= _ _ _ ____ I_____ __ _ _ , �, -- _ ___ _ - -- - 1 - _ � __ ��� �� '-� ' 3z' ----- - � //,t , ,. - - - _- - - � - - ' - - - - _ __ i -- - . �`$ - - t -- - -' � - Old Garage � � - / , � �' New Garage � ' � - - - - � 1 , . _ _ _ _ _ _--- - - _ --- - � _ . -- -- _- - - ----- - _ --- � ; �. � � - -- --- _ _ _--- -- - -- _ _ _ Alternate Location _ " � _ _ - -- --- - - - --- � ---- - - _ 1 - - - -- ---- - _ _ _ _ i -- ___ _ __ ----T- , , - I l ��' �. � � ,+ SITE PLAN � � cinroF F��� DATE: TO: CDl�/IMUNITY DEVELOPMENT DEPARTMENT M EMO RAN D UM August 8, 1990 � (�- 1` William Burns, City Manager,��� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant BIIBJECT: Variance Request, VAR #90-15, by Robert Franzen Attached is the staff report for the vasiance request by Robert Franzen. The Appeals Commission voted 2-1 to recommend approval of the request to the City Council with the following stipulations: 1. A hard surface driveway shall be provided by November 1, 1990. 2. The 8 ft. x 16 ft. storage shed and all construction debris shall be removed from the site by November 1, 1990, or 30 days after the final inspection, whichever comes first. Staff recommends that the City Council approve only the variance to increase the lot coverage from 25� to 25.7�. This will bring the property into conformance with the Zoning Code. Denial of the remaining two variances will not create an undue hardship for the petitioner. The petitioner has reasonable use of the property if the variances are denied. 1rII�'t :1 s M-90-519 6Y � sz � STAFF REPORT APPEALS DATE July 24, 1990 ' CITY OF PLMNNG CONN�ISSION DATE F[� D�,� CITY COI�IqL DATE August 13, 1990 ��►� �� REC�UEST PERMlT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONNJG Ui71TES PARK DEDICATION ANALYSIS F�VANCIAL IMPLICATIONS ' CONFORMANCE TO COMPREt�NE PLAN COMPAT�ILITY WffH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMEf�ATION APPEALS RECOMMENDATION PLANNING COMMISSlON RECOMMENDATION v� #9o-Is Rabert Franzen Zb rechzoe the front yard setback frcm 35 ft. to 22 ft. and tA increase the allvwable lot cov�xage fran 25$ to 28.6� 590 Kimball Street N.E. 5,500 sq. ft. R-1, Single Fanily Dwelling F�-1, Single Family Dwelling t�o the N, E, S, and W Yes Yes Derii.al � .. . _ i � . . Staff Report VAR #90-15, 590 Kimball Street N.E. Page 2 A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.07.03.D.(1) requires a front yard depth of not less than 35 feet. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. Section 205.07.03.0 requires that not more than 25� of the area of a lot shall be covered by the main building and all accessory buildings. Public purpose served by this requirement is to eliminate the condition of overcrowding in residential areas. B. STATED HARDSHIP: "On August 25, 1989, I proposed an addition on the front of my house at 590 Kimball Street N.E. applying for VAR #89-21. Going through all the legal steps the City of Fridley requested. In compliance with the stipulations, the City Appeals Commission and City Council granted permission to go ahead with my� plans on October 2, 1989. On April 6, 1990, all building permits were picked up and paid for with the sole intent of proceeding without interruption. On July 11, 1990, I was informed by the City of Fridley to stop proceeding with work on my property. I then was informed of some of the errors detected. I would like to explain that the improvements planned for my property were based on the whole aspect of a front room addition. The financial costs cannot be forgotten. Many of the building materials, cabinets, windows, and doors, and concrete have been paid for. I regret any errors that have been made either on my part or the employees of the City of Fridley, but any stoppage of the proposed plans now wiZl hinder the physical improvements promised to the neighborhood." - - Staff Report VAR #90-15, 590 Kimball Street N.E. Page 3 C. ADMINISTRATIVE STAFF REVIEW: Request The petitioner, Robert Franzen, is requesting that a variance be granted to increase the allowable lot coverage from 25� to 28� and to reduce the required front yard setback from 35 feet to 22 feet on Lots 37 and 38, Block E, Riverview Heights Addition, the same being 590 Kimball Street N.E. The petitioner applied for a similar front yard variance in 1989 which was approved by the City Council (see attached staff report from the original variance). Site A single family dwelling are located on the lot. by the petitioner. Analysis unit and a 22 ft. by 24 ft. garage The garage was recently constructed The Appeals Commission will need to evaluate two variances: the increased lot coverage and the front yard setback. The increased lot coverage will be analyzed first. Without increasing the lot coverage, the front yard setback cannot be approved. The original variance request by the petitioner proposed a 7 ft. by 27 ft. living room and porch addition which encroached into the front yard and reduced the front yard setback from 35 feet to 29 feet. When applying for the original permit, the petitioner indicated that the lot depth was 116 feet and that the setback from the property line was 29 feet instead of the 22 feet as now indicated by the petitioner. Failing to verify Mr. Franzen's measurements, staff proceeded to calculate the lot coverage for a 5,800 sq. ft. lot instead of the actual lot size of 5,500 sq. ft. With the existing house and the new garage, the lot coverage totals 1,418 sq. ft. which is over the 25� minimum of 1,375 sq. ft. allowed by code. When originally proposed, the variance request included a proposed garage of 18 ft. by 24 ft. which the petitioner applied for August 28, 1989. On April 5, 1990, the petitioner applied for a second building permit which added an additional 4 ft. by 24 ft. to the original garage building permit. In addition, the petitioner then applied for and received a scc Staff Report VAR #90-15, 590 Kimball Street N.E. Page 4 permit for an addition to the house of 8 ft. by 20 ft. The proposed addition to the house and garage increases the square footage of building area to 1,578 sq. ft. which increases the lot coverage to 28.6�. By increasing the original garage by approximately 96 sq. ft. , the petitioner increased the lot coverage over that which is allowed by code. Had the petitioner not increased the size of the garage, the new garage plus the existing house would have met the minimum lot coverage requirement of 25� (1,312 sq. ft. ). Adding the 160 sq. ft. addition to the front of the house would increase the lot coverage on a lot that currently does not conform to the minimum standards set forth in the zoning code. The minimum lot area for lots platted prior to 1955 is 7,500 sq. ft. The petitioner's lot area is only 5,500 sq. ft. When originally proposed, staff discussed several alternatives the petitioner could explore to meet the code for the addition to the house other than the front yard (see attached staff report from original variance). The petitioner still has reasonable use of the property if the front yard variance is denied. The variance that was granted in 1989 to reduce the front yard setback from 35 feet to 29 feet brings the property into compliance with the zoning code, as the existing house is only 30 feet from the front property lines. Recommendation Staff recommends that the variance for the increase in lot area be granted only for the garage that was constructed. It is necessary to grant a minor �increase for the newly constructed garage in order to bring the property into compliance with the zoning code. As the property does not meet the minimum lot area, increasing the lot coverage has a more significant impact than on a "normal" lot that meets code. The petitioner still has reasonable use of the property without the increased lot coverage and the reduced front yard setback. Therefore, staff recommends denial of both variances. Apneals Commission Action The Appeals Commission voted 2-1 to recommend approval of the reqvest to the City Council. The Appeals Commission also voted to recommend the following stipulations to the City Council: . � � Staff Report VAR #90-15, 590 Kimball Street N.E. Page 5 1. A hard surface driveway shall be provided by November l, 1990. 2. The 8 ft. x Z6 ft. storage shed and all construction debris shall be removed from the site by November 1, 1940, or 30 days after the final inspection, whichever is first. City Council Recommendation Staff recommends that the City Council approve the slight variance to increase the lot coverage from 25� to 25.7�. This will bring the property into conformance with the Zoning Code. Staff recommends that the City Council deny the variance requests as presented. The petitioner still has reasonable use of the property if the variances are denied. 6EE CITY OF FRIDLEY �ppFAT S GO1�II�iISSION I+�EETING, JIILY 24, 1990 �rr.�r.����r�+w.rwrw.rr����+rr�.rww�r�.+�.���r��ru.w��.w�rrru.w,�w,�rrwwr�rwnw.�rr...r CALL TO ORDER• Chairperson Savage called the July 24, 1990, Appeals Commission meeting to order at 7:35 p.m. i20LL CALL: Members Present: Members Absent: Diane Savage, Ken Vos, Cliff Johnson Larry Ruechle, Cathy Smith Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Robert Franzen, 590 Kimball Street N.E. Robert Carlson, 350 Osborne Road N.E. Eileen Branco, 5720 Polk Street N.E. Nancy J. Jorgenson, Councilmember (See attached list) APPROVAL OF JULY 10 1990 APPEALS COMMISSION MINUTES: OM TION by Mr. Johnson, seconded by Dr. Vos, to approve the July 10, 1990, Appeals Commission minutes as written. UPON A VOICE VOTE, AI+L VOTING AYE, CHAIRPERSON SAVAGE DECLARED Ti� MOTION CARRIED IINANIMOIISLY. l. CONSIDERATION OF VARIANCE REOUEST VAR #90-15 BY ROBERT FRANZEN: Pursuant to Section 205.07.03.D.(1) of the Fridley City Code, to reduce the front yard setback from 35 feet to 23 feet; and pursuant to Section 205.07.03.C. of the Fridley City Code, to increase the lot coverage from 25� to 27�, to allow the construction of an addition to the front of the existing home and to acknowledge the coverage of the existing garage on Lots 37 and 38, Block E, Riverview Heights, the same being 590 Kimball Street N.E. OM TION by Dr. Vos, seconded by Mr. Johnson, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED Ti�: MOTION CARRIED IINANIMOIISLY AND THE PUBLIC �'ARTNG OPEN AT 7:37 P.M. sFF �.PP COMMISSION lSEETING � 24 1990 PAGE 2 Ms. Dacy stated this property is located south of and adjacent to Rimball Street. The property is zoned R-1, Single Family Dwelling, and is surrounded on all sides by R-1 $oning. At the September 19, 1989, meeting, the Appeals Commission heard and recommended approvaZ for a front yard variance to permit the construction of an addition to the front of the home. That front yard variance (from 35 feet to 29 feet) was approved by the City Council on October 2, 1989. However, during the building permit process, staff discovered an error in the site plan dimension in the lot depth which necessitates the petitioner to reapply for the front yard variance. On the 1989 site plan, a lot depth of 116 feet was indicated; however, that dimension was in error. The platted lots in this area are only 110 feet, not 116 feet. Ms. Dacy stated that although the petitioner submitted this drawing in 1989 indicating these dimensions, he indicated to staff he had received these lot dimensions from the City offices. Unfortunately, these errors were not caught during the staff review process or the public hearing process. Ms. Dacy stated that another complication is that in 1989, the petitioner had indicated the constri�ction of an 18 ft. x 24 ft. garage. A building permit was issued for that qarage, because, by right, he had met all the setbacks and the other requirements of the R-1 zone. After the initial permit for the 18 ft. x 24 ft. garage was issued, the petitioner requested another building permit to widen the garage to 22 ft. x 24 ft. Unfortunately, the increased size of the garage, in addition to the reduced dimension of the lot depth, caused an infraction of the maximum 2ot coverage percentage. The Zoning Code states that no more than 25$ of the lot area can be covered by principal and accessory structures. Therefore, with the 528 sq. ft. garage and the existing 890 sq. ft. house, that resulted in a total lot coverage of 1,418 sq. ft., or 25.7�. If the petitioner had not increased the size of the garage, the new garage plus the existing house would have met the minimum lot coverage requirement of 25� (1,312 sq. ft.). Ms. Dacy stated the petitioner is now requesting approval of the front yard variance to construct the addition onto the front of the existing house as approved in 1989. Now the front yard setback request has to be reheard because the dimensions have changed, and the new issue of the lot coverage maximum is also involved. Ms. Dacy stated staff has to recommend denial of the lot coverage variance. Obviously, staff cannot recommend approval of a furtber encroachment into the requirements of the Zoning Code. Because the garage is near completion, staff is recommending that the Appeals Commission grant a variance for the increase in lot coverage to 25.7� only for the garage and the existing house. This will bring the property into compliance with the Zoning sGG A,..PPFAIS COMMISSZON MEETING JIILY 24 1990 PAGE 3 Code. To permit the addition onto the front of the house would be contrary to the spirit and intent of the Code. Ms. Dacy stated that if the Appeals Commission zecommends approval of the lot coverage variance request to allow the addition to the front of the house, the second request that needs to be considered is the front yard setback request from 35 feet to 23 feet. Ms. Savage asked if there were any alternatives for an addition onto the existing house. Ms. Dacy stated that as part of the original request, staff had suggested at least three alternatives the petitioner could explore to meet the code for the house other than the front yard. At the September 19, 1989, meetinq, the petitioner had cited various reasons why those alternatives were not feasible. Mr. Robert Franzen, 590 Kimball Street N.E., stated that none of the dimensions for his proposed improvements have changed since the variances were approved in 1989. When he applied for a building permit for a larger garage on March 5, 1990, there appeared to be no problems. Since that time he has built the garage and the retaining wall, and then when these discrepancies in lot dimensions were discovered, all his plans have been put on hold for two weeks. Because his plans have been put on hold, he has lost a lot of money. He has building materials ordered for the addition. Errors have been made by City staff and himself; but at this point, there are no other alternatives and he wants to proceed with the addition to the front of his house. Ms. Savage stated that in visiting the site, the other houses along that block appear to conform to.the 35 foot front yard setback. With the proposed addition to the front of the house, Mr. Franzen's house would stick out. Mr. John Kuusisto, 585 Janesville Street N.E., stated he lives directly behind Mr. Franzen. When the front yard variance was approved last year, he had questioned the lot coverage and was assured there was no problem. He stated that there has been a lot of debris during the construction of the petitioner's garage. The garage is not yet completed. There is an erosion problem created by the landscaping that has been done, and the landscaping is shoddy, not quality work. He can understand the improvement to the neighborhood, but the construction materials used by Mr. Franzen are used and not of good quality. One window is.rotting on the bottom. He had taken pictures of Mr. Franzen's property to show the shoddy workmanship. He stated he objected to the granting of the variances. He does not feel the proposed construction fits in with the neighborhood. sHH �ppEALS COMIrIISSION I�[EETING JIILY 24 1990 PAGE 4 Mr. Franzen stated he is not done with the garage. His work has been put on hold since July 11, 1990. One of the stipulations put on by the Appeals Commission and City Council was a hard surface driveway, and that will be put in before winter. When he puts in the driveway, he will pour the concrete floor. Also, he miscalculated and ran out of building materials, but those are on order. As far as the landscaping, he has not altered the landscaping. His lot slopes down to Mr. Kuusisto's yard and the water drains that way. He can do nothing about that. As far as the workmanship, Darrel Clark, the Building Inspectar, has had no problem with the worlaaanship. Mr. Jerry LaPlante, 604 Lafayette Street N.E., stated Mr. Franzen is a very friendly and quiet person and has been a nice neighbor. He is trying to improve his property. He did not think any one person should have the right to put a time limit or dictate someone else's construction plans. Not all the errors are Mr. Franzen's fault. Some of the errors were made by the City. He would urge the Commission to qrant the variances. Mr. Jim Brown, with what Mr. approved. 560 Kimball Street N.E., stated he has no problem Franzen is doinq. The variances should be Ms. Janet Martin, 580 Kimball Street N.E., stated they live next door to Mr. Franzen, and they have no problems with the construction or the proposed addition. In the future, they would like to add onto the front of their house, too. These are very small houses with small living rooms, and in order to enlarge the living room, they have to add onto the front of the house, Regarding Mr. Kuusisto's concern about erosion, all cf the drainage from the lots on Kimball Street run down to the Janesville Iots. Mr. Duane Montoya, 8270 Broad Avenue N.E., stated he lives on the west side of Mr. Franzen. He stated he is a professional carpenter working in residential home building in the State of Minnesota for several years. He has been helping Mr. Franzen with the constructian of the garage, and the worl�►anship is professional. He stated the standard grade of lumber used by Mr. Franzen is up to qrade. As far as the erosion problem, Mr. Franzen has no control over that. He believed Mr. Franzen should be granted the variances. Ms. Kay Olson, 612 Lafayette Street N.E., stated they live across the street from Mr. Franzen. They feel Mr. Franzen is doing the best he can in this situation. They do not have any problem with Mr. Franzen's construction plans. It appears that errors were made on both sides, and he should be granted the variances. She also understood the drainage problems. si� tippEAIS COZQ'IISSION I+�ETING JIILY 24 1990 PAGE 5 Mr. Phillip Rramme, 572 Rimball Street N.E., stated he lives two houses to the east of Mr. Franzen. He would like to echo what the other neighbors have said. None of the neighbors except one have any problems with Mr. Franzen's construction plans. Ms. Savage stated that the Appeals Commission cannot deal with the issues of erosion and shoddy wor3ananship. Perhaps those concerns can be brought up at the City Council meeting. The Commission must deal strictly with the variance requests and not •how the neiqhbors like or do not like the construction. OM TION by Dr. Vos, seconded by Mr. Johnson, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECI,ARED THE MOTION CARRIED AND TSE PIIBLIC HEARING CIASED AT 8:02 P.M. Dr. Vos stated that at the September 19, 1989, Appeals Commission meeting, of the four members present, three voted in favor of the front yard variance and one voted against the front yard variance. At that meeting, he had expressed concern about the amount of square footage on the lot and that the petitioner's proposal with the addition and the double car garage was really fi2ling up the lot. Because he did not see a hardship, he had voted against the variance. Ms. Savage stated that, whether right or wrong, she had voted in favor of the variance at the September meeting. It is not entirely the petitioner's fault that errors were made in lot dimensions. In all fairness, in order to remain consistent with her decision, she would vote in favor of the front yard variance and lot coverage variance. Ms. Savage stated that in adding to the .front of the house, Mr. Franzen's house will come forward more than it should be. It bothered her that another neighbor is saying they agree to the addition, because they would like to get a similar variance and add on to the front of their house. She stated that is not the way the system works, and there needs to be a proven hardship before a variance is qranted. She stated a lot of the houses on Kimball Street can certainly use improvement. She is glad to see a homeowner making improvements; but she is also concerned about the nonconformity of the front addition to the other houses. Mr. Johnson stated the petitioner is really not to blame for the situation he is in right now. If the proposed construction had been designed properly with the right facts and dimensions, he would not be in this situation. Based on what the Commission did last year in approving the variance, he would aqree with Ms. Savage that they have to vote for approval of this variance. 6JJ 1�iPpEAIS COMMISSION HEETING J'IILY 24 1990 PAGE 6 Ms. Dacy stated that if the Commission is going to consider recommending approval of the variances, there are the issues of the hard surface driveway and the removal of aIl construction debris and the 8 ft. x 16 ft. shed on the property. O�,TION by Mr. Johnson, seconded by Ms. Savage, to recommend to City Council approval of variance request, VAR #90-15, by Robert Franzen, pursuant to Section 205.07.03..D.(1)� of the Fridley City Code, to reduce the front yard setback from 35 feet to 23 feet; and pursuant to Section 205.07.03.C. of the Fridley City Code, to increase the lot coverage from 25� to 27�, to allow the construction of an addition to the front of the existing home and to acknowledge the coverage of the existing garage on Lots 37 and 38, Block E, Riverview Heights, the same being 590 Kimball Street N.E., with the following stipulations: 1. 2. The hard surface driveway must be completed by November 1, 1990. _ The storage shed must be removed by November 1, 1990, or 30 days after the final inspection on the addition to the front of the house. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAYAGE DECLARED Ti� MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated this item will go to the City Council on August 13, 1990. \ 2. ONSIDERATION OF V ANCE RE U�;S'1' vt�t�c yu- z VD�1[1 CARLSON: Pursuant t Section 205.07.03.D.(2).(c).((3)) of the Fridley City Code to reduce the side yard setback on a side street from 25 feet to 15 feet to allow the construction of a gara on Lot 1, Block 2, Osborne Manor, the same being 350 Osbor e Road N.E. OM TION by Mr. Johr►son, hearing. IIPON A VOYCE VOTE, lILL VOTING Ti�: MOTION CARRIED iTNANIMOIISLY 8:22. by Dr. Vos, to open the public , CHAIRPERSON SAVAGE DECLARED ) TSE pQBLIC HEARING OPEN AT Ms. McPherson stated this property 's located at the intersection of 5th Street and Osborne Road in e general vicinity of Unity Hospital. The property is zoned R-1 Single Family Dwelling, as are adjacent parcels to the east, so th, and west. The property to the north is C-2, General Shopping. Ms. McPherson stated the petitioner is roposing to remove the 16 ft. x 22 ft. garage currently on the si e and to construct a new 26 ft. x 38 ft. garage. She stated she ad contacted Mr. Carlson :: . � _ � CITY OF FR(DLEY 6KK FRIDLEI' MUNICIP;�L CENTE:R • t,-131 UNIVERSITY AVE. N.E. FRIDLIiY. MN 5i-3;? •�(,12) 571-i45O • F.AX 1(,I'1 571-I'ti7 July 11, 1990 Mr. Robert Franzen 590 K�mball Sts�e�t N.E. FYidley, NA1 55432 Re; Iot p�e� Stora� Styed, ar�d F�Yt Yazd Setback at 590 Kunball Street N.E. Dear Mr. �anzen: � Z2�e City was raqu�est�ed to inwestigate the reported plaoem�xtt of a storage shed ar�d the aQnamt of lot ooverac�e ycu have cn y�' lort. Az July 10, 1990 we oaxhx.�ted a field investigatia'i arri fo�d that Ycu have moved in an 8' x 16' storage shed withwt the required pennit arid upori vc�letion of makirg sane field have d�eternuned that with yair haase ar�d alm�st c�leted garage, yau are alra�dy at the maximan lot ooverdge of 25 pervent. Ztierefore, you ma.,st �mve the storage shed within 30 days ar�d the City mLSt order yvu r�ot to van�iyoe the additioaz to the frorit of yrur Yrn�e. 'D'e fnx�t yard variaryoe ydu obtair�ed �ras for a rrew setback of 29 feet. Our reo�xYt field measura�nt irriicated that y�o�� existing house is app�tely 30 feet fran t2�e fnxYt property lii�e. 'IY�re are errors in the plot plan yau suL�tnitted with your vari�azr�e application; the fmYt yan3 given was 36 feet, ar�d the lcyt deptiz of 116 fee�t is ir�oo�z�ec,�t. If ydu tatal the re�'tr yaYd, the haLSe depth, ar�d the fzrotYt Yard, the total wwld have to be 113 feet. � disare�ancies cause the p�oblen of irr�rrec.�t froaYt yani setback ar�d e�ooessiv�e lat ooverage. Your cx�op�xatioaz in resolvir�g ti�ese matters wi11 be appreciated ar�d if you have ariy questirns, please call tuyse,lf or Barbara Dacy at 571-3450. Sitx�erely, � � ;� � � / � � � �t OAFff�EL G. CCARK Chief Buildir�g Official DGC/mh OC: Ms. Barb3ra Dacy 0 � � �, t l �3 1 VAR 4� 89-21 :obert Franzen 6Lt u ZONfNG MAP � t �� VAR 4�89-21 Robert Franzen �. . . � � 1 � e�\QJ�Nv . Ni► fOIN[A i�. ',1 .. � t . � _ S[C S ":•: � � . rs�r _ _ ,�._r.1•.�',-"�^•`--.--��"' ---�-"7� 'i _— _..__—� ��ss--' — � ' � ... . „ \ y . • ,'`, REVISED AUDITORS 3 v �O �. � O I `� 3 ".� 4 ,= J� I Q - `\ �- :0 � �`�, � .. .. � .r.., � � „ . - �\ �. ."4.Ii •M/ / \ • � • � �I)I �i '�= ° i / � f I � 3 0\ , . . �� ' • a; ir • .. . _; _ �... ` ' - �.a a 'w� 7' i � � 3 p \ � - 3 ��� •y S „ y. _ ' io � � � `t ¢ ; s �: � ' '; O ' f ' ��y � � � i ` �7, w. Z ,-.,. " - . e `.w� ~AVE. .. � s\ • i � • � e '' „ . „w �, j n, '\ r,..' 'gqtN � o ►:r ir�� � ��) � � � • • � Y � . � .. ;, ,, , . + Cj = : � y �o) �i; ..lAf� 4 ~ �. �4 r �, . � , ��y � � \ �: 1(0 ' � r � ,` � �� � � ^ _,,� � SUB. N0. 103 � : . . ~ � ���. ,� y� � � � 3 �9 . � � �� ,, ! _ . , �1 _ f � �� �t � r ��\ � . N N y, � y 6, r� .1 �fl ,. 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CONSIDERATION OF A VARIANCE VAR #89-21 TO REDUCE THE �RONT YARD SETBACK FROM 35 FEET TO 29 FEET: TO REDUCE �HE SIDE YARD SETBACK FROM A LIVING AREA FROM 10 FEET TO 7 FEET 10 INCHES, TO ALLOW THE CONSTRUCTION OF �DDITIONAL LIVING SPACE ON LATS 37 AND 38, BLOCK E, �IVERVIEW HEIGHTS THE SAME BEING 590 KIMBALL STREET N.E., BY ROBERT FRANZEN: Ms. Dacy, Planning Coordinator, stated this is a request for two variances, one to reduce the front yard setback from 35 to 29 feet and the other to reduce the side yard setback from 10 feet to 7 feet 10 inches to permit an addition onto the front of an existing home. She stated staff has recommended denial of the variances as other options have been identified for this addition. Ms. Dacy stated the Appeals Commission, on a 3 to 1 vote, recommended approval of the front yard variance request, and by a unanimous vote approved the side yard variance. She stated there were homeowners in the area who objected to the variance. Ms. Dacy stated the encroachment into the side yard is a�ready existing. MOTION by Councilman Fitzpatrick to grant that portion of the Variance, VAR #89-21, to reduce the side yard setback from a living area from 10 feet to 7 feet 10 inches. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Fitzpatrick stated the problem is the home is small and the variance is requested to add onto the living room area in order to relieve overcrowding. He stated with this proposed addition, the encroachment would be six feet into the front yard setback. MOTION by Councilman Fitzpatrick to grant that portion of the Variance, VAR �89-21, to reduce the front yard setback from 35 feet to 29 feet. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. A. PHZLLIPS• 0 Ms. Dacy, Planning Coo ' ator, stated this is a request for a variance to reduce side yard setback on a corner lot from 17.5 feet to ll.l fe to allow the construction of an addition. She stated the eals Commission noted the intent of the 17.5 foot setba as to provide visual clearance and this variance would not � +CITY flF �RIDLEY ]1PPEALB COMMI88ION lLBETINQ�� SEPTBMBER 19� 1989 ---------------------------�------------------------------------- CALL TO ORDER• Chairperson Sarna called the eptember 19, 1989, Appeals Commission meeting to order at 7:40 p.m. �tOLL CALL • Members Present: Alex Sarna Diane Savage, Kenneth Vos, Larry Kuec le Members Absent: Jerry She Others Present: Barbara Dac , Planninq Coordinator Michele McPh rson, Planning Assistant Virgil Herri k, City Attorney Councilmembe Nancy Jorgenson Councilmembe Dennis Schneider Robert Franze , 590 Kimball Street N.E. John Kuuisist , 585 Janesville Street N.E. Vera Phillips, 6370 Van Buren Street N.E. Jim Frye, cor�t actor for Vera Phillips O. B. Zachmann 7100 Riverwood Drive N.E. LeRoy Schreifel , 7102 Riverwood Drive N.E. Larry Besser, 7 04 Riverwood Drive N.E. Connie Lutton, onoco, Inc. Father John Mag am, Orthodox Church of the Resurrection f Christ Cherle Pedersen, 1030 Hathaway Lane Mr. and Mrs. Jim agaason, 1191 Hathaway Lane Joe Sallese, 1181 Hathaway Lane Alice Abel, 1050 athaway Lane MOTION by Mr. Kuechle, seconded by September 5, 1989, Appeals Commission DPON A VOICE VOTE, l�LL VOTIN�i fiYE, 1�tOTZON CARRIED IINANIMODBLY. �PPROVAL OF AGENDA: . Savage, to approve the �nutes as written. OM TION by Ms. Savage, seconded by Mr. R� variance request, VAR #89-17, by o Resurrection of Christ to the end of the Bl�RNA DECLIRRED T8E e, to move the first iox Church of the . . sss PPEALS COI,B�'IZ88ION IdEETING, BEPTEKBER 19 . 1989 -_ P!►GE IIPON 71 VOZCE VOTE, ALL VOTZliG 11YE, CHA=�tPBRBCN nlIRNl1 DECLARED TSE ltOTION CARRZED IINANIMOUBLY. 'l. CONSIDERATION OF A VARIANCE RE4UEST 9AR �89�21 8Y ROBERT FRANZEN: 1. Pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the front yard setback from 35 feet to 29 feet; 2. Pursuant to Section 205.07.03.D.(2)•(a) of the Fridley City Code to reduce the side yard setback from a living area from 10 feet to 7 feet 10 inches, To allow the construction of additional living space on Lots 37 and 38, Block E, Riverview Heights, the same being 590 Kimball Street N.E. OT ON by Ms. Savage, seconded by Dr. i�os, to open the public hearing. VPON A VOICE VOTE, ALL VOTING !►YE, CHAIRPER80N BARNA DECLARED THE PIIBLIC HEARING OPEN AT 7542 P•M• Ms. McPherson stated the property is 2oned R-1, Single Family Dwelling,� and is surrounded by R-1, Single Family Dwelling. The petitioner is requesting a variance in order to construct an addition that will encroach approximately 6 feet into the front yard. The second variance is to bring the existing house into conformance. Currently, part of the house encroaches approximately 3 feet into the side yard setback. Code requires a 10 foot side yard setback. Ms. McPherson stated Lots 37 and 38 combined total approximately 5,800 sq. ft. The City Code requires a minimum lot size of 9,000 sq. ft. Staff realizes that the house is quite small and that the petitioner wishes to construct additional living space; however, there are other alternatives that could accommodate the petitioner's need for more living space. Ms. McPherson stated the existing living rocm is to the front of the house, and there are two bedrooms to the rear of the house, plus a utility room and a furnace room. The qarage located on the site plan currently does not exist, so there is additional space to the rear of the lot off the utility room and bedrooms where the petitioner could build additional living space. Ms. McPherson stated another alternative would require that the garage be brought forward on the lot and be attached to the existing house. There is some question as to whether or not any kitchen windows would be affected by this second alternative. Bringing the garage forward would also decrease the width of the 6TT 7�PPEALB COMMISSION MEETING. SEPTEMBER 19. 1989 - PAG� � garage, but the petitioner has the option to build a garage longer than it is wide to accommodate any storaqe needs he might have. Ms. McPherson stated staff is recommending the Appeals Commission deny the variance for the front yard setback, on the basis that the petitioner does have two alternatives �ahich would allow him to construct additional living space. Staff does, however, recommend the Appeals Commission approve the second variance to bring the house into conformance with today's zoning code. Ms. McPherson stated if the Appeals Commission does choose to approve the variance request, staff is recommending one stipulation: (1) The petitioner shall fnstall a hard surface driveway by September l, 1990. Mr. Robert Franzen, 590 Kimball Street, stated by the time he builds a double car garage to the rear of the house, there will be very little space to construct living area to the rear. He stated his house is a slab on grade. If he attached the garage to the house with frost footings, if frost gets under the house, the house can buckle and cause a lot of problems with the roof . The cost would be very high and pretty unfeasible. By adding onto the front of the house, he will be at 29 ft. The front of the house has no insulation in the walls. It was built in 1950, and it does need some improvements. Right now, he has a building permit for a vestibule that he can encroach 5 feet into the front yard, and he is only asking for an additional 2 feet. Mr. Franzen stated he has a list of neighbors directly affected by the front yard setback who have signed a paper stating they do not object to his proposed construction plans or the variance. OM TION by Dr. Vos, seconded by Ms. Savage, to receive the statement from the neighbors who have no objection to Mr. Franzen's variance request. The statement was signed by George and Kay Olson, 612 Lafayette Street; Jerry LaPlante, 604 Lafayette Street; Pat Hamre, 601 Kimball Street; Marie Streich, 8295 Broad Avenue; and Sequendinc Martin, 580 Kimball Street. IIPON A VOICE VOTE, ALL VOTING l�YE, CHAIRPER80N BARNA DECLARED THE MOTION CARRIED IINANIMOUSLY. Ms. Savage asked Mr. Franzen to address in a little more detail the two alternatives being recommended by staff. Mr. Franzen stated by the time he puts in a garage, he will have little yard space in the rear. If the addition was constructed to the rear, he would have no yard space whatsoever.- Attaching the garage to the house is very costly, because his home is built on a slab, ar►d it could cause a lot of problems. Also, he has dining room and kitchen windows on that side, and those windows would have to be eliminated if the garage was attached. suu t►PPEALS COMMISSSON ltEETI1�lG. 8EPT8KBER 19. � 989 � pl�a� 4 Mr. John Kuusisto stated he lives directly behind Mr. Franzen at 585 Janesville Street N.E.. He stated there are two neiqhbors who are opposed to the variance and Mr. Franzen's construction. The lots in this area have smaller homes, and what l�c. Franzen is proposing is not going to look riqht aesthetically. The "newness" of the home is not qoing to fit in with the older homes. Mr. Franzen fs proposing a garage in the rear yard.. There is a setback in the back yard for a well for all the neiqhbors to use, and there are some problems with that right now. . �Mr. Franzen stated there is a real mixture of different sized and different priced homes in the neighborhood. He is updatinq the house with decorative brick and sidinq, and he cannot see how it would not fit into the neighborhood. The improvement is going to help the older homes in the area. Mr. Kuusisto stated the homes all have the same front yard setbacks, and he objected to a 6 ft. front yard variance. O�I TION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, ALL VOTZNG liYE� CHAIRPERSON BARNA DECI.ARED THE PIIBLIC HEARING CLOSED AT 8:Q0 P.M. Dr. Vos stated his biggest concern is the amount of square footage the petitioner has to work with. Zt seems this proposal with the addition and the double car garage is really filling up the lot. He stated he does not see any hardship and he would vote against the variance. Ms. Savage stated two neighbors feel very strongly about how the proposal would fit in with the homes ir► the neighborhood. At this time, she did not have enough information to support the variance request. � Mr. Kuechle stated he would certainly approve the side yard setback to bring the house into conformance with the Code. He felt the best place to add onto the house is to the front. As pointed out by the petitioner, attaching the garage to the house would be very difficult and would cause a lot of problems, plus the fact that he really only has 10 ft. for the width of the qarage. He was concerned that the front sight lines would be impacted; however, he was inclined to recommend approval. Mr. Barna stated he lives in this neighborhood. He ielt any improvement to these older homes helps improve the whole neighborhood. There are other homes in the area that have similar additions. As far as the extension into the front yard, there is a house at Kimball Street and East River Road 3 feet from the curb. Farther down on Kimball Street, there is a house 10 feet from the curb. There are several jogs in front yard setbacks throughout the � ! �pPEALB COMMISSION KEETII�IG, BEPTEMBER 19. 1989 - PAQE S whole Riverview Heights erea. He saw as a hardship the fact that it is a previously existing structure, the lack of square footage to work with, the improvement of the north wall, and the addition of insulation to the north wall. Iie stated he t�ould tecommend approval of the variance. svv Ms. Savage stated she appreciated the information qiven by Mr. Barna who lives in this area. After hearing Mr. Barna�s statements, she would be inclined to change her vote to recommend approval of the variance. 0 ION by Mr. Kuechle, seconded by Ms. Savage, to recommend to City Council approval of VAR �89-21 by Robert Franzen, pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the front yard setback from 35 feet to 29 feet, to allow the construction of additional living space on Lots 37 and 38, Block E, Riverview Heights, the same being �90 Kimball Street N.E., with the stipulation that: , 2. The petitioner shall install-a hard surface driveway by September l, 1990. IIPON A VOICE VOTE, BARNA, BAVAGE, liND 1CIIECHLE VOTING lIYE, VOS VOTING NAY, CHAIRPERSON BARNA DECLARED THE MOTZON CARRIED SY !1 VOTE OF 3-1. Ms. McPherson stated this item will go to the City Council on October 2, 1989. 2. CONSIDERATION OF A VARI CE x� ur:st• vtuc a�- �� • PHILLIPS: Pursuant to Se tion 205.07.03.D.(2).(c).(1) of the Fridley City Code to redu the side yard setback on a corner lot from 17.5 feet to 11.1 eet, to allow the construction of an addition on Lots 1 and 2 Block 5, Florence Park Addition, the same being 6370 Van Bur Street N.E. OM TION by Ms. Savage, seconded hearing. IIPON A VOICE VOTE, 1�ILL VOTING AYE, PIIBLIC BEARZNG OPEN AT 8t10 P.M. Dr. Vos, to open the public BARNA DECI,�IRED THE Ms. Dacy stated this property is locat d on the southwest corner of 64th Avenue and Van Buren Street N.E. The property is zoned R- 1, Single Family Dwelling, and is surrou ded on all sides by R-1, Single Family. - Ms. Dacy stated the home was constructed 1961. At that time, the City's ordinance regarding setbacks on orner lots for single family homes was that a home and garage coul be built 5 ft. from the street side yard. In this case, that woul be 64th Avenue. The � � cinroF FRIDLEY DATE: TO: CO�M/IUNITY DEVELOPMENT DEPARTMENT MEMORAN DUM August 7, 1990 ��William Burns, City Manager �� �• FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Extension of a Variance for Cortron Corporation Attached is a letter from Mr. Pitzon of Cortron Corporation requesting that the City Council extend the variance granted in August, 1989 to increase the lot coverage at 7855 Ranchers Road in order to expand Cortron's facility. Due to unanticipated business priorities and market fluctuations, Corton Corporation was unable to begin construction of the expansion prior to the one year expiration date. They are requesting that an extension be granted until December 31, 1991. Staff recommends that the City Council grant Cortron Corporation an extension of the variance granted in 1989. MM/dn M-90-549 7 tY July 26, 1990 Honorable Mayor Nee City Council City of Fridley 6431 University Avenue N:E. Fridley, MN 55432 Dear Sirs: In August of 1989 the Fridley City Council granted Cortron Corporation a variance to increase the lot coverage at 7855 Ranchers Road so that Cortron could expand it's facility. During the past year other business priorities which were not anticipated prior to requesting this variance, have made it necessary to postpone expansion. Factors impacting the postponement include; organization of our upper and middle management, such as, hiring overhead personnel, and also sales flattening to a level that good business dictates temporary spending cut backs. It is still our intent to move ahead with the expansion per the original variance, hopefulTy within the next year. As a result of the conditions stated above, we the owners and managers of Cortron Corporation respectfully request an extension to the previously approved variance to be effective through December 31, 1991. This would enable us to break ground before the winter of 1491, and complete the structure in early 1992. Thank you for your consideration. Sincerely, � � G.E. Pitz V.P. Engr./C.F.O./Owner GEP:dm �U� 2� �99aA CORTRON"CORPORATION/GRAPHICS ARTS DIVISfON, NATIONAL HEADQUARTERS 7855 RANCHERS RD., MINNEAPOUS, MINNESOTA 55432 612-572-1555 FAX 612-572-0364 � � UTYOF FRlDLEY C011MIIUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: August 9, 1990 �`�- TO: William Burns, City Manager ��, FROM: SUBJECT: Background Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Extension of Variance, VAR #87-32, by David Harris; 250 Commerce Circle South N.E. On September 14, 1987, the City Council approved a side yard setback variance request from 20 feet to 5 feet to allow the enclosure of an existing loading dock on Lot 7, Block 1, Paco Industrial Park, the same being 250 Commerce Circle South N.E. At that time, the petitioner was requesting the variance to enclose the loading dock at the request of a potential tenant. The potential tenant did not lease the space and therefore the enclosure was not constructed. Proposed Request The Tandy Corporation which now occupies one of the tenant spaces in the building has requested Mr. Harris to enclose the loading dock to protect their electronic equipment during inclement weather. Mr. Harris is requesting that the variance approval be extended to permit him to construct the loading dock rather than reapplying through the variance process. Analysis in reviewing the Appeals Conunission and the City Council minutes, it appears that the hardship that was cited and accepted by both the Appeals Commission and the City Council was that the City imposed the hardship because of road construction in the area. Although the code requires the reapplication of the variance request because the one year time frame has expired, it appears that there have been no changes in circumstances pertaining to this particular property or building which would lead staff to make any different findings regarding the variance request. �J � 1 David Harris VAR Extension August 9, 1990 Page 2 Recommendation Staff recommends the City CounciT approve the extension of the variance approval to September 14, 1991. Should the City Council decide that reapplication is necessary, we will forward the necessary applications to Mr. Harris. BD/dn M-90-557 August 1, 1990 City of Fridley 6431 University Ave. N.E. Fridley, MN. 55432 Attn. Barb Dacy, Planning Coordinator Dear Barb, Previously I had recieved approval to provide a covering for the dock area for my building at 250 Commerce Circle South. At that time I was dealing with a company that required this item in order to enter into a lease. These people chose to locate in another community. Since that time I have leased the space to Tandy Corporation as a service center. The amount of rain we have experienced this year has made it difficult for them to ship and recieve electronic components without sustaining some product loss. In order to make it possible for them to have the correct enviorment I am requesting that you extent this approval so that this improvement can be made. I wish to tharlgiou in advance for your consideration in this matter. If I can provide you with any additional information please contact me at your convenience. Sincerely � �it/-C-S� Dave Harris Parkview � `� . � : COUNCIL I�ETING OF SEPTEI�IDER 14. 1987 wall and to reduce the required side yard setback stng garage from 5 feet to �1.6 feet, subjeet n oP the drainage easement. Seconded by Couneil son. Upon a voice vote, all voting aye, ared the motion carried unanimously. B. CONSIDERATION OF A VARIANCE REQUEST, VAR �87-32, TO DECREASE THE REQUIRED SIDE YARD SETBCK FROM 20 FEET TO 5 FEET TO ALLUW THE ENCLa6URE OF AN EXISTING LOADII� DOCK, ON �.OT 7, BLOCK 1, PACO INDUSTRIAL PARK, THE SAME BEING 250 COI�RCE CIRCLE SOUTH N.E.� BY DAV ID HARRIS : Mr. Robertson, Community Development Director, stated the petitioner's hardship was that the original plat was approved with no road and the City decided to construct a road and needed 25 additional feet �hich ehanged the orientation of the lot. Mr. Robertson staied the petitioner felt the hardship was really created by the City. Mr. Robertson stated the Appeals Commission revieKed this request and recommended approval of the varianee with the stipulation the petitioner screen any outside refuse containers. MOTION by Councilman Goodspeed to concur With the recommendation of the Appeals Commission and grant varianee, VAR #87-32, With the stipulation that the petitioner screen any outside refuse eontainers. Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1�4. RESOLUTION NO 68 1987 AUTHORIZING FUNDS TO BE EXPENDED IN SUPPORT OF I�DIATION SERVICES FOR ANOKA COUNTY OUT OF THE 1988 CITY BUDGET: � Mr. Hunt, Assfstant to the City Manager, stated this year Council authorized funds from the emergency reserve for Mediation Se ces and this resolution is for the Council's eonsideration to auth ze funds to be expended in 4988. , Mr. Hunt stated most human service organiz at s are funded through Community Development Bloek Grants, ho�wever, order for Madiation Servicea to provide free service, it is difPicult f them to meet loW to moderate income guidelir�es to be eligible for th e Punds. He stated in order to qualif�► for CDBG funding, it must be n that 51x of the funds received are used Por law and moderate ineo families. Ms. Ann Wallerstedt, Executiv irector for Mediation Servioes, stated they are requesting assistance tiie rate of five eents per capita or �1,500 for 1988. She thanked the cil for their Pinancial assistanoe in 1987 Which provided Mediation S ices with the opportunity to grow. Ms. Wallerstedt felt the applicat of inediation in community affairs is a very innovative proce ss. Ms. Wall tedi submitted a letter to the Council requesting Pinancial assis oe Por the balanoe of this year. 3he stated they are faced Kith a flow shortage for the months of October, November and December and -20- �• �� �• APPEALS COIIMISSION MEETIP�G, SEPTEMBER 1, 1987 PAGE 7 �OTZO�N BY DR. VOS, SECONDED BY MR. SXEREK, TO APPROVE VARIANCE REQUEST, VAR1i 0 BY ISABELLE JORDAL, PURSUANT TO CHAPTER 205.07.03� D, 1, OF THE FRIDLEY ODE TO REDUCE THE FRONT YARD SETBACK FR01�1 35 FEET TO 25 FEET TO ALLQW THE UCTION OF A THREE-SEASON PORCH ON TDP OF THE EXISTING GARAGE ON LOT 2, BLO OORE LAKE HILLS ADDITION, TKE SAME BEING 6133 WOODY LANE N.E., FRIDLEY, M�i9`8�, 55432. UPON A VOICE VOTE, ALL VO TING AYE, CHAIRPERSON BETZOLD DLLLI�R��THE MOTION CARRIED UNANIMOUSLY. � 3. COt1SiDERAiI0P1 OF A VARIAt10E REQttEST, VAR #87-32, BY QAVID HARRIS RE UIREU SIDE YARD SETBACY. FROtA 20 FEET TO 5 FEET TO ALL04J THE Et�CLOSURE � E I S I G D , K, K, BI G OCt E I .., I , , MOTION BY MR. BARNA, SECONDED BY DR. VOS, TO OPEN TNE PUBLIC NEARIIVG. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC KEARING OPEN AT 8:18 P.M. Chairperson Betzold read the Administrative Staff Report: ADMIPJISTRATIVE STAFF REPORT 250 COMMERCE CIRCLE SOUTH . VAR #87-32 A. PUQLIC PURPOSE SERVED BY REQUIREME��T: Section 205.18.03, D, 2, requires a side yard setback of not less than 20 feet. Public purpose served by this requirement is to provide adequate open space areas around industrial structures for aesthetic and fire fighting purposes. B. STATED HARDSHIP: "It is difficult if not impossible to secure a tenant of the caliber of Swift-Eckrich without providing this space° C. ADMIWISTRATIVE STAFF REVIEW: At the present time this is an open loading dock. The petitioner�would like to enclose it. Planning Department staff has no objection to this proposal, as long as it is stipuiated that the variance would be only for this small enclosure and not the entire length of the building. The new west wali must be fire-rated and the petitioner must screen any outside refuse containers. `" � � 8E APPEALS COt1�1ISSI0t� MEETI��G, SEPTEMBER 1, 1987 PAGE 8 Mr. Clark stated it was his understanding that if the loading dock was allowed to be enclosed, that arcf�itecturally it was going to blend in with the building. Mr. Clark stated he had received a letter that day from Lhe bu�lding avner to the west, t4idwest Machine Tool Supply Co., stating he had no objection to the variance as requested by Mr. Harris. Mr. Harris stated-the new tenant, Beatrice Foods, feels it would be impossible for them to utilize the building space if they cannot have an enclosed lo�ding d�ck, so it was an economic fact from that standpoint. I�Ir. Harris stated the hardship for this particular lot was created after the fact. The original plat was approved by the City Councii and Planning Cor�nissior� with no road there. About two days before he was to appear before the City Council for final approval of the plat, the City decided to put a road throuqh there and needed an additionai 25 ft. Because of that, it changed the orienta- tion of the lot, so the hardship was really created by the City in asking for the additional 25 ft. IT, in fact, he had known about the road in the beginning and the City had come to him initially, he wou�d probably have narrowed up tbe other lots along there to make the road possible, Mr. Harris stated he oriented the buiiding because of the way the road came through there, so the building has frontage vie�r both on the east and the south and soriewhat on the north. The back of the building which would face west was realiy not orientated to the public but was orientated to the build- i�ng next to i t, t4i dwest t•lachi ne Tool Supply So. The Mi dwest Plachi ne Tool Supply building was set back to the west so there was parking lot between the back of his building and the front of Midwest Machine Tool Supply buildinq. As far as getting access'for fire and any other equipment, there was plenty of room. Mr. Betzold read the letter from John Demos, President of Midwest Machine Tool Supply Co., who stated he was in concurrence with the request by Mr. Harris for a covered dock area. MOTION BY MR. BARNA� SECONDED BY DR. VOS� TO RECEIVE THE LETTER FROM HIDWEST MACHINE TDOL SUPPLY CO. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED TXE MOTIDN CARRIED UNANIMOUSLY. 1�lOTION BY lyR. BARNA, SECONDED BY DR. VQS, TO CLOSE TXE PUBLIC BEARING. tIPON A VDICE VOTE, ALL VOTING AYE, CXAIRPERSON BETZOLD DECLARED THE PUBLIC NEARING CLOSED AT 8:30 P.M. Dr. Vos stated he had no ob3ection to the variance as requested. : APPEAIS COt1HISSIOta MEETIt�G, SEP7Et16ER 1, 1987 PAGE 9 Mr. Barna stated he had no objection to the variance. The hardship as stated by the petitioner was created by the City in requesting additional pro�►ertv for a road. This was a nice looking building and well maintained. He wa� quite sure thai whatever covering was put over the existing loadinG dock would fit in with the neighboring�structures and neighborhood. Mr. Sherek and t1r. Betzold also agreed. MOTION BY MR. BARNA, SECONDED BY MR. SNEREK, TO REC01�fPiEND TO CITY COIINCIL APPROVAL OF VAR #87-32, BY DAVID XARRIS, PURSUANT TO CHAPTER 205.18.03, D, 2, OF THE FRIDLEY CITY CODE TO DECREASE THE REQUIRED SIDE YARD SETBACK FROM 20 FEET TO 5 FEET TO ALLOW TIiE ENCLOSURE OF A1l' EXISTING LOADING DOCR ON LOT 7, BIACK 1, PACO INDUSTRIAL PARK, THE SAME BEI17G 250 COM�SERCE CIRCLE SOUTH N.E., FRIDLEY, MINNESOTA, 55432, WITH TNE STIPULATION THAT THE PETITIONER SCREEN ANY OUTSIDE REFUSE CONTAINERS. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BE�ZOLD DECLARED THE MOTION CARRIED UNANI190USLY. MOTIDN BY MR. SHEREK, SECONDED BY MR. BARNA, TO SEND VAR #87-32 DIRE^TLY T�0 CI'_"Y COUNCIL, BYPASSING THE PLANNING COMI9ISSION, IN ORDER FOR THE Cl2Y COUNCIL TO HEAR THIS ITEM OP� SEPTEMBER 14� 1987. UPON A VDICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURt�P1E�JT: MOTION BY 19R. BARNA, SECONDED BY MR. SNEREK, TO AATOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE SEPTEMBER 1, 1987� APPERLS COe+lMISSION MEETING RDJOURNED AT 8:35 P.M. Respectfu]]y sub itted, yn e Saba Rec rding Secretary � � CIIYOF FR[ DLEY CIVICCFNTER • 6�3?I UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55�33? • PHONE(6121571-3�350 • Yy �• 1�. : �Y • � : .� � ►!/ « David Harris 470 Rive Creek Boulevard N.E. Fridlc-�-, l►i3 55432 September 24, 1987 On September 14, 1987 the Fridley City Council officially approved your request for a Variance, VAR #87-32, to decrease the required side yard setback f raa 20 feet to 5 feet to ailaw the e.c�Iosure o� an existing loading dock on Lot 7, Block l, Pav� Lxlastrial Park, the same being 250 Commerce Circle South N.E. with the follawing stipulatio�ns: ' 1. Petitioner screen arry outside refuse wntairiers. If you have any questions regarding the above action, please call the Planning De�rtment at 571-3450. Sinoerel � James L. RoUin9on Planning Coordinator JLR/dm Ple3se review the noted stipulations, sicp� the stat�ement below and return or� wpy to the City o� Friclley Planning Departm�t by Oc.�tober 8, 1987. ����,.1 . . . . ' "" " .►." . _ - VAR #87-32 David Harris , _ _ ___ _ __._—___ � ; I I 3 �� :ORNER ' C. // � � (S2 C/ 1 7 � � J � i � ------ - * .�e�e� „ M � � ���---��-E--� - M --�---- - „ Q,s lsio v � W 6l .s:, s „�: i�, 1 ,cr n ,:� `I �;t ' - �l�f �i: �C`� ti �L iSd.D:. �h., - � � � �. � �' � �,. "� �_ _� i� � � -'v � ��,p I. J � ; N,� o � b ,:� � i � y •a � 2 �a, / M: '' � ' k �PC::=1 � / 3 � 4 �`� 3 �� �� ����� / Q tim z h � �� � �,, '" o � _ _ _ � � � . ; �,.. „ <; -jfl.., � '� _ y � ' � �!% 1 i � sf .7_� n i r,t .1 t; -` j i c' f' \ � � i W �� � . � LJS g � ; - � �,r Ji'l�o.�>2: �`, l - , •� � Ay., ...r� Y.' � _- , �F�:� . ��. . , (ii i � I t 'c� � � 9 � ----- t a �� � n �'?; � ��1� �;� � . 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' : . � ,' ► I �. e �w� s�, � r� i's 4� �;4y�� �. ' I � ' r� � 44 � a � ' :, y'' � �ti� ��� (%� �� I � ��� � ( � (� ' � s ' a ' � ;� �� ^ �' 7 �i h A�� -- �' — 9 I �' ° ---/ ^ a'+--- -- ----� � - �- . � t . � �.� � ' .,. • ./ ,�fM �IllS \ }r GO. ! hYw� � � � �' r ♦ �.w � � ir' aGcr..,.i iro�+�d� �deoL 1'��"'� 7-� I _ � � .� sr' ► � L L .� I ,. �a � ��� � : ---^ �r�� 1- ��-� �� �. � _. . � k'� �W � F �.. F ,k 1� � � o� ` , ::�.; ;�" i� . � �� ;.�' . , < ` r .:�<� ...,;� � � ,�, ra�•- � _ �` . . . � 3 �! � �� - . ,- i�� ` ^R'�`"�� f� . .�.,. .�. . �\ � _ LOCATION MAP . � '� i r. �% � / � ��/ � , � ���- %i / .�./�ri i`.!►--..'� i � � .s .► //�. . /. , / .�. ,� �. ..�,, ► --- � /�!r.�r��! � .� �.,, ,. .� - � ��, . � � ���:/, �:�► � , : • � . � . ..�+ . _� ,. • . • �� �_ . ��►���►��N►�l�!�: TO: FROM: DATE: MEMORANDUM William W. Burns, City John G. F1ora,rPublic August 1, 1990 Manager ��{ •• �r- � . Works Director SUBJECT: Tax Forfeit Properties PW90-300 In August, 1987, the City received notice from the County requesting the disposition of tax forfeit properties in the Springbrook Park Plat, Blocks 12 and 5. At that time, we identified that the City had no desire for the parcels in that they were land locked and recommended they be sold to the adjoining property owner which was Dick Carlson from Park Construction. In November, 1987, the City was looking at possible sites for a fire training facility and was considering trading those tax forfeit lots to Park Construction for a like number of lots off of 81st Avenue. Accordingly, we put a hold on the disposition to the County and requested they be turned over to the City. Since that time, it has been decided to locate the Fire training facility adjacent to the Municipal Yard and, therefore, we have no need for the parcels that we originally requested. Unless the Council has some concern, I would recommend that we notify the Caunty that the City releases its request for the tax forfeit parcels and that they should sell the lots as they are unbuildable by themselves to the adjoining property owner, Dick Carlson from Park Construction. JGF/ts 0 �� I i �. . �.��:'���. !r" crnr oF F[ZI DLEY � . � �� .:t/� ..�,/�- '�,-s� �'`-!► . l / f . T . r Ct�'IC C�i\T(:R • W�1 U\1�'(:RSI`Tl' A�'F. 1`.E. I�RIDLIiI'. �ilti\GSUTA ,Si.33: • PHU'�� (6121571•?-35(1 November 16, 1987 1lnoka County Auditor's Office 325 E. rlain street Anoka, rN 55303 Attention: Ms. Jonell Sawyer Dear Ms. Sawyer: Re: Tax Forfeit Properties In my letter of August 18, 1987, I identified six tax forfeit lots within the Springbrook Park Plat of the South 1/2 of Sectian 3, Tawnship 30, Range 24 for possible sale t:o Park Construction. At this time, the City has identified a need for tl�ese parcels and, therefore, desires to change our previous camrnanication. . It is reca�m�ended the follvwing parcels be transferred t�o the City of Fridley with �tright title of awnership. 03 30 24 42 0049 03 30 24 42 0050 03 30 24 42 0051 03 30 24 42 0052 03 30 24 42 0053 03 30 24 42 0112 Sincerely, �i.���.. � 17o G. Flara, . Public Wbrks Directar JGF:ch � ' } �{ �.k, •j �i C� ■ 1 O� FRI DLE.Y C��'1C't'fiti'1't:R • 6-t31 UtiIVERSITY AVE. N.E. FKIDLEY, AtINNESOTA 55432 • PHONE (612) 571-3450 - Auc��st 18, 1987 P4r'87-138 �. Ge.^e R:�f f er ty 11rx� ka Cc;uz ty Audi tor 325 E. t�.�in Street e,.noka, !•; � 55303 S�,�JDC'r: Tax Forfeit Propert�es �:ar :��r . R.af f er ty : l�s we have c'.is�ussed, the City has revi�saed and commented on a number of the t�:x farf�t properties in the past. As identified in our letter to your ofiice in April, 1985, ten of the seventeen parcels have been uciures�d and r�ain the same. (See attached letter) . In regarci� to the renaining parcels, the follawing recommendations are ITk'3C3C' I 1. The parcel 03 30 24 32 0011 is a buildable site and should be sold. m� 2. ZY�e follaaing parcels by thanselves are unbuildable and no plans are made to pravide aoccess. �herefore, we would suggest . they be �ld to Park Construction, 7900 Beech Street, Fridley, Mtv, which obtained a number of these parcels between their pr.o��rr,• and the Burlington Northern Railroad tracks over the �st few years. J3 30 24 42 0049 03 30 24 42 0050 03 30 24 42 0051 03 30 24 42 0052 03 30 24 42 0053 3. 7he �rcel 03 30 24 31 0050 is unbuildable and should be oonveyed t.o either af the adjoining property aaners. Request the City be informed on the oompletion of the conveyence of these garoels. Sincerely yaars, ����� ahn G. Flora Di rector af Publ ic Wor ks JGc�/ts Enc1 osure /� ��i�F� .'12 � � � J � d� �!t .. . ! !!.' � � STRE �`.: ,� . .. .. � .�� r ': . � . . � /t ) � � ..7 ' 8 34 : � 3'P ' r! y ) �1 `� �� • �� /j; Z . . �_ ( , • 6 s. )a r � .. y i � at " . . . . e � ) (d) 2V) (T)� ��) '� -'Z 3 ' 2 3 4� S � 9 9 fo !: Y . � ` . �` � � ' � / ♦ � �' � � � � STREET � j to - � � .- Q�� (6) . � .. . ..`.. ` = a � � z ; 9 a � i t 1�' �y 4 � � �() ) �) �� � • ) 2 3 s c ��+ s: ir .. �� • 11 '� ( ,� , I ' ` ~ i 9 � p v STRE�� .� �.., ,. . . � Z,�� 3 ~,�� Q � p � ( . n . � . � � � ' ,. • . • � f, ;� ' s. ` !� 3� S� � 9i i � � , , . i ,� sc !, „ . " M` .• w �,� � ; : � M \ � � ` \ � M �� �� �V \ m . � Auqust 3, 1989 � RICHARD CARLSON �, TAX FOR�iE1T 9C � '1a1� lO.:'�00� 4t � \ � I✓•%Jy� . • !/ .r0//J/ � �s✓ af f � s 1 �r+.�,.wr��rr�c,�sv s.nrr sr r �.�.ici�+ —�� '�--------�� � � � I % I �� ' I �� ��� / ��� / � 0 � � � ��i I� ► i � . l � ; I�j ' \ � '1 . � �• \� � ��� � � �F \ % I.�� � ; �� I; � :• ,� . I:i � \ `� � �: v �._ I 4 � � P �..- - � �� : L `�e o..i.w..sij .r�.._��_.5..._r�rr.v,rX,�y—J� S h- � --- � z � � ti� � -•�� _ : � i °�I� �. - , . � � . .� « � _ \� �� --t �, v� `� I 18 ' : I ( ) 1� .�� .� if.• 1r ` �' � ' 9 ,, � ' ( ' a •����♦ � ' .��� )N•• � �� n N11. .. . . � .. � +�• � f �g�5 .• =� . 1�9� . ilJ ..s + � 2 1 � = ' ,���� _ �9 �o i : I 1 r� . ��' - � � . � r,d:.�,.:;�,�,r.�.s �f .:r � � � . - . . - � � � ' 1 . � . � . . .. �� � � � . —�r �=--- � ��� � � � ... t --- - � � ♦ • � 1 � � /i �! I� E f_'_ ��� ��� ����,��� . � �'.�E�'�� �: '����?�: �; �� iO � =,3�az �+: � , ,� . � . � � r s . v� �, . E . . , � )_ - � _ C� 1 I �F FR! DLEY . � FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FR[DLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 August 14, 1990 Mr. Gene Rafferty 325 E. Main St. Anoka, MN 55303 SUBJECT: Tax Forfeit Properties Dear Mr. Rafferty: PW90-222 By letter of August 18, 1987, the City informed you that six (6) parcels identified as tax forfeit were unbuildable by themselves and recommended that they be sold to the adjoining property owner Richard Carlson of Park Construction. The parcels were: 03 30 24 42 0112 03 30 24 42 0049 03 30 24 42 0050 03 30.24 42 0051 03 30 24 42 0052 03 30 24 42 0053 By letter dated November 16, 1987, the City informed your office that we desired to retain those parcels for City use. At the City Council meeting of August 13, 1990, the Council moved to release these parcels requesting that they be sold to the adjoining property owner and return them to the tax roles. Request you work with Commissioner McCarron for the sale of these properties to the adjoining property owner, Mr. Richard Carlson, from Park Construction. These individual parcels are land-bound and do not have access to public streets and utilities and therefore are best to be disposed to the adjoining property owner for assembling with the overall Park Construction parcels. If you have any questions in this regard, please feel free to contact me at 572-3550. � Mr. Gene Rafferty Page Two - PW90-222 August 14, 1990 Request the City be informed on the completion and conveyance of these parcels. Sincerely yours, John G. Flora, P.E. Director of Public Works JGF/ts � � ClTlf Of FRIDLEY DATE: TO: FROM: SUBJECT: C011/[MUNITY DEVELOPMENT DEPARTMENT MEMORANDUM August 9, 1990 William Burns, City Manager �' �' �� Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant University Avenue Business Center Comprehensive Sign Plan Attached is the comprehensive sign criteria for the University Avenue Business Center located at 73rd and University Avenues. The sign criteria meets the requirements of Section 214 of the Fridley City Sign Code for wall signage. The sign criteria outlines specific sign location, height of letters, type of mountings, and letter styles. The sign criteria allows tenants to use red and bronze letters. The building owner indicated that they would prefer to use a single color scheme; however, one tenant requested the dark bronze letters, and they expanded the color criteria. The City has approved comprehensive plans which have both single color schemes and two color schemes. In this area, however, the Rice Creek Business Center and the University Business Center have a single color wall lettering system. We recommend this center also be limited to a single color scheme. The bronze lettering will not read very clearly on the light tan block facade of the business center. Further, the appearance of the center will be more uniform with other centers in the general vicinity. Staff recommends that the City Council approve the attached sign criteria and limit the color scheme to a single color. The property owner also intends to install a red and white pylon sign in conformance with the sign ordinance. NIl�I/dn M-90-560 10 10A The Robert Larsen Partners July 24, 1990 Ms. Michelle McPherson City of Fridley 6431 University Avenue Northeast Fridley, Minnesota SS432 RE: University Avenue Business Center Dear Michelle: Attached please find a copy of our Sign Criteria for our new project in Fridley. As you will see, our intent is pretty clean and simple but should be effective. I added dark bronze to the criteria because one (1) large tenant wants to use it but it is not our first choice. The pylon sign will be red and white. Upon your review, if you should have any questions or comments, please feel free to call. Very truly y urs, ��� -�`.� William L. Pew Vice President Construction and Mansgement WLP:kjg CC: Jim Benson - Chase Compaay 730 Second Avenue South - Suite 281- Minneapolis, Minnesota 55402 (612) 371-0424 Fax: 612-371-0634 ❑ IINIVERSITY AVENUE BUSINESS CENTER Section 1 Sign Construction Specifications Section 2 Sign Approval Section 3 Allocated Sign Area Section 4 Sign Criteria Section 5 Sign Construction Specifications � � SECTION I INTENT AND PURPOSE 1OC The University Avenue Business Center Sign Criteria is intended to provide guidelines for tenant identification which will present an attractive image and compliment the architectural integrity and continuity of the Business Center. This criteria is intended to reduce ciutter and provide strong, clear identification of businesses. University Avenue Business Center shall have a consistent sign criteria governing the framework of sign plans used by each tenant to clearly and consistently identify them as a part of the overall development. SECTION TI SIGN APPROVAL A. Landlord Design, content and details of signs must be approved by the landlord prior to fabrication and erection of signs. Although previous signing practiced by Tenant will be considered, they will not necessarily govern the signage to be installed in this business center. 1. Landlord shall submit drawings and specifications to the Tenant for all proposed sign work. The drawings shall clearly show location of each sign on the facia of the elevation; include graphics, color, and construction and attachment details. 2. All costs incurred in furnishing and installation of a sign shall be the full responsibility of the Tenant Sign construction must be completed in compliance with the instructions specified within this criteria. 3. Each tenant is required to identify their premise with a sign specified within this contract. 4. All tenant signs must be approved by Landlord prior to submittal for city approval. B. Citv of Fridlev Landlord shall be responsible for obtaining all city approvals and sign permits. City approval does not imply or supercede the Landlords approval. SECTION III ALLOCATED SIGN AREAS A. Exterior Si�n Band 1. Tenant's major identi£ication will be installed only onto the brick facia. Page 2 2. The tenant sign area constitutes that area directly above their entrance in front of leased premise equal to lineal footage of the store front, minus one foot (12") on either side. Maximum square feet of signage will be 15 x the square root of the lineal feet of each store front. 3. Individual letters are not to exceed a maximum of twenty-foar inches (24") in height and can be no closer to top or bottom of allowed signage area than ten inches (10"). B. Windows and Doors Landlord shall provide 4" vinyl graphics address nwnerals for each tenant. Tenant with Landlords approval may have cut vinyl graphics of tenant identification, first surface mounted onto glass, per detail specifications contained in this criteria. C. Temnorarv Si�n Areas Temporary signs, as detaiZed in this criteria, may be interior mounted onto glass openings, or attached to tenants allowable sign area with Landlords approval. SECTION IV SIGN CRITERIA A. Exterior Maior ldentification 1. Signs placed onto the brick facia area shall be limited to tenants proper name or service offered. . 2. Letter style may be Helvetica or Roman, upper and lower case letters, upon landlord approval. 3. Special logos, designs, or symbols necessary for identification to the store, may be permitted as part of copy, subject to landlords approval. 4. All letters to be 2793, red in color Rohm & Haas or dark bronze. 5. Tenant signs will consist of non-illwainated molded plastic letters es specified within this criteria. Sign letters or components shall not have exposed neon or other lamps. Page 3 1OD 10E B. Exterior Si�ns Prohibited 1. Moving, rotating, or flashing signs. 2. Signs fabricated as a box or cabinet with translucent faces. 3. Signs, letters, symbols fabricated of chsnnelume. 4. Signs, e�ploying luminous-vacuum formed type plastic letters. 5. Signs, letters, symbols or identification of any nature painted directly on exterior surfaces of the premises. 6. Cloth, wood, paper, or cardboard signs, stickers, or painted signs around or on exterior surfaces (door and/or windows) of the premises. 7. Free standing signs. 8. Roof-top signs. 9. Signs employing noise making devices and components. 10. Window display signs of any kind without the prior written approval of the landlord. 11. Signs employing unedged or uncapped plastic letters or letters with no returns and exposed fastenings. 12. Signs placed at right angles to any front. . SECTION V SIGN CANSTRUCTION SPECIFICATIONS A. Non-Illuminated Sit>_na�e 1. Dimensions All molded plastic letters shall be a maximum height of twenty-four inches (24") and a minimwn of ten inches (10"). 2. Installation Letters will be centered vertically and horizontally onto signage area using surFace applied adhesive. Mounted so letters are flush on mounting surface. Pad mounting will be allowed. No holes to be drilled into br3ck surface. Page 4 10F B. Vinvi Sis�na�e for Tenant Entrances 1. All glass mounted signage to be af 3M Scotchcal vinyl film or adhesive vinyl of equal quality, white in color. 2. Helvetica style letter upper and or lower case shall be used. 3. Size of Landlord provided address graphics shall be 4". Tenant identification copy shall be maximwn of 3". 4. All graphics shall be surface-mounted to the glass surf'ace of entrance door. 5. Landlord shall provide Tenant with proposed copy letter style and placement of signage for approval. Page 5 TO: FROM: DATE: Engineering Sewer Walcr Parks Sireets Maintenance MEMORANDUM William W. Burns, City � John G. F1ora, Public July 31, 1990 Manager �1'� �i � . Works Director SII&TECT: Parking Stall Striping PW90-298 At the July 23, 1990, Council meeting, the zoning code was amended to provide for 9-foot parking stalls. In the amendment, it was stated that the parking stall striping design is on file in the office of the City Engineer. Since we have used 10-foot parking stalls over the past number of years with a single stripe, I am suggesting that the 10-foot stalls remain as they have but designate the 9-foot stalls to require double striping for ease of parking and some precaution to reduce vehicular damage. Accordingly, I am proposing that the parking stall striping design include a 10-foot single-striped stall and a 9-foot double-striped stall as attached. We have checked into this issue and obtained a quote to stripe the City Parking Ramp, upper level. Using a single stripe, the bid was $100.00; double striping it would be $210.00. Since the 10-foot sized stall has been the standard, and it does cause an adverse expense to not only the City but all commercial and industrial properties which are in compliance, I would recommend that the Council accept the standard of 10-foot stall and 9-foot stall striped as indicated on the attached typical sections. JGF/ts Attachments 11 , � �. •��. a 11A � C v v NOTE= STRIPES TO BE 4' WIDE. � C ITY �� PARKING STALLS - 9' WIDTH � . FR I D LE Y D Mpy �TE=7/5/90 SCALE� 3/16'=1' E o cITY o� � FRIDLEY NOTE= STRIPES TO BE 4' WIDE. ARKING STALLS - 1 �' WIDTH � DATE: CALE: MAV 7/5/90 3/16'=1' -_ 11B . 1C � � � NOTE= STRIPES TO BE 4' WIDE. � C I T� D.F FARKIN G STALLS - 10' WIDTH � FR I D LE Y D� MAV �jE=7/5/90 SCALE� 3/16•-�- PARKING MARKING, INC. 1729 Seiby Avenue ST. PAUL, MINNESOTA 55104 Phone 690-4340 TO C i t o f F r i d 1 e_y __ _...._._..._..__....._. _ ._ . _._. ..._.... . .Y_ __... ..... _--.... . ..... �... __._ .. . __...__..--.........._.._..... Attention: Clyde Moravetz 6431 University Avenue N. E. __. ........_..... . __. _...__ .........................._...._.............._.............._.__............._..........._.._�._..._.__._......_..._. _ Fridley, tlinnesota 55432 _ __ _ __ ............. _ Paye No. of W�es �'it tY���. 390� 1� � � We hereby propose to furnish, in accordance with specifications below or on attached pages, all material and Iabor necessary to complete the followin9: 1.._,_.. .Re_str_?.p_e exist_ing_..parki..:n.g st_a].ls...... r' Ch. _L.�i/'.Z _�.. 10.0,00. ._..... > ........ .... .. _ l/ I� ' l._.. . .._ ... 2. Change single _1_ine_ to double line st_riping us_ing . .. ... .... .. ... ... .. .... _...._ __. .. .._.. existing lines II for the sum of .... _....._ .. ....._ _......_._........__ __. PAVMENTS TO BE MADE AS FOLLOW3: 210.00 dollars($ ..... _........__..... �.._. __.... __ ..............._......._................. ) All material is guaranteed to be as specified. A�� work is to be completed in a work- Authorized manlike manner accwding to standard practices. Any alteration or deviation from the Si nature above or attached specifications invoiving extre costs will be executed only upon written 9 orders, a�d will become an extra charge over and above the estimate. All agreements contingent upon atrikes, accidents or delays beyond our control. Owner to carry ffre, N te: This proposel mAy be day8. tornado and other necessary insurance. Our workers are fully covered by Workmen's withdrawn by us if not aCCepted within Compensation Insurance. ,�(�p�i��� �; rji�ili$� — The above or attached prices. S�9�ature specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlfned above. Siynature Date of Acceptance: Parks Slreets Maintenance MEMORANDUM . � t; TO. William W. Burns, City Manager�� PW90-304 FROM: John G. Flora, Public Works Director Bob Nordahl, Operations Analyst �� � DATE: August 7, 1990 SIIBJECT: Bid Proposal Recommendation for Playground Equipment At the July 23, 1990, City Council meeting, the Council authorized by Resolution to add redwood playground equipment to Edgewater Gardens, Sylvan Hills, and Altura Parks and advertise for bids. Plans and specifications were advertised and sent to three (3) playground equipment companies. On Monday, August 6, 1990, bids were opened for the three (3) additional parks playground equipment. Three (3) companies bid and the low bidder was Earl F. Anderson & Associates for $22,669.00. Earl F. Anderson & Associates has supplied Fridley other playground equipment and we are very satisfied with this company. The total cost for these three (3) parks plus the total already spent for the two (2j previous playground upgrades at Plaza and Swnmit Parks is within the approved budget of $37,500.00. Recommend the City Council receive the bids and award the contract for the playground equipment to Earl F. Anderson & Associates for $22,669.00. JGF/BN/ts Attachments �2 '� -, i. � R�bert Nordahl Ralph Vol]anari Jon T�q7so� � 2A BID PROPOSALS FOR THREE (3) REDWOOD PLAYSTRIICTIIRES MONDAY, AIIGUST 6, 1990, 11:00 A.M. BID TOTAL PLANHOLDER BOND BID CONII�iENTS Earl F. Andersen & Asso. 9808 James Circle Bloomington, MN 55431 Gerber Leisure Products 4206 Rose Court Middleton, WI 53562 Dakota Fence 1110-25th Ave., N. Fargo, ND 58102 No No No $ 22,669.00 $ 23,265.00 $ 23,752.00 .a.�e �, �sso : <:�:� . � .;:,: �..; � �-:: : �� 1990 CAPiTAL IMPROVEMENT PROGRAM PROJECT AREA PARKS SPRINGBROOK PICNIe SHELTER WARMING HOUSE/PARK BUILDING PARKS PARKS TOTAL PROJECT FOR 1990 II-B•2 ��� �� :� ��� �� 1_.500.00 12B �) 12C 5 YEAR CAPITAL IMPROVEMENT WORKSHEET ::n:..�:::.:::�;::.:::::.::::.:: ::::::::.:::::n:::.:.:::::: �:�::::.;::::::::::'.r::::::::::.:::::v:.::;::::::.,:::.:.:.:.:ri; :::.:;}. .: :'#���� ��i�:`::' 1990 �'�t��f J���1�*��x�: FiECREATION �r-r ..,�...—...�......... � ..:...»::-;::.:. • � � 'x�;•'✓.'tec6z::::;�:;:.::t�:R:.:->::%%:...:»>:a.:;;;::.:;k.:. . S.:va::Y+.'<:�i::::;2�.�:::�::::>:+�>;;: �' �c;;. �������`R` PARKS �p����$a�� PLAYGROUND E�UIP, UPGRADES : ;�;ws;x;K�>:::;::>:>.: �.::>::>s>:;:::>.::. <..::>::,:..>;::�'.; '�����'�p�: Y:� REPLACEMENT �:�:»:�:��n� ������� �:::>:�::�:{�:.�>:.::�<::: TO PROVIDE CREATNE AND SAFE PIAY EGIUIPMENT AT PLAZ� SUMMIT SQUARE, .. :'�����n���ti/4,.;:; ��• EDGEWATER GARDENS, SYLVAN HILLS, AND ALTURA PARKS. <<..�.:f�.>�:.<<,:h:<:<.>:>:,:>:.>::<::»>.:>v>:>:;<::: NEED TO CONTINUE THE PROCESS OF UPDATING THE OLD PLAYGROUND '�� ������;'"`����"' E(]UIPMENT IN THE PARK SYSTEM TO lNCREASE SAFE7Y, USE AND APPEARANCE. ,� <.,:..wtr.:���:::«ps� •.:<� • • � �������� . ': ::���. 37,500.00 PARKS � ti•B-4 ��: � � � c�nr oF FRIDLEY COl1/�MUNITY DEVELQPMENT DEPARTMENT MEMORANDLiM DATE : August 9, 19 9 0 1�?'� ��� TO: William Burns, City Manager���' FROM: SUBJECT: Background Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Request for a License for a Trailer at the RMS Company; 980 Osborne Road N.E. Section 202 of the City Code requires a special permit for a limited period of time for the parking or occupancy of a trailer on property within the City. The RMS Company has requested location of a 14' x 56' trailer to be located at the rear of its property along Osborne Road. RMS Company owns the property abutting Osborne Road as well as the property addressed as 7645 Baker Street N.E. (see attached map). Analysis The proposed trailer would be used for employee meeting and conference rooms. RMS Company is restructuring its existing facility such that conference room areas would be eliminated. RMS is investigating another site in Fridley for construction of another facility, which would then negate the need for the trailer. RMS is requesting the trailer be allowed to remain on the property until December 1, 1991. RMS hopes to begin construction of its new facility in the spring of 1991. Recommendation Given the location of the proposed trailer at the rear of the existing building along Osborne Road and because it will not be easily seen from the public right-of-way, staff recommends the City Council approve the request, subject to the following canditions: 1. 2. The trailer shall be removed by December 1, 1991. Extensions to the deadline stated in stipulation #1 must be approved by the City Council. BD/dn M-90-559 13 ZOA �89-OS RMS Company � � A i ! � '. � ZONING MAP �,�; wr�-�v►-. ,� - � a�,�- c� �' • — - _: -._-� ���� .�. . . _ S. � 9� . � � �_ _ __.___.__-Ta$'----._._- --- - • i 2ti.o4' - - � , {1 � m � � ----- _.. . � � - -- I � n� ( , H; ' 1 �� - - � ( z7.72�qZ.�Lt�05� �; � / s�Y —r I � - -- - � --- �.` , . _ ` ' , ' � I { -� �-� ; : � � . - � i � � �'ox�8 --- - ; ' �� � 1 � S17y,1� --- � -- �- G � r 1• ���%�� 13B t � � . f : _ ___ _:__ �,� _ - __ : __a��nN�_ . � -.-__ _�-_�-.�•a�r:a�s ot�rxrwt�• � � _ ---- = ` __ -_izan �F z sr�Y , _ __ . : _ - 3zx?ae i - - s G4ea9bF. t. . . -.�_ . 7. . - ---- ; - ---- -- - , ----��� � :. ._ !�� . . T„j,' _ 5 I �� . I � �� �� � � � � � �y�X s�� � �..� ! ��IT�_ . �'�A�t . .. _. ir. _ _ . _ _���. .. _ _ __ . _ . _ . . � �- �- - -- - - � , -.�-- .�fiL �i�i I- - -�� S1� ! IoX?O � - r✓' � �¢p� � ��� • � � -- - - _ - - --� -�c tl� G � � � i -�-� s r l2. � i �iYl. /'�'� ? �--. � ' i 2g t'jCl - y�rt ��� t.5� -- _ ----_, � � f�1cKt�-- .�4v76 AI�L�Mt� . - . ' : � �� SeTt� � --- -- � i � 4 � �;� ��- . . ai' -fi �� � S . y� � :,�.'_� � � "` �� ' � Uv►k? ����� U� 2�,�D �7�7�t.-_• - . - _. - - - � 7-ZS -P�i �5.� �q� :�� � � I���', M�r ..,. ���1�1 �.�. r_r:�� htD!zT F't �u � a�.o.d � CITY OF FF310LEV� sue,��cr MtNNE90TA �tporimt��� u���s.a�• Oom. Dev. Div. Protective Insp. Dept. HOUSE TRAILER APPI.�ICATIOV mCer i �ev aQ• Approvetl Dy 910-F9 1 1 of 1� 800 �-� . ,� APPLICANT: RMS Company TRAILER OWNER: Satelli�e Co. ADDRESS: 7645 Baker St. N.E., FridlegDVRESS: 20050 75th �ve. No. 786-1520 Hamel, MN 55340 TEL. I10: TEL. NO: 13C Ooio 7/1/81 LAIJDOWNER: Rc9S Comnaiiy ADDRESS: 7645 Baker St . N. E. , Fridley � g� Employee Meeting TRAILER t�l�: �'4tc:l].i�2 SIZE: *14 X 56 USED FOR: Rm. & Conference Room *Larger th�n what we need but is only size available. PERiOD OF TIME TO BE STORED/OCCUP2ED: Present until 12/1/91 LOCATIOi� OF TRAILER Oti PROPOSED PROPERTY: Attach Plot Plan of Property showing Trailer Signatures of Adjoining Property Owners Granting Approval: Relationship between Trailer Owner and Landowner: Leasor - Leasee Names and Ages of all Occupants(If Residential Use): Facilities for Sewaqe Disposal, ��ater and Electricity: Electricity only. Please find attached a check in the amount of 530.00 for parking the trailer or 55�.00 for both parking and occupyinq the trailer. "�"' �� : �3 � �,�.,,._..._.: Signature Date Received: Stipulations: • • r � . � ��.� '_,.!� �� �� ��l I�.:s 1� :. �1, 11...� � � � 1� �� 1 � RECEIPT NO: ��� 3� LZCENSE I�O: val: EXP2RES: .�..,_ � . r►trrnol Vse zoz. �� � (Ref. 83) 202.01. PgtMIT RF�117IItID No person� firm, or corporaton shall park, store or occupy a house trailer in the City of Fridley except in a duly lioensed mobile hctne park or except by special permit as hereinafter prwided. (Ref• 83) 202.02. SPECI�L P�MIT l. A special permit for a limited peria7 of time tray be issued for the parking or occupancy of a trailer when apprwed bY the Council. �he Co�cil in making its detemination may consiaer the effect upon public health, safety, oa��rnity planning, aesthetic considerations for the reighborhood► and property values. _ 2. Z�e application, when presented to the Council, shall show the reccr�a;�endation of the City Engineer/Director of Planning and/or Building Inspect�r. 202.03. FF.�S ZY�e annual permit fee and expiration date for trailer parking or occupancy shall be as provided in C7�apter 11 of this Code. 202.04. APPLICATION TY�e application for a pemit shall be made in writing to the City Clerk and sup�ply the follvwing information: l. Na�e and permanent address of applicant. 2. Nane of the owner of the trailer. 3. Description of the trailer, including raake and size. 4. Na�e and address of the owner of the land Where the trailer is proposed to be located. 5. Periai of ture the trailer is to be stored or occvpied. 6. Use of the trailer. 7. Writt� apprwal of the awrers of adjoining imprwed proPerty. 8. Location of the trailer on the proposed property, including a plat plan of the praperty. 9. Zf the trailer is to be xcupied, the following information should also be included: (a) the telationship, if ar�y� betr�►een the trailer vwner ar�d the land owner; (b) the names and ages of all occupants; (c) the facilities for seWage disposal, water and electricity; (d) the place of enplo�ment af the applicant; and (e) whether the applicant is oonstructing a t�a�e in the area• ��3� �• • �� �- �. SP�`CIAL Pf�tMI'T ��. APPLICATION 202-1 14 TO: FROM: SIIBJECT: DATE: CITY OF FRIDLEY M E M O R A N D O M Y MANAGER �` NILLIAM W. BIIRNB� CIT �. SHIRLEY A. HAAPALA, CITY CLERR ELECTION JIIDGES FOR PRIMARY ELECTION AUGUST 10, 1989 The attached resolution appoints election judges for the September il, 1990 Primary Election. The judges have been chosen from lists that were provided by the Democratic-Farmer-Labor Party and the Independent-Republican Party. The judges have been selected from both the DFL and IR lists in accordance with State Statutes. If you have any questions concerning this resolution, please give me a call. � ' . RESOLOTION NO. - 1990 RESOLIITION DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE SEPTEMBER 11� 1990 STATEWIDE PRIMI4RY ELECTION NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, at a regular meeting on August 13, 1990. SECTION 1. SECTION 2. SECTION 3. That on the 11th day of September 1990, there shall be a Statewide Primary: That the polling places for said election shall be as follows: Ward 1 Precinct 1 Ward 1 Precinct 2 Ward 1 Precinct 3 Ward 1 Precinct 4 Ward 1 Precinct 5 Ward 2 Precinct 1 Ward 2 Precinct 2 Ward 2 Precinct 3 Ward 2 Precinct 4 Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Grace Evangelical Free Church Hayes Elementary School Fridley Municipal Center Fridley Covenant Church Fridley Senior High School Woodcrest Elementary School Knights of Columbus St. Philip's Lutheran church North Park Elementary School Springbrook Nature Center Redeemer Lutheran church Stevenson Elementary School Alltemp Distribution Co. That the polling place will be open from 7:00 a.m. to 8:00 p.m. SECTION 4. That the following people are hereby appointed to act as Judges for said election except that the City Clerk is hereby authorized to appoint qualified substitutes as set forth in Chapter 4, Section 4.05 of the City Charter. WARD 1 PRECINCT 1 *Carolyn Holmen Gay Gronlund Marlene Schonebaum Marion Ertl WARD 1 PRECINCT 2 *Marlys Johnson Angeline Westman Doris Nord Eunice O'Neil Marietta Holum Sandy Gorman Marjorie Rosin Harriet Kish Mildred Hartman Alice Anderson Carolyn Bethel Carolyn Doyle Jean Wagener Page 2-- Resolution No. - 1990 WARD 1 PRECINCT 3 *Bernadette Bovy Rosemary Johnson Doris Bennek Dolores Steinert WARD 1 PRECINCT 4 *Alice Mol Jane Hosman Ruth Whitcomb Lois Palmquist WARD 1 PRECINCT 5 *Judy Engelbretson Marilys Lisowski Marlene Steichen Alice Peterson Marilyn Fyten WARD 2 PRECINCT 1 *Jean Forster Mary Lind Adeline Musial WARD 2 PRECINCT 2 *Pat Anderson Karen Bjorgo Doris Moxness Karen Hank WARD 2 PRECINCT 3 *Doris Reiners Darlene Rusch Janice Hebeisen Marilyn Seeman WARD 2 PRECINCT 4 *Virginia Bureau Jean Wagar Doris Wicks Jeanette Lindquist Delores Mellum WARD 3 PRECINCT 1 *Betty Bonine Janet Kothman Myrtle Morphew Kay Olson Irma Kelly Dee Truehl Carrie Bakken Ardell Buss Nina Landt Dorothy Veres Robert McGuire J. Swanson Muriel Pomeroy Betty Jane Bishop Bernice Dietz Phyllis Erickson Terry Johnson Alice Henderson Carolyn Krack Mary Joyce Johnson Helen Shaffer Joyce Swanson JoAnn Cederholm Dolores Lynch Lee Carlson Kathleen Hoppe June Eggerth Naida Kruger Dorine Newland Myrna Stienstra Jackie Walther Frances Renner Edna Swenson Nancy Sadowski Gloris Klopp . ' Page 3-- Resolution No. - 1990 SECTION 5. WARD 3 PRECINCT 2 *Jordis Mittlestadt Marlys Hinsverk Connie Samuelson Margaret Hendley WARD 3 PRECINCT 3 *Irene Maertens Darlene Vallin Sylvia Holmen Kathryn Engstrom WARD 3 PRECINCT 4 *Betty Nelson Gerry Wolsfeld Ginnie Velin Marlene O'Donnell *AEAD JIIDGE HEALTH CARE CENTER Lavonne Avery Betty Scott Carol Johnson Gladys Lox Laverne Gimmill Laurie Harris Barbara Enroth Peggey Newland Jackie Emerson Laverne Roseth Jean Jackson Linda Soderholm Karen Narog Bernadette Bovy � That the following judges are appointed to act as chairmen of the Election Board for the precincts designated and shall have the duties set forth in Section 204B.20 of Minnesota Statutes. Ward Ward Ward Ward Ward Ward Ward Ward Ward Ward Ward Ward Ward 1 1 1 1 1 2 2 2 2 3 3 3 3 Precinct Precinct Precinct Precinct Precinct Precinct Precinct Precinct Precinct Precinct Precinct Precinct Precinct 1 2 3 4 5 1 2 3 4 1 2 3 4 Carolyn Holmen Marlys Johnson Bernadette Bovy Alice Mol Judy Engelbretson Jean Forster Pat Anderson Doris Reiners Virginia Bureau Betty Bonine Jordis Mittlestadt Irene Maertens Betty Nelson SECTION 6. Compensation for said Judges will be paid at the rate of $5.00 per hour for regular Judges and $6.00 for the Chairperson of the Electian Board. Page 4-- Resolution No. - 1990 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR 14D � � cinr oF F�a� C411IWtLiNITY DEVELOPMENT' DEPARTMENT MEMORANDUM DATE: August 9, 1990 TO: William Burns Cit Mana er ���� . Y g ;�. FROM: Jock Robertson, Community Development Director Barbara Dacy�,�lanning Coordinator Lisa Campbe ��Planning Assistant 8IIB.7ECT: Telephone Book Resolution As per Councilmember Billings' request, staff has drafted a resolution on telephone books. The resolution asserts that the City of Fridley is meeting the responsibility of managing the waste generated by its residents and City employees. The resolution further asserts that telephone books are generated by U. S. West, not City of Fridley residents, and that it is not the responsibility of Fridley or other municipalities to collect telephone books. The resolution requests that the State of Minnesota begin negotiations with U. S. West to implement a voluntary collection program. In the event that U. S. West fails to implement a voluntary program, the resolution puts forward the request that the State approve legislation requiring U. S. West to collect all telephone books distributed in the State of Minnesota. LC:ls fM�'Z���-�? . 15 RESOLUTION NO. - 1990 A RESOLIITION REQIIESTING THE STATE OF MINNESOTA REQOIRE II. S. WEST DIRECT TELECOMMIINICATIONS COMPANY TO COLLECT IISED TELEPHONE BOORS DISTRIBIITED IN THE STATE OF MINNESOTA FOR DELIVERY/SALB TO MARRETS FOR RECYCLING WBERFAS, the City of Fridley in 1985 implemented a comprehensive residential recycling program including curbside collection, a drop-off site for recyclables, a yard waste transfer site, and an office paper recycling program; and WHEREAS, the City of Fridley has abated roughly 4,000 tons since 1985; and WHEREAS, the Waste Management Act of 1980, as amended in 1984, has prohibited unprocessed waste from the landfills as of January 1, 1990; and WHEREAS, the County of Anoka, under S.C.O.R.E., will require the City of Fridley to abate an additional 8,000 tons by January 1, 1994; and WHEREAS, the City of Fridley is committed to meeting these goals and has taken responsibility for the waste generated by its residents and employees of the City of Fridley; and WHEREAS, the City of Fridley asserts that telephone books are not generated by its residents but by U. S. West Direct; and WHEREAS, U. S. West Direct annually distributes roughly three million telephone books in the Seven County Metropolitan Area; and WHEREAS , U . S . customers as a service; and West Direct distributes these telephone books to service related to the provision of telephone WHEREAS, telephone books are a direct material outcome of the business of providing telephone service, it is the responsibility of U. S. West Direct to collect used telephone books and to seek and develop recycling markets for used telephone books; and WHEREAB, individual municipalities in the metropolitan area are clearly responding to their abatement responsibilities, the munieipal collection of telephone books places an undue burden and misplaced responsibility on municipal programs. NOW, THEREFORB, BE IT RESOLVED, that the City of Fridley request that the State of Minnesota begin negotiations with U. S. West Direct to voluntarily collect telephone books distributed in the State of Minnesata. ( 15A RESOLUTION NO. - 1990 PAGE 2 B8 IT FIIRTHER RESOLVED TBAT, the City of Fridley request that if U. S. West fails to implement a voluntary collection program that the State of Minnesota approve legislation requiring U. S. West to collect all telephone books distributed in the State. PASSED AND ADOPTED BY THE CITY COUNCIL OF FRIDLEY THIS DAY OF , 1990. ATTEST: SHIRLEY A. HAAPALA, CITY CLERK F WILLIAM J. NEE - MAYOR 15B CITY OF FRIDLEY M E M O R A N D II M �• G TO: WILLIAM W. BIIRNB, CITY MANAGER ��� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR DAVID DIIBORD, ASSISTANT FINANCE DIRECTOR MARY SMITH, ASSESSMBNT CLERR SIIBJECT: 1990 ASSESSMENTS DATE: AIIGIIST 6� 1990 Attached you will find two resolutions directing both the preparation of the assessment rolls and publication of the public hearing notices for the 1990 assessments. This year we will be assessing 8treet 1989 - 1& 2&(Addendum Na. 1). This assessment is for improvements in several different areas broken down as follows: St=eet 1989 - 1: The Northco Business Park petitioned for street improvements and will be assessed in accordance with the development agreement. The 51st Way and East River Road improvement was also petitioned for and will involve the County and City paying for a portion of the assessment. Also being assessed are four lots, two of which will be deferred with interest added until property is developed at which time it becomes due. The.last portion of 89 - 1 is the Sanitary Sewer line put in at 7570 Highway 65. This was added as Change Order No. 2 and a Preliminary Hearing was held on January 22, 1990. A portion of this assessment will also be deferred with interest added until such time that it is developed and becomes due. Street 1989 - 2: This portion of the project includes the University Avenue West Service Drive from 83rd Avenue North 465'. It was petitioned for by the two property owners and will be assessed in accordance with their agreement. Commerce Lane from 73rd Avenue to Osborne Road was added as Addendum No. 1. The Preliminary Hearing was held on February 13, 1989. The total cost of this will be split with the City of Fridley and fourteen property owners. Lot 5, Auditor's Subdivision No. 77 was added onto Addendum No. 1 consisting of a Storm Sewer and will have its assessment deferred with interest added until it is developed at which time it becomes due. � 16 RESOLIITION NO. - 1990 RESOLIITION DIRECTING PREPARATION OF ASSESSMENT ROI,L FOR BTREET IMPROVEMENT PROJECT NO. BTREET 1989 - 1 i� 2 i(ADDENDIIM NO. 1) BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. It is hereby determined that the assessable cost of construction with respect to the following named improvement, to-wit: STREET 1989 - 1& 2(ADDENDIIM NO. 1) including all incidental expenses thereto is estimated at 865.417.18. 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of land benefited by said improvement according to law. PA$SED AND ADOPTED BY THE CITY COQNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1990. ATTEST: SHIRLEY A. HAAPALA - CITY CLERR WILLIAM J. NEE - MAYOR 16A �.: ` , REBOLIITION NO. - 1990 RESOLIITION DIRECTING PIIBLICATION OF HEARZNG ON PROPOSED ASSESSMENT ROLL FOR THE STREET IMPROVEMENT PROJECT NO. STREET 1989 - 1 ic 2%(ADDENDUM NO. 1) WHEREAS, by a resolution passed by the Council on , 2990, the City C2erk was directed to prepare a proposed assessment of the cost of installation of concrete curb and gutter, aggregate base course, bituminous paving, new signal system, landscaping, storm sewer, sanitary sewer, and appurtenances; and WHEREAS, the Clerk assessment roll has public inspection. has notified the Council that such proposed been completed and filed in his office for NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. The City Council shall meet at the Fridley Municipal Center in the City of Fridley, Anoka County, Minnesota, on the lOth day of September, 1990, at 7:30 o'clock P.M. to pass upon the proposed assessment for 6TREET 1989 - 1& 2�(ADDENDIIM NO. 1) 2. The City Clerk shall publish notices of the time and place of meeting in the of f icial newspaper of the City at least two ( 2) weeks prior to.such meeting. PASSED AND ADOPTED BY THE CITY COIINCIL OF TIiE CITY OF FRIDLEY THIS DAY OF , 1990 ATTEST: BHIRLEY A: iIAAPALA - CITY CLERR WZLLIAM J. NEE - MAYOR �17 r � CITY OF FRIDLEY ANORA COUNTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENT FOR BTREET IMPROVEMENT PROJECT N0. STREET 1989 - 1 i 2& (ADDENDIIM NO. 1) Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the lOth day of Segtember, 1990, 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 improvements, to-wit: STREET IMPROVEMENT PROJECT NO. STREET 1989 - 1& 2& (ADDENDIIM NO. 1) The proposed assessment roll for each of said improvements in the total amount of 5865.417.18 is now on file and open to public inspection by all persons interested, in the office of the Clerk of said City. The general nature of the improvements and each of them is the construction of street improvements including installation of concrete curb and gutter, aggregate base course, bituminous paving, new signal system, landscaping, storm sewer, sanitary sewer, and other facilities located as follows: STREET 1989 - 1 STREET 1989 - 2 ADDENDUM NO. 1 Northco Drive, 51st Way and East River Road, 7570 Highway 65 University Avenue West Service Drive - 83rd Avenue North 395' Commerce Lane - 73rd Avenue to Osborne Road The 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. Said improvements will be assessed against the properties wi.thin the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessments for each •of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. A property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within : ' Paqe 2- Notice of Hearinq on Assessment ior street Improvment Project No. Street 1989 - 1& 2&(Addendum No. 1) thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. The City of Fridley adopted Resolution No. 47 - 1981 on April 6, 1981, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: the property must be homestead property, and the owner must be at least sixty-five (65) years of age or older, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds two (2) per cent of the adjusted gross income of the owners as determined by the most recent Federal Income Tax Return. The deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Counci� determines that further deferral is not in the public interest. DATED THIS DAY OF , 1990 BY ORDER OF THE CITY COIINCIL OF THE CITY OF FRIDLEY. WZLLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERR Publish: Fridley Focus on August 23 and 30, I989 CITY OF FRIDLEY M E M O R A N D II M f "■• MEMO TO: WILLIAM W. BURN3, CITY MANAGER, AND CITY COUNCIL/�" FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR DAVID DDBORD� ASSISTANT FINANCE DIRECTOR MARY SMITH� A38ESSMENT CLERR SUBJECT: 1990 ASSESSMENT FOR TREATMENT AND REMOVAL OF TREES 1989 DATE: AIIGUST 6, 1990 Attached you will find two resolutions directing both the preparation of the assessment roll and publication of the public hearing notices for Treatment and Removal of Trees 1989. This assessment roll consists of the removal of diseased trees within the City of Fridley. The charges are made under the authority provided in State Statutes Section 18.023 and Chapter 104 of the City Code. There is an administrative charge of $25.00 added to each parcel of land assessed in addition to the contractor's charge for cutting down a diseased tree. The total cost will be assessed for a period of five (5) years. I 19 � 9A RESOLOTION NO. - 1990 RESOLIITION DIRECTING PREPARATION OF THE A88ESSMENT ROLL FOR TREATMENT AND REMOVAL OF TREEB 1989 BE IT RESOLVED by the Council of the City of Fridley, Anoka County, Minnesota, as follows: l. It is hereby determined that the assessable cost with respect to the following named improvement, to-wit: TREATMENT AND REMOVAL OF TREE3 Z989 including all incidental expenses thereto, is estimated at $1,200.00. 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of land benefited by said improvement according to law. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS ATTEST: DAY OF � 1990. WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK ': �� C1'J RESOLOTION NO. - 1990 RESOLUTION DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE TREATMENT AND REMOVAL OF TREES 1989 WHEREAS, by resolution passed by the Council on , 1990, the City Clerk was directed to prepare a proposed assessment of the cost of treatment and removal of trees; and WHEREAS, the Clerk has notified the Council that such proposed assessment roll has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. The City Council shall meet at the Municipai Center in the City of Fridley, Anoka County, Minnesota, on the lOth day of September, 1990, at 7:30 o'clock P.M. to pass upon the proposed assessment for the following named improvement: TREATMENT AND REMOVAL OF TREES 1989 2. The City Clerk shall publish notices of the time and place of meeting in the official newspaper of the City at least two (2) weeks prior to such meeting, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TIiIS ATTEST: DAY OF � 1990. WILLIAM J. NEE - MAYOR SBIRLEY A. HAAPALA - CITY CLERR 21 CITY OF FRIDLEY ANOKA COUNTY, MINNESOTA NOTICE OF HEARING ON ASSESSMENT FOR TREATMENT AND REMOVAL OF TREES 1989 Notice is hearby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the lOth day of September, 1990, 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: TREATMENT AND REMOVAL OF TREES 1989 The proposed assessment roll for each of said improvements in the total amount of 51,200.00 is now on file and open to public inspection by all persons interested, in the office of the Clerk of said City. The general nature of the improvements and each of them is the treatment or removal of trees located in the City of Fridley as follows: Pin No. 24-30-24-24-0078 Pt of Lot 3& 4, Blk 4, Parkview Manor Addition Pin No. 23-30-24-41-0020 Pin No. 23-30-24-41-0011 Lot 18, Blk 6, Donnay�s Lakeview Manor Addition Lot 11, Blk 5, Donnay� s Lakeview Manor Addition The 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. Said improvements will be assessed against the properties within the above noted areas in whoZe or in part proportionately to each of the land therein contained according to the benefits received. At said hearing the council will consider written or oral objections to the proposed assessments €or each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the residing officer at the public hearing. A property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. 21A PAGE 2- NOTICE OF HEARING ON ASSESSMENT FOR TREATMENT AND REMOVAL OF TREES 1989 The City of Fridley adopted Resolution No. 47 - 1981 on April 6, 1981, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: the property must be homestead property, and the owner must be at least sixty-five (65) years of age or older, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed�by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general� policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds two (2) per cent of the adjusted gross income of the owners as determined by the most recent Federal Income Tax Return. The deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIB DAY OF , 1990. ATTEST: SHIRLEY A. HAAPALA - CITY CLEItR WILLIAM J. NEE - MAYOR Publish: Fridley Focus on August 22 and 29, 1990 FOR CONCURRENCE BY THE CZTY COUNCIL ELECTRICAL Killmer Electric 9702 -85th Avenue North Maple Grove, NIIJ 55369 Mayer Electric Corporation 5128 Hanson Court Minneapolis, MN 55429 GAS SERVICES Climate Designers 3149 - 162nd Lane Andover, MN 55011 Duane Palmer Cherie Holm Barry Gusk Domestic Mechanical 6667 W Old Shakopee Rd Bloomington, NIlJ 55438 Jon Engstrom Flare Heating & A/C of Gol. Val. Inc. 9303 Plymouth Avenue N, #104 Golden Valley, MN 55427 Richard Guerre Igloo Heating & Air Cond. Inc. 11440 Lakeland Drive North Maple Grove, MN 55369 Real Mechanical, Inc. 475 Gradle Drive Carmel, IN 46032 Donald Sufka Jeff Rowe Smith Heating & Air Cond. Inc. P.O. Box 465 Mound, MN 55364 Michael Smith GENERAL CONTRACTOR Brandvold Builders 5345 Colfax Avenue North Brooklyn Center, MN 55430 D & Ii Remodel ing 2201 Elliot Minneapolis, MN 55406 Dave Brandvold James Hulen Energy Experts Construction Co. Inc. 5736 Nicollet South Minneapolis, MN 55419 Craig conway Midwest Siding & Remodeling � 503 Andall Street Lino Lakes, MN 55014 Pat Ready LzcENSEs STATE OF MINN Same CLYDE WILEY Bldg/Mech Insp. Same Same Same Same Same DARREL CLARK Chief Bldg Ofcl Same Same Same 23 Pacific Pools 6922 - 55th Street North Oakdale, MN 55109 Rainbow Construction 1715 - 133rd Lane N.E. Ham Lake, MN 55304 Shep's Constructions 2177 Shady Wood Road Wayzata, MN 55391 HEATING Carlson Refrigeration 443 Hoover Street N.E. Minneapolis, MN 55413 Climate Designers 3149 - 162nd Lane Andover, MN 55011 Domestic Mechanical 6667 W Old Shakopee Rd Bloomington, NIlJ 55438 Bill Dornseif Chris Viger Mark Shephard Robert Juris Barry Gusk Jon Engstrom Flare Heating & A/C of Gol. Val. Inc. 9303 Plymouth Avenue N, #104 Golden Valley, MN 55427 Richard Guerre Gilbert Mechanical Contractors Inc. 3012 Clinton Avenue South Minneapolis, NIIJ 55408 Don Gilbert Igloo Heating & Air Cond. Inc. 11440 Lakeland Drive North Maple Grove, MN 55369 Donald Sufka Smith Heating & Air Cond. Inc. P.O. Box 465 Mound, MN 55364 Michael Smith MOVING Otting Souse Movers 11640 East 275th Street Lakeville, MN 55044 Bill Otting PLUMBING Domestic Mechanical 6667 West Old Shakopee Road Bloomington, MN 55438 Lanar Plumbing 6945 Queen Street Greenfield, MN 55357 Paul Bachman Ivan Lanars Same Same Same CLYDE WILEY Bldg/Mech Insp Same Same Same Same Same Same STATE OF MINN STATE OF MINN Same 23B 23C Sydloski Plumbing 6624 - 81st Avenue North Minneapolis, MN 55445 John Sydloski Same r i OWNER 2 FOR CONCURRENCE BY THE CITY COUNCIL LICENSEB August 13, 1990 Page 1 �LOCATION OF BUILDING UNITS FEE F. Gordon Torgerud 322 Kelsey St. Rt. 3 Delano, MN 55328 Donald Topel 24700 109th Ave. N. Rogers, MN 55374 Hong & Piau c/o Dai-Shen & Grace Hong 2298 17th St. NW New Brighton, MN 55112 John Czech 1417 Mississippi St. New Brighton, MN 55112 (same as above) Nathan Schwartz 5916 Medicine Lk. Rd. Mpls, MN 55422 (same as above) (same as above) R. James Day 3242 Sandeen Rd. Arden Hills, NIlJ 55112 Kersi & Krishna Jain 625 Owasso Blvd. Roseville, MN 55113 River Road East Corp. C/o KES 8100 12th Ave. S. #200 Bloomington, MN 55425 Jo Ann Cirks Shar-Ann Properties 3948 Central Ave. NE CoZumbia Hts, MN 55421 A.P. & June Nichols 6949 Hickory Dr. NE Fridley, MN 55432 6534 Central Ave. 6542 Central Ave. 7190 Central Ave. 6501 Channel Rd. 6531 Channel Rd. 101 Charles St. 179 Charles St. 180 Charles St. 5940 E. River Rd. 5950 E. River Rd. 4 36.00 4 36.00 4 36.00 4 36.00 4 36.00 12 49.00 12 49.00 12 49.00 12 49.00 12 49.00 6540-50 E. River Rd. 141 307.00 6551 E. River Rd. 7091-93 Hickory Dr. 11 49.00 3 36.00 APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR FOR CONCURRENCE BY THE CITY COUNCIL August 13, 1990 OWNER Richard Dempsey 10425 28th Ave. N. Plymouth, MN 55441 Bigos Properties c/o Ted Bigos P.O. Box 22464 Robbinsdale, MN 55422 (same as above) Tom Adams P.O. Box 915 Springfield, TN 57172 Lynde Investment Co. c/o Robert Shapiro 9801 Oak Ridge Trail Hopkins, MN 55343 (same as above) (same as above) Milton & Ellen Hughes 4410 Douglas Dr. S. Mpls, MN 55416 (same as above) (same as above) Arno & Marjorie Rosin 7400 Lyric Lane NE #2 Fridley, NIl�T 55432 John & Deborah Mastley 1226 148th Lane Andover, MN 55304 Ronald Lafond & Helen Lafond-Lewascko 12621 Uplander St. NW Mpls, MN 55433 Maynard & Elayne Nielsen 7144 Riverview Terr. Fridley, MN 55432 �LOCATION OF BUILDING 6341 Hwy. 65 5100 Horizon Dr. 5101 Horizon Dr. 430 Ironton St. 910 Lynde Dr. 950 Lynde Dr. 990 Lynde Dr. 6670 Lucia Lane 6680 Lucia Lane 6690 Lucia Lane 7400 Lyric Lane 6019 Main St. 140 Miss. St. 157 Miss. St. 23 LICENSEB Page 2 UNITS FEE 10 49.00 5 36.00 5 36.00 3 36.00 11 49.00 11 11 16 49.00 49.00 57.00 16 57.00 16 57.00 8 49.00 4 36.00 4 36.00 4 36.00 APPROVED HX R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR FOR CONCURRENCE BY THE CITY COUNCIL LICBNSEB August 13, 1990 Page 3 OWNER Chris Jelevarov 6477 Riverview Terr. Fridley, MN 55432 Chris Jelevarov 6477 Riverview Terr. Fridley, MN 55432 713 Company, 26 Western Terrace Golden Valley, MN 55426 Thomas Wolff 5269 Matterhorn Dr. NE Fridley, MN 55432 Expert Realty Mgmt. 7300 France Ave. S. #322 Edina, MN 55435 Judith Richoff 6001 2nd St. Fridley, MN 55432 Herbert Aaker 8842 North Brook Ave. Brooklyn Park, MN 55428 Arnold Aspenson 112 71 1/2 Way NE Fridley, MN 55432 Chester Gromek 3600 36th Av� NE Mp1s, MN 554 8 Paul Johnson 2891 N. Fairview Ave. Roseville, MN 55113,� Alphonse & Regina Klisch 1617 4th St. NE Mpls, MN 55413 23 -LOCATION OF BUILDING UNITS FEE 160 Miss. St. 4 36.00 6471-77 Riverview Terr. 3 36.00 221 Satellite La. 12 49.QOj 5770 2nd St. 5801 2nd St. 6008 2nd St. 6061 2nd St. 6510 2nd St. 6511 2nd St. 6525 2nd St. 6530 2nd St. 8 49.00 3 36.00 4 36.00 4 36.00 � 3 36.00 4 36.00 7 36.00 4 36.00 Progressive Properties . 6541 2nd St. 5 36.00 1465 N. Danube Rd. NE Fridley, MN 55421 (same as above) 5770 2 1/2 St. il 49.00 APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR I / I I OWNER FOR CONCURRENCE BY THE CITY COUNCIL August 13, 1990 John Conda 5237 Interlachen Blvd. Mpls, MN 55436 John Rasmussen 8855 230 St. Lakeville, MN 55044 Richard Gesino & Linda Epperly 3933 Hayes St. Columbia Hts, MN 55421 Mike Mezzenga 2917 Wooddale Dr. Mounds View, MN 55112 Richard Gesino & Linda Epperly (same as above) (same as above) Dale & Bernadette Knott 2000 Fairway Dr. Mpls, MN 55421 Herbert Aaker 8842 North Brook Ave. Brooklyn Park, MN 55443 John Miller 5009 Univ. Ave. NE Mpls, MN 55421 (same as above) (same as above) (same as above) Milton Carlson 5035 3rd St. NE #6 Fridley, MN 55421 Bigos Properties c/o Ted Bigos P.O. Box 22464 Robbinsdale, MN 55422 �LOCATION OF BUILDING 5800 2 1/2 St. 5846 2 1/2 St. 5900 2 1/2 St. 5901 2 1/2 St. 5908 2 1/2 St. 5916 2 1/2 St. 5980 2 1/2 St. 6060 2 1/2 St. 4965 3rd St. 4985 3rd St. 5005 3rd St. 5025 3rd St. 5035 3rd St. 5200 3rd St. LICENS$8 Page 4 UNITS FEE 4 36.00 6 36.00 7 36.00 4 36.00 7 36.00 7 36.00 4 36.00 4 36.00 11 49.00 11 49.00 11 49.00 11 49.00 7 36.00 11 49.00 APPROVED BY R.H. I�ARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR i OWNER FOR CONCURRENCE BY THE CITY COUNCIL August 13, 1990 'LOCATION OF BUILDING (same as above) 5201 3rd St. (same as above) 5230 3rd St. (same as above) 5231 3rd St. (same as above) 5260 3rd St. (same as above) 5261 3rd St. (same as above) 5290 3rd St. (same as above) 5291 3rd St. John Rasmussen 5955-65 3rd St. 8855 230 St. E. Lakeville, MN 55044 Duane & Marguerite Schwartz 5347-49 4th St. 2525 118th Ave. Coon Rapids, MN 55433 John Jensen 5419 4th St. 6070 6th St. Fridley, MN 55432 W.O.T.R.E. Assoc. 5400 5th St. 4061 Maureen Dr. #202 Mpls, MN 55421 Rinehart Kurtz 5420 5th St. 10401 asage St. Coon Rapids, NIld 55433 James Peng 5428 5th St. 6 West Logan W. St. Paul, 1�T 55118 Richard Tkaczik 5450 5th St. 12323 Gladiola NW Coon Rapids, MN 55433 Roscoe & Harriet Smith � 5451 5th St. 370 N. Arm Ln. Mound, MN 55364 I.ICENSES Page 5 UNITS FEE 11 11 11 11 11 11 11 4 49.00 49.00 49.00 49.00 49.00 49.00 49.00 36.00 3 36.00 4 36.00 4 36.00 4 36.00 4 36.00 6� 36.00 32 89.00 APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR OWNER FOR CONCURRENCE BY THE CITY COUNCIL August 13, 1990 'LOCATION OF BUILDING Anthony & Evangeline Nicklow 5400-2 7th St. 1150 Heritage Orono, MN 55391 Kenneth Franko 5612 7th St. � , 15780 125th Ave. N. Dayton, MN 55327 (same as above) 5640 7th St. Bigos Properties 215 53rd Ave. P.O. Box 22464 Robbinsdale, MN 55422 (same as above) 305 53rd Ave. David Rust 262 57th Pl. 5735 Quincy St. NE Fridley, MN 55432 William & Linda Toivonen 359 57th P1. 7243 Newton St. N. Brooklyn Ctr., MN 55432 Daniel O'Neill 390 57th P1. 390 57th P1. NE #2 Fridley, MN 55432 Fit Bar Enterprises 151 59 1/2 Way 1550 Utica S. �485 - Mpls, MN 55416 George Knoll, Jr. 1270-76 72nd Ave. 1923 40th Ave. Mp1s, MN 55421 Reshetar Systems 1441 73rd Ave. Gary Reshetar/Mike Taylor 4707 Lyndale Ave. S. Mpls, MN 55430 Ii.D. HalliwiZl 361 74th Ave. 4635 St. James Excelsior, MN 55331 Tag Properties 181 79th Way 2540 131st Ave. NW Coon Rapids, MN 55433 LICENSEB Page 6 UNITS FEE 3 36.00 11 49.00 11 49.00 4 36.00 7 36.00 8 49.00 8 49.00 4 36.00 12 49.00 4 36.00 18 61.00 8 49.00 8 49.00 APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR � 23J � FOR CONCURRENCE BY THE CITY COUNCIL L2CEN8E8 �� August 13, 1990 Page 1 OWNER 'LOCATION OF BUILDING UNITS FEE David Halek 7313-15 Able St. 2 24.00 10901 Eagle St. NW Coon Rapids, MN 55433 Stanley Meinen 7349-53. Able St. 2 24.00 3223 W. Owasso Blvd. St. Paul, MN 55126 Reggie or Darby Truehl 7365-67 Able St. 1 12.00 7365 Able St. Fridley, MN 55432 George Lunde 7401-03 Able St. 2 24.00 545 Rice Crk. Blvd. NE Fridley, MN 55432 • Donald Koss 7447-49 Able St. 2 24.00 4207 Fillmore St. NE � Columbia Hts., MN 55421 John & Kathleen Baumhofer 7463-65 Able St. 2 24.00 4310 E. Tanglewood Dr. Phoenix, AZ 85044 Calvin Dahlquist 6446 Ashton Ave. 1 12.00 3425 109th Lane Oak Grove, NIIJ 55432 Daniel Nelson 6070 Central Ave. (f) 1 12.00 6080 Central Ave. Fridley, MN 55432 (same as above) 6070 Central Ave. (r) 1 12.00 Gregg Hinz 6600-04 Central Ave. 2 24.00 7736 Lakeview Lane Spring Lake Park, I�i 55432 William Ouellette 7432 Concerto Curve 1 12.00 7848 Miss. Ln. Brooklyn Park, 1�T 55444 John & Rebeka Chismar 6428-30 Dellwood Dr. 1 12.00 6428 Dellwood Dr. NE Fridley, MN 55432 Toivo Avikainen 5512 E. Bavarian Pass 1 12.00 10 E. James St. Ely, MN 55731 APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR � 23K ' FOR CONCURRENCE BY THE CITY COUNCIL LICEN8E8 F�p� August 13, 1990 Page 2 OWNER 'LOCATION OF BUILDING UNITS FEE George & Nell Davis 6210-20 E. River Rd. 2 24.00 �O1 Xerxes Ave. N. Mpls, MN 5�5430- Kenneth & Leta Thormtom & 7325-27 Evert Court 2 24.00 Steve & Carol Butgusaim 8117 Pleasant View Court St. Paul, MN 55112 Wayne Nelson 7330-32 Evert Court 2 24.00 2179 17th St. NW New Brighton, MN 55112 Sartaj & Neeta Sahni 7335-37 Evert Court 2 24.00 3 Hill Farm Circle North Oaks, MN 55127 John Levander & Nancy Owen 7345-47 Evert Court 2 24.00 5032 Garfield S. Mpls, MN 55419 . Gary Muske 1301-03 Fireside Dr. 2 24.00 2321 Stinson Pkwy. Mp1S, MN 55418 Michael Betz 7865-69 Firwood Way 2 24.00 2712 Terrace Dr. Burnsville, MN 55337 Kirylo & Zita Czichray 7879-81 Firwood Way 2 24.00 147 Craig Way Fridley, MN 55432 Viola Froneyberger 7883-85 Firwood Way 1 12.00 7885 Firwood Way NE Fridley, MN 55432 Clarence & Lillian Fischer 7893-97 Firwood Way 1 12.00 7897 Firwood Way Fridley, MN 55432 Dave Ryan 7095-99 Hickory Dr. 2 24.00 1�41 98th Ln. NW Coon Rapids, 1�IIJ 55433 � Jerome & Raye Thampson 411-13 Ironton St. 2 24.00 731 98th Lane NE Blaine, NIId 55434 APPROVED BY R.H. LP,RSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR OWNER FOR CONCURRENCE BY THE CITY COUNCIL August 13, 1990 �LOCATION OF BUILDING Carver Park Rentals 421-23 Ironton St. Randy Crowell & Paul Muesing 4300 Nicollet Ave. Mpls, MN 55409-2033 Forest Cornelius 4020-22 Main St. 4020 Main St. NE Fridley, MN 55421 Paul & Susan Gaydos & David 4042 Main St. & Beverly Menken 375 Belmont Lane E. Maplewood, MN 55117 Tom Blomberg 4591-93 Main St. 961 Hillwind Rd. Fridley, MN 55432 Frank Schoenberger 5857 Main St. 435 57th Place NE Fridley, MN 55432 Daniel Wintersteen 6671-81 Main St. 6661 Main St. Ne Fridley, MN 55432 Carver Park Rentals 1237-39 Norton Ave. Randy Crowell & Paul Muesing 6718 Hallmark Dr. Eden Prairie, MN 55344 Susan Williams & 1270-72 Norton Ave. Philip Rustad 5568 W. Danube Rd. NE Fridley, MN 55432 Dowie Bouma 1285-87 Norton Ave. 16165 Bass Lake Rd. Maple Grove, MN 55369 Bang Nguyen & Phong Doan 1392 Osborne Rd. 9790 Monroe St. NE Bl-aine, MN 55434 Robert Shimanski 6335 Pierce St. 8025 Garfield St. NE Spring Lk. Pk., MN 55432 23L LICBNSEB Page 3 UNITS FEE 2 24.00 1 12.00 2 24.00 1 12.00 1 12.00 2 24.00 2 24.00 2 24.00 2 24.00 1 12.00 2 24.00 APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR . = 23 FOR CONCURRENCE BY THE CITY COUNCIL I.ICENSEB f�� August I3, 1990 Page 4 OWNER 'LOCATION OF BUILDING UNITS FEE Jerry Jacobson 6401 Pierce St. 2 24.00 3846 Independence New Hope, MN 55427 Thomas & Margaret Brickner 1441-43 Rice Creek Rd. 1 12.00 6240 Hwy. 65 NE #208 Fridley, MN 55432 Ray or porothy Burchett 6100-02 Star Lane 1 12.00 6100 Star Lane NE Fridley, MN 55432 George Winiecki 6150-56 Star Lane 2 24.00 2732 Hwy. 10 NE Mounds View, MN 55432 Robert Dove 7385-8? Univ. Ave. 2 24.00 7505 Jackson St. NE Fridley, MN 55432 Sylvia Holmen 5816 2nd St. 1 12.00 5816 2nd St. NE Fridley, MN 55432 Robert Hosman 5940-42 2nd St. 2 24.00 281 Sylvan Ln. Fridley, MN 55432 Judith Rickhoff 6001-03 2nd St. 1 12.00 6001 2nd St. NE Fridley, MN 55432 A1 Bates 5783-5 2 1/2 St. 2 24.00 ' 724 51st Ave. NE Mpls, NIIJ 55421 Ring Benson Apts. 5069-71 3rd St. 2 24.00 c/o Charles Benson , 5808 W. 78th St. Edina, I�Il1 � 55435 J& B Properties 5339 4th St. 2 24.00 c/o William Frauly 169 Crown Rd. NE Fridley, MN 55421 . . Stephen & Doreen Lischalk 5357 4th St. 1 12.00 13325 James Ave. S. Burnsville, MN 55337 APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR � - _ - 231 � FOR CONCURRENCE BY THE CITY COUNCIL LICENSEB �j�y August 13, 1990 Page 5 OWNER 'LOCATION OF BUILDING UNITS FEE Maode Yueh 5810-12 4th St. 1 12.00 5812 4th St. Fridley, MN 55432 Ruth Magnuson 5830-32 4th St. 1 12.00 121 Washington Ave. S. #302 Mpls, MN 55401 Karen Besch 5840-42 4th St. 1 12.00 5840 4th St. NE Fridley, MN 55432 . Gary Muske 5850-52 4th St. 2 24.00 2321 Stinson Blvd. Mpls, MN 55418 William Guenther 5860-62 4th St. 2 24.00 643 Rosedale Rd. NE Spring Lk. Pk., MN 55432 Roy Erickson 5900-02 4th St. 2 24.00 4325 Vincent Ave. N. Mpls, MN 55412 Timothy Parker 5916-18 4th St. 2 24.00 7316 Humboldt Ave. N. Brooklyn Pk., MN 55444 Ellert Ihlan 5924-26 4th St. 1 12.00 � 5924 4th St. NE Fridley, MN 55432 Michael & Bonnie Carroll 5932-34 4th St. 2 24.00 5323 Tyler Riverside, CA 92503 Steve Heinecke 5365-67 5th St. 1 12.00 5365 5th St. Fridley, MN 55432 � Ted & Elaine Shirley 6242-44 5th St. 2 24.00 2800 Huntington Ave. Mpls, MN 55416 (same as above) � 6252-54 5th St. 2 24.00 Douglas Finch 6262-64 5th St. 2 24•00 7151 Knollwood Dr. Mounds View, MN 55112 APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR � F�aEY OWNER FOR CONCURRENCE BY THE CITY COUNCIL LICEN8E8 August 13, 1990 Page 6 �LOCATION OF BUILDING UNITS FEE Ted & Elaine Shirley 6272-74 5th St. (same as above) Timathy Fietek 5346-48 6th St. , 15 102nd Ave. NW Coon Rapids, MN 55433 Timothy Wheeler 5600 6th St. 5602 6th St. NE Fridley, MN 55432 Kenneth Hafner 5612-14 6th St. 10239 Raven St. NW Fridley, MN 55432 Darlene Hafner 5618-20 6th St. 10239 Raven St. NW Fridley, MN 55432 Rodney Billman 6300 'Ith St. 151 Silver Lk. Rd. New Brighton, MN 55112 (same as above) 6310 7th St. (same as above) 6350 7th St. (same as above) 6360 7th St. (same as above) 6380 7th St. Tom Olin 541 53 1/2 Ave. 136 Rivers Edge Way NE Fridley, MN 55432 John Saccoman 451-53 54th Ave. 7616 N. Douglas Dr. Brooklyn Park, MN 55443 Robert Russell 217-19 57th Place 3025 Jersey Ave. N. Mpls, MN 55427 Meyer & Joanne Broder 276-78 58th Ave. 278 58th Ave. NE Fridley, MN 55432 30 2 24.00 2 24.00 2 24.00 2 24.00 2 24.00 1 1 z 1 1 2 ].2.00 ]2.00 �. o0 12.00 1.2.00 24.00 2 24.00 2 24.00 1 12.00 APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR FOR CONCURRENCE BY THE CITY COUNCIL August 13, 1990 OWNER Rodney Billman 151 Silver Lk. Rd. New Brighton, MN 55112 (same as above) (same as above) W.E. Doelz 4928 Washburn Ave. S. Mpls, MN 55410 (same as above) Gary & Thomas Obrycki 6267 Kerry Ln. Fridley, MN 55432 Gordon & Alta Johnson 6944 Camino Degrazia San Diego, CA 92111 Gary Muske 2321 Stinson Pkwy. Mpls, MN 55418 (same as above) (same� as above) Dennis Kugler 8331 Terrace Rd. NE Spring Lk. Pk., NIN 55432 �LOCATION OF BUILDING 401 63rd Ave. 415 63rd Ave. 445 63rd Ave. 90-100 63 1/2 Way 70-80 63 1/2 Way 105 71 1/2� Way 1333-35 73rd Ave. 1581-83 73rd Ave. 1591-93 73 Ave. 1590-94 73 1/2 Ave. 1560-64 73 1/2 Ave. LICENSEB Page 7 UNITS FEE 1 12.00 1 1 2 ]Z.00 12.00 24.00 2 24.00 1 12.00 2 24.00 2 24.00 2 2 2 24.00 24.00 24.00 APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR OWNER 23Q FOR CONCURRENCE BY THE CITY COUNCIL LICENSEB August 13, 1990 Page i �LOCATION OF BUILDING UNITS FEE Darrel Farr Rentals 5821 Cedar Lk. Rd. St. Louis Park, MN 55416 Mr. & Mrs. Crohn 8021 Aenon Place Lino Lakes, MN 55014 Earl Hagg 2181 Princeton Ave. St. Paul, MN 55105 Angeline Sewall 15340 Afton Dr. Clifton, MN 55001 Michael Pasek 2525 Players Ct. #1210 Dallas, TX 75287 Darrel Farr Rentals (same as above) 1601 N. Innsbruck Dr. #102,109,116,118,151, 154, 173,174,190,251,261 284,325,333,337,345 1601 N. Innsbruck Dr. #119 1601 N. Innsbruck Dr. #140 1601 N. Innsbruck Dr. #141 1601 N. Tnnsbruck Dr. #144 1601 N. Innsbruck Dr. #157,161,165,167,176 371,121,125 Emmett & Lorraine Gosselin 1601 N. Innsbruck Dr. 6872 7th St. NE #178 Fridley, MN 55432 Cheryl Gooper 1601 N. Innsbruck Dr. 4136 Pleasant Ave. S. #186 Mpls, MN 55409 Steve & Sandy Mackenthun 1601 N. Innsbruck Dr. 5502 W. Danube Rd. �206 Fridley, MN 55432 Leesa & Donald Betzold 1601 N. Innsbruck Dr. 1601 N. Innsbruck Dr. #201 #259 Fridley, NIN 55432 Richard Poston & Robert Gales 1601 N. Innsbruck Dr. DBA PG Associates #266 3707 IDS Center Mpls, MN 55402 16 57.00 1 12.00 1 12.� 1 12.00 1 12.00 8 49 . � 1 12.00 1 12.00 1 12.00 1 12.00 1 ]2.00 APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR OWNER FOR CONCURRENCE BY THE CITY COUNCIL August I3, 1990 ��LOCATION OF BUILDING LICSNBEB Page 2 UNITS FEE Elizabeth Farr 1601 N. Innsbruck Dr. DB.A EAF Rentals #265 5422 Meister Rd. Mpls, MN 55432 Teresa Ault & Kristin Linder 1601 N. Innsbruck Dr. 3890 Highland Dr. #270 Shoreview, MN 55126 Schwieters & Assoc. 1601 N. Innsbruck Dr. 8383 Sunsnet Rd. NE #275 Spring Lk.Pk., MN 55432 Ken & Ann Stagg 1601 N. Innsbruck Dr. 7390 Park View Terr. #311 Mounds View, MN .55432 Sandra Rocca 1601 N. Innsbruck Dr. P.O. Box 12845 #317 New Brighton, MN 55112 William Bliss 450-#il 75th Ave. 4150 Thomas Ave. N. Mpls, MN 55412 1 72.00 1 ]2.00 F�y��:�l i�j►��I�] 1 12.00 1 12.00 APPROVED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR � 1 �� GNOF FRIDLEY FOR CONCURRENCE BY THB CITY COIINCIL AIIQIIST 13, 1990 Herrick & Newman 205 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, NIId 55432 Services Rendered as City Attorney for the Month of July, 1990 . . . . . . . . . . $ Newc�zist & Ekstrum, Chartered 301 Fridley Plaza Office Bldg. 6401 University Avenue N.E. � Fridley, MN 55432 Services Reridered as City Prosecuting Attarney for the Month of June, 1990 ......$ Gammon Bros., Inc. , 13845 Northdale Boulevard Rogers, MN 55374 24 ESTIMATES 4,221.62 7,870.00 Street Improvement Project No. ST. 3989 - 1& 2 FINAL ESTIMATE . . . . . . . . . . . . . . . . $ 62,133.22 �Valley Paving, Inc. 8800 - 13th Avenue East Shakopee, MN 55379 Street Improvement Project No. ST. 1990 - 1 FINAL ESTIMATE: . . . . . . . . . . . . . . . . $ 33,917.76 Karlen Construction 901 125th Avenue N.E. Blaine, MN 55434 Flanery Park Shelter Project No. 206 Estimate No. 3 . . . . . . . . . . . . . . . . . $ 17, Z20. 90 .�-�::-ra �?.�zEb r.t: _,r F�I:! �i F!��_:: M�;IiJ ?EfA3;KZki b�i: :�IIiV:"�ii! R'rE'+:9: h.F . =k:?l:Y, �:4AkEavTA `r.+;Z �~:k: �ity o= friQley E^;:�:ee�:^; C:��tsic:� kE:.Estixa'.e Kc. !s tFtNAL' ?er;ed "e^�:n�� 5-1t-'+t `J ` ':. �^.RO,•i:iF ?}2Y:! 8"C� �1t1� �::�:::: Cii! uf =r:�ier b»i? �'!:ti`E!'9:�; �i1'�"?�? i.., r: :�dl6:`�',' c'CS., I�L. F�:t:°1, ."•tr:ne=_:�ta `.s'. ::B4` F�r:e9a!e :'!�•c, � . !•��C�!5; M�: v�? Y :e:{T �q ���� . 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(EeIY 1-IrcR Ni�e ,,►aker, �ellew tine- 4-IncA Nide scl:d rnite li.^.e - �-I�ch Nide sclid ye11oM line - 2t-:�ch �ide sc?i� rrllor l:ne ��1J�►,T [a :'�= . v'ni '!'+:'' ..=�;?'.'. E�=tz_ 4;:: =..'i°a"� I�'�: :• iL c, �r:. '1. j �GL �,�"s� �� �:. �, _,;3 :5 2,EB� e�e 418 !:50 9E 3@� ;, ege 3,88a 1,i80 JI S58 27� 35� 4 3 1,4�a 6 2g� 3e@ aae iea ::° - .�. . �i�.=c :i_ :3�'.c� "cn;� �..8 �i, i`3. z.�e �a. �i. a_,: ..,• 5;. Y:. 1.�E �:i. �t. 4.8b li�. Ft, 4E.8@ !!�:sl. 5.?c Tcas !:.s} ���� 1.28 6a1. 13.iB Ta�e 133.1: Tor.S � 1.@B '_in. F!. 4.ea �i�:. Ft. 5.54 C;t. Y�. 7.88 Tans t33.l2 ?ons 11.54 Tons 13.t8 T�ns i.za sz:. �Q�.QB :d!A �28.�@ Each 4.2E Lin. Ft. 1�9.ZP :ach !.38 l:a. Ft. I.38 :in. Ft. l.�3 lin. Ft. 8.32 s:n. Fk. � a 8 � 8 e @ e @ e 6 2 8 8 1 e e :� i4 3J�� ���� 3 �# ?68i �S 27,ii �z� i6� 85 �5 �� 4aee 3888 1437 �0 383 328 b8 4 3 12:8 6 44 131 Z?8 �� �Q'�*t CdL i!t j � i=i�.�E ��zr.e� 45��.�? �.���. �_ 3.�3 Jg.�$ 1�944.8� 6ze, aa i 8�s:. aa 1�59?.`�B 19Z.8@ 111:,.Y9 7321.08 388.88 ibeae, ae 16628.�8 1@8.9.�� 5324.8@ 44:9.82 4:92.88 7?.88 �ee. ea aba. ea S1EB.68 e55.;1 55.28 189.l►, 3�3.68 524.16 r-: �6-�Lt-sa �►�e�-Eu :58 to�c�ete va!ley �utter Relccate Nycra^t PtiF? C, Phaee .I Re�ov� concret: cu-h S� gutter Reeave pi�e eer�rs Reaove hite�ir.aus �ave�srt R20CV2 CdfCh �d=.:RS Cont.i ezcavatic^ lluck Ezcaratea^ S�l�tt qri�ula horrew B:a.R d:ft L`C�:'OR ity^�. �dia �iii3 :� ►��z '.'1l5�:?r kit;:a:*„►� :ate-:e: l�► �iziure ?:;;�:- �::•:e ai::�r� :?!o:.! i�2�:':^.y �G..'�� !:':::!.° f!:��.} :i!_-:��:;15 R2:��._. f�r 'tatY c: f2-i�_� �t�. �iEa iw'SR�T r�` �•.r: -�- Tie :r::a eti:::•:g �_r`.Ie �a_�E�S :.-�c_a ai:el casi^:g 6-:�=k ?r; per=cratEd �iFe k:th =i!ter fahri: k r�rk beCd:ng k�;cst gi:e ve?ve �:, �G^''stf!tt; 5}C!3 i3.^.!:.iE �!J15:!J:t �.4.� L?5!�(! ..P.4 Ad;us: i��ee ar� �iig castir,g b-:r.ch c�r.:rete ap-�n r/eash C.n:rcte _�rb & gutter, D'cS B-b Turn arr�N pave�ert Aess. fpoly 4-tn;h �i�e b�okei ye21oM line 4-?nch N:de sulid white line Po 4-?rt�h Niie salid ye:laM line p 21-Iach wide ��led yellew line 4-Inch Nide broien ye�loM line Sad PAAi D, PhaSe I Caeeon Excavation 6raaular porrow Tcp-Scil borroM So� Re�ove cortcrete cur� i� qutter Conc. curb i gutter 18-b18? AggnQate base Class S Instill 9' chiin link fen:e 54' dcuble-srin ga!e Relocate dydran: Hitu�ineus ��te�iil for tack co Mear ca:rse �ixtu�e Binder course �i�ture 9itu�inous �iteri�l for �i:ture : Valve Eoz �djustients Adjust f�t�e �nd riog ��stiny pe�ove existinq 4ence Constrnct C.B. Design 'A' or "B 15a 7.�4 lin. Ft. ! 1,725.88 Each 4,381 .�B te,e�e 6 12,8�'2 ��a tY,a�e .�? i��8� 1': 1�►�2 , , se:� � :�� .,.�� .J� .o� I :OL 1�l�8 ? 35 � 9 450 �,�8?� 8 48¢ Ie8 i4@ 48 388 eeee 2,588 i!8 15s l, li1 1,418 4�37a 2,�8 971 1 i 1,11a S96 79i 131 3 4 88t 2 1.@� Lin. Ft. �.82 Li�. Ft. e, s� �G. �c. !b5.6@ Ez:h t.9a c�. r�. �.ae ��, ra. 3.v� .;:. Yc. 6.8� �u. �d. b.8@ -ors 133. t? T+��=_ i:.�4 iGnS . _. E � �v.".5 :.:� o�:. ?:.21 ti-:. =t. Ltr��G f 1�}� e f• �7�.£� �?ch !iS.E� Li�. �:. ?.@Q �in. =>.. 1i0.@8 EatF 1B5.9B L:rt. �t. 1,,82,@C Each 1?0.�0 :a=h lE.32 �:;. Yd. 4.89 Lin. ft. 189.28 Each t.38 lin. Ft. :.38 lin. Ft. 1.38 Lin. Ft. B.32 Lin. Ft. 1.38 Lin. ft. 2.18 Sq. Yd. 2.bB Cu. 11d. 5.48 Cu. 1fd. 6.88 Cu. Yd. 2.18 Sq. Yd. l.88 Lin. Ft. 1.l9 Lin. Ft. 5.36 Tons 11.35 Lin. Ft. T,162.l0 EicA c,sea.ee Eich 1.�8 6i1. 13.18 � Tons 11.54 Ta�s 133.1Y Tons iee.ae E�cA i�.ee E��n 2.88 Lin. Ft. 645.11 Eicb a i�a ue�.ea e t u2�. ea 8 8 8 8 a ��i a e 6 8 � : a @ a 8 � � 8 � 1 a 8 8 8 8 B � 8 e e 1388 388 ieeea � i2eea e�; t:eaQ .i28 {�;Z :�3 :3�: .�.4 4 %� 1�8 : as 1 :6� 22�8 3 36 b t3 34? 4211 3 36� 73 1�7 51 B 888@ z�eo iea 616 82bS 19B1 4313 2146 971 1 i 635 ie�s 13�8 LSI s s 881 2 1388.@@ 76@.E� 58�1.�8 94�.8� 2a�:s.aa 2475.�9 4�zeQ. �a :4e�.e� .6i7@.�� �.8::.:1 2'?:i. :� :�SE_.�' ��a.�z a$�0.�� ,a�:�.�o 3;�,3d 15���.@� ?�2�8.�@ 3�?.Ba 37E�.8� 92�8@. �@ :`s5@.�@ 56E�.@4 1?2?2.9� 327.b� 52�.48 1@@.14 26T.@6 416.88 8.88 11449.9A 7eze. �e s4e. ea 363b.l8 18811.11 19B8.E8 i�aae.ia 11234.56 11889.5g 2lbZ.88 lsee.ee 76?.e1 1�344.51 lSS�S.IZ 19968.IB see.,v �e.�e l7bl. i8 134�.l� 24C 26-J�l-sa �,�P�aTE: 22' RCP stor� serret 1B8 21.t� lin. F:. 1 188 ?18A.11 Yater 15 1i.88 M/6i1. 8 ! B.ea F�ring stone 16,788 2.38 Sq. Ft. 1 643d 15452.Ba 6' concrete : r.veray pive�ent 58 15.38 Sq. Yd. A 1 0.8a Ccncrete v�I:?r g�tter 12B 7.3� lin. Ft. 8 92 b15.2B Reeadel existin; park entr:nce 1 1,756.l8 E�ch A 1 t156.10 Ita�+ay saples 2-2f.' tb tc b4 11 196.1@ Each e 11 215b.28 Revi�e trafrit to^!-�1 sigr.al z 1 98,a8@.1a Systee @ 1 48a8�.8a 4" Ki�e ,�hite tra4ric iine sttipir.q poly-prefar� 2�2Bd 1.38 Lin. Ft. 8 ib52 2279.?6 5' Nice k`:ite rety-prefo�e 165 1.95 L:n. Ft. 8 1 �.8a 1Z' wiiR w�.ita �ol�-r�e4ora 1,l�3 3.8� !ir.. ft. 8 !?�b 475�.b0 Str.i�ht a�rors tpcly-�refcr�� !? 119.Q8 Each 9 12 13_B.a@ Lsr# ���crs lrcly�rre�o�i> 1� :1a.88 E3ch 8 I@ 113@.@� �;y�� arrC►'s �pc�y-arefor�; B 11�.Zb Each B 8 8�0.�� faYeqeat �a=.��,es !,C+C2f't'.!'e'ar� �Z 14s.8� Eezh 8 17 �48=.f� �e-iccate :i;`�t 5asr 1 ��3�.8$ L.4. @ I 443E.�D F�R" c, =nas=. : �:�u'.lt•L;tS d'2V�M3Y5 i,5a8 9.p� 5�. Y�. � � �•�Q �Mr46c '�fi.Gc? t 2 5` FyC Sani`a•y Szw�r :8-?8"? 595 l6.t8 lin 7�,5 765 !'sS:8,58 Cors:r�.ct Minh.le 32 lbt.8@ � Lin 3i 31 5t�?.88 4' ?�C ssrv:ce Pifie . 28 8.85 Li� B 8 8.83 Se6� 4 dul�h 1 SIS.a� L.5 1 ! 515.88 T�E�C�1 SCdhiliz3±ian Rotk 188 ll.i9 ior 1@� 183 1i5�.@a C'rl�tic� GFJEk ! 3 CO!!FLETIOH DP.iE ADJL'SiM�t+T 1 -2�80 L.S 1 1 -2885.88 -----------------------------------------------------------------------���_��--- TDTAL 3698,1:4.48 SUMMARY: Original Corttract l�oant Rerised Contract A�ount tC.O.�t, C.O.#2 i C.Q.l31 Vilue Cwpleted Tc Date A�amt Retiined I!I! ltss Mount P�id Preriouslr RMOUNT DUE THIS ES�IMATE 4 CERTIFICATE OF 1NE CONTRAC1�t �;' _ f671,6Z8.34 t118,451.8� =698,12�.48 se.ee f63S,491.2b fb1,133.22 �� ���- `��`.'�r � �xr, ,� �' ■ 24D 26•Jul-98 UPDATED 1 Aereby cer!ify th�t the Mork perfor�ed and the �aterials supplied to date under the t con;rict fo� this project� �nd �11 iuthorized ch�nges thereto, have in ictual ralue urtd of t e a�onnts shaMn on this esti�ite fand the finil qu�ntities on tbe final estiute a th� this esti�ate is just aad correct and no part of the 'A�ouot Due This Esti�ate' ha 81' 1�,�1�j�/�"' ��� Date --- �}! �"1Q-- rattcr�5 AilthOfllE� R2�resentative tTitle) CERTFFIC�TE OF T�E Eh.�INE:R I hereby certiiy tha± I h3re p�epa�ed o- ex3::ned this es±idate, ard that the :oitratto ic ra�ae�; o= t�is estisate unCgr the c��tract for re#erence projECt. CIT? CF F�??LeY, IN�?�C?OR 3} ��-J � V � ��� ��--� CheticeQ 9y -- -------•---------- — Date __ U _'� � ! � kesae:tfelty Snyeitted, 6.-Flora, P.E.- Iic Yorks �irector �' "`�' �.�,:� �.a� c` "� : . ,:: � . ��;� -� :i: a,'.-. � CITY OF FRIDLEY PIIBLIC 1POR1C8 DEPARTMENT BNGINEERING DIVISION 6#31 IIniversity Ave., N.$. Friaiey, MN 55�32 Auqust 13, 1990 Honorable Mayor and City Council City of Fridley C/O William W. Burns, City Manager 6431 University Ave., N.E. Fridley, 2+Qi 55432 Council Members: CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for Street Improvement Project No. ST. 1989 - 1& 2, for Gammon Brothers, Inc., 13845 Northdale Blvd., Rogers, MN, 55374. We have viewed the work under contract for the construction of STREET IMPROVEMENT PROJECT NO. ST. 1989 - 1& 2 and find the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one-year contractual maintenance bond commence on Auqust 13, 1990. Respectfully submitted, John G. Flora Director of Public Works Prepared Checked 24F Auqust 13, 1990 24G To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY f�TREET IMPROVEMENT PROJECT NO. ST. 1989 - 1& 2 We, the undersiqned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that beinq ,�uqust 13. 1990. �� Auqust 13, 1990 City of Fridley STREET IMPROVEMENT PROJECT NO. ST. 1989 — 1& 2 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned pr.ojects in accordance with the plans and specifications heretofore approved. The final contract cost is $698,124.48 and the fi�al payment of $62,133.22 for the improvement project would cover in full, the contractor's claims aqainst the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. GA1�IIdON BROT8ER8 � INC. � ' ���,�--�_ �P Ric ard Gammon, P oject Superintendent 24H CITV OF FRIDLEIf PUBLIC Ii0kK5 DEPARTM�NT 6431 1�NIVERSIi'f AVEriUE N.E. FRIDLEr, MiKNES�TA 55432 FROM: City of Fridley Enqi^eering Qir:sion Ta: Honcr�ble M�Ycr a�d City Council City of Fridley I 6431 tb�iversity Av�rtue N.E. Fridley, Minneeota 5543? 4a1E: ai}FUSF 13, 1948 ' 5TREET I!'.°R3VE:IENT FRO�ECt S1. 2498-1 iQVEA! AYS! S i �STE!4eHT 0� i�O�.K 0 RE: Esti�ate No. 1 IFtNAt� Period Ending: 8-1!-4 d C�Q� 1 544-18-88A-9211 FL'R: YALLEY PpVIN6 INC 886@ t3TH AVE. E�ST SHkKLPEE, 14N. 55�79 ES�:i1�iTE� !:l3IT, Q�AhFITY THI5 j��� C^Ni�Ai.? IT�!t . @:�RNTFTY PRi�e L'NIT ESTIriRi: iOiAt Al40L+!iT ------------------------------------------------------------------------------ Valv� Bax A�lustcE^t 7 115.Ba Each 7- 7 8a5.8a Adjts*. Fraee And P.i^; Castirg :1 135.88 Each 18 � 1� 2�43�.88 Ysaring Course Mixt�ar� lintl�des cill la�fl ?a.8? Tan 1313 :373 ?8�65�.51 Bit�iinals !laterial For Tack C�at lbBB l.18 6allon 588 � 58@ 558.82 Class V 92 9.75 Ton 92 • 92 997.68 Con�on EYCtvztiar. 75 7.75 Cu. Yd. 75 � 75 581.25 �OTpI ---------------------*---____M���__������__� ��_��.__ __���__-----------f33s9l7.76 241 �� 6UMMARY: Driginal Contract A�cunt Ca�tract Rdditions ootract Qeductions evised Ccr+.ra�t Aac�lnt . �d:�,�O..COGr�at�L :Q �:d.a 4oti�lnt Re:a:neC t�7? ! ?55 AEQl:tft Paid P�erir,c:sly FKU��tii QJ_ IHIS E�T�t!A�E f18,773.?5 sa.e� 38.88 f48,773.75 f33,91T.7b �e.ea 30.88 f33,411.75 Cek?;FICA?E OF tNE C�NTkACT�R � I her�by c�rtifY !hst the Merk perfereed and the sateri3ls s��pplied to date und�r the teres of the contract for this ��ra;zct� and al! a�tda�ized cha�ge� thereto, have an act��al value :nder the c�ntratt af the a�ounts shoMa on this ESti�at� (ar,� the finai qua +ities on the ' e5tieate are cerrect?, and that this esti�ate is just and correct and no part of the 'A .�� :� as been r eired. �Y � - -- ------ ----- --- - --� Qate i�„!�l � or.�tractor's A�:th.rized Re�resentative lTitle) . CE�iTIF1CATE OF TNE EN6INEER I Aereby certify that 1 hive prepared or ezaiieed this estia�te, �nd that the contra�tor is entitled to pzy�ent of tAis esti�ate uoder the contra�t for reference pro�ect. CITY OF FRIDLEY, INSPECTOR �1 . ► _ �L�-.._. flat� _ � 3.�� � Respectfullr sub.itted, �_.� _�------ n 6. F1or��P.E. Public Morts Qirector : .. 24J August 13, 1990 24K To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR �ITY OF FRIDLEY STREET IMPROVEMENT PROJECT NO. 8T. 1990-1 (OVERLAY) We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, startinq from the day of the final inspection that being Auc3ust 13. 1990. ,l� August 13, 1990 24L City of Fridley STREET IMPROVEMENT PROJECT NO. ST. 1990 - 1 (Overlay) CERTIFICATI: OF CONTRACTOR This is to certify that items of the work shown in the statement � of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $33,917.76 and the final.payment of $33,9t7.76 for the improvement project would cover in full, the contractor�s claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. VALLEY CONTRACTING� INC. CITY OF FRIDLEY pIIBLIC WORRB DEPARTMENT ENGINEERING DIVISION 6431 IInivarsity l�va., N.$. Fridley, 1RN 55432 August 13, 1990 Honorable Mayor and City Council City of Fridley C/O William W. Burns, City Manager 6431 University Ave., N.E. Fridley, 1�IId 55432 Council Members: CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for Street Improvement Project No. ST. 1990 - 1(Overlay), for Va11ey Contracting, Inc., 8800 - 13th Avenue East, Shakopee, NIlJ, 55379. We have viewed the work under contract for the construction of STREET IMPROVEMENT PROJECT NO. ST. 1990 - 1(Overlay) and find the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one-year contractual maintenance bond commence on August 13, 1990. Respectfully submitted, i'�� ohn G. Flora Director of Public Works Prepared by Checked by: 24M