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03/04/1991 - 5093O�'1rICZ71L CI'PY COUxCIL 71aE]�D�l COQ�TCIL It1lBTI�G ln1RCS �, 1991 f � i :� .'�� r; . �.� L .� , �� `�, ::� '$; :, � ���r :�t ;,, #' ;r. .:_,� � .� ,,:`��t � �� � ;� �, . ' iy.��.. �. . � . � � .'•�.: . e �; - . 4� ,-� ".:.. qi .,: _ �. c .. ��- .. ' _ q `; '�" ! • �L iz_ � .� - � �� .,. �y QFRIDLEY CITY COIINCIL MEETING ,. �inror ;�' f�a-�" ATTENDENCE SHEET Mor�day , March 4 , 1991 7:30 P.M. ;� �LEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ` PRINT NAME (CLEARLY) ` �v� tise�d e �' � .. �. ,� �,�,�< �^Jb r� ADDRESS �? ./D 73as" �`�( �3� / ,, 3.? - 7� �.� �- ���� 0 �3�a 3 �I �� i�, ✓e/3,�7j ��'%V�" �32,Q ��.� �V � J,ee�.�j,J -���°" N.� S+ � CKS s�J S� ,!ti' � �/� i� � ITEM NUMBER J � � FRIDLEY CITY COUNCIL � :IN OF MARCB 4, 19 91 PLEDGE OF ALLEGIANCEt PRESENTATION OF PROCLAMATIONs Girl Scout Week March 10 - 16, 1991 Volunteers of America Week March 3 - 9, 1991 P�tESENTATION OF CERTIFICATl3 OF APPRECIATION: To Jerry Sherek for his services on the Appeals Commission. APPROVAL OF MINQTES: City Council Meeting of February 25, 1991 ADOPTION OF AGENDA: OPEN FORIIM, VISITORB: (Consideration of items not on agenda - 15 minutes) FRiDLEY CITY COIINCIL 1SEETINQ OF MARCH t, 1991 Paq• 2 STATE LEGISLATIVE IIPDATE: �� Senator pon Frank PQBLIC HEARZNGS Street Improvement Project No. ST. 1991 - 2(73rd Avenue Upgrade ) . . . . . . . . . . . . . . . . . . . . . . . . 1 - lA OLD BIISINE88: Approval of Agreements for Referendum Returns to Independent School District Nos. il, 13, 14, and 16 (Tabled 1/07/91) . . . . . . . . . . . . . . . . . . . . 2 - 2HH NEW BII$INESS: First Reading of an Ordinance Recodifying Section 113 of the Fridley City Code Entitled "Solid Waste Disposal and . Recycling Collection" by Adding Sections 113.01.03, 113.01.04, and 113.01.17 and Renumbering Consecutively, and Amending Section 113.07, and Amending Section 11 of the Fridley City Code Entitled "General Provisions and Fees" by Amending Yard Waste Transfer Site Gate Fee . . . . . . . . . . . . . . . . . 3 - 3C FRIDLEY CITY COIINCIL 1dEETINa OF �IARCH 4� 1991 NEW BIISINESS (CONTINIIED): Paq. 3 Receive the Minutes of the Planning Commission Meeting of February 20, 1991: ........ 4- 4.55 A. Special Use Permit, SP �91-02, by Vance and Mary Nelson, to Allow the Construction of a Garage and Additional Livinq Area in the CRP-2 (Flood Fringe) District, on Lots 18-21, Block Y, Riverview Heights Addition, the Same Being 600 Buffalo Street N.E . ............. 4 - 4.3 ............. 4.10 - 4.24 B. Special Use Permit, SP #91-03, by Steve Weisenberger for ABRA, to Allow Exterior Storage of Materials and Equipment on Lot 4, Block 2, East Ranch Estates Second Addition, Generally Located at 7710 University Avenue N.E. C. Resolution Approving a Subdivision, Lot Split, L.S. #91-001, to Split Off that Part of Lot 6, Block 5, Pearson's Craigway Estates 2nd Addition, Anoka County, Minnesota, Which Lies Southeasterly of a Line 3.5 Feet Northwesterly of and Parallel with the Southeast Line of Said Lot 6, and Combine it with Lot 7, Generally Located at 7836 .. 4.3 - 4.7 .. 4.25 - 4.42 and 7830 Alden Way N.E. ......... 4.8 _ ......... 4.43 - 4.55 lRIDI.BY CITY CODNCIL �EETi�3 OF ItARCS �, 1991 paq• 4 �TBN 8�8ZNE88 (CONTINIIED)s Receive an Item from the Appeals Commiesion Meetinq of February 5, 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 5T A. Variance Request, VAR #91-02, by Vance and Mary Nelson, to Reduce the Front Yard Setback from 35 Feet to 14.5 Feet for an Existinq Condition, and to Reduce the Front Yard Setback from 35 Feet to 21 Feet to Allow the Construction of a Garage and Additional Livinq Space on Lots 18-21, Block Y, Riverview Heights Addition, the Same Beinq 600 Buffalo Street N.E. Variance Request, VAR #90-32, by First Western Development Corporation (Tabled 2/25/91) . . . . .. . . . . . . . . . . . . . . . 6 Approval of Agreement Between the Cities of Bloominqton and Fridley for Provision of Hepatitis B Vaccine . . . . . . . . . . 7 - 7H Resolution Ordering Zmprovement, Approval of Plans and Orderinq Advertisement for Bids: Street Improvement Project No. ST 1991 - 10 (Sealcoat) . . . . . . . . . . . . . . . . . . . . . . . 8 - 8C FRiDLEY CITY COIINCIL MEETINa OF MARCH 4, 1991 Paq� 5 NEW BOSINE88 (CONTINIIED)i Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Sanitary Sewer Repair Project No. 221 (Hacl�ann Avenue) . . . . . . . . . . . . . . . . . . . . 9 - 9C Resolution Authorizing Changes in Appropriations for the Capital Improvement Fund and Authorizing the Transfer of Funds from the Capital Improvement Fund, Street Division to the 1990 Street Fund . . . . . . . . . . . . 10 - l0A Resolution Authorizing Changes in Appropriations for the Capital Improvement Fund and Authorizing the Transfer of Funds from the Capital Improvement Fund, Park Division to the 1990 Street Fund . . . . . . . . . . . . il - 11A Approval of Agreement for Legal Services Between the City of Fridley and Herrick & Newman Law Firm for City Attorney Services . . . . . . . . . . . . . . . . . . . . . . . . 12 - 12A FRIDLSY CITY COIINCZL 1SEETINa OF MARCH 4, 1991 Paqo 6 NEW BIISINE88 (CONTINIIED)S Informal Status Reports . . . . . . . . . . . . . . . . . 13 Claims . . . . . . . . . . . . . . . . . . . . . . . . . 14 Licenses . . . . . . . . . . . . . . . . . . . . . . . . 15 Estimates . . . . . . . . . . . . . . . . . . . . . . . . 16 �7•I�i�j�A • . VOLUNTEERS OF AMERICA WEEK March 3 - 9,1991 Wiiliam J. Nee Mayor fridleY, MN. �YV�f�2�;�5, tFi,e vo�unteers of �lmerica, a Christian socia�se�vi.c,e organization, is celedrating its 95th year of service to the people of �Cucnesota an� the nation; and �YU�-f��',�5, tf�e No�unteers of �lmerica is mak;uig a valuadle contridutivrc to the people of Minnesota 6y provic�'ing 2 nsidential tr�atment centers for emoti'onal�y hand'icappect 6oys; 3 programs seruing autistic, autistic-lil� and/or deve(opmentalG� d'�sal(� cFiilclren and youth; 40 treatment foster �iomes andgroup homes for infants, chilrt�n and youth; 5 homes far efcferty and'/ or mental�y d'rsad�ec� adu�ts; 41 senior citizen �'ining sites in �lrcol�,a and �Cennepin Counties; 2 pre-release anc�work; ��ease correctiorcal programs for men and ajai.� zvor/�,house, and wor�; �lzase correctionaf facility for female offenders; plus 3 fimrsing complexes for fami(es, tFi.e karccCuappecf, and the eliter(a�: and 4 fong-term ca� fcui�ities; an� �iN"X��C;�,S, t.�e votunteers of �lmerica, throughout its compassionate, yet prcutica� crusade, is extending spiritual fellowship as it provicles �f'�ef wfie� it is most urgent; and �-f��;�lS, t.(.e �tlo�unteers of America is commemorating its fourt�ittg in 1896 and u�es others to uphold tke �lmerican phi�anthropic spirit through tfceir commitment to he�p tlwse in need,• a(Q`YV, ?�-!�?��"D�, B� 17�SOL`L�ED that 1, �YVi%�iam�. 91(�e, 9bfayor of tke City of �ridley, he�dy proclaim �bfarck 3- 9,1991 as VOLUNTEERS OF AMERICA WEEK �D, B� 17 FZL7�,7�f�?Z,1�SOLti'ED, t.fiat copies of this proclamation de transmitted to the `Vo�unteers of America as evi�ence of our esteem. I�`iNl2�ESS `YVJf��O� I have set my ha.nd and caused the sea�of the City of �ridley to be affi.�ed this 4 th day of 91�farich,1991. WII,LIAM J. NEE, MAYOR � =��:� � t '1'SS l[I�iOTEB OT TSE �tIDLEY CITY �OIIliCZL I�3TIXfi O? lsB�tIIUtY ZS, if91 �� .., � � 'r , . . . . ., . . �g,-. � � � .. . . . . .... .. � � N. . . � . . . ... � � ' r � . . � ' . . � ��.. , . . � . . . � � . ' . . . . . . ' . . . '�`. _ 't . � _ . . �. . . t � .. y �. . ... � . . . � � . � ,. . - . . ... . '. , ... . .. _ ... _ `__ "_. .- .� THE MINIITES OF THS REGIILAR MEETIN(3 OF THE FRIDL$Y CITY CO�I�TCIL OF �EHRIIARY 25. 1991 The Regular Meeting of the Fridley City Council was called to order at 7:34 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE• Mayor Nee led the Council and audience in the Pledqe of Alleqiance to the Flag. �tOLL CALL t MEMBERS PRESENT: Mayor Nee, Councilman Billinqs, Councilman Fitzpatrick, Councilman Schneider and Councilwoman Jorqenson MEMBERS ABSENT: None �1PPROVAL OF MINUTES: COUNCIL MEETING, FEBRUARY 11, 1991: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING: 1. 1991 COMMUNITY DEVELOPMENT BLOCK GRANT FUND REQUEST TO THE COUNTY OF ANOKA: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearinq. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:37 p.m. Ms. Dacy, Community Development Director, stated that this year the City will receive approximately $117,683 in Community Development FRIDLBY CITY COIINCIL MEETINa OF FBBRIIARY 25. 1991 PAa$ 2 Block Grant funds. She stated that it is proposed these funds be allocated to the Riverview Heights project and human services. Ms. Dacy stated there is one property that remains to be acquired in the Riverview Heiqhte area, and it will be necessary to borrow CDBG funds from another community in order to complete the acquisition. She stated that the City could petition the City of Coon Rapids for approximately $25,000 to assist with this final acquisition which would be repaid from the CDBG 1992 allocation. Ms. Dacy stated that the Planning Commission and Human Resources Commission recommended approval of the allocation of these funds to the Riverview Heiqhts project in the amount of $77,848 and to human services in the amount of $38,835. She stated that $1,000 will be committed to pay the County administrative fee. Councilman Billings asked the City's obligation to repay the funds that might be borrowed from Coon Rapids, if CDBG funds are not available in the future. Ms. Dacy stated that there would be no obligation. No other persons spoke regarding the allocation of these CDBG funds . MOTION by Councilman Fitzpatrick to close the public hearinq. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:40 p.m. OLD BUSINESS: 2. AMENDMENT TO THE ADOPTION OF THE REDEVELOPMENT PLAN FOR FRIDLEY TOWN S4UARE DEVELOPMENT TO CONSIDER ADDING A DRIVE- THROUGH WINDOW FOR A FAST FOOD RESTAURANT ON THE WEST SIDE OF THE PROPOSED BUILDING. THE PROPERTIES INCLUDED IN THIS REDEVEIAPMENT PLAN ARE 355 MISSISSIPPI STREET. 368 - 66TH �VENUE, AND 6525 UNIVERSITY AVENUE (TABLED 2j11f91): Mayor Nee stated that this item was tabled on February 11, 1991 for further information. MOTION by Councilman Billings to remove this item from the table. Seconded by Councilman Fitzpatrick. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that staff has no new information to present except that at a future meeting a list of uses will be presented to identify which uses may or may not have to be submitted to the Commission and Council before location in this center. FRIDLEX CITY COIINCIL MBETINa OF F$BRIIARY 25. 1991 PAQ$ 3 Ms. Dacy stated that she would like to clarify one of the stipulations. She stated that in Stipulation No. 9 there is reference to an eiqht foot wall, however, in Stipulation No. 1, there is reference to a six foot wall. She stated that she would like to clarify, if the Council approves the amendment to the redevelopment plan, that an eiqht foot wall is recommended and the languaqe referrinq to a six foot wall ehould be deleted fn Stipulation No. 1. Ms. Dacy stated that the developer has a purchase agreement on this parcel and the two existinq homes that abut the property. She stated that last June the Council approved rezoning this property to S-2 for a shoppinq center development. She stated that the petitioner is now requestinq the location of a faet food restaurant and drive-through with Burqer ICinq as the proposed tenant. She stated that the Burger King restaurant now located in the southwest corner of the University/Mississippi intersection is proposing to relocate on this parcel in the northeast corner of the intersection. Mayor Nee stated that the issue before the council is an amendment to the approved development plan to permit a drive-through window for the Burger King restaurant. He stated that some of the concerns raised involved traffic, noise, and air pollution. Mr. Bob Guzy, attorney for the petitioner, stated that a letter was submitted to the City from Burqer King regarding their hours of operation. He stated the condition that just this Burger King is the only one that could locate on this site is still on the table. Mr. Guzy stated that the developer is interested in working with the neighbors to maintain the screening wall between the commercial and residential areas. He stated that the traffic and environmental consultants, Burger King representatives, and the developer are present this eveninq to answer any questions from the Council. Councilman Billings asked if Burger King did not relocate to this site, but a different fast food restaurant located there, if that would have a significant impact on the traffic study that was done. He stated that even if Burger King does relocate to this site, the City would also be dealinq with a vacant building on the southwest corner, which is set up for a fast food operation, and he questioned the impact on the traffic. Mr. Roski, Barton-Aschman Associates, stated that this would not have a significant impact, and traffic would not back up past the driveway into the site. He stated that their assumption was if another fast food facility moved into the existing Burqer Rinq site it would have a lower traffic volume as it is not a desirable location for a fast food operation. He stated that this was one of the reasons why Burqer Kinq wants to move to another location. FRIDLEY CITY COIINCIL MEETING OF FEBRIIARY 25. 1991 BAQE 4 He stated that there would not be a eiqnificant impact on traffic at the University/Mississippi intersection. Councilman Billinqs asked Mr. Koski if he had any knowledqe as to how any median modifications miqht affect adjacent landowners and if there was any qovernmental liability. Mr. ICoski stated that the construction of inedians and roadways is under qovernmental jurisdiction, whether it be the County, the State, or the City. He stated that the installation of a median cannot be considered as damaqes to facilities that miqht be located adjacent to the roadway. He stated that the median is clearly under governmental jurisdiction and does not subject a qovernmental body to damages for access; however, removinq driveways may be a different case. Ms. Marilyn Sullivan, 522 - 66th Avenue, stated that she has concerns about the traffic and was not sure this would be beneficial for the neighborhood. She felt that there may be a problem with the traffic and, in the future, traffic may be routed down 66th Avenue. She stated that at one time, she saw 75 cars at the intersection, and this was not referred to in the traffic study. Ms. Sullivan felt that some siqnage was needed for vehicles to yield to pedestrians in crosswalks. She stated that homes in the neighborhood have been sold since approval was given for this shopping center. Mr. Guzy stated that the major issue is the impact on the community. He stated he wanted to emphasize that the developer has made changes to the site plan regarding truck deliveries, extending the barrier wall and increasing the height of this wall. He stated that this is an attempt to protect the neighbors immediately adjacent to the site. He stated that whatever landscaping is needed will be provided by the developer. He stated it is felt that steps have been taken to, if not to eliminate, to alleviate any problem created by traffic goinq around the building. Mr. Guzy stated that Burger King has etated if there is a problem with the hours of operation, those hours could be modified and changed. Mr. Guzy stated they would be willinq to state that there would not be another fast food on that site if this proposal for Burger King did not materialize. Councilman Billings asked, in reference to the ten stipulations, if there are any stipulations not included this evening that were included in the first development plan which may apply. Ms. Dacy stated that whatever was approved last year still pertains, and none of the original seventeen stipulations were changed. �RIDLEY CITY C04NCIL l[EETINa OF FESRIIARY 25. 1991 PAQS S Councilman Billings asked if the ten stipulations would be in addition to the seventeen Btipulations. Ms. Dacy answered in the affirmative. Mayor Nee stated he personally felt that with the changes proposed, the neqatives and positives have not chanqed from the oriqinal plan. He etated that more noisy traffic has been moved to the front of the building. He Btated that the situation is no worse than the original plan and suspects it may be better. He Btated that it seems this is a reasonable proposal. Councilman Schneider asked if this amendment to the plan was not approved if the shopping center project would not proceed. Mr. Guzy stated that the word received from their financial consultants is that Burqer King is essential for this operation. He stated that if Miller and Schroeder states it would not proceed there is a question if others would want to proceed. Councilman Billinqs stated that he has taken a serious look at this entire development, felt that the development proposed in 1990 was probably adequate, and this is more development than the site deserves. He stated that he is havinq a difficult time coming up with the tests of turninq down this project. He stated that he would just as soon not see a fast food restaurant on this site, but has the responsibility of upholding the statute and does not want to go to court to debate if this is a good or bad project. MOTION by Councilman Billings to approve the amendment to the Redevelopment Plan for Fridley Town Square, with the following stipulations: (1) The screeninq wall shall be extended to University Avenue. The landscaping plan shall be revised to add additional Evergreens along 66th Avenue if a six foot height is maintained or Ivy plantinqs along the wall if an eight foot height is constructed. A three foot continuous hedqe and trees for every fifty feet of driveway should also be provided along University Avenue; (2) A lighting plan should be submitted and approved in conjunction with the building permit application; (3) A pavement marking plan delineating drive-through and loading traffic shall be submitted in conjunction with the building permit application. A"no parking - loading only" zone should be striped along the rear of the building adjacent to the Walgreen's use, and along the east side of the buildinq; (4) The decibel level of the order box should be at a level where its noise is not audible from residential properties to the north; (5) Construction details of the odor venting system shall be submitted in conjunction with the building permit application. Venting for the fast food restaurant shall be routed to the westerly point of the building before beinq released to the open air, consistent with the original approval in June of 1990 (Stipulation #17). The petitioner shall install a double baffle filtration system; (6) The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian FItIDLEY CITY COIINCIL 1[EETINQ OF 1�$BR�ARY 25. 1991 PAaB 6 connections where appropriate into the site, including striping or sidewalks; (7) Walgreen's ehall submit in writing to the City, to prohibit loadinq/unloadinq activities between 21:00 a.m. and 2:30 p.m. and 4:30 p.m. and 5:30 p.m.; (8) No other restaurants shall be $llowed in this development project without the consent of the City; (9) An 8 foot wall shall be constructed arou�d the project and extended to University Avenue; and (10) A striped walkway from the bikeway/walkway across the driveway to the front of the building and siqnaqe indicating the bikeway/walkway shall be included as part of the project. Seconded by Mayor Nee. MOTION by Councilman Billinqs to amend the above motion by adding the following three additional stipulations: (1) The seventeen existinq stipulations approved in 1990 shall remain in place; (2) The developer shall commit to the landscaping on the two properties immediately east of the project in the same magnitude as aqreed to in 1990; (3) The developer acknowledges that the current traffic study and the most recent preliminary plans for improving Mississippi Street notwithstanding, the appropriate qovernment bodies reserve the right to change and alter the aliqnment of the roadway. This may include extending the raised median and allowing no left turns into or out of this project. The developer is encouraged to make this information known to all tenants. Seconded by Councilman Schneider. Councilman Billings stated he wanted to make sure that the developer understands that there are no quarantees the median will remain as it is now. He stated that it is the responsibility of the governmental bodies to maintain traffic quality and if in the future it requires extension of the median, he does not want the developer to come back saying the City led him to believe this would never happen. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION FOR THE AMENDMENT, Councilman Billinqs, Councilman Schneider, Councilman Fitzpatrick, and Mayor Nee voted in favor of the motion. Councilwoman Jorqenson voted against the motion. Mayor Nee declared the motion carried. Councilman Schneider asked if there was any way there could be a review to determine if everythinq is proceeding as the experts have stated and that this proposal is not any more disruptive than the original development plan. He stated that he shares Ms. Sullivan's concerns that the plan may not be what it seems and would like to be able to review the traffic. Mr. Herrick, City Attorney, stated that the applicant has indicated if there is a serious problem, they would review the hours of operation. He stated that if there is a problem with noise as it pertains to the speaker system, he felt that could be adjusted. He felt that there could be a stipulation, if the developer and Burger Rinq agreed, that there be a review after one year of traffic, noise, and odors. He stated that if there is a �RIDLBY CITY COIINCIL MBETINQ OF F$HRIIARY 25. 1991 PAQ$ 7 siqnificant problem they would aqree to cooperate with the City and do everythinq reasonably feasible to correct any problems. Mr. Guzy stated that from Burger Rinq's standpoint, if there is a problem, they will try to resolve it. He stated that the Council now has a letter from Burger Rinq regardinq their hours of operation, the experts have indicated equipment t�ill be installed for the odors, and traffic counts have been presented by the experts . Councilman Schneider stated that his concern is what happens if these reports prove not to be true. He asked if the developer would be willing to post a performance bond to correct any legitimate problems that might arise from the development. He stated that in his heart he wants to vote aqainst this proposal; however, he does not like what now exists on the parcel and felt the original development plan which was approved provided an alternative. He stated that he wants to make sure there aren't any problems arising from Burger King locating on this site and to protect the interests of the neighborhood. Councilwoman Jorgenson stated that she shares Councilman Schneider's concerns. She stated that she is not sure a drive- through is what this development needs. She stated that this development was to be a walk-in shopping center and the entire process is now being changed. She stated that the loadinq area is beinq changed because it interferes with the drive-through window which may be a problem. She asked if there was a way to stipulate that if the drive-through window was a nuisance, it could be eliminated. Mr. Herrick stated he would envision that this would be a problem with the developer, particularly in dealinq with their financing. He stated that if the financing institution is placing a substantial weight on a Burger Rinq operation, and if they might be limited in how they conduct their business, he felt this would be a situation that may be difficult for the developer to accept. Mr. Guzy stated that this drive-through will be sheltered from adjacent properties by the retaining wall and landscaping which he felt was a "safety factor." Councilwoman Jorgenson stated that it may be a"safety factor," but to the neighbors it is an intrusion in their neighborhood and is something that was not in the plan when it was approved a year ago. She stated that a retaining wall can be constructed, but beyond the first few homes, there will be noise reqardless of the wall. She stated that a walk-in shopping center was approved, and she cannot live with a drive-throuqh on this site. Mr. Ericson, the developer, stated that he would suggest a six month or one year review and would be willing to stipulate to a � �� �� � 1:. - c •' : i �,_� c: reasonable escrow that would be initiated with the permanent financing. He stated that the escrow could be used to address any problems that may arise once Burger Ring is operatinq. He stated that the disbursement of the escrow funds could be determined by the City. Councilman areas such be done or not work. Schneider felt that the escrow funds could be used in as traffic if there is a problem and a study needs to for costs involving the double baffle system if it does Mr. Ericson stated he understands that the median is not quaranteed for any period of time by any City. He asked if there was anything in place at this time that makes the Council think that the median system that now exists would not be there when they open the shopping center. Councilman Billings stated that, as of this date to the best of his knowledge, there are no chanqes on the County plan; however, this does not mean that in the future there will not be a change. He stated there will be hearinqs that the County will be conducting, and they may decide to extend the median. Councilman Fitzpatrick asked if the impact of the scheduled reconstruction at University and Mississippi was taken into consideration in the traffic study. Mr. Flora, Public Works Director, stated that in designing the intersection, development was reviewed for all four quadrants. He stated that he did not believe the plans for improvement of the intersection would have any unforeseen impact on the proposed development. Mr. Blue, representinq Burger Kinq, stated that Burger King has operated at their current facility for the last fifteen years and, to his knowledge, there has not been any substantiated problems with the noise or odor, and they do not have a double baffle filtration system for odors. He stated that there is some fencing on their property, but no concrete wall, and there is an apartment building behind their business. Councilman Fitzpatrick stated that he believed the developer and Burger King are makinq an honest effort to cooperate in every way to address the concerns. He stated that, however, the wall would be a problem for those living on 66th Avenue, as he would not like the wall outside his door. He felt that the location of a Burger ICinq on this site would be too intrusive in the neighborhood. MOTION by Councilman Schneider to table this item to later in the meeting to give the developer and City Attorney an opportunity to review language relative to an escrow. Seconded by Councilman FR�DLEY CITY COIINCIL �[EETINQ OF FEBRIIARY �5. 1991 PAG$ 9 Billinqs. Upon a voice vote, all votinq aye, Kayor Nee declared the motion carried unanimously. 3. ORDINANCE NO. 965 ESTABLISHING A NEW CHAPTER OF THE CITY CODE 4F THE CITY OF FRIDLEY, CHAPTER 127. ENTITLED "SEXUALLY 4RIENTED BUSINESSES": Mayor Nee stated that the Council has had a first readinq of this ordinance, and some minor chanqes have been incorporated in the content for the second reading. Ms. Dacy, Community Development Director, outlined the minor chanqes. She stated that under Section 127.02, Definitions, each definition has been chanqed to include reference to the exclusion of minors. She stated that under Section 127.09.1.D, the oriqinal draft required references from two individuals in Anoka County, and this has been chanqed to require two references from anyone in the State of Minnesota. She stated that under Section 127.07.A, the proposed language deletes the original section and proposes that materials which are defined by Minnesota State Statute to be "harmful to minors" must be screened from view. MOTION by Councilman Fitzpatrick to waive the second readinq and adopt Ordinance No. 965 on the second readinq. Seconded by Councilwoman Jorgenson. Upon a voice'vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. R�DIN�NTCE NO. 966 RECODIFYING SECTION 205 OF THE FRIDLEY CITY CODE ENTITLED "ZONING" BY AMENDING SECTIONS 205.14.O1.A, 205.15.O1.A, 205.17.O1.C, AND 205.18.O1.C: MOTION by Councilwoman Jorgenson to waive the second reading and adopt Ordinance No. 966 on second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 5. ORD�NANCE NO. 967 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 125, ENTITLED "SAUNAS AND MASSAGE PARLORS", BY AMENDING SECTION 125.09.06: MOTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 967 on second readinq and order publication. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 6. APPROVAL OF SUNII�IARY ORDINANCE FOR ORDINANCE ESTABLISHING A NEW CHAPTER OF THE CITY CODE OF THE CITY OF FRIDLEY. CHAPTER 127, ENTITLED "SEXUALLY ORIENTED BUSINESSES": MOTION by Councilman Fitzpatrick to approve the Summary Ordinance FRID Y CITY COIINCIL MEETINa OF FEBRIIARY 25. 1991 PAQ$ 10 for Ordinance No. 965 for purposes of publication. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. �. ��yi« muF 1�TNTTTFQ nF m�F P7.ANNING COMMiSSION MEETING OF FEBRUARY 6. 1991: A. S�PECIAL USE PERMIT. SP �91-01 BY ST. PHILIP'S LUTHERAN CHURCH TO ALLOW CHURCHES IN AN R-3 GENERAL MULTIPLE FAMILY DWELLING DISTRICT, ON OUTLOTS 1 AND 2 AND THE VACATED SERVICE ROAD BLOCK 2 MOORE LAKE HIGHLANDS 4TH ADDITION GENERALLY �CATED AT 6180 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, Btated that this special use permit is requested in order to allow about an 8, 000 square foot addition to St. Philip's church to the southwest of the existing structure. She stated that it is proposed that additional parking will be added on the northwest and northeast sides of the building. She stated that the first driveway west of the intersection of West Moore Lake Drive and Highway 65 will be closed which will greatly enhance the traffic pattern. Ms. Dacy stated that the Planninq Commission has recommended approval of this special use permit with three stipulations which she outlined. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant Special Use Permit, SP #91-01, with the following stipulations: (i) The petitioner shall maintain cross-parking easements with Miller Funeral Home, and a copy of said easement shall be submitted to the office of Community Development. If the easement agreement is terminated, the request shall be reevaluated by the Planning Commission; (2) A landscape plan meetinq the code requirements shall be submitted by the petitioner with phased installation indicated on the plan; and (3) A five foot road easements shall be dedicated to the City alonq the north property line. Seconded by Councilman Fitzpatrick. Councilwoman Jorgenson stated that she would abstain from voting as she is a member of St. Philip's. UPON A VOICE VOTE TAKEN ON THE.ABOVE MOTION, Councilman Schneider, Councilman Fitzpatrick, Councilman Billings and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson abstained from voting on the motion. Mayor Nee declared the motion carried. Councilman Billinqs noted the comment made by Don Betzold, Chairman of the Planning Commission, regarding the City coordinating the work schedule for the right turn lane at Highway 65 and West Moore Lake Drive with the church's construction. He requested that staff do everythinq they can to coordinate these efforts. FRIDLEY CITY COONCIL ME$TINa OF FEBRIIARY 25. 1991 PAGB il MOTION by Councilman Fitzpatrick to receive the �inutes of the Planinq Commission Meetinq of February 6, 1991. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE AN ITEM FROM THE APPEAIS COMMISSION MEETING OF FEBRUARY 5. 1991: A. VARIANCE REOUEST. VAR �90-01, BY ST. PHILIP'S LUTHERAN CHURCH TO REDUCE THE HARD SURFACE SETBACK FROM 20 FEET TO 15 FEET AND 10 FEET: TO REDUCE THE DRIVING AISLE WIDTH FROM 25 FEET TO 20 FEET AND 22 FEET FOR TWO-WAY TRAFFIC AND FROM 18 FEET TO 15 FEET FOR ONE-WAY TRAFFIC: TO ALLOW THE INTERIOR ALTERATION OF THE EXISTING BUILDING AND TO ALLOW THE CONSTRUCTION OF AN ADDITION OF APPROXIMATELY 7,000 S UARE FEET, ON OUTLOTS 1 AND 2. AND THE VACATED SERVICE ROAD, BLOCK 2, MOORE LAKE HIGHLANDS 4TH ADDITION, THE SAME BEING 6180 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that staff recommends approval of the variances except for the one to reduce the hard surface setback from a property line from 20 to 15 feet along the northerly property line for the northwesterly parkinq lot. She stated that there is another alternative which would not necessitate a variance. She stated that reductions in the widths for the two-way and one-way drivinq aisles should not be a problem. Ms. Dacy stated that the Appeals Commission recommended approval of the variances. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and qrant Variance Request, VAR �90-01. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Schneider, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilwoman Jorgenson abstained from votinq on the motion. Councilman Billings was absent when the vote was taken. Mayor Nee declared the motion carried. 9. VARIANCE RE4UEST. VAR �k90-32, BY FIRST WESTERN DEVELOPMENT CORPORATION (TABLED 2f11/91): MOTION by Councilman Fitzpatrick to table this item to March 4, 1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. A��roval OF REVISED COMPREHENSIVE SIGN PLAN FOR 100 OSBORNE ROAD N.E.: Ms. Dacy, Community Development Director, etated that the Siqn Ordinance requires Council approval of a sign plan for multi-tenant buildings in excess of three tenants. She stated that staff recommends approval of this sign plan. FRIDLEY CITY COIINCIL MEETINt3 OF FBBRQARY 25, 1991 PAQ$ iZ Councilman Billinqs Btated that he would like somethinq from the owner and his attorney indicatinq what the siqn plan consists of so there is no misunderetanding. MOTION by Councilman Billinqs to table this item to March 4, 1991. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 11. �ONSIDERATION OF THE 1991 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION: MOTION by Councilman Fitzpatrick to approve the 1991 CDBG application with $77,848 committed to the Riverview Heiqhts project and $38,835 committed to human services; and to authorize staff to trade funds with the City of Coon Rapids. Seconded by Councilman Schneider. Councilman Billings stated that he wondered how advantageous it might be to divert funds for human services into other areas because of budget cuts by the State and a reduction in funding to the City. Ms. Dacy felt that it may be a good idea to have a planning process to determine the City's objectives for the 1992 CDBG allocation. She stated that because this is a Federal qrant there are certain requirements as far as capital improvement projects are concerned. Councilwoman Jorgenson stated that it is her understanding that President Bush is looking at allocating CDBG funds directly to the State. She stated that this may result in a decrease of the funding for next year. Councilman Billings stated that this is why he felt priorities for this fundinq should probably be reviewed. He stated that when he served on the Human Resources Commission, one of the guidelines used for distribution of these funds was to use the funds as seed money to beqin projects. He stated that the Commission did not want it to be long-term financing for projects. He etated that it seems the same organizations receive financing over and over, and there is not any growth of new human services in the community. Councilman Billings stated that if CDBG funds are no longer available, these organizations depend tremendously on the City, and if the City does not come up with property tax money, the organizations would disappear. He stated that he certainly understands the needs in the human services area, but questions how many layers of qovernment have to provide human services in the state. Ms. Dacy stated that the test for CDBG funds is that they must benefit low and moderate income persons or be used for the removal of slum and blight. She stated that she knows the Human Resources �RIDLEY CITY COONCIL MEETINQ OF FEBR ARY 25, 1991 PAQ$ 13 Commission has the same concern expressed by Councilman Billings. She stated that Steve Barq has written_an article in the Focus encouraqinq new applications. Ms. Dacy said she believed the Commission wants to set out on the qoa1B to which Councilman Billinqs has eluded. Councilwoman Jorgenson stated that she would be willing to work with the Human Resources Commission and Councilman Billings regardinq the possibility of diverting these funds into other areas. She stated that there are a number of ways these funds can be used in the community. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. r � � �� ��1+4-�� �; 4� � ; �• � � � � MOTION by Councilman Schneider to receive the following bids for the skid-steer loader and cold planer: Planholder Lano Equipment 3021 West 133rd St. Shakopee, 1rIIJ 55379 Big Bear Equipment, Inc. 10405 MJ" Street Omaha, NE 68127 Aggregate Construction P. O. Box 3094 Des Moines, IA 50316 Total Bid $22,790.00 $24,862.00 $29,900.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that Lano Equipment was the low bidder for this equipment at $22,790.00. He stated that the bid was for $19, 810.14 for the skid-steer loader, $9,179. 86 for the cold planer, less a$6,200 trade-in allowance for the 1974 Walden Loader. He stated that $23,500 has been budqeted for this equipment in the Capital Outlay Budqet, and it is recommended that Lano Equipment be awarded the contract. MOTION by Councilman Schneider to award the contract for the skid- steer loader and cold planer to the low bidder, Lano Equipment, in the amount of $22,790.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. �RIDL$Y CITY COIINCIL MEETING OF FEBRIIARY 25. 1991 PAG$ 14 ;_ � � ; �;� •�4��� '•� 4�. � �l�,r ; �r � MOTION by Councilwoman Jorgenson to receive the followinq bids for the 1991 tree and stump removal: Company Arps Tree Service 17845 Hanson Boulevard Anoka, 1�1 55304 Whitesell Tree Service 321 - 109th Avenue NW Coon Rapids, MN 55433 Tree Size 0 - 5.9" DBH 6" - 7.9" DBH 8" - 9.9" DBH 10" - 11.9" DBH 12" - 13.9" DBH 14" - 15.9" DBH 16" - 17.9" DBH 18" - 19.9" DBH Total Bid $ 36.00 $ 54.00 $ 75.00 $ 99.00 $126.00 $156.00 $184.50 $220.00 Per 2" increment over 20" DBH $ 30.00 0 - 6" 8" 10" 12" 14" 16" 18p Pe 5.9" DBH - 7.9" DBH - 9.9" DBH - 11.9" DBH - 13.9" DBH - 15.9" DBH - 17.9" DBH - 19.9° DBH r 2" increment over 20" DBH $ 59.00 $ 79.00 $ 99.00 $119.00 $139.00 $159.00 $215.80 $238.80 $ 15.00 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated that Arps Tree Service was the low bidder for various tree sizes, and it is recommended that they be awarded the 1991 tree and stump removal contract. MOTION by Councilman Fitzpatrick to award the contract for the 1991 tree and stump removal to the low bidder, Arps Tree Service. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. $,PPROVAL OF DISPOSITION OF TAX FORFEIT LAND IN FRIDLEY: Mr. Flora, Public Works Director, stated notice has been received from the Anoka County Land Commissioner that four parcels of land will become tax forfeit. He stated that parcels identified as 1 and 2 are in the flood plain and only 50 feet wide. He stated that these properties should be sold to abutting property owners for additional qreen area. He stated that Parcels 3 and 4 are buildable, with some creative engineerinq and planninq, and should be sold for development. FRIDLBY CITY COIINCIL MEETINa OF FEBRIIARY 25. 1991 PAa$ 15 MOTION by Councilman Fitzpatrick to approve the disposition of these parcels as follows: Parcels 1 and 2 to be sold to abuttinq property owners for additional qreen area and Parcels 3 and 4 are buildable and should be eold for development. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 15. APPROVAL OF ADVERTISEMENT FOR BIDS FOR THE .5 MG WATER TANK PAINTINGIALTITUDE VALVE AND VAULT INSTALLATION, PROJECT NO. 212; Mr. Flora, Public Works Director, stated that HNTB has prepared the plans and specifications for the .5 MG water tank paintinq/altitude valve and vault installation. He stated that in order to coordinate the planninq and improvements to the .5 MG tank with the online installation of the 1.5 MG tank, there should be an early bid so the contractors can coordinate the various construction activities. MOTION by Councilman Schneider to authorize the advertisement for bids for the .5 MG water tank paintinq/altitude valve and vault installation, Project No. 212. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION N0. 21-1991 ESTABLISHING A WATER CONSERVATION �ROGRAM FOR THE STJNIlKER OF 1991: MOTION by Councilman Schneider to adopt Resolution No. 21-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 22-1991 ORDERING ADVERTISEMENT FOR BIDS: REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB. GUTTER AND SIDEWALK - 1991: MOTION by Councilman Schneider to adopt Resolution No. 22-1991. Seconded by Councilwoman Jorqenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO. 23-1991 ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: STREET IMPROVEMENT PROJECT NO. ST 1991 - 2: Mr. Flora, Public Works Director, stated that this project involves the widening of 73rd Avenue from Symphony to Baker Street. He stated that the proj ect will include the widening of 73rd to 50 feet, construction of a bikeway along the south edqe of 73rd Avenue, a bikeway through the Tarqet Distribution Center property, and construction of a bikeway alonq the west side of University Avenue from 73rd to the Community Park. FRIDL$Y CITY COIINCIL MEETING OF FEBRIIARY 25. 1991 PAQB 16 MOTION by Councilman Fitzpatrick to adopt Resolution No. 23-1991. Seconded by Councilwoman Jorqenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimouBly. • • � �e �' � '�' � •• �_ • s �� 4:_ Ys • i • �i � • • � � �r ' � • .sr� � - '- Y'�• _�� '�� � • MOTION by Councilman Schneider to adopt Resolution No. 24-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 20. RE�.^..Tr?.'�'3^*t u^ ���� 991 pRAVTDING ASSISTANCE TO CERTAIN EMa�n,vy�c nF mKF' rTTY (')F FRTn7�F.Y WHO ARE CALLED TO SERVICE DURING THE CURRENT CONFLICT BETWEEN IRAO AND THE UNITED STATES AND ITS ALLIES: Mr. Burns, City Manager, stated that this resolution is to provide assistance to employees of the City who are regularly employed for thirty hours or more per week and have been called to active duty. He stated that the City shall pay the difference between the employee's total military compensation and the regular wages which the employee otherwise would have received from the City. He stated that the resolution also provides for those employees who are eligible for the flexible benefit program and who wish to continue in it during their involuntary military service, that the City, for a period not to exceed Bix months, shall continue its contribution to whichever option had been chosen prior to the employee's call to active military service. MOTION by Councilman Fitzpatrick to adopt Resolution No. 25-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. APPOINTMENT TO HOUSING AND REDEVELOPMENT AUTHORITY: Mayor Nee stated that he has received Walter Rasmussen's resignation from the HRA due to illness and asked that the Council receive this resignation. MOTION by Councilman Schneider to receive Walter Rasmussen's resignation from the HRA. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that he wished to appoint J. R. McFarland, President of the Northeast State Bank of Minneapolis, Columbia Heights, and Coon Rapids. He stated that prior to this position, Mr. McFarland was an officer of Grover's National Bank, as well as other banks, and has an extensive background in insurance and finance. He stated that he believed Mr. McFarland would be a qreat �RIDLSY CITY COIINCIL MEETINa OF FEHRIIARY 25, 1991 PAQ$ 17 asset to the HRA and requested the Council's concurrence with this appointment. MOTION by Councilman Billings to concur with Mayor Nee's appointment of J. R. McFarland to the HI2A. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 2. AMENDMENT TO THE ADOPTION OF THE REDEVELOPMENT PLAN FOR �'�2IDLEY TOWN SOUARE DEVELOPMENT. TO CONSZDER ADDING A DRIVE- THROUGH WINDOW FOR A FAST FOOD RESTAURANT ON THE WEST SIDE QF THE PROPOSED BUILDING. THE PROPERTIES INCLUDED IN THIS REDEVELOPMENT PLAN ARE 355 MISSISSIPPI STREET. 368 - 66TH AVENUE, AND 6525 UNIVERSITY AVENUE (�ABLED EARLIER): Mayor Nee removed this item from the table for further discussion by the Council. Mr. Guzy, attorney representinq the developer, stated the developer has agreed that he would escrow $10,000 six months after occupancy for a period of two years. He stated that there shall be a site review by the City staff and the developer every six months durinq the two-year escrow period. He stated that the City may correct any violations of stipulations which are not corrected by the developer to the satisfaction of the City within thirty days after notice to the developer. Mr. Guzy stated that in regard to the traffic, the City staff shall have the absolute right to request a traffic study after one year to be funded by the escrow money. He Btated that if there are traffic problems, as determined by the study, modifications on the developer's site, as needed, shall be paid for by the developer. Councilman Schneider asked about any other problems that were not addressed. Mr. Guzy stated that this would not take away from Burger King's obligation to review the hours of operation. Councilman Schneider questioned if there is an understanding that Burger King would adjust their hours if there are problems, would this be enforceable. Mr. Herrick stated that he believed it was enforceable; however, he felt it would have to involve more than one fncident. He stated that if problems occurred over an established period of time Burger Ring could be notified that the type of clients they have is disturbing the neighborhood and request that they honor the letter to shorten the hours of operation. MOTION by Councilman Schneider to amend the amendment to the Redevelopment Plan by adding four additional stipulations as FRIDL$Y CITY COIINCIL MESTING OF FEHRIIARY 25. 1991 pAaS 18 follows: (1) The developer shall escrow $10,000 six months after occupancy for a period of two years; (2) There shall be a site review by City staff and the developer each six-month period during the two-year escrow period; (3) The City may correct any violations of stipulations not corrected by the developer to the satisfaction of the City within thirty days after notice to the developer; (4) The City staff shall have the absolute riqht to request a traffic study after one year to be funded by escrow money and, if there are traffic problems, as determined by the study, modifications on the developer's property as needed shall be paid for by the developer. Seconded by Councilman Billings. Upon a voice vote, Councilman Schneider, Councilman Billings, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilwoman Jorqenson voted against the motion. Mayor Nee declared the motion carried. Mr. Ohlsson, 376 - 66th Avenue, stated that a number of the neighboring residents have not appeared this evening because they made their comments known at the Planning Commission meeting, and it is documented in the minutes. He stated that many felt it was redundant to reiterate their opposition to the shopping center pertaining to traffic problems, noise, and odors. MOTION by Councilman Billings to amend Stipulation No. 1 of the original ten stipulations of this amendment to the Redevelopment Plan as follows: (1) The screening wall shall be extended to University Avenue. The landscapinq plan shall be revised to add additional Evergreens aZonq 66th Avenue and Ivy plantings along the wall. A three-foot continuous hedge and trees for every fifty feet of driveway should also be provided along University Avenue. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Billings, Councilman Fitzpatrick, Councilman Schneider and Mayor Nee voted in favor of the motion. Councilwoman Jorqenson voted against the motion. Mayor Nee declared the motion carried. UPON A ROLL CALL VOTE TAKEN ON THE ORIGINAL MOTION TO APPROVE THE AMENDMENT TO THE REDEVELOPMENT PLAN WITH THE 10 STIPULATIONS (AS SHOWN IN THE MINUTES ON PAGES 5 AND 6), Councilman Billings, Mayor Nee and Councilman Schneider voted in favor of the motion. Councilman Fitzpatrick and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote. 22. INFORMAL STATUS REPORTS: There were no informal status reports. 23. CLAIMS: MOTION by Councilwoman Jorgenson to authorize payment of Claims No. 36289 through 36498. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � FRIDLEY CITY COIINCIL MEETIN�i OF FEBRIIARY 25. 1991 PAt�$ 19 24. LICENSES: MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 25. ESTIMATES: MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Newquist � Ekstrum, Chartered 301 Fridley Plaza Office Buildinq 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of November, 1990 ..$ 8,172.00 Services Rendered as City Prosecuting Attorney for the Month of December, 1990 ..$ 7,206.00 HNTB 6700 France Avenue South Minneapolis, l�IId 55435 1. Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate. . . . . . . . . . . . $ 704.00 2. Design and Improvements to Well No. 12 & 63rd Avenue Booster Station, Project No. 204 Partial Estimate. . . . . . . . . . . . $ 4,837.12 Pitt-Des Moines, Inc. (PDM) P. O. Box 1596 Des Moines, IA 50306 Construction of the 1.5 MG Water Reservoir, Project No. 201 Estimate No. 5 . . . . . . . . . . . . . . . $37, 872 . 98 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL IiEETINa OF FEBRIIARY Z5. 1991 PAa$ ZO ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meetinq. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the Reqular Meeting of the Fridley City Council of February 25, 1991 adjourned at 9:35 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � .� - - .., : :�.-..: ,!/M �.: ��� :�:�� • � • , � i�- ����s„i:��l4=j � p�►TBC,'T I�D. BT, 1991 - 2 �8, the City Cb�uycil of the City of �7idley. Anoka CbuntY. Min�ota► has de�ned it expedies�t to r+eoeive evider�oe �,+?; r?r? to the inp�r°v�a�s hex�eit�after d�e.sGrib�d. 1�7W, �, 1�UTICS: Z8 �BY GI9El�i �T an the 4th day of Marcii, 1991, at 7:30 p.m. the City oc�u�cil will meet at the Fridley Irb.uzicipal Oent�e,r Qo�u�cil Q�ambers, 6431 University Ave. , N. E. , FYidley, P'Ild, ar�d wi11 at said t,ime and place hear all parties interested in said iaQrovaoer►ts in �le or in gazt. Zlie ger�eral nature of the inprove�exrts is the oonstructian ( in tl�e lanis ar�d streets noted belc�w) of the follvwir�g iaQrvve�nts, t�o�witt • � -� • � Street improvements, includirg gradir�q. stabilized base, hot�aix bitumir�ous mat, concrete curb ar�d gutter, sidewalks, bik�.way, storm sew�er syste�n, water ar�d sanitaxY sew�er, 1�P�1, ���' facilities locat�ed as follaws: gTR�T p!�►TDC.'T I�D. 8T. 1991 - 2 73� Ave�ue, N.B. Sy��Y Bt�eet to Bak'e� 8t�eet (M3A8 I�b. 307 ) For oonstn�ctian Item All of the latYi abuttirg � sa.id street.s named above and all latxis within, adj acent at�d abuttir�q t2yere�tro • All of said lar�d to be assessed pi�opoztionately avoordirg to the benefits reoeived by s�x� it�roveoent. Published: �RIDI.EY F�OQJS: Febxt�aty 20, 1991 Febn�aty 27, 1991 1 � - ' r-��, � � . ; 2 . 3 . � • � ' i II , .... ...��. ...... .`.. .. � ... .... 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' � �%- � --- -a: •-� ,11 `0 .. ,iZ�.��. '.� ,� '�, �-.-=�_�: � �CQ , �, ; � . _ :r-��. %� l/' / . i ;, � k ,�,� ''; ,�`_ ���� ---- � �� :;�:'-+� � —�--=,�.�.. .,� = , _ fsf\ " ! :_ ' :�;I �' : f �= � , � . .r--- . ] , 1 , � � --s� —� _� /.-. � _ �:�:. , . . �v. . FINANCE DEPARTMENT �r MEMORANDUM TO: WILLIAM W. BIIRNB, CITY MANAGER/�•��� FROMs RICHARD D. PRIBYL� FINANCE DIRECTOR SIIBJECT: TAB INCREMENT/SCHOOL LEVY AGREEMENTS DATE: March 1, 1991 Attached are the agreements that you requested to be placed on the agenda for Monday evening. As I stated in previous communications, the HRA has reviewed the situation and agreed to return the full amount of the tax increments associated with the school district levy referendums that will be payable in 1991. Although, there was extensive discussion regarding putting a cap on the limitation on these funds; the HRA did agree that because of the timing of this agreement it would beneficial to return all increments for this next year. Also, there is an attachment that provides an estimate based on the tax capacity from 1990 as to what the total return would be for 1991. At this point in time, we still have not received tax values from the County so we are unable to provide a more accurate estimate of what the increment would be for tax attributable to 1991. If you need any additional information, please feel free to contact me. RDP/me Attachment(s) z C c0 � .... 7 � � � N c d � Q C .� � C � 0 E Q � � 7 U N � fC v N � � � U � � � � N �, �i �i � % � � � d N � V � �U �> U 0 c d � N U C H y � � � C d N N Q 0 N � O � v � O C�O � O C�O N r�ni � ° r�i d °v a°o � � � ti � 0 0 0 0 O O O O � n � n o � o � O O m 0 � N Q Q � � Z Z M M A 7� T m � J � - V � 'C c0 H � � O � L O � � m 0 � N Q Q � � 0 0 Z Z r� ch � � T > d J � � � � � O 2A � � O N N d � v c7 C7 � � QO N �A CM Ch a0 O O � � �' N N � � � � � � � N N O O N N� C�7 CO ��� � d ��� � a0 � O d O� � � c0 ao ao o rn N N �� a n co .- ao c�i ri � rn ri ri � � M .- � M CO 0 0 0 o a` o 0 N a a ��� O O O (p Z Z I� n 1� CD GD CD o�o c�c c�o � N � U Q � w a� � m Y � � C J � O y y � C m � 7 J N et CO � � � � � v v Q Q Z Z T N e9 J � - U � 'C tA N 0 � O � t O � � � � � � °v c�c N � U Q�w m � m Y J � �O mya C N � � J N st GO � � � � m J � n � i� � � aMO c�o c�Oc �°vc�o N � U a8w 0 m � m J � �O mya C m � � J N � CO � � � [O � � � C� i�H � O � c Tv � F�- � � y C N 7 Q C .� 0 C � O E Q � � � v i^y a�i � � � U � � � � H � �i �i m ^ c � n v '� � � aU � �U �> �"' U ti, 0' E N U C � N E 7 � C d N d � tn � d a�0 O (�D lA t.f) C7 � O � � C�O N �! � � � ch N N 0 0 0 0 c� Ch c7 M a CV N N CV Z c0 O c7 c') � f� � d CO N 1� � tn CO N CO a N C'7 N � f� d � .- � � � m v ¢ Q `C po C7 >+ T � � 'p CUU J o 3 � d � N � O C O L U U � � t= � � N d t0 � � � � � � � Q Z N �` J � '0' - J � � _ U � � - CO N y � � � 0 O e`� L N N � �� � 00 � N 1� (O 1� M tA O d CO a0 O CD O� V � a0 cD O � I� c7 a0 � � � �- N r 0 0 0 0 0 M e') M M c') � � � � � � � � 00 O M C'7 l.f) I� O� d CO N I` : � � a0 N (D sT N c7 N O) f� � � � � � � m a ¢ a � � 0 a � m � � .r Y U U � 0 3 N � m � N o G L UU�-��i� � � N d a0 A � � 3t �t ..�.. T > N J � � C7 n � � N � � 0 � c� � c�o M O CO CC � � ri � � � � C�0 0�p O O O O N eT O O O CO 00 � ri ri � C7 r- o'��oy'QQ< �p�p�pZZZ C� O Crl N c7 O CO �(f � M h O � d: N � N O GO �A � M N r � � �A N � Y Y � _ m�Uco m m C7 U � m m � a Q Q L � � U O O c�0 � � O zza3oz ����a�� � � � � � � � v v .�. i Q Z <O J J iF - = V � � '� 1A �O � � � � t O N � .- a c�''c v cc o � � v c°N� H O CO O CO �- �O �O H t�0 N � � � � a � � y t0 F • _� �� �� � � � � � � � .� 0 � � 0 � a � � � V N � fd v C a d � � y U � � � � H � �i �i � •- ... c � a •� c� a� aU ? �U c�> � U N � C N E � U C H U � y C 7 � C O '<c U c � a� �v Y N Z N C � O � ¢ Ov � � E O cv 01 C .� � N cv � � U R a �v U � o h- � � U O � '� � W O a`� -- c a�i O � U ... � ro � 3 aai �� > � a� Y J N � � � � � N F n � a� i� � a� � O 0 .a � N O a a � d 3 d .� d � � c6 � a a m O � c ;_ o r. � �q U a 3 C N i d `a> 'L' � � N m t Y F- � � 0 .D N N � c0 U O c f6 7 � � a v � O ^ �� v�i Qi a� � � � O O m c� � y A � ao T � U � _ y .m > O .? � y ¢ � m m U h U .y 0 � H 0 T a a m 0 c � m 0 � O C O � .� a � 7 � � � m � � � � m � � T � � � m `m � � � v a a� t = c c m > > c � m � m �O � � � L .� C ..+ � � T fC m � a L � O � � � � m � m m � a U 0 y Q c E m o c m .� a n � O � J yN O � � m N � m . C � � m� � � � m � a 3C C � j C Y C Y � m �m �C ._. � � 2C 2D AGREEMENT This Agreement is dated as of January 2, 1991, is by and between the City of Fridley, Minnesota, and Independent School District No. 11, and provides as follows: 1. Definitions. As used in this Aqreement, the followinq terms have the followinq meanings, respectively: "Citv" means the City of Fridley, Minnesota. " I�PR " means the Housinq and Redevelopment Authority in and for the City of Fridley, Minnesota. "Project" means Redevelopment Project No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.001 throuqh 469.047. "1985 Revenue Bonds" means the HRA's $4,070,000 Tax Increment Revenue Bonds of 1985, dated May 1, 1985. "Limited Revenue Note" means the HRA's $5,603,755.80 Limited Revenue Capital Appreciation Tax Increment Note, dated December 20, 1985. "1985 G.O. Bonds" means the City's $11,550,000 Variable Rate Demand General Obliqation Tax Increment Bonds, Series 1985, dated December 30, 1985. "1986 G.O. Bonds" means the City's $10,045,000 General Obligation Tax Increment Refundinq Bonds, Series 1986, dated as of Auqust 1, 1986. "1990 G.O. Bonds" means the City's $9,485,000 General Obligation Tax Increment Refundinq Bonds of 1990, dated March 1, 1990. "Tax Increment Obliaations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the 1990 G.O. Bonds, and any other contractual obliqations of the HRA or the City which were entered into prior to the date of this 9T05 2E Aqreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. „Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Districts" means Tax Increment Financinq District Nos. 1 throuqh 10 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Independent School District No. 11, the Anoka School District. "Subdivision" means Minnesota Statutes Second 1989 Supplement, Section 469.177, Subdivision 10, as amended by Laws of Minnesota 1990, Chapter 604, Article 7, Section 24 (a copy of which is attached hereto as Exhibit B). 2. Recitals. (a) In certain cases, the Subdivision either requires or allows by agreement certain tax increments attributable to school district referendum tax levies to be paid to school districts. (b) A portion of TIF District No. 3 is located within the boundaries of the School District. (c) None of the property within TIF District Nos. l, 2, 4, 5, 6, 7, 8, 9, and 10 is located within the boundaries of the School District. (d) It is the purpose of this Aqreement to provide for payment of certain tax increments to the School District pursuant to and in accordance with the provision of the Subdivision. � (e) Nothinq in this Agreement is intended to violate the covenants and agreements heretofore made respectinq the application of 9705 2 2F tax increments from the TIF Districts pursuant to the Tax Increment Obligations. 3. sg�esentations of the Citv. (a) The Tax Increment Obliqations were issued to finance various activities of the HR,A within the Project. (b) The 1985 Revenue Bonds are not general obligations of the City or the HRA. Tax increments from TIF District Nos. 1 through 5 are pledged to the payment of the 1985 Revenue Bonds, and there are no other sources of funds pledqed to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. (c) The Limited Revenue Note is not a general obligation of the City or the HRA and is payable solely from tax increments pledged for such purposes from TIF District No. 6. (d) The 1985 G.O. Bonds were payable from tax increments derived'from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds was February 1, 2000. However, on February 1, 1990, the City discharqed the 1985 G.O. Bonds by paying all then outstanding principal thereof and interest thereon. (e) The 1986 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1 through 6, and the f inal scheduled principal maturity of those Bonds is February 1, 2000. However, the City has advance refunded the 1986 G.O. Bonds via the issuance of the 1990 G.O. Bonds, and the City expects pursuant to said refundinq that all of the principal of and interest on the 1986 G.O. Bonds will have been paid on or before February 1, 1994. (f) The 1990 G.O. Bonds are payable from tax increments derived from TYF District Nos. 1, 2, 3, and 6, and the final scheduled principal maturity of those Bonds is August 1, 2009. (q) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, 9T05 3 2G the 1985 G.O. Bonds, and the 1986 G.O. Bonds, and the 1990 G.O. Bonds were outstandinq on May 1, 1988, and/or are outstandinq on the date of this Aqreement. 4. Re� esentations of the School District. (a) On October 5, 1982, the electorate of the School District approved a continuous 6.0 mill levy first effective for the 1982 payable 1983 property taxes. This levy is hereinafter referred to as the "1982 Levy". (b) On October 6, 1987, the electorate of the School District approved a 6.0 mill continuous levy first effective for the 1987 payable 1988 property taxes. This levy is hereinafter referred to as the "1987 Levy". (c) Accordinq to the Minnesota Department of Education, for purposes of the above-mentioned referendum levies the tax capacity rate equivalent of 6 mills is .06999697. 5. �ayment of Tax Increments to School District. The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and to the extent received by the HRA, with respect to the tax increments relatinq to the 1990 payable 1991 property taxes, as follows: TZF District No. 3. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 3 which is attributable to the 1982 Levy and the 1987 Levy shall be paid to the School District. 6. Further Aareements. Nothinq in this Aqreement is intended or shall be applied in such a manner as to violate the obliqations and covenants made by the City or the HRA in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application of the terms of this Aqreement would give rise to a violation of said obliqations and covenants, including without limitation, the default in the timely and full payment of the Tax Increment Obligations, the applicable tax increments shall be applied instead in the manner, but only to the extent necessary, to avoid such default or other violation of said covenants or obligations. Nothinq in this Agreement shall restrict the 9705 4 2H City or the iiRA in the exercise of the powers which they may have relatinq to the Project or the TZF Districts. In addition, the City and the School District aqree that the provisions of paraqraph 5 providinq for payment of tax increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1990 payable 1991 real estate property taxes, and at the conclusion of said period, the City and the School District aqree to review the circumstances and to attempt to neqotiate in qood faith such further aqreement or aqreements as may be permitted by law and which are acceptable to both the City and School District with respect to discretionary payments of such applicable tax increment to the School District. IN WITNESS WHEREOF, the City and the School District have caused this Aqreement to be executed by their duly authorized representatives. CITY OF FRIDLEY, MINNESOTA Mayor City Manager INDEPENDENT SCHOOL DISTRICT NO. 11 School Board Chair Superintendent 9T05 5 EXHIBIT A Schedule of Tax Increment Financinq Districts Within iiousinq and Redevelopment Project No. 1 of the Fridley HRA TIF District 1 2 3 4 5 6 7 8 9 10 9705 Name Center City Moore Lake North Area Johnson Printinq/ Skywood Mall Paschke Lake Pointe Winf ield Shorewood Onan/Old Central Northco Phase III Certif ication Date 5/11/79 7/31/81 5/19/82 1/20/84 3/15/84 12/24/85 10/22/86 10/24/86 9/7/89 4/10/90 Independent School District No. 14 13/14 11/16 13/14 16 13 16 14 16 16 21 2J EXHIBIT B Sec. 2C. �i--esc:a Stat�:es Stcc-d 1959 5_lg�e-e�t, sec::cz :53.:77, s_hdivisic� 10► :s a�e��ed ;o :esd: S':=d. :�. ('rnY:!=�i ^0 SC-C�CL rCR �E:_Ri'��'v'i L=�: ) (a 'a~! -:c••is:c-s c: ::�is sLbc?visic� ai:?� :o tax .-c:e-.e-t fi'a'�1',� c's;:'_c's a-d rso;ec:s :cr ��'_c'� cer:ificat?c� �as res�_es:ed . �e?c:e "ay !, 1SE8� t`nt a:e ?eca;ed :� a sc.`.oel d:s:r:ct i� _iici ;=e •:c;e:s 1:a�e a:rrcved -ev tax caracity rates cr a� ' i-c:ease :� :ax cn:acity :a:es a::er tre :az i-crerer.: fi^a^ci'g • cistr:c: -as certified. _ �51 (1) i: tt:ere a:e. -:o oc:stz-di::q �^c��s c� Hay l, 19E8, � to -y?ci i:.c:e:e::t f:ca t�e d:s;r?ct is �?e�Sed, er {?3 ii t'�e re?�:e-c_� ?s zr:zc�ed af:er !!ay 1,' 1986, a-d t.`.ere a:e -o bor.CS _ c:::sta-.di-g a: t*e ti �e t`e :efe:e-c_� is a:�:ctied, t`at �ere iss�ed }e:c:e !!af 1, 1988. e:-:�i--_-•'��-:e:eecadn.:.-.r.e:en�_-g . :.'.�-i:%-C►:LCL�f �L�G�vSO- ��:C'lt�-�t•.G�_r7.G������tlGQ.:���OO�G -.es•io-r=i�::-_-e:e-tat-�:e--•.�e-d:st:-c:-_�-liedqed:--cc et-__. ' �c-=ae"t:�-=:-t=9'=ri=�esr iLe au:!:crity rLSt a::;.La�ly cay to t�e scLool cistrict a:s a-cL^t c� i: cre �en� ecLal :o t!:e . ir.c:e-e.^.t t�at is attributab2e to t}e ir.crense i� t':e tax ' � capaci.y rate u.^.Cer t.*.e referer.c;:a. ' � , � �"e� (1) c�ces -ct aopl�+. L'po� aP?roval (� i� claLSe t.}-ei,:- �by a zajoritf vote ot the qcver�i::q ho�y ot the r.�unicipalitf aad . t1:e sc!:ool bcard, the autherity r..ust :ay to t}e screol disttict a� z-c::�t oi i-cr'e:r�er.t eeLal to t}e i�cze-.eat t`at is attri�Ltable to t?:e ir.crease i� t�e `nz cacacity cate L:Zec t.`.e refe:e-cu�. ' . (c T1:e arounts of these ir.cre-ents nay be expended and r..ust be treated by tFe school district in t!:e sa:r.e �aaner as prcvi�ed for tte revezLes 2erived irc� the referer.Cc:� le�Y tppro�ed by t�e voters. T':e pra•�isicns oi ihis subdivision tco?y :o ?rojects for �hic'� certif?catien was requested beEore, ��, rrd aftec :+;:g::st 1, 19�4. 0 - i AGREEMENT This Agreement is dated as of January 2, 1991, is by and between the City of Fridley, Minnesota, and Independent School District No. 13, and provides as follows: 9708 2K 1. Definitions. As used in this Aqreement, the following terms have the followinq meanings, respectively: ��Citv" means the City of Fridley, Minnesota. "HRA" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "Proiect" means Redevelopment Project No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.001 through 469.047. "�985 Revenue Bonds" means the HRA's $4,070,000 Tax Increment Revenue Bonds of 1985, dated May 1, 1985. ��j,imited Revenue Note" means the HRA's $5,603,755.80 Limited Revenue Capital Appreciation Tax Increment Note, dated December 20, 1985. "1985 G.O. Bonds" means the City's $11,550,000 Variable Rate Demand General Obligation Tax Increment Bonds, Series 1985, dated December 30, 1985. "1986 G.O. Bonds" means the City's $10,045,000 General Obligation Tax Increment Refundinq Bonds, Series 1986, dated as of Auqust 1, 1986. "1990 G.O. Bonds" means the City's $9,485,000 General Obligation Tax Increment Refundinq Bonds of 1990, dated March 1, 1990. "Tax Increment Obliaations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the 2L 1990 G.O. Bonds, and any other contractual obligations of the HRA or the City which were entered into prior to the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. '�Tax Increment Act" means Minnesota Statutes, Sections 469.174 throuqh 469.179. "TZF Districtsp means Tax Increment Financing District Nos. 1 through 10 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Independent School District No. 13, the Columbia Heights School District. "Subdivision" means Minnesota Statutes Second 1989 Supplement, Section 469.177, Subdivision 10, as amended by Laws of Minnesota 1990, Chapter 604, Article 7, Section 24 (a copy of which is attached hereto as Exhibit 8). � 2. �ecitals. (a) In certain cases, the Subdivision either requires or allows by agreement certain tax increments attributable to school district referendum tax levies to be paid to school districts. (b) TIF District No. 6 is located entirely within the boundaries of the School District, and a portion of TIF District Nos. 2 and 4 are located within the boundaries of the School District. (c) None of the property within TIF District Nos. 1, 3, 5, 7, 8, 9, and IO is located within the boundaries of the School District. (d) It is the purpose of this Agreement to provide for payment of certain tax increments to the School District pursuant to 9708 2 2M and in accordance with the provision of the Subdivision. (e) Nothing in this Agreement is intended to violate the covenants and agreements heretofore made respectinq the application of tax increments from the TIF Districts pursuant to the Tax Increment Obligations. 3. Recresentations of the Citv. (a) The Tax Increment Obligations were issued to finance various activities of the HRA within the Project. (b) The 1985 Revenue Bonds are not general obligations of the City or the HRA. Tax increments from TIF District Nos. 1 through 5 are pledged to the payment of the 1985 Revenue Bonds, and there are no other sources of funds pledqed to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. (c) The Limited Revenue Note is not a general obligation of the City or the HRA and is payable solely from tax increments pledqed for such purposes from TIF District No. 6. (d) The 1985 G.O. Bonds were payable from tax increments derived from TIF District Nos. 1 through 6, and the final ficheduled principal maturity of those Bonds was February 1, 2000. However, on February 1, 1990, the City discharged the 1985 G.O. Bonds by paying all then outstanding principal thereof and interest thereon. (e) The 1986 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds is February 1, 2000. However, the City has advance refunded the 1986 G.O. Bonds via the issuance of the 1990 G.O. Bonds, and the City expects pursuant to said refunding that all of the principal of 9708 3 9708 2N and interest on the 1986 G.O. Bonds will have been paid on or before February 1, 1994. (f) The 1990 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1, 2, 3, and 6, and the final scheduled principal maturity of those Bonds is Auqust 1, 2009. (g) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, and the 1986 G.O. Bonds, and the 1990 G.O. Bonds were outstanding on May 1, 1988, and/or are outstandinq on the date of this Agreement. 4. Representations of the School District. (a) On October 5, 1981, the electorate of the School District approved a 5.0 mill continuous levy first effective for the 1981 payable 1982 property taxes. This levy is hereinafter referred to as the "1981 Levy". (b) On September 23, 1986, the electorate of the School District approved a 7.0 mill continuous levy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred to as the "1986 Levy•' . (c) According to the Minnesota Department of Education, for purposes of the above-mentioned referendum levies the tax capacity rate equivalents of 5 mills and 7 mills are .06162496 and .07875910, respectively. (d) On November 6, 1990, the electorate of the School District approved a.08 tax capacity rate levy authorized for 7 years and first effective for the 1990 payable 1991 property taxes. This levy is hereinafter referred to as the "1990 Levy". 5. pa ent of Tax Increments to School District. The City and the School District hereby aqree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA � 20 as and to the extent received by the HRA, with respect to the tax increments relatinq to the 1990 payable 1991 property taxes, as follows: (a) ��F District No. 6. Since the 1981 Levy was approved before the date of certification of TIF District No. 6, the Subdivision does not apply to that Levy with respect to .this District, and no tax increments attributable to said Levy from this District are payable to the School District. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 6 which is attributable to the 1986 Levy and the 1990 Levy shall be' paid to the School DistriCt. (b) �ZF District No. 4. Since the 1981 Levy was approved prior to the date of certification of TIF District No. 4, the Subdivision does not apply to that Levy with respect to this District. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 4 which is attributable to the 1986 Levy and the 1990 Levy shall be paid to the School District•. (cj �IF District No. 2. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 2 which is attributable to the 1981 Levy, the 1986 Levy, and the 1990 Levy shall be paid to the School District. 6. Further Acrreements. Nothing in this Agreement is intended or shall be applied in such a manner as to violate the obligations and covenants made by the City or the HRA in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application of the terms of this Aqreement would give rise to a violation of said obligations and covenants, including without limitation, the default in the timely and full payment of the Tax Increment Obligations, the applicable tax increments shall be applied instead in the manner, but only to the extent necessary, to avoid such default or other violation of said covenants or obligations. Nothinq in this Agreement shall restrict the City or the HRA in the exercise of the powers which they may have relating to the Project or the TIF Districts. 9708 5 � In addition, the City and the School District aqree that the provisions of paragraph 5 providinq for payment of tax increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1990 payable 1991 real estate property taxes, and at the conclusion of said period, the City and the School District agree to review the circumstances and to attempt to negotiate in good faith such further agreement or aqreements as may be permitted by law and which are acceptable to both the City and School District with respect to discretionary payments of such applicable tax increment to the School District. IN WITNESS WHEREOF, the City and the School District have caused this Agreement to be executed by their duly authorized representatives. CITY OF FRIDLEY, MINNESOTA Mayor City Manager • INDEPENDENT SCHOOL DISTRICT NO. 13 School Board Chair Superintendent 9708 6 2R EXHIBIT B Sec. 2:. �i--esc:a S:at_:es Secc-d :509 5':i='_e-.eat, sec::ca :'.?,:;7, s_��ivis:c � 10, :s a-.e-�e3 :o :ead: S��d. :�. (inYv=ti� =0 SCaC�C�L iC� n=.-='-`•:��•`�! ?-'vi j(3 =•`•� :C'�35:C•:S C� :'�:S SL'�`C:'��S.CZ 2z: � f �O LaX .'C:t'•!''t f:•:2'Cl.:y C:S:::C:S LGd ri0�lCLS �C: ���C'.! Gl::2�:CLt2C:'f 4aS .l=�lS:td . �efc:e !!ay 2, 1SE8, t'at a:e lcca:ed ?a a sc`ocl dis:r:c: i� _;::ci ;.`.e •:c:t:s ra�e a:�rcved �ey tax ca�.aci:y :ates cr a� i-c:ense f� taz cn:tcity :a:es a:ter t�e :nx i,cze�.er.t :i-a::ci-g dis:r:c: �as certified_ i5� ei� �� cr.ere are ::o o�:sta,air.q �cr.�s ca r.ay i, 1SE8, ;o -�ic� i-c:t-.er.t f:c� tLe C:s:r=�► =g ?'-ecced, or ti} if t`e :e_'e:e-��� is ar:rcced af:er !!ay 1,' 1586, a-d tFete a:e r.o bc��'s cLts:�-Ci-g at tre ti-e :`e zefeze�C�� is ap�:cr•ed, t`at �ere iss;:ed =e:c:e !?ny 1, 19E8, e:-{5i-i`-=~e-:efeee-d:..: _-c:eesir.g •.=e-.ax-e` ec:`.7'ea`e-we�-n_�•e<ed-aE�ee-!he--.C.�-:etea='==�ne __ ee-__'e�-10-r='st�-_-G:t-.t-�-_:e--t'e-G:St-eCy-e�-Y'stGStd:--?i cc_:ee-{:7-e:-t��-•� :e:T :!:e ae:.`.crity �us: a::^ually eay to -r== t`e sctool �is:zict aa a-ouat ef i^crt:�ent e4ua1 to t*e iacre-.e^t t�a: is attributable to t.*.e iaczease in t?:e tax caYrci:y zate un�er the referer.��n. (2Z if claLSe f?i-er�:_e� (1) dces -et apaly, cpo� aoproval by a.;,ajority vote of t::e yc�er�i-q bcdy of the r.,unicipality a-d tFe sc�ool bcard, t�e aut.*.ority -:+:st ray to t}e scheol district aa a-e;:�t of i-cr'e.��er.t teLal to tie ir.c:e:r,e�: t`at is att:ibutab?e to the ir,crease i� t!:e :ax cagacity rnte L-�er t.`.e zef�:e-cua. , �;he ar..ounts of t2:ese ir.cre:�ents may be expended and � must be treated by the school district in the same :nanner as pzcvi2ed for t::e revenLes 2erived frc:n the referer.CL^+ levy app:c�ed ty the voters. T::e provisions of this subdivision apply ta projects for vhich ceztification vas requested before, c�, a-c aftec �LC::st 1, 1974. e This Aqreement is by and between the City School District No. 14, 9707 2S AGREEMENT dated as of January 2, 1991, is of Fridley, Minnesota, and Independent and provides as follows: 1. Definitions. As used in this Agreement, the following terms have the fo�lowinq meanings, respectively: "Citv" means the City of Fridley, Minnesota. " i#�R " means the Housinq and Redevelopment Authority in and for the City of Fridley, Minnesota. "Pro,j ect" means Housing and Redevelopment Project No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.001 through 469.047. "�985 Revenue Bonds" means the HRA's $4,070,000 Tax Increment Revenue Bonds of 1985, dated May 1, 1985. ���imited Revenue Note" means the HRA's $5,603,755.8o Limited Revenue Capital Appreciation Tax Increment Note, dated December 20, 1985. "1985 G.O. Bonds" means the City's $11,550,000 Variable Rate Demand General ObZigation Tax Increment Bonds, Series 1985, dated December 30, 1985. "�986 G.O. Bonds" meaas the City's $10,045,000 General Obligation Tax Increment Refundinq Bonds, Series 2986, dated as of August 1, 1986. "1990 G.O. Bonds" means the City's $9,485,000 General �Obligation Tax Increment Refunding Bonds of 1990, dated March 1, 1990. "Tax Increment Obligations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the 1990 G.O. Bonds, and any other contractual obligations of the HRA or the City which were entered into prior to the date of this Aqreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. M�ax Increment Act" means Minnesota Statutes, Sections 469.174 throuqh 469.179. „�IF Districts" means Tax Increment Financinq District Nos. 1 throuqh 10 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "�chool District" means Independent School District No. 14, the Fridley School District. "�,ubdivision" means Minnesota Statutes Second 1989 Supplement, Section 469.177, Subdivision 10, as amended by Laws of Minnesota 1990, Chapter 604, Article 7, Section 24 (a copy of which is attached hereto as Exhibit B). 2. Recitals. (a) In certain cases, the Subdivision either requires or allows by aqreement certain tax increments attributable to school district referendum tax levies to be paid to school districts. (b) TIF District Nos. 1 and 8 are located entirely within the boundaries of the School District, and a portion of TIF District Nos. 2 and 4 are located within the boundaries of the School District. (c) None of the property within TIF District Nos. 3, 5, 6, 7, 9, and 10 is located within the boundaries of the Schoo2 District. (d) It is the purpose of this Agreement to provide for payment of certain tax increments to the School District pursuant to 9707 2T 9707 and in accordance with the provision of the Subdivision. (e) Nothinq in this Agreement is intended to violate the covenants and agreements heretofore made respectinq the application of tax increments from the TIF Districts pursuant to the Tax Increment Obligations. . 3. Representations of the Citv. (a) The Tax Increment Obliqations were issued to finance various activities of the HRA within the Project. (b) The 1985 Revenue Bonds are not general obliqations of the City or the HRA. Tax increments from TIF District Nos. 1 through 5 are pledged to the payment of the 1985 Revenue Honds, and there are no other sources of funds pledged to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February l, 1999. (c) The Limited Revenue Note is not a general obligation of the City or the HRA and is payable solely from tax increments pledged for such purposes from TIF District No. 6. (d) The 1985 G.O. Bonds were payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds was February 1, 2000. However, on February 1, 2990, the City discharged the 1985 G.O. Bonds by paying all then outstandinq principal thereof and interest thereon. (e) The 1986 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds is February 1, 2000. However, the City has advance refunded the 1986 G.O. Bonds via the issuance of the 1990 G.O. Bonds, and the City expects pursuant to said refunding that all of the principal of 3 2U 2V and interest on the 1986 G.O. Bonds will have been paid on or before February 1, 1994. (f) The 1990 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1, 2, 3, and 6, and the final scheduled principal maturity of those Bonds is August 1, 2009. (g) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, and the 1986 G.O. Bonds, and the 1990 G.O. Bonds were outstandinq on May 1, 1988, and/or are outstanding on the date of this Agreement. 4. Representations of the School District. (a) On September 23, 1986, the eZectorate of the School District approved a 2.0 mill continuous levy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred to as the "1986 Levy". (b) On September 29, 1987, the electorate of the School District approved (i) a 7.0 mill continuous levy first effective for the 1987 payable 1988 property taxes and (ii) a continuous additional 6.5 mill levy first effective for the 1988 payable 1989 property taxes. These levies are hereinafter collectively referred to as the "1987 Levies". (c) According to the Minnesota Department of Education, for purposes of the above-mentioned referendum Ievies the tax capacity rate equivalents of Z mills and 13.5 mills are .02261395 and .15264411, respectively. 5. Pavment of Tax Increments to School District. The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and to the extent received by the HRA, with respect to the tax increments relating to the 1990 payable 1991 property taxes, as follows: 9707 4 2W (a) T�F Distri�t No. 8. Since the 1987 Levies were approved after the date of certification of TIF District No. 8, and since on May 1, 1988, there were no bonds outstanding to which increment from TIF District No. 8 was pledged, the tax increments from TIF District No. 8 which are attributable to the 1987 Levies are automatically payable and shall be paid to the School District pursuant to clause b(1) °=OVed S��=�tolthe Since the i986 Levy was app P date of certification of TIF District No. 8, the Subdivision does not apply to that Levy with respect to this District, and no tax increments attzibutable to said Levy from this District are payable to the School District. (b) �IF Distr�rt �to. 4. Pursuant to clause b(2) of the Subdivision, tAe tax increment from TIF District No. 4 which is attributable to the 1986 Levy and the 1987 Levies shall be paid to the School District. (c) T zF District N9.�• Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 2 which is attributable to the 1986 Levy and the 1987 Levies shall be paid to the School District. td) �sF District No. �. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No and thec 1987 attributable to the 1986 Levy Levies shall be paid to the School District. 6, Further Aareements. Nothing in this Agreement is intended or shall be applied in such a manner as to violate the obligations and covenants made by the City or the HRA in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application af the terms of this Agreement would give rise to a violation of said obligatians and covenants, includinq without limitation, the default in the timely and full payment of the Tax Increment Obligations, the applicable tax increments shall be applied instead in the manner, but only to the extent necessary, to avoid such default or othe= violation of said covenants or obligations. Nothinq in this Agreement shall restrict the City er the HRA in the exercise of the powers which they may have relating to the Project or the TIF Districts. 9T07 5 2X In addition, the City and the School District aqree that, except in each case described in paraqraph 5 of this Aqreement where payment of tax increment to the School District is mandatory pursuant to clause b(1) of the Subdivision, all other provisions of said paraqraph 5 providinq for payment of tax increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1990 payable 1991 real estate property taxes, and at the conclusion of said period, the City and the School District agree to review the circumstances and to attempt to neqotiate in good faith such further aqreement or aqreements as may be permitted by law and which are acceptable to both the City and School District with respect to discretionary payments of such applicable tax increment to the School District. IN WITNESS WHEREOF, the City and the School District have caused this Agreement to be executed by their duly authorized representatives. CITY OF FRIDLEY, MINNESOTA Mayor City Manager INDEPENDENT SCHOOL DISTRICT NO. 14 School Board Chair Superintendent 9707 6 EXHZBIT A Schedule of Tax Increment Financing Districts Within Housing and Redevelopment Project No. 1 of the Fridley HRA TZF District 1 2 3 � F� 6 7 8 9 10 9707 ame Center City Moore Lake North Area Johnson Printing/ Skywood Mall Paschke Lake Pointe Winf ield Shorewood Onan/Old Central Northco Phase III Certif ication Date 5/11/79 7/31/81 5/19/82 1/20/84 3/15/84 12/24/85 10/22/86 10/24/86 9/7/89 4/10/90 2Y Independent School n; st�ict No. 14 13/14 11/16 13/14 16 13 16 14 16 16 ExHZBiT s zZ sec. s<. wi- .a _ . ..-�sc. S:at_:es Secc-a ,epg �.._,� _. =lC::C� iE3.? i7 L , -r: -!••.E... � �:=�. ?J, �f s�.,civ?s:c� 10, :s a-.�-�ed :o :eac: :;,:'�:\: :0 SC-C+C•*, rC� 1::-i=''�' i ::C7�c' � • . � . �:� _i-Z. � (E :~! . :C'S C� :�SS SL'�C1',r=S�C'7 t^�1 � � � r- f � ��X . : :� C.S::1C:5 E'� .,-p.EC: • " G:E-.2' 't�C1'y .B_°C:2 !!Ey i� 1Ce s�Cr ��:C'� CtZ:_.:�Lt°_G� t•ES ZE.L'EStEd , .8, :`at a:e ?cca: d �asc� ;=e �c:e:s � E � d `-c•`•cc' �=s:::c: :� L'.e 2t�zc.ed -ev :ax ca�ac:t• ' 1•:CiE�qe a J� �L�ES CI 2:1 - � C15:::Ci. � S,Cl:`i_tC2tjr :L.ES E.tti t�Q :EX 1::C:Q�EL� ��.:d^C1�9 . fied. rs� c�� :: tr.e- � - : .e are ::o c�:s:e-c:r9 �cacs ca r?ay �, ,eca. :o _5?c� : • ' 'c:e-.e't f:c� tLe dis:r?ct ;s �2ecced, cr f:} i; t::e refe:e�cLa -5 ��.:cved af.er !! 1 `�.a-�_-� �� ;we � �f ,.��1�FB, a-d tLere a:e -o bc-�s . c::�_• ; . t: �e �::e :efe:e-c_:� =s t--:cv " iss�ed !�e:c:e � �: ed, t�8: :eze �Y 1. 1988. e.-f3j- -.Le- !:e-._x-ta: .=!r-:t:e-w��-t-.:ored-_:a _`°'e:e-d�...-_-c:e�_:r.g �='--�e�-:C-r=:e'-.__ -t. , � ._ �= .;e-..c_�-:[ter_-r=�=� � ` _� TC7-�: _�.�� e-=_C:C.��:C�C_St?GC.-:O-=�tGC�,7�:--�� . _t_i ,; -.-:ee; t::e EL't�Cll�y r.,LS� a;;-;;allf F2Y to tLe : L . c..oel cis,r_�� 2� �;-cu::t ef i; crt �e::t tcca2 to t!:e : i'c;e-er.t t�at is attribntable to t} e i;,crease ;� t::e taz ���tacity rate ca�er the re+erer.c;:�. � If cle�ae f'}-e=�=:e� (1 �'ces_;,c�fl��. Lpca aao : bY e r,.ajcrity �•o;e of th ' __rcval a gcverni-g bocy ci t}:e �L�ici:aIity a-d � tre sc!:col b card, t':e avt.*.ority -;;st ray to the sct;eol district aa z-.c.-t of i-�r�e-er. t ecLal to t}e sr.cre-,e�t t;.zt :S Ltt::�'L'C25�2 LO :t:e ir.crease :� t!:e ;ax ce�acity rate L-�e: L refe: e-c;.�a, t e � `''e 2�oLnts of th , ese ir.cre-ents -ay be exper.�ed and -ust be treated b � Y the school distzict in t!:e sa:re ^�arrer as prcvi�ed for t}:e rever,ces �erived frc� t1:e referer.��� levy' 2ppro�•ed by t,•,e voters. � • T..e provis=o:,s of this subdivision 2FP�Y to o;o;ects for uhic!� �ertif:caticn vas ree;;ested before, c�, er.d after ,;�c�st 1, 19i9. � This Agreement is by and between the Cit School District No. 16, 9706 2AA AGREEl4IENT dated as of January 2, 1991, is y of Fridley, Minnesota, and Independent and provides as follows: 1. �efinitions. As used in this Agreement, the following terms have the followinq meanings, respectively: nCitv" means the City of Fridley, Minnesota. " i#�A" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "Proiect" means Redevelopment Project No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.001 through 469.047. "1985 Revenue Bonds" means the HRA's $4,070,000 Tax Increment Revenue Bonds of 1985, dated May 1, 1985. . "Limited Revenue Note" means the HRA's $5,603,755.80 Limited Revenue Cadated Appreciation Tax Increment Note, December 20, 1985. "1985 G.O. Bonds" means the City's $11,550,000 Variable Rate Demand General Obligation Tax Incremer►t Bonds, Series 1985, dated December 30, 1985. "�986 G.O. Bonds" means the City's $10,045,000 General Obligation Tax Increment Refundinq Bonds, Series 1986, dated as of Auqust 1, 1986. "1990 G.O. Bonds" means the City's $9,485,000 General Obligation Tax Increment Refundinq Bonds of 1990, dated March 1, 1990. "Tax Increment Obliaations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the . � . � 1990 G.O. Bonds, and any other contractual obliqations of the HI2A or the City which were entered into prior to the date of this Aqreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. N�F Districtsp means Tax Increment Financinq District Nos. 1 throuqh 10 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Independent School District No. 16, the Spring Lake Park School District. "Subdivision" means Minnesota Statutes Second 1989 Supplement, Section 469.177, Subdivision 10, as amended by Laws of Minnesota 1990, Chapter 604, Article 7, Section 24 (a copy of which is attached hereto as Exhibit B). 2. �ecitals. (a) In certain cases, the Subdivision either requires or allows by agreement certain tax increments attributable to school district referendum tax levies to be paid to school districts. (b) TIF District Nos. 5, 7, 9, and 10 are located entirely within the boundaries of the School District, and a portion of TIF District No. 3 is located within the boundaries of the School District. (c) None of the property within TIF District Nos. 1, 2, 4, 6, and 8 is located within the boundaries of the School District. (d) Zt is the purpose of this Agreement to provide for payment of certain tax increments to the School District pursuant to 9706 2 I 9706 and in accordance with the provision of the Subdivision. (e) Nothing in this Aqreement is intended to violate the covenants and agreements heretofore made respecting the application of tax increments .from the TIF Districts pursuant to the Tax Increment Obliqations. � 3. Representations of the Citv. (a) The Tax Increment Obliqations were issued to finance various activities of the HR,A within the Project. (b) The 1985 Revenue Sonds are not general obligations of the City or the HRA. Tax increments from TIF District Nos. 1 through 5 are pledged to the payment of the 1985 Revenue Bonds, and there are no other sources of funds pledged to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. (c) The Limited Revenue Note is not a general obligation of the City or the HRA and is payable solely from tax increments pledged for such purposes from TIF District No. 6. (d) The 1985 G.O. Bonds were payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds was February 1, 2000. However, on February 1, 1990, the City discharged the 1985 G.O. Bonds by paying all then outstanding principal thereof and interest thereon. (e) The 1986 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds is February 1, 2000. iiowever, the City has advance refunded the 1986 G.O. Bonds via the issuance of the 1990 G.O. Bonds, and the City expects pursuant to said refundinq that all of the principal of 3 ��� 2DD and interest on the 1986 G.O. Bonds will have been paid on or before February 1, 1994. (f) The 1990 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1, 2, 3, and 6, and the final scheduled principal maturity of those Bonds is August 1, 2009. (g) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, and the 1986 G.O. Bonds, and the 1990 G.O. Bonds were outstanding on May 1, 1988, and/or are outstanding on the date of this Agreement. 4. Representations of the School District. (a) On October 8, 1981, the electorate of the School District approved a 5.0 mill continuous levy first effective for the 1981 payable 1982 property taxes. This levy is hereinafter referred to as the "1981 Levy". (b) On February 27, 1986, the electorate of the School District approved a 6.0 mill continuous levy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred to as the "1986 Levy". (c) According to the Minnesota Department of Education, for purposes of the above-mentioned referendum levies the tax capacity rate equivalents of 5 mills and 6 mills are .05226653 and .06271984, respectively. 5. Payment of Tax Increments to School District. The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and to the extent received by the HRA, with respect to the tax increments relating to the 1990 payable 1991 property taxes, as follows: (a) TIF District Nos. 9 and 10. Since TIF District Nos. 9 and 10 were requested for certification after May 1, 1988, the Subdivision does not apply to those Districts, 9706 4 2EE and no tax increments Levy or the 1986 Levy payable to the School attributable to the 1981 from those Districts are District. (b) TIF District No. 7. Since the 1981 Levy and the 1986 Levy were approved prior to the date of certification of TIF District No. 7, the Subdivision does not apply to those Levies with respect to this District, and no tax increments attributable to said Levies from this District are payable to the School District. (c) �sF District No. 5. Since the 1981 Levy was approved prior to the date of cert- ification of TIF District No. 5, the Subdi- vision does not apply to the 1981 Levy, and no tax increments attributable to said Levy from this District are payable to the School District. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 5 which is attributable to the 1986 Levy shall be paid to the School District. (d) �IF District No. 3. Since the 1981 Levy was approved prior to the date of certification of TIF District No. 3, the Subdivision does not apply to the 1981 Levy, and no tax increments attributable to said Levy from this District are payable to the School District. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 3 which is attributable to the 1986 Levy shall be paid to the School District. 6. Further Aareements. Nothinq in this Aqreement is intended or shall be applied in such a manner as to violate the obligations and covenants made by the City or the HRA in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application of the terms of this Aqreement would give rise to a violation of said obligations and covenants, includinq without limitation, the default in the timely and full payment of the Tax Increment Obligations, the applicable tax increments shall be applied instead in the mannez, but only to the extent necessary, to avoid such default or other violation of said covenants or 9706 5 2FF obliqations. Nothinq in this Aqreement shall restrict the City or the HRA in the exercise of the powers which they may have relatinq to the Project or the TIF Districts. In addition, the City and the School District aqree that the provisions of paraqraph 5 providinq for payment of tax increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1990 payable 1991 real estate property taxes, and at the conclusion of said period, th�e City and the School District agree to review the circumstances and to attempt to negotiate in good faith such further aqreement or aqreements as may be permitted by law and which are acceptable to both the City and School District with respect to discretionary payments of such applicable tax increment to the School District. IN WITNESS WHEREOF, the City and the School District have caused this Agreement to be executed by their duly authorized representatives. 9706 CITY OF FRIDLEY, MINNESOTA Mayor City Manager INDEPENDENT SCHOOL DISTRICT NO. 16 School Board Chair Superintendent 6 EXHIBIT A Schedule of Tax Increment Financinq Districts Within Housinq and Redevelopment Project No. 1 of the Fridley I�tA TIF District 1 2 3 4 5 6 7 8 9 10 9706 ame Center City Moore Lake North Area Johnson Printinq/ Skywood Mall Paschke Lake Pointe Winf ield Shorewood Onan/Old Central Northco Phase III Certif ication Date 5/11/79 7/31/81 5/19/82 1/20/84 3/15/84 12/24/85 10/22/86 10/24/86 9/7/89 4/10/90 2GG Independent School District No. 14 13/14 11/16 13/14 16 13 16 14 16 16 EXHIBIT B 2HH Sec. 2<. wSr.r.esc:a Stat::es Secc-d ?�09 S��g'_e-•c�t, sec:_c� <E�.2i7, s���iv?s'_c� 10, :s a-.e��ed ;o :et�: 5���. ?J. (iAY!'.=\i '0 SC:CYL :Ci i:.-_�:�:��.'i L:'vt•) �a :~! r:C'�.S�C.'.S C� L:1:! SL'�?CIVSSSC7 t=� � f :� tEX ..:C:t.:.l.'.L i:.•L.:CS.'.� C_S:[:C:S L�d �.SOjlC�S �C= ��:1C� Cl:��+=�Lt=G7 �tS :!�_t5�ld , �esc:e !!ay !, 1SE8, t`at a:e 2cca:ed i� a sc`ocl distr'_c= i� _�:ca ;.`.e �•c:ezs T:ave a:�zc�ed -ev tax ca�zci:y rates cr aa - fi-arci-q � i-crenst :� tax ca=ac?ty :a:es af:er t.`.e tax i,cre-.e.^.: ' d:s:rict Las certified. �b1 (1) i: t}:ere aze. ::o� c::.sta-ci-q Sc-�s c� Hay 1, 14E3, � ;o �5?c:� i-cze:eat f:ca t�e distr?ct is �le�5ed, cr {i} it t!:e :efa:e-c�� :s ar:rcved af:er !!ay 1,' ?�EH, a-d :.`.ere ars 'o bo-�s ti . cLts:a-Ci'g at :re ti�e :.`.e :e_°ert-c�z is a�::c�ed, t�at �ere iss�ed =e:cre !!Lf 1� 19E8, c:-t:�---'`•'�'=e_e:e-ec..: .-e:ee�:'9 •• _� =:Y_es:e_Y_�- __:cred-_:`e:-�=e--.es:-:eee-:-es�:e � -e :z-et:ee_ _ e:-oe-.d�-`.o-YLSe?�-_.:e:e-.e.:t-_':e.:.-`.�e-d:st::e:--�-�'seeqedr--ir c=-== 'f=7 -f'9-a�Yi:eaT .':e EL'L�CLity -us, a::-�ally zay to e -et t`e ecLool district az a-cu�t ef i-cre �e�: eeLal :o t.*.e .i^cre-er.t t'at is attributable to t.`.e i^crease in Lte tax �� capzcity rate un2er the referer.�::�. e- _'e� tl) Cces -ct LD��i Lpo� approval � (2Z If tla�se t?;- r�'= • by a.;.ajority vote o� t1:e ycver�i-q bcdy of tre r,�unicirality a::d � tte sc}ool bcard, tl:e aut.*.ority -LSt �a f to tie sc?:eol distric: a� a-eL�t of ir.cre:ner.t eeLal to t*e :r.c:e:r.e�t t::at is attributab?e to the ir.crease ia t.`.e :ax cacacity rate L��er tte refere-cu�. . (c :1:e nr..ounts of these ir.cre-.ents nay be expended and ' r..ust be treated by the school dist:?ct in t.*.e sa�re ^a�r�er as , prcvired for tre rever.Les CeriLed fsc:� t!:e referer.ZL� levyj approved by t1:e voters. T!:e provisiors of t`�is subdivision tpply to projects for vhic'� certi'_?cation �as requested before. o�, t-d aftec ;,Lg::st 1, 19%9• � r I i _ _ . -- 3 Community Development Department G DIVISION City of Fridley DATE: February 28, 1991 � �, TO: William Burns, City Manager�. FROM: Barbara Dacy, Community Development Director Steven Barg, Planning Assistant SUBJECT: First Reading of an Ordinance Amendment Regulating Composting and Establishing a New Fee for Yard Waste Transfer Site BACKGROUND ComQostinct • Recently, the rising costs of yard waste disposal and increasing environmental awareness have helped create a greater interest in residential composting. Section 113.07 of the Fridley City Code makes reference to composting as an acceptable practice which is not subject to the normal restrictions governing solid waste storage and disposal. However, there are two potential deficiencies in this code section: 1. Acceptable materials - The existing definition states that only tree leaves and grass clippings may be composted. Currently, information from the University of Minnesota and other sources clearly indicates that additional materials are suitable for composting. 2. Standards - Presently, there are no specific restrictions provided in our ordinance instructing how compost areas are to be constructed and maintained, except that they may not "create a health hazard or nuisance to adjoining properties". This lack of clear standards makes it difficult to protect adjacent properties from the negative effects of improper composting. Further research revealed that several Twin Cities suburbs, including Eden Prairie, Richfield, and Crystal, have adopted ordinances pertaining to composting during the past year. Although these ordinances are too new for any assessment of enforceability, they specify restrictions concerning acceptable materials, setback requirements, appropriate enclosures, and other areas. 3A Composting/Yard Waste February 28, 1991 Page 2 The portion of the attached amendment proposal pertaining to composting was prepared based on information gathered from these ordinances and other sources. It has been modified to reflect stated concerns involving unacceptable materials and limitation of composting to properties containing four or fewer dwelling units. The provisions of this ordinance amendment relating to composting are not intended to discourage residential composting. The intent is to ensure that compost areas are designed and maintained in an appropriate manner. Yard Waste Transfer Site Fee: The proposed ordinance also amends Section 11 of the City Code regarding the gate fee at the yard waste transfer site. Beginning in October of 1990, $3.00 per trip was charged. As a result of resident complaints, we are proposing to change the fees to $2.00 per car and $3.50 per truck or trailer in order to charge for a larger volume of yard waste. Cars would be allowed return trips up to ten bags in one day with a dated receipt. Trucks would not be allowed any return trips. We estimate that the proposed fee structure would also generate about $38,250 in revenues. Expenditures are estimated at $38,093.19. If our estimates are correct, the gate fees should retire the costs to operate the yard waste site. Recommendation Attached for first reading is the ordinance amendment revising Chapters 113 (Solid Waste) regulating composting and 11 (General Provisions and Fees) regulating the yard waste transfer site fee. Staff recommends that the City Council approve the attached ordinance amendment for first reading. SB/dn M-91-138 _ . ORDINANCE NO. ORDINANCE RECODIFYING SECTION 113 OF THE FRIDLEY CITY CODE ENTITLED "SOLID WASTE � DISPOSAL AND RECYCLING COLLECTION" BY ADDING ' SECTIONS 113.01.03, 113.01.04, AND 113.01.17 AND RENUMBERING CONSECUTIVELY, AND AMENDING SECTION 113.07, AND AMENDING SECTION 11 OF THE FRIDLEY CITY CODE ENTITLED "GENERAL PROVISIONS AND FEES" BY AMENDING YARD WASTE TRANSFER SITE GATE FEE The Council of the City of Fridley does hereby ordain as follows: 113.01. DEFINITIONS 3. Compost. A mixture of decaying orQanic matter in a contained area. 4. Compostinct. Anv above c�round microbial process that converts vard waste to _ _ _ . • � ___ _7 iL�����L � Yard Waste. Lawn cligpings and leaves. 113.07. SOLID WASTE DISPOSAL[COMPOSTING 1. No person shall dispose of solid waste, as defined in Section 113.01.&10, upon any lands in the City of Fridley e�ee� unless on an approved landfill site szrr��ru�—�iipprrrEJ �..•• ...}•.. ���,.' t,'""=.---tv—�,� z�.- i�—pargoaa—vT—TE�y"�a.'-'�rr'"rEJ 9ia�3iii�� msrizrraiTZrB—� "�' .�i�3'�'�' mL.' L. i.i L w�1:..L.w• .��L L� ��..L� 1V 4r V L` �LL. 1" '� esr ��e■� �effec,C Cv Q�TV=Ii1TI�c�vivMC+aa� ,f except the terms of Section 113.06.2. 2. Composting is permitted on residential groperties containinct up to four dwelling units provided that all of the followinQ conditions are met: A. A compost area may consist onlv of vard waste. fruit or vegetable waste, eqg shells or coffee arounds ctenerated meat bones arease whole ecrcts dairv products, and human or pet feces. 3C Ordinance No. Page 2 B. A compost area must be fully confined within a fenced area or enclosed structure. C. line. D. A compost area may not exceed 250 square feet or four (4) feet in height. E. A compost area must not be established or maintained in a manner such that it creates a nuisance to adiacent proberties. 11.10. FEES CODE SUBJECT FEE 113 Yard Waste Transfer Site . Gate Fee 52.00 ver car $3.50 per truck or trailer PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: Second Reading: Publication: C� CITY OF FRIDLEY PLANNING COlrII�I88ION MEETING, F$BRIIARY 20, 1991 r.�.w. w. w1.rwrw.ww ww w►�rw w..�.w.�.�rww w. w.�.�..�.wr�.wwww�.w..rwr�.wrrwww.ww.rw�.w.wrw.wn�w.1rw.�w.w.arww. w.1rr w CALL TO ORDER• Chairperson Betzold called the February 20, 1991, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Don Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Connie Modig, Brad Sielaff, Larry Kuechle (for Diane Savage) Members Absent: None Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Mary Nelson, 600 Buffalo Street N.E. Steve Weisenberger, ABRA Jim Benson, Chase Company Charles Seykora, Barna, Guzy & Steffen Law Firm APPROVAL OF FEBRUARY 6, 1991, PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the February 6, 1991, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #91-02. BY VANCE AND MARY NELSON: Per Section 205.24.04.(D) of the Fridley City Code, to allow the construction of a garage and additional living area in the CRP-2 (Flood Fringe) District, on Lots 18-21, Block Y, River-view Heights, the same being 600 Buffalo Street N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE, CSAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND TH8 PIIBLZC HEARING OPEN AT 7:31 P.M. Ms. McPherson stated that the special use permit is to allow the construction of an attached garage and additional living 4.1 pLANNING COMMISSION MEETING. FBBRIIARY 20. 1991 PAGE 2 area in the CRP-2, Flood Fringe, District. The property is located on the southwest corner of the intersection of Buffalo Street and Broad Street in the Riverview Heights area. The property is zoned R-1, Single Family Dwelling, as are the parcels surrounding it. Ms. McPherson stated that currently located on the lot is a single family dwelling unit and a detached two-car garage located in the south portion of the lot. The existing garage will be removed once the addition is completed. The proposed addition will include three bedrooms, a bath, and an open play area on the second floor which will be over the garage, storage, and laundry and shop areas. Ms. McPherson stated the Department of Natural Resources reviewed the proposed floor plan. The living area will be above the 100 year flood elevation of 823 feet. However, the storage and garage and shop area will be below the flood elevation. This is permitted by code and also by the Department of Natural Resources. Ms. McPherson stated the Department of Natural Resources expressed concern regarding the shop area, that the petitioners and flood insurance company could incur a larger loss if expensive materials are stored in the shop area. Ms. McPherson stated the shop area is also large enough so that it could be converted to habitable living space. As the floor elevation would be below the 100 year flood elevation, that would be in violation of code. Staff has proposed that the addition could be constructed such that this portion of the house could be constructed on stilts; thereby eliminating the need for the enclosed shop area. However, if the petitioners prefer to have the shop area as proposed, staff is recommending a stipulation on the special use permit such that they should agree to sign an agreement prohibiting this area from being converted to living area and to hold the City harmless should any expensive equipment be lost in a future flood. Ms. McPherson stated staff recommends that the Planning Commission recommend to �the City Council approval of the special use permit with the following stipulations: 1. The addition shall be floodproofed in accordance with the requirements of the building code. 2. An elevation certificate shall be completed and submitted to the City verifying that the second floor is above the 100 year flood elevation. �i � �LANNING COMMISSION MEETING, FEBRIIARY 20. 1991 PAGE 3 3. The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment lost from the shop area and, in addition, agrees that the shop area shall not be converted to habitable living area. 4. The driveway shall be paved by November 1, 1991. Ms. McPherson stated that in speaking with the petitioners, they currently have a hard surface asphalt driveway, and the petitioners have indicated that the asphalt driveway will be converted to a concrete driveway once the addition is completed. Stipulation #4 is unnecessary. Mr. Betzold stated that regarding stipulation #3, he thought it might be better to split that into two stipulations as it is talking about two different agreements. The other concern he had is about the hold harmless agreement relating to the equipment. In past instances when they have had requests to build in the flood plain area, the Commission has stipulated hold harmless agreements for the whole building, so that the City can't be held liable because a person(s) was allowed to build in the flood plain area. Can they expand that stipulation beyond the equipment to any damage done to the property? Ms. Dacy stated she believed that in some other instances, that stipulation was placed on brand new construction. If the Commission wants to stipulate that the hold harmless agreement would pertain to the entire existing house and to the property, that could probably be done. Staff's attention was focused on the shop area. Mr. Kondrick asked if any of the neighbors have voiced any opposition to this special use permit request. Ms. McPherson stated staff has not received any calls. Ms. Mary Nelson, 600 Buffalo Street, stated that when they first started this project, they realized that there were codes pertaining to the flood zone, so they hired a designer to work with the City to design an addition that would meet the codes as best as possible. Ms. Nelson stated they have an area on the deck designated for a future screened-in porch. They have no intention of using the shop area for anything but a work area. They would be more than happy to sign an agreement to waive the City of any liability. Ms. Nelson stated the reason for their proposal is because her children, who usually spend summers with her, decided at 4.3 PLANNIN(3 COMMISSION MEETIN(3. FEBRIIARY 20, 1991 PAGE 4 Christmas to come and live with her permanently. They decided they did not want to change school districts, and they also want to stay because this is such a beautiful area. MOTION by Mr. Saba, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE, ALL VOTIN(i !lY$, CHAIRPERBON BETZOLD DECLARED T8E MOTION CARRIED AND T8E PIIBLIC HEARIN(i CLOSED AT 7:45 P.M. MOTION by Ms. Sherek, seconded by Mr. Sielaff, to recommend to City Council approval of special use permit, SP #91-02, by Vance and Mary Nelson, per Section 205.24.04.(D) of the Fridley City Code, to allow the construction of a garage and additional living area in the CRP-2 (Flood Fringe) District, on Lots 18-21, Block Y, Riverview Heiqhts, the same being 600 Buffalo Street N.E., with the following stipulations: 1. The addition shall be floodproofed in accordance with the requirements of the building code. 2. An elevation certificate shall be completed and submitted to the City•verifying that the second floor is above the 100 year flood elevation. 3. The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment lost from the shop area or the shop area itself. 4. The petitioner shall sign and record against the property an agreement that the shop area and garage area shall not be converted to habitable living area. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will go to City Council on March 4, 1991. 2. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT�__SP #91-03 BY STEVE WEISENBERGER FOR ABRA: Per Section 205.15.O1.C. (8) of the Fridley City Code, to allow exterior storage of materials and equipment on Lot 4, Block 2, East Ranch Estates Second Addition, generally located at 771Q University Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. � r 4.4 pLANNINa COMMI88ION MEETING. FEHRIIARY 20. 1991 PA�3S 5 IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPSR80N BLTZOLD DECLARED T8E MOTION CARRIED AND THE PIIBLIC BEARINa OPEN AT ?:45 P.M. Ms. McPherson stated ABRA Auto Body Refinishers of America is requesting a special use permit to change stipulation #1 from their original special use permit to allow a repair garage, which was issued on July 6, 1987, which prohibited the outside storage of damaged vehicles, parts, and equipment. Ms. McPherson stated the property is zoned C-3, General Shopping Center. There is additional C-3 zoning to the north and south, with M-2, Heavy Industrial, zoning to the west. The City of Spring Lake Park is located across University Avenue to the east. Ms. McPherson stated the petitioner is proposing to expand and then enclose the parking area to store damaged vehicles, parts, and equipment. The City Code does allow outside storage of materials and equipment in this district with a special use permit, and the City recently issued an outdoor storage special use permit to Northtown Nissan which is directly north of the parcel. The Northtown Nissan storage area is fenced but it does not have slatting or screening. The proposed storage area by ABRA would be paved and have some type of screening fence. Ms. McPherson stated the petitioner did agree in 1987 that there would not be any outdoor storage; however, the petitioner has been storing damaged vehicles in the parking area over the last six months. In addition to storing the vehicles outside, the petitioner has failed to complete stipulation #9 from the original special use permit, which required that the dumpster be stored inside or be enclosed in a masonry structure compatible with the existing structure. Ms. McPherson stated that since the City has issued special use permits for outdoor storage in this area, staff recommends that the Planning Commission recommend to City Council approval of the special use permit request with the following stipulations: 1. The parking area shall be expanded and paved with curbing. 2. A six foot high screening fence shall be constructed to enclose the storage area. 3. Stipulation #9 from SP #87-11 to enclose the dumpster shall be completed. 4.5 pLANNING COlYIIrII88ION MEETING. F$BRIIARY Z0. 1991 PAQ$ 6 4. A performance bond in the amount af 3$ of the construction costs of the outdoor improvements shall be issued to the City. Mr. Jim Benson, Chase Company, stated he is the original developer of the property and is representing ABRA. Steve Weisenberger of ABRA is also at the meeting. He stated the petitioner agrees with the staff report, and they are at the meeting to answer questions. Mr. Kondrick asked how the City can be assured that ABRA will comply with the special use permit and the stipulations. Ms. Dacy stated that is part of the purpose for the performance bond. The other vehicle is that if ABRA does not meet these stipulations, then the Council always has the right to hold a revocation hearing and revoke the special use permit. She stated staff could also inspect the site in July or August to determine whether or not ABRA is in compliance with the stipulations. Mr. Benson stated that ABRA is 5 1/2 years old. They started in Fridley at the University Avenue Business Center. They now have 14 locations throughout the metropolitan area. Their first building was the first prototype building. In 1987, ABRA was sure they could do everything inside the prototype building and meet all the stipulations. As the business grew, the first prototype building became inadequate so they built bigger buildings on a bigger piece of land. Fortunately, this piece of land is bigger than they originally needed, so the additional land is now available. In order to stay in compliance with the original stipulation, which is not to have an unsightly facility, ABRA is requesting this special use permit for exterior storage. Ms. Modig asked why ABRA has not been in compliance regarding the dumpster. Mr. Benson stated the dumpster was originally inside the building. They found that did not work well and that the dumpster was not an appropriate dumpster because it was on rollers. They also needed to go to a larger dumpster, and bigger dumpsters do not come on rollers and are very difficult to get in and out of a building. He was not sure at what point the dumpster was put outside the building, but this special use permit request is also to satisfy the stipulation of the original special use permit and put the dumpster into a concrete structure. Mr. Sielaff stated it appears that the Code Enforcement Officer, Steve Barg, talked to ABRA twice and conducted a 4.6 PLANNING COMMISSION MEETINC�3 FBBRIIARY 20 1991 AGE 7 number of reinspections. Why was that necessary to get compliance? Mr. Benson stated he believed at the time the City raised the issue, ABRA started looking at alternatives. That process took a little longer than the City would have liked, and he apologized for that. But, ABRA is here to comply with all stipulations, and they want to be a good neighbor in the City of Fridley. Mr. Kondrick stated that the performance bond in the amount of 3� does not amount to much, and it does not provide much incentive for compliance. Mr. Saba stated that in 1987 when ABRA came before the Commission for a special use permit, they told the Commission that the type of repair work done would be light body work and basically painting. Now they are doing heavy body work. He is concerned that there will be severely damaged vehicles packed into that storage area which will be visible from the University Avenue. Mr. Benson stated the fence will be completely opaque and 6 feet high, so the vehicles will not be visible. There are certain times of the year when there is more of an overflow of damaged vehicles than other times of the year. He believed Steve Weisenberger, Manager of ABRA, understands very well that if he continues to violats the special use permit that he is jeopardizing that special use permit. ABRA is a good company. He works with them every day, and they have no intention to get the special use permit passed and then go on as before. They have an attractive facility, and they want to keep it that way. Mr. Sielaff asked if the proposed storage area is large enough to accommodate ABRA's needs. Mr. Weisenberger stated he believed this area would be adequate. The outdoor storage area will be just for cars they cannot get inside the building. Right now is their busiest season, and they have about 10-15 cars outside. Those are cars that are in process and are not there for long periods of time. During the summer, they can usually get all the cars inside the building. MOTION by Mr. Kondrick, seconded by Ms. Modig, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYB, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARINa CLOSED AT 8:05 P.M. 4.7 PLANNING COMMISSION MEETING, FEBRIIARY 20, 1991 PAGE 8 Mr. Kondrick stated that if the petitioner complies with the special use permit and the stipulations, that is fine; but ABRA should be put on notice that if they do not comply this time, the City will be monitoring them closely. Mr. Kuechle stated he did not believe a performance bond in the amount of 3� is adequate. He would be in favor of raising the performance bond to 10$. Ms. Sherek agreed. Zt should either be a higher percentage or a flat minimum. Mr. Saba and Mr. Rondrick also agreed. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recammend to City Council approval of special use permit, SP #91-03, by ABRA Auto Body Refinishers of America, with the following stipulations: 1. 2. 3. The parking area shall be expanded and paved with curbing. A six foot high screening fence shall be constructed to enclose the storage area. Stipulation #9 from SP #87-11 to enclose the dumpster shall be completed. 4. A performance bond in the amount of 10� of the construction costs of the outdoor improvements shall be issued to the City. Mr. Kondrick stated that it is the opinion of the Planning Commission that they will be very angry if ABRA does not comply, and they want ABRA to understand that they must meet these stipulations or else. Mr. Sielaff stated he is bothered by the past noncompliance, but with the increased performance bond plus more frequent inspections by the City, he could vote in favor of the special use permit request. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPLRBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Betzold stated this item will also to go the City Council on March 4, 1991. I � pLANNINa COMMISSION MEETING, FEBRIIARY 20, 1991 PAa� 9 3. �ONSIDERATION OF A LOT SPLIT L S. #91-01 BY CHARLES SEYKORA: To split off that part of Lot 6, Block 5, Pearson's Craigway Estates 2nd Addition, Anoka County, Minnesota, which lies southeasterly of a line 3.5 feet northwesterly of and parallel with the southeast line of said Lot 6, and combine it with Lot 7, generally located at 7836 and 7830 Alden Way N.E. Ms. McPherson stated.the petitioner is proposing to split 3.5 feet of Lot 6 to combine it with Lot 7, Block 5, Pearson's Craigway Estates 2nd Addition, the same being 7836 and 783Q Alden Way. Both properties are zoned R-1, Single Family Dwelling, and abut the Mississippi River bluff line and overlook Riverview Heights Park and the Mississippi River to the west. Ms. McPherson stated the proposed lot split is to correct an encroachment of a sidewalk from Lot 7 onto Lot 6. The 3.5 feet will not adversely impact either lot regarding lot width or lot area. Ms. McPherson stated staff recommends that the Planning Commission recommend to City Council approval of the lot split with one stipulation: 1. The portion to be split shall be coYabined with Lot 7 and expressed on one tax statement. Mr. Charles Seykora stated he does not own either property. He is an attorney retained by Universal Title Insurance Company, because Mr. John Meador's sidewalk encroached onto the property next door. He is representing Mr. Meador (7830 Alden Wayj to try to correct his encroachment problem. Staff has made a very good analysis of what is involved. MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of lot split, L.S. #91-01, by Charles Seykora, to split off that part of Lot 6, Block 5, Pearson's Craigway Estates 2nd Addition, Anoka County, Minnesota, which lies southeasterly of a line 3.5 feet northwesterly of and parallel with the southeast line of said Lot 6, and combine it with Lot 7, generally located at 7836 and 7830 Alden Way N.E., with one stipulation: 1. The portion to be split shall be combined with Lot 7 and expressed on one tax statement. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPEItBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOOSLY. Mr. Betzold stated this item will go to City Council on March 4, 1991. 4.9 PLANNING COMMISSION MEETING, FEBRIIARY 20, �991 PAGE 10 4. RECEIVE JANUARY 1Q 1991 HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to receive the January 10, 1991, Housing & Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTINt3 AYL, CHAIRP8R80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. RECEIVE JANUARY 15 1991 ENVIRONMENTAL OUALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the January 15, 1991, Environmental Quality and Energy Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLP,RED THE MOTION CARRIED IINANIMOIISLY. 6. RECEIVE FEBRUARY 5 1991 APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the February 5, 1991, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTIN(i lIYS, CHAIRPER80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT• MOTION by Mr. Sielaff, seconded by Ms. Modig, to adjourn the meeting. Upon a voice vote, Chairperson Betzold declared the February 20, 1991, Planning Commission meeting adjourned at 8:15 p.m. Respectfully sub tted, yn Saba Recording Secretary r � � I DATE: TO: FROM: SUBJECT: � Community Development Department PLASJIVING DIVISION City of Fridley February 27, 1991 William Burns Cit Manager ��� . Y � Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Special Use Permit, SP #91-02, by Vance and Mary Nelson Attached is the above-referenced staff report. The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following amended stipulations: 1. The addition shall be flood-proofed in accordance with the requirements of the building code. 2. An elevation certificate shall be completed and submitted to the City verifying that the second floor is above the 100 year flood elevation. 3. The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment or materials lost from the addition. 4. The petitioner shall sign and record against the property an agreement which states that the shop area shall not be converted to habitable living area. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-91-139 1 � � � , � STAFF APPEALS DATE REPORT 4.11 I�i��F PLAI�VING COMNINSSION DATE : February 20, 1991 �I ��DL� (;� (`,Q��1j(�L �A'j� : March 4, 1991 q�Hpq MMldn '�REQUEST i PERMIT NUMBER � APPLICANT � PROPOSED REQUEST ' LOCATION i SITE DATA S{ZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONWG UTLJT�S PARK DEDICATION ANALYSIS FINANClAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBiUTY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION '� � SP 4t91-02 Vance/Mary Nelson _ - 1 s �iz s �c. � clrr of � t1� ET , �,;s l , � � i ,,�r•" � 1 r. 1 \�. ` „-""�'" :,�, , ..: . , -1 \ 1 r�"' 1► �E{�t '�r„�• �i . � " , \ -:r ' �*•'�' ''�.✓ = w- i�i�':'� r S ,��.. .�.r .°�,. — f� . � �.• _ �,�•��Ah'��'��lY•� V'���,.�v�.r+���.+ � I ,i�� ��;, � +�. � J� 3� W .F�lr1�t�l • i: � . 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'. � W � \ • 0 1� .� , 1 ' �� PQ� � • � . � � . f 1 � y C'_a l'.� • � ' S ZONING MAP 3 4.14 Staff Report SP #91-02, Vance and Mary Nelson Page 2 Rec�uest The petitioners are requesting that a special use permit be granted to allow construction of �an attached garage and an additional living area in the CRP-2 �(Flood Fringe) district. The request is for Lots 18, 19, 20 and 21, Block Y, Riverview Heights. In addition to the special use permit, the petitioners have applied for a front yard setback variance from 35 feet to 14.5 feet and 21 feet. The Appeals Commission recommended approval of the variance request to the City Council at their February 5, 1991 meeting. Site Located on the parcel is a single family dwelling unit with a detached two car garage. The petitioners are proposing to construct an addition which will be two stories. Garage and storage areas will be located on the lower level and bedrooms, bath, and living area on the upper level. The property is zoned R-1, Single Family Dwelling as are the parcels to the north, south, east, and west. Analysis The proposed addition is designed such that the living area will be above the 100 year flood elevation of 823. The first floor area is to be used for garage, storage, laundry and shop areas. Staff sent the proposed plans to the Department of Natural Resources for review. Tom Hovey, area representative for the DNR, expressed concern that the shop area would be used to house expensive tools and equipment which could be lost if the property should experience a 100 year flood. An agreement holding the City harmless is this occurs should be signed and recorded against the property. It is possible that the addition could be constructed without the shop area such that the upper story could be built on stilts. The shop and garage areas will need to be flood proofed in accordance with the requirements of the building code. In addition, the shop area is large enough that it could be converted to additional living area (three or four season porch). If this occurred, the floor elevation would be below the 100 year flood elevation, and in violation of code. If the petitioners do not want to eliminate the shop area, an agreement should be signed and recorded against the property so that this area cannot be converted to habitable living space by either the Nelson's or future owners. Recommendation Staff recommends that the Planning Commission recommend approval 4.15 Staff Report SP #91-02, Vance and Mary Nelson Page 3 to the City Council of the special use permit request, SP #91-02, to allow the construction of a garage and additional living area in the CRP-2 district, with the following stipulations: 1. The addition shall be flood proofed in accordance with the requirements of the building code. 2. An elevation certificate shall be completed and submitted to the City verifying that the second floor is above the 100 year flood elevation. 3. The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment lost from the shop area and in addition agrees that the shop area shall not be converted to habitable living area. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission also voted to divide stipulation #3 into two separate stipulations as follows: 3. The petitioner shall sign and record against the property an agreement which holds the City harmless for any equipment or materials lost from the addition. 4. The petitioner shall sign and record against the property an agreement which states that the shop area not be converted to habitable living area. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. o� V� - C7 = aLL W z� z- = � Wg �° z� rr h ►�� � LL� Y N � U-_ Q �. O W z U � % a 0 `p�/1pildw 1Nn} 1? i �� �� ,1._ . - n, r- •• , ! � � � ._ o � ' :l7 ; � � �� �.�.' { " � � : ' � �� Z� ' iL.� i y 1 �� w ! �w ��� o � � fi t .��� .�., ; < a+n°-0°n�",o � .�% 7MIV�1! A�101�'1 / �-.�.� � 1�� � ' 0 s� = - �a��� $ : � ; � �i��� � x � � ��� 3i s E � „ .� � t���s g � � ���'� � � � t��a� � €� � ! � Y � � � � i � ° �° � � 'w = O � f y n S �Y '� P � � F� � ; t����� � $o w �� r ; : � � � f €i�� � �9 ^ = � �$��'� Y �i r } � �•� �� �� � � � ������ �� `�, ^ � O� ii C���y n= �.g � � � H �' : � �i: �� �3 SP 4�91-02 �_ � � � • . � .. � � -� t .. �� . •� / .�v� � u u. 0 N � ° U Z � 0 W � � � � _ m � i E X I ST 1 N G SiT t r�H� � � , 0 r 4 W ... �. � t� . i-� ". w �� POC , � . �n� �oE� . � � � �:� ! I Sl ♦� O-�C • _ � ON11Y1M0 �,vys �aoi�-� er f1ti�� M �� � �}� � � .�+ ..... ••- � _ _-_-_ � -� ;� � � SP 4�91-02 Vance/Mary Nelson � a � '� . � � � �� �. � - -- —� . .1 � � 1 ;� ^ � 9 � 7 7 �� �L��'�e = e �' ���i�� � = _ � � ,�. 3 �• .a 2 a� �� � c � {i � � w .i w � � � � � St .� r; z� � t���� � � .• = !�°�! s � E C7� � ��e�� ; • z ' � � a3 ��� � €� W� � q d a���it � �� � = �� � l� � � 7 u n H �� � 2 �Y��� 9 �'� y� z W ���j�� � E� � ,� U � � °� ������ y �� � a � ��i�eEJ � � � i j �' � �� � � � � ����'� �� �k�f W ^ ^ m '�� � 6� C L� Us $ � �,�i °� ?g � � -� =9 � �js=��� '�� �� . A� > > '� ��:i�i� �� �� _-----� '', � w) w � Q _ W x U Z w O � .. ,�;; y �v' �� 4' �� � z m 0 -, PROPOSED SITE PLAN •I� SP ��91-02 Vance/Mary Nelson C� SEC'��t� FInoR �U.►J . '— � t I� • -�o" 7J F� � --�-- I �� i� i FLOOR PLAN � 0 0 7 0 . � j�l � � z � . � 0 SP #91-02 Vance/Mary Nelson / /� � r/ . �� 4. r �� � SECTION 4.2 2 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, February 20, 1991 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #91- 02, by Vance and Mary Nelson, per Section 205.24.04.(D) of the Fridley City Code, to allow the construction of a garage and additional living area in the CRP-2 (Flood Fringe) District, on Lots 18-21, Block Y, Riverview Heights, the same being 600 Buffalo Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: February 6, 1991 February 13, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. SP 4i90-02 Vance & Mary Nelson Garland Lagesse 7951 Broad Avenue N.E. Fridley, MN 55432 James Bowe/Resident 7919 Broad Avenue N.E. Fridley, MN 55432 James Bowe 2546 - 3rd Street N.E. Minneapolis, MN 55418 Stephen Sundquist 630 Cheryl Street N.E. Fridley, MN 55432 Clark Nason 614 Cheryl Street N.E. Fridley, MN 55432 Gordon Hedlund 1255 Pike Lake Drive New Brighton, MN 55112 Frank Shimek 7901 Riverview Terrace N.E. Fridley, MN 55432 Bruce Thompson 6212 Hillside Road Edina, MN 55436 Bruce Thompson/Resident 630 Buffalo Street N. Fridley, MN 55432� Margaret Iverson 7899 Broad Avenue N.E. Fridley, MN 55432 Barbara Bollig 58] Buffalo Street N.E. Fridley, MN 55432 Anthony Turek 611 Buffalo Street N.E. Fridley, MN 55432 MAILING LIST James Brady 641 Buffalo Street N.E. Fridley, MN 55432 Planning 2/1/91 Council Joel �Marquardt 7921 Riverview Terrace N.E. Fridley, MN 55432 Earl Gemmill 468 Longfellow Street N.E. Fridley, MN 55432 Kevin Holman 571 - 79th Way N.E. Fridley, MN 55432 Bergsagel and Rogness 16515 - 6th Avenue North Plymouth, MN 55447 Walter Rasmussen 541 - 79th Way N.E. Fridley, NIN 55432 Earl Gemmill/Resident 555 - 79th Way N.E. Fridley, MN 55432 Robert Kohls 640 Cheryl Street N.E. Fridley, MN 55432 Vance Nelson 600 Buffalo Street N.E. Fridley, MN 55432 City Council Members Planning Comm. Chair 4.2 3 ltVC�.. �dV� �pwt�'pvJ � � � -��ss- -�'oK �.����w �.., 4.24 6431 �ITY AVH� N.B. ����1� � N S'l FRIDLEY, l�IId 55�32 ��Dev�elCQloe�at �ipar�it (612) 571-3450 ,� -7 � _ � OS� ( [ % _�' : «r � ='� i='�� ��� �' • .:•. P�JPER'1�Y II�D�TIoN - site plan required for sut�mittals; see attached �.�. �: �?60 �d�f�t�:v S7� Legal descriptioai: „ , � i y z.� z, I�� Y ���� �� ��� �► �� � l� airrent zor�ing: E. square foata�/a�reage //0 x//b Rea..SOn for s�ecial use �rn+; t: � �L00 D pL A� l'� � SeC.'tlOIl Of �.'�1� OOC�: ��-/ r v"i •�• C�� FEE di�il�R II�OI�'I'I�1 (Contract Purd�aseYS: F�ae Owners mLSt sic� thi.s fonm prior to prooessirxJ) rrr� (/G�. l � � ��1 FY� � � vo �3 � ��� �v ��-. r. r• • �� � �,r�-36yy � �.................. ........,..,.._........_ ►• i • ��:-�. � I ` • ♦ � � • t I • '�: 1 C h � . . , � ' /, ,�_� � ' � r . � .. �,. _ - • 1 � �� l%�.-� _ �i a ' 1 I � � • - •.- :��; • . •�� • • • • � � . r - •�� _�- • i i A�11CdtlOfl YEOEIV� bY: sa�a�ea Pi�i� o���► aa�: �..�he Z�� � 9'9 / Sc��eduled city Oo�mcil date: r _ � J Community Development Department PL�ANNING DIVISION City of Fridley DATE: February 28, 1991 �.� To: William Burns, City Manager�. FROM: Barbara Dacy, Community Development Director SUBJECT: Special Use Permit, SP #91-03, by ABRA "ri Attached is the above-referenced staff report. The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following amended stipulations: 1. 2. 3. 4. The expanded parking area shall be paved and lined with curbing. A six foot high screening fence shall be constructed to enclose the storage area. Stipulation #9 from SP #87-11 to enclose the dumpster shall be completed. A performance bond in the amount of 10� of the construction costs of the outdoor improvements shall be issued to the City. Staff recommends that the City Council concur with the Planning Commission action. NII�I/dn M-91-140 � 4.26 � S TAFF REPORT � APPEALS DATE , C�'��F pLq(�NG CONMAISSION DATE : February 20, 1991 '��DL,� CITY COUNGL DATE : March 4, I 991 AUTHOR BD n— REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LANO USES � ZONING ��$ PARK DEDICATtON ANALYSIS FlNANCIAL IMPIJCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIUTY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATI4NS STAFF RECOMMENDATtON APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION � SP ��91-03 ABRA Auto Body Refinishers of America To allow exterior storage of materials and equipment 7710 University Avenue N.E. 1.16 acres C-3, General Shopping Center C-3, Ge*_:eral Siioppin� CenteL to the North and South; M-2, Heavy indus*_�ial to the West; Spring Lake Park to the �ast No Yes Approval Approval SP �i91-03 ABRA Auto Body o a� i / �T� �.� .�ti"� � ^ 6 <s� `� � G, �� � �� :; 4:� � I, � (1;� ; � � S : c : n: W � , (l;) �, z , � V ..���.�.� W 7920 � ��E �' �' �c;+ ; — *w •°1 � , , �� � ,, �p;i �� ,.�"� a . � ; .. ( � A�' /1 � � � I Z � re S W a 1 � �.r�l � I; B Cs�) ,� F �:) 6 �l�tiM�.'�� 2��� � � N-+ .{s. <<..�r .isr.c,.ras i �, �►';� � •� / p l.ae.r�. I I �ti�.y _J ir __,f "+ � ! s'.�'s !�� ., � 1 �t a � f' �i i � p'� � � ', �11e� r y `o ' . ? 7f * NI 11 � . • \ , �� ti 1LJ'1Y�f.�6 ��� � ,i,� � � C" - _L .. ' j cl�.� fAJF 1 / N.'•. '� � � °��9A - �r � • � ' � . ...... � h ' w� /!. \ ... �._ � F i f . . 1 �j�g 4°'+1jII � �4�� ° - . '1l�,�d 7�9� ' 8 a� -� Z� r('_� ���� _ l� O � / � 7b9s 7920 -7aae �: _� � �t� (o� J: „ �.- � rl � � ' 7 b7 � �i � � � , � �;) � • _ � ��f� � ' — I .fiv..iw�rr� . � � � �� .. -� � �� A -�� � . �, �v,.- ,..�,.�.r,. s. � . �;� -�- � ti 3 �� G N. � 2 z � :� a � ��� : I �f� � � M y (3) . �.. . � i � � �, <��> � l0 � 78�� r► V S� 7a�S I� w � Q � <f) E A A -�f�-_ � _� . -, •- ..: . . ;: � V` `�e � . � I y � . ; _____ ,.—. S .: � j., ,, , , � H• 2 � a. M G 8 (s� I': 7 73 � e i� � (�� �' � �7�3 �'� o '�� y Qs � � :. � ,r ,. A, ��a � � �'f ao ., • �' ''' � •y _� /�,� � :Y : �t �' �..$�'�. .�.�.' � s i .: . � , � _ ��03 ( ..�. �.'�tr�'�{�;;: •' � � � ��02 ��a3 ;.�: � � 8 :� : �:� : � �: :�:�: :�:• ' , -(�s� � s- ��::::�.• ._ ';�oo•. . - ' 7�03 , 7 �rs� (�) �� , f�, , 7l �y ,ea � wwr.!k. j:;.l. � �:70 � ,� I .. �"' , `1� �s .v►' r a � 1 �' --- �/ I,�-•- l.•ef- �s�� �M � � A.'/Jl1J�A!' �Sr v�....vw.rry I � �"t � • �/ 33 _s LOCATION MAP 4.29 Staff Report SP #91-03, ABRA Auto Body Page 2 Request ABRA is processing a special use permit in order to change stipulation #1 from their original special use permit, to allow a repair garage, which was�issued on July 6, 1987 which prohibited the outside storage of damaged vehicles, parts, and equipment (see attached Action Taken letter). The request is for Lot 4, Block 2, East Ranch Estates 2nd Addition, the same being 7710 University Avenue N.E. Site Located on the parcel is a one story brick building which is used to repair vehicles damaged in auto accidents. The property is zoned C-3, General Shopping Center. There is additional C-3 zoning to the north and south, with M-2, Heavy Industrial zoning to the west. The City of Spring Lake Park is located east across University Avenue. Analysis Section 205.15.O1.C.(8) of the City Code does allow outside storage of materials and equipment with a special use permit. The petitioner proposes to expand the parking area and fence this area to store damaged vehicles and equipment. The petitioner originally agreed in 1987 that there would be no outdoor storage of damaged vehicles. The petitioner has been storing damaged vehicles in the parking area over the last six months (see attached correspondence from Steve Barg, Code Enforcement Officer). In addition to storing the vehicles outside, the petitioner has failed to complete stipulation #9 from the original special use permit which required that the dumpster be stored inside or be enclosed in a masonry structure compatible with the existing structure. The City has determined that outdoor storage can occur in the C-3, General Shopping Center district. Northtown Nissan, directly north of the subject parcel, was granted a special use permit for outdoor storage of vehicles including boats. Northtown Nissan's storage area is fenced, but does not have slatting. As proposed, the storage area should be screened from public view. The expanded storage area should be paved and curbed, a screening fence should be constructed to enclose the storage area, and a masonry enclosure for the dumpster should be constructed. In addition, a performance bond for 3� of the construction costs of these improvements should be issued to the City to ensure that the work is completed. 4.30 Staff Report SP #91-03, ABRA Auto Body Page 3 Recommendation Staff recommends that the Planning Commission approve special use permit request, SP #91-03, to the City Council with the following stipulations: 1. The expanded parking area shall be paved and lined with curbing. 2. A six foot high screening fence shall be constructed to enclose the storage area. 3. Stipulation #9 from SP #87-11 to enclose the dumpster shall be completed. 4. A performance bond in the amount of 3� of the construction costs of the outdoor improvements shall be issued to the City. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission also voted to amend stipulation #4 to read as follows: 4. A performance bond in the amount of 10� of the construction costs of the outdoor improvements shall be issued to the City. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. � � i �� �,, �- i �l o �- I 1 , , , � �� �� � ,_, � r� i' W �i2 r. k 1 �1 E�!� � Y � u e' 1 _ , g, , ,, � ...,. � ..o.m..°�'� � � ;, �n (� -�a u t:_o) r L �► ; � s � v� .SS 1� � ,�,� � c;�:�t� ' ;,, j' . �i=-� • � Y1� � • - � - --- i �- - --- - ���� `. . . . , S I - � -- y •0,2 =�0,5 .O�SZ _0�0.� 1 M-- - ' i _ � ' °-:4 i � .._. � � � � � � �� � i � i, � r �� � I� 1 � i � `�'�.-�►-- - : -i i , � S _ � i�, i y[Q1 \� 1 � I � �- , ! —� !�; ' •: •� ; `t� ' 1 i _� �== --- - - �1� I '� 1 I � 1 . ' } � �` � 1 1 1 f� ,i ��� ►-,J �'� � � 1 y � j-- \-• —� I I �• •--- t� h l -, I �p / � . .. _. . _-'• �, �1) � -� `(�Y�\I � 2 h � � - I :4i� �� +� . � r �� 1 � ; , .I � � ;; x� u � � � '� �� �i� �� n' �j�1�,: � � � �� � �� ti i 1 l,• ` • U� � � �,� 4'� �t�w � ���� !' � °, � � � � » Y� �, �4 �i h F �'; � � � S; s� ' � �N, 5>,> i� ���p�,�$ � 4� � 1 ;[� � `'11W � )� p2.��j f 1�; ��� + , ���t�'U �r��W� N3W Y��l� i / A " � � - - - -. _.. . -- 7 1 °-- - •i ` _--. .. .... . _. _._.. i / � � . �+ � + - -- — - �--- -�-----=- - -� �, � � � _. ���, � i . _� _ - - �- - - -.� ,o;oB ' � , ,,;'s. - ,�, - - � �- .�,- - -- -- - - - -- -- r� _ ,��J�� �' —. .._ - ---� -- -- � -- - �=u1 � u t�r _ � ^ � ks� �� ' U� t� ��Y� ;;,�,� � � 'M3 �c, �i�`�l t • '! Area to be Enclosed � I I i � � � I I I I I �. 1 I I i I I � I i i j I I I � I I _ � _ i . i i. _ � _! __! nna� i.. ic..c+ n c �� �� : � ' i � �i � � O �u � � II z- - }4. 1 wp y „ ��i n� ! �� �i I �� 8, � �, �� N ll� � � w ., .,z � `� � , �4 I ��.1 P1!-:; � ,� , �'�y t, .��r � � � �, � I1�Y1� i � �. : �u �. �,; v -- g 'qC `� � �1 VC � V g `� ,� . � 3� � a . J � w �I � � ^ � �; 0 SITE PLAN � � ctnroF FRIDLEY 4.32 CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 � � ! � ���1 �., _��_� \.�I « Jim Benson Se�r 24, 1937 Greo B racibury 620 Menc3elssohn Avenue, 51�ite 137 Mitu�eapolis, I✓,N 55427 Qz July 6, 1987 the Fridley City Council officia].ly apprwed your request for a Special Use Permit, SP #87-11, to allaw a repair garage on Lot 4, Block 2, East Ranch Estates Second Addition, the same being 7710 University Avenue N. E. with the follaaing stipulations: 1. No outsicle storage of damaged vehicles or any parts or equignent allowed. 2. Prw ide proof c�f permits f rocn Anoka County to handle haz ardous wastes. (completed) 3. All averhead doors anc3 man cbors to match building striping. 4. S1�pply building facade materi�►1 samples for staff approval prior to pezm itti ng. 5. Pra�ide addition�l evergreen screening of averhead door areas. To be incorporated on lanc�cape glan b� 6J29187. tcomgleted) 6. All green areas to have automatic sprinkling.�on ��a„5� 7. Pravide ooncrete curbing 5 foot setback of f building where no overhean aoors are Flanned. �oh �kw�y� 8. Provide plans and specifications for odor mitigation equignent. Draft f il tr ation sy stan to be appr w ed t� Staf f. (compl eted) 9. Ampster to be stored insic3e or in a masonry enclosure compatible with structure. 10. All roof top equignent to be screened frcm view. If you have ariy questions regarding the above action, Flanriing Department at 571-3450. Sincerely • anes L. Robinson Planning Coordirator JLR/dm please call the Please review the noted stipulations, sic� the statesnent belaw and return one cop� to the City of Fridle� Planning Department b� October 8, 1987. oc : Rd�rt Schroer - - � " «l/, , � CI ncur with action taken � 4.3 3 r • _ C� ■ l V■ FRIDLEY FltIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (61?) 571-1?87 January 10, 1991 � Stre've Weisenberger� Hariaqes A� Auto Body 7710 Lfiiv�ezsity Aven�e N. E. iYidley, I�J 55432 RE: Final Notioe of Nc��rxaplianoe of 7710 ifiiversity l�w�ue N.E. Dear Mr. Weisenbe�er: On Nw�ber 19, 1990, I seTt yvu a le�tter �*��*!Q failtin+e t� ca�ply with two stipulatians of your special use peYmit, SP �87-11, �ich allaas the vperatio� of a z+e�pair gaiage at the abwe address. �,e tw� ft�s of norioompliar�oe were as follvws: 1. No artside stozage of damaged vehicleS ��Y Pa� �f �P�t allva�d. 2. D�mpstes to be stored it�ide o� fn a n�asa�zy enclosure oa�patible with the stnx.�. Sinoe that time, I have spoken t�rith yvu twiae ar�d caciducted sevP*-�1 reisLSpectiaLS. You have indicated an interest in applyirg for a special use permit allcwirg artside storage of damaged v�icles in a portiact of ycur presP�t P��4 area to be scre�ned bY aPPr'aPriate fe�cing. D�pite statir�q thi.s ir�tentior�, ta�e have nvt reoeived a aaaple�ted speci.al use pezmit applicatiar� fran you, and my z+eoet�t c�bservatians reveal ti�at ti�e two it� renain in �liarr�e. It is inportant that you �it a c�leted special use �*�►;t applicaticr� or mayce neo�ssazy arrair�e�e,nts to ccr�c.-t tl�ese tw� violaticc�s by January 18, 1991. Shaild you fail to follvw either ane of tl�ese cptiocLS by this date, I will refer this matter to the City Attorn�ey foz px�os�eaitirn. Feel free tv call me at 572- 3595 if you have questians or wish to d+�G this further. Sincer+ely, Steven Barq Plar�ing Assistant SB:ls oc: Ba�aza Dacy, Q�ity Develcp��t Ditectc� Mici�ele McA�eison, Plarming l�ssistant � CE-91-07 � � �inr oF F� �� 4.34 FRIDLEI' MUNICIPAL CEtiTER • 6�3?i UNIVERSITY AVE. N.E. FRIDLEY. MN SS-33'_ • 16121571 _'�450 • FAX (61?► 571-I'K7 November 19, 1990 Steve Weisenberger, Manager ABRA Auto Body 7710 University l�venue N.E. Fridley, I�1 55432 RE: Property at 7710 University l�venue N.E./SP �87-11 Dear Mr. Weisenberger: On July 6, 1990, the Fridley City Council issued a special use permit, SP �87-11, to allow the operation of a repair garaqe at the above address, subject to ten stipulations (copy attached). A recent inspection revealed noncompliance with the following two stipulations: l. No outside storage of damaged vehicles or any parts or equipment allowed. 2. Dumpster to be stored inside or in a masonry enclosure compatible with the structure. It is important that ABRA operate in full compliance with all terms and stipulations of this special use permit, since failure to do so may result in its revocation. Please discontinue outdoor storage of damaqed vehicles and make appropriate arrangements for dumpster screening immediately. I will inspect the property on or shortly after December 3, 1990, at which time full compliance is expected. Please call me at 572- 3595 if you have questions or wish to discuss this further. Thanks for your coogeration! Sincerely, Steven Barg Planning �►ssistant SB:ls cc: Barbara Dacy . C-90-973 4.3 5 PLl1P�NI��G COMMISSION MEETI��G, JUt�E 3, 1987 PAGE 9 2. PUBLIC HEARING: CO��SIDERATION OF A SPECIAL USE PERMIT, SP #87-11 BY J. BE� S01 At D. B B Y: Per Section 205. 5. ,, 4, of the Fridley City.Code to allow a repair ° garage on Lot 4, Block 2, East Ranch Estates Secand Addition, the same .being 7710 Universlty Avenue N.E. MOTIOPJ by Mr. Kondrick, seconded by Mr. Svanda, to open the public hearing. Upon a voice vote, all voting aye, Chairperson Billings declared the public hearing open at 8:35 p.m. Mr. Robertson stated this was a very complex case. The next three items were inter-related. He stated the first action was for a special use permit for a repair garage along University Ave, on the west side, north of Osborne Road. The property was zoned C-3, heavy industrial. A repair garage was a use allowed in C- 3 only with a special use permit. In connection with this, agenda item #3 was for a lot split which ��as part of a split and a recombina- tion of existing parcels in order to get sufficient lot size for the auto repair facility (item #2). Mr. Robertson stated item #4 on the agenda was a vacation of two existing easements: (1) a 20 fi. drainage and utility easement; and (2) 112 of a 30 ft. street and utility easement. This must be done because the existing sewer line would have to be relocated which runs currently along the rear property line to a point west of it. (Item #2) I�r. Robertson stated he met with one of the petitioners, �1r. Jim Benson, and there were two issues Staff felt should be brought to the attention of thP Planning Comm�ssion: (1� the fact that there is no record of an easenent or dedicat��n for a road connectin� to Ranchers Road, although it was the petitioner's undPrstan�'�ne.that they do exist. The lack of this piece would make access io these parc�is��i�tiCUlt, if not impossible, thereby inadvertently creating land- locked parcel which was not in the best interest of the owner ot the City. (2) the position of the piece of property that was left to the north--an awkward left-over parcel which might, in fact, be of little value to anyone unless the petitioner has some kind of development plan or staging plan that addressed the ultimate development of that �iece. �1r. Benson stated he was the developer working with the company, fIBRA, who will be building the building. Mr. Benson stated that currently none of the property, Lot A and Lot B, was landlocked because it was all owned by Bob Schroer. The piece of land that Mr. Robertson had referred to was noai awned by t4r. Schroer. So, today what they were talking about was putting the new repair facility on the eastern part of Lot C and tot D and the balance of the property was owned by Mr. Schroer. The questionable piece was �l�e h�brthern part ofi Lot A, and they do not want to �-se� rt bec�me landlocked. Mr. Robertson stated Staff was recanmending the following stipulations: i � � 4.36 PLAPl��I��G COM�tISSIO�J MEETING, JU��E 3, 1987 PAGE 10 ' 1. No outside storage of daMaged vehicles or any parts or equipment allowed. 2. Provi de proof of permi ts from Moka County to handl e hazardous wastes. 3. Eliminate one overhead door on the east side of the building. 4. Al1 overhead doors and man doors to be tan colored to match building. 5. Supply building facade material samples for staff approval prior to permitting. 6. Provide additional evergreen screening of overhead door areas. To be incorporated on landscape plan by 6/29/87. 7. Al1 green areas to have automatic sprinkling. 8. Provide concrete curbing 5 foot setback off building where no overhead. doors are planned. 9. Provide plans and specifications for odor mitigation equipment. flown draft.filtration system or better required. 10. Due►pster to be stored inside or in a masonry enclosure com�atible with structure. 11. All roof to p equipment to be screened from view. Mr. Benson stated Randy McPherson who was Presi��ent of ABRA and Roland Benjamin who ovmed IJorthtown Nissan and who was also part of the project were in the audience. Mr. Benson stated they have a problem with stipulation #3 regarding the elimination of the one overhead door on the east side of the building. He stated ABRA was a national franchise. This would be their national proto- type building. Alot of thought has gone into the building, and they have worked with the City in terms of the materials for the building. He stated ABRA was in the autobody refinishing business, and their whole concept was to take the auto body refinishing business fror� the "back yard" type business into a first-class customer-oriented type of business. They are currently _ located on 81st and University. He stated ttie flow of the business was such that the cars go in one door and then the finished product�comes out the other door. He stated these doors are in the front of -the building, but they are not sitting open for the public to see. That second door was only open to take the car out of the facility and then it was closed again, because that was a critical area when the cars come'out of the paint room. This door was also a second exit for cars that are being held for repair inside during inclement weather. Mr. Benson stated eliminating either one of the doors alr:qst rendered the entire building unuseable. They have tried to mitigate the impact of the 4.3 7 PLAPJt�I��G COMMISSIOP� MEETIf�G, JUt�E 3, 1987 PAGE 11 doors in front. The doors were only 10 ft. by 10 ft. The striping of the material and the combination of bricks and the design will go straight through the doors. He believed the doors as they were situated with the landscaping as proposed for the front of the building and the fact that these doors are opened very seldor� would make these doors less visible to the public. Mr. Robertson stated with the upgrading of the University Avenue Corridor, it was the City's general policy to limit any potential unsightly building fronts. So, they are asking for the same th�ing from all developers along University Ave. in order to enhance the appearance of University Ave. f4r. Benson stated they would have no problem with putting heavier landscaping with evergreens in frnnt of the overhead doors. Mr. Benson stated they also had a problem with stipulation #9 regarding the requirement of a down draft filtration system or better. He stated he would let Mr. I4cPherson describe their equipment. Mr. McPherson stated they do not incorporate do►•+n drafts, but use a"cross flow" and it was all OSHA approved. Everything they do is OSHA apprnved. They just had OSHA through their present building in Fridley about six months ago, and everything was checked. Mr. Billings stated maybe stipulation #9 could be changed to read: "Provide plans and specifications for o�or mitigation equipment. Draft filtration system to be approved by Staff." Mr. McPherson stated he believed as strongly as the City that this should be a good looking building. They are really trying to set the standard for this type of industry. This plan will be their national role model. He wanted to bring people f rom all over the country to see what they have done here in Fridley. He hoped in a couple of years to build a corporate facility and training facility in Fridley, so they plan to stay in Fridley and be good neighbors. The one big problem was they could not eliminate the one over- head door. If he could do anything about it, he would. One reason they have the doors to the south was because of the restaurant to the north. He did not think people using the restaurant should have to see cars coming in and out. MOTION BY Mr. 8etzold, seconded by Mr. Kondrick, to close the public hearing. Upon a voice vote, all voting aye, Chairpe rson Billings declared the public hearing closed at 9:10 p.m. MOTIOP� by t�lr. Betzold, seconded by Mr. Kondrick, to recommend to City Council ap�roval of Special Use Permit, SP #87-11, by J. Benson and G. Bradbury, per Section 205.15.1, C, 4, of the Fridley City Code to allow a repair garage on Lot 4, Block 2, East Ranch Estates Second Addition, the same being 7710 University Avenue N.E., with the following stioulations: � � 4.38 PLANNII�G C014MISSION MEEfING, JUNE 3 1987 PAGE 12 1. 2. � 3. -- 4. 5. 6. 7. 8. 9. 10. �b outside storage of damaged vehicles or any parts or equipment allowed. Provide proof of permits from Anoka County to handle hazardous waste. Al1 overhead doors and man doors to match buildinq. Supply building facade material samples for Staff approval prior to permitting. Provide additional evergreen screening of overhead door areas. To be incorporated on landscape plan by 6/29/87. All green areas to have automatic sprinkling. Provide concrete curbing 5 foot setback off building where no overhead doors are planned. Provide plans and specifications for odor mitigation equipment. Draft filtration equipment system to be approved by Staff. Dumpster to be stored inside or in a masonry enclosure compatible with structure. All roof top equipment to be screened from view. Upon a voice vote, all voting aye, Chairperson Billings declared the motion carried unanimously. 3. COI�SIDERATIO�J OF A LOT SPLIT, L.S. #81-04, BY J. BENSON AND G. BRADBURY: • Sp it off parts o ot an , oc , ast anc Estates n Ad itlon, _,- to create three parcels to be added to existing tax parcels, generally � located at 7710 University Avenue N.E. ��' Mr. Robertson stated Staff was recommending the following s�y�Clations: l. Parcels A and B to be added to Lot 1, Block l, Ranch Estates First Addition to preclude landlocking remai ' g vacant property. 2. Parcel C to be combined with Parcel r new development and recorded with lot split. 3. Any further subdivisions of cant property to require a replat of the area. 4. Legals for lot s , L.S. #87-04, subject to County approval; if not approved, a will be required as per County direction. 5. A par e of approximately �2,841 to be paid prior to recording sp '. Exact amount equal to square footage X.023. � Benson stated they did not have any problems with the stipulations. 0 C•� 4.39 COIINCIL I�ETING OF JIILY 6, 1987 B. COKSIDERATION OF A SPECIAL �E PERMIT. SP #87-11, TO AI.LaFI A REPAIR GARAGE ON LOT 4, BLOCR 2, EAST RANCH ESTATES SECOND ADDITION, GENERALLY LOCATED AT 7710 UNNERSITY AVENUE N.E., BY J. BEKSON AND G. BRADBURY: Mr. Robertson, Community Development Director, etated the Planning Commission revieWed this request for a special use permit at their June 3 meeting and recommended approval With ten stipulations. He stated the petitioner agrees With these stipulations. Mr. Benson, the petitioner, stated Mr. MePherson and Mr. Benjamin Would be the oWners of this auto refinishing business. He stated the entire concept is to have a first-class customer oriented business. He stated ABRA Would be involved in refinishing and light suto body xork and hi�-tech equipment xould be used. Mr. Benson presented photos of a similar building and drawings of the proposed structure. Iie stated the building Would be very attractive With brick and rock face block. MOTION by Councilman Goodspeed to grant special use prmit, SP #87-11, With the follrnring stipulations: (1) no outside storage of damaged vehicles or any parts or equipment allowed; (2) provide proof of permits from Anoka County to handle harzardous Waste; (3) a11 overhead doors and man doors to match building; (�) supply building facade material sa.mples for City staff approval prior to building permit; (5) provide additional evergreen screening of overhead door areas (to be incorporated on landscape plan by 6/29/87); (6) all green areas to have automatic sprinkling; (7) provide conerete curbing 5 foot setback off building Where no overhead doors are planned; (8) provide plans and specifications for odor mitigation equipment; draft filtration equipment system to be approved by City staff; (9) dumpster to be stored inside or in a masonry enclosure compatible With structure; and 10) all roof top equipment to be sereened from vieW. Seconded by Couneilman Fit�patrick. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried unanimously. THE COMMISSION l�'�E A. CO2ZSIDERATION OF A PRELIMINARY PLAT, P.S. PLAZA, GENERALLY LOCATED SO(JTH OF i�1EST MC OF HIGHWAY 65. NORTH OF MOOiiE LAI� AND WE BY ST. ANTHONY V ILLAGE SHOPPING CENTER: MOTION by Councilman Schneider to set July 20, 1987 • Seconded by Councilm Fi voting aye, Mayor Nee declared th motion B. CO2ZSIDER OF LOT 1 S OUTH OF OF MOORE INC. TION OF A V AC ■rmTmnvt E DRNE, EAST OF CENTRAL AVE � :NG OF JUNE 2u SHO E. EAST publ ic hearing on this pl at for t�zpatrick. Upon a voice vote, all carried unanimously. MOTIO�Y Couneilman Schneider to set the • publ ic hearing on this vacation 3�� 4.40 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearinq of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, February 20, 1991 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #91- 03 , by Steve Weisenberger for ABRA, per Section 205.15.O1.C.(8) of the Fridley City Code, to allow exterior storage of materials and equipment, on Lot 4, Block 2, East Ranch Estates Second Addition, generally located at 7710 University Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: February 6, 1991 February 13, 1991 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. SP 4�91-03 Steve Weisenberger ABRA Steve Weisenberger 7710 University Avenue N.E. Fridley, MN 55432 Chase Company 5353 Gamble Drive, �i310 Minneapolis, MN 55416 WBDH Realty Co. 7810 University Avenue N.E. Fridley, MN 55432 WBDH Realty Co. 7825 Washington Avenue S. Minneapolis, MN 55435 Pannekoeken Huis 7730 University Avenue N.E. Fridley, MN 55432 Kennedy Transmission 7700 University Avenue N.E. Fridley, MN 55432 Kenneth Niebuhr ��i 7501 Hyde Park Drive Minneapolis, MN 55435 Machining Inc. � 7773 Rancher's Road N.E. Fridley, MN 55432 William Minder ,Jl.�� 2100 Lyndale Avenue South Minneapolis, MN 55405 Bob's Produce 7620 University Avenue N.E. Fridley, MN 55432 Robert Schroer 7620 University Avenue N.E. Fridley, MN 55432 Malmborg's Nursery 7616 University Avenue N.E. Fridley, MN 55432 Flower City 7618 University Avenue N.E. Fridley, MN 55432 Planning 2/1/91 MAILING LIST Council University Station 7610 University Avenue N.E. Fridley, MN 55432 Planning Comm. Chair City Council Members 4.41 CZ'I'Y �+' FR�LY 6l31 DNIVERSI'1'Y !�Vffi�ll� �T.E. FltIDLEY, !�T 55432 (612) 571-3450 .. �� ._ _� ._ _ � � '1'*1N1� 1�_1: ' :1'. � V • ��:is �DPEt�'Y II�TIoN - site plan required far sutniittals; see attaciyed Aaare�: `���u . Un� �cr � r� a�e�'i�tio�: __�t Qc�: �r (� �.,�� � t-- � y ai�x Z �Aaa��a, �as�- �.wcl►:�5�-ts S� � a�t �_ (' — 3 s� f��� REaSOl� fOY' Sj.�EClal l]82 DeYini.t � Er. � c.-,r p� ✓ i'� � i- �c, eA k r<-P� C�o� d.v,a � -�D ✓ O U� O r STa ✓Y�- c,� d L P�!'c { S 9- �Ot ✓��� Sec.�tion of City Oode: � _ „_ � ,.� ��• � �-. •. �. . i0o�tract Rur.hasers: F'ee Owr�ers mist sign this form prior to prooessirg) NAME �� Vl(� )� (_131M 0 � �" �/ �ss .�3 S� �w�� �� �� �3 r a PHO�E SZ 5- i o 0 0 n� _ /_ �_ / —`�/ _...._._�..�.._�..,__..�.._.r..�.,, __________ ru� ��C ljl�l/Sl�t �Cr� � �FSS _'7 �/0 c1�; ✓�c,�si �y �ve, /� i, �� r,►; � a: j� ns,rrn� �� �S 7� —�6/ a � � V �� ;� Fee: " S2oo.o0 Sloo. oo for resiaential seooa�a aoo�ssoYy builaings �t sp # ��—o�- �� # ��99'� . Applicatior, r+eoeivea vy: Y�I �P.�, 2� �I�ie.�,r� Sc3�eduled Plarming Oarmissioci date: u� `� Scheduled City Oo��cil date: / ___.._........�...,.. .... _............,..,........�....�....___.,_�_ � � � _ � . Community Development Department Pi,ANNING DIVISION City of Fridley DATE: February 28, 1991 TO: William Burns, City Manager,�,�''s FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Lot Split Request, L.S. #91-01, by Charles Seykora Attached is the above-referenced staff report. The Planning Commission voted unanimously to recommend approval of the request to the City Council with one stipulation: 1. The portion to be split shall be combined with Lot 7 and expressed on one tax statement. Also, please find the resolution approving a lot split, L.S. #91- 01. The Planning Commission recommended unanimously that the City Council approve the proposed lot split, to split 3.5 feet of Lot 6, and combine it with Lot 7, Block 5, Pearson's Craigway Estates 2nd Addition. Staff recommends that the City Council approve the attached resolution. MM/dn M-91-141 4.44 RESOLUTION NO. - 1991 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #91-01, TO SPLIT OFF THAT PART OF LOT 6, BLOCK 5, PEARSON'S CRAIGWAY ESTATES 2ND ADDITION, ANOKA COUNTY, MINNESOTA, WHICH LIES SOUTHEASTERLY OF A LINE 3.5 FEET NORTHWESTERLY OF AND PARALLEL WITIi THE SOUTHEAST LINE OF SAID IAT 6, AND COMBINE IT WITH LOT 7, GENERALLY LOCATED AT 7836 AND 7830 ALDEN WAY N.E. WHEREAS, the City Council approved a lot split at the , 1991 meeting; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to split off that part of Lot 6, Block 5, Pearson's Craigway Estates 2nd Addition, Anoka County, Minnesota, which lies southeasterly of a line 3.5 feet northwesterly of and parallel with the southeast line of said Lot 6, and combine it with Lot 7, generally located at 7836 and 7830 Alden Way N.E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will split 3.5 feet off from Lot 6 and combine it with Lot 7, Block 5, Pearson's Craigway Estates 2nd Addition. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY DAY OF , 1991, COUNCIL OF THE CITY OF FRIDLEY THIS WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 4.4 5 EXHIBIT A Resolution No. - 1991 1. The portion to be split shall be combined with Lot 7 and expressed on one tax statement. � 4.46 �� � STAFF REPORT APPEALS DATE ' C��QF PLAWWNG COiVINq$SION DATE : February 20, 1991 FIZIDLEY CITY COUNC•IL DATE : March 4, 1991 AUTHOR 1�i/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION S1TE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONiNG UTlJfES PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPAT�ILITY WtTH ADJACENT USES 8� ZONIIVVG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION � L.S. 4691-01 Charles Seykora � 4. S//2 SEC. 3 T. 30, cirr 31 OF FR/OLEY S�EET ' ,�.;; �, I 5 . � . 4�+�����1 , . � � ` ,..�.,+� ;1�, , . � ; 7'� �• � r gTaf � t. 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O -- \, �. �'�` � LOCATION MAP O � r � / � SPRf�I BPR001 :.. � s .■, :... :'= .... .-. .., �.� : �.,.__ � .ri� �.iii '���� ' °: � v �� �F/! i � ► ��� l O� �� � �. . � s ; + � *,.' � . � �. ,, � � � � �, � �• �. �♦+ : ��� � � 4 �� � . � �9 �— . � �o.t ;�. ., , � .� . 7 S_ ,.,-- ► ! : ..r. � � .. �r . � is' . • i [' - S �..� L.S. 4�91-01 Charles Seykora �.�� � � � ,,� f � ���`�N� •� � r� 3-.� �''' ,� �:� � �`� � � � �� � . � ,,,� �„�; v j^� ��� 1 � , � .,\ �, , � � � � � w : ,� {^, �r-, � � � � � �' �� �„� � � E„� •� F� � ' � . � �: � � � :�� °3 �'� `�.. 4 ` "� tir .� � , � , . ~l !L ` 's. � `• �/ J, ��n � � . •. ��� �'!� `I///. v . a� a �� i Rt� / � ��� . K �, i4 � �� �� oP � • • • � •� •� - - . • �F �/ • • • �, ��� •�• 4 •� ����. � � i � J.. � • ►� �,�� � �, . � � .,�. • :. •, ' ;\ ' , �� �� t •1-� • � '�w �.s • � •� '� '�'R � .�1 ♦ s� � .�..�..r:.�., , ♦ • • ; `�,^ � a � • • • • • • • • • • • � i � " i ' �, ' �, R ( � �� • • • • • • • • � • l � �.. ♦ • � • • • • � • • • • • • Z ` � � � ,�..a� Q 1 ,�' �.` �,,�•�•�• • •�Z ��• •,i39•�•��r '• � . .,� � , � , � ,� ; .,. . . . �� . .,b .,.;� \ .,\ ��. . � �� �S �� �, •�'iE� • •���iid����,Z ` �� � . � � � � � • � • � • I • • • � �' � � �, ! ,� � 1 °� ♦ • s • � � • • • • d • • . pL. �� � ' �'� • � � � • • r • • • • • • • ��\ �', �� • � � ,t • g �py �� •���• • •�• • • • • • ��� • ♦ f T�A� � � _ . o� �� i, 0 �� , ` , ,� - � o� •,., � .�1��. . • � �� , � � pi�' ,• � i � � • � • • � � . � 1' 1� S � ' ,S + ,�� • � S _ . • • ♦ � ., . ' � � �• • 1 ' •1• ; � � 23 � �\ � 1� ' � '� � • ,� .• � •' t� .� • � � �,.� � , IVD � . - • ti' S ► � � /�► : AQ� % ZONING MAP 4.49 Staff Report L.S. #91-01, Charles Seykora Page 2 Request The petitioner is proposing to split 3.5 feet of Lot 6 to combine it with Lot 7, Block 5, Pearson's Craigway Estates 2nd Addition, the same being 7836 and 7830 Alden Way N.E. Site Both lots have single family dwelling units located on the parcels. The lots are located along the Mississippi River bluff line and overlook the Riverview Heights park and the Mississippi River to the west. The properties are zoned R-1, Single Family Dwelling as are the parcels to the north, south and east. Riverview Heights Park is zoned P, Public. Analysis The proposed lot split is relatively minor and will not create nor eliminate any lots. The purpose of the lot split is to rectify an encroachment of a sidewalk from Lot 7 onto Lot 6, Block 5, Pearson's Craigway Estates 2nd Addition. Both lots have a width of 100 feet and lot areas of approximately 21,000 square feet. The proposed lot split will not adversely impact either lot nor will it impact surrounding lots. The new legal description should be described on one tax statement. Recommendation Staff recommends that the Planning Commission recommend approval of the proposed lot split, L.S. #91-01, to split 3.5 feet of Lot 6, Block 5, and combine it with Lot 7, Block 5, Pearson's Craigway Estates 2nd Addition, with the following stipulation: 1. The portion to be split shall be combined with Lot 7 and expressed on one tax statement. Planninct Commission Action The Planning Commission voted unanimously to recommend approval of the lot split request to the City Council. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. iui�i n1551sstYYZ BLVD. N.W., COON R1lPIDS, MN CERTIFICATE OF SURVEY; Charles LaRue � � ...� ALDEN WAY � ) UO.�O . N 41'29'W_� . 1 ' , • 1 L.S. ��91-01 Charles Seykora �4. �I � . ` . � =. � I .�: o '^ .� � s m � , tz. ta.-ss � �. ``` T i .� � ti- '� ` •- •`^y s, \ � � � �' e� S � N tAt � �- --='- — . �L4.4� �+.7 Q� � o � �� � � � � I-S-F V1/AlK'OUT ; � �� �� � � �V JJo.7B�G ; 3 �� � �-- � . sis � ,�o.�. t � t:� �I �° 2'!.5 ,� '�� . �1 � � �R `� � V. 3 � • � � � �' .Yi � � ,�' , T� ,; ''•: � . N o =I � � . = �:� �, � � � . . _ � I ' , a DETIIIL OF ELEV1►TIONS a� . � a v •, rY �j Denotes Iron Set � � � ' 0 K � Denotes Iron Found • \�► . . � -Q Denotes Wood Hub on .lini I 6668-258/20-2Z . .� �� • I�' � 100.0 54I•�B'l�'E Lot 6, Block S, PEARSON'S CMIGWAY ' ESTl1T6S 2N0 11DDITION, ' . .. , , Anoka County, Minnesota • . 1 N�1!!�Y C�11T1/Y TNAT TMIS 11 � TIIUT AMO COIIII�Ct Ilt�lltflNTATION 0� A 3UItVtr 0/ TNt �OUNOARIlf 0� TM� A�OVt 0�1C�1�10 L�NO, ANO TM� LbCAT10N 0' A�L �NILOIMOS� TNI�ION� ANO AL� V111��1 •M• , t�OACNMtMTI. 1� AN�. ��OM 0� ON 1�IO�ANO. ' A1 fU�V�Y�O �r M� TNII.'�h...«....OA� 0� .....�pr.i1�NN1���M�NNN�N\�N����A.O. 1���•...«.«. . N.�. NOIUM� ��fO�JjT�1� �� � . //' .d � i SITE PLAN � cinr oF FRIDLEY 4.51 FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 February 1, 1991 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a request for a lot split, L.S. #91-01, by Charles Seykora, to split off that part of Lot 6, Block 5, Pearson's Craigway Estates 2nd Addition, Anoka County, Minnesota, which lies southeasterly of a line 3.5 feet northwesterly of and parallel with the southeast line of said Lot 6, and combine it with Lot 7, generally located at 7836 aand 7830 Alden Way N.E. Anyone who wishes to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, February 20, 1991 at the Fridley Municipal Center, 6431 University Avenue N.E., at 7:30 p.m. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION I il L.S. �i91-01 Charles Seykora Ronald Crego 7854 Alden Way N.E. Fridley, MN 55432 MAILING LIST James Hanson 7824 Pearson Way N.E. Fridley, MN 55432 I.M.V. International Corp. Thomas Stevenson 7846 Alden Way N.E. 7819 Alden Way N.E. Fridley, MN 55432 Fridley, MN 55432 I.M.V. International Corp. Segwald Reckdahl 6870 Shingle Creek Parkway 7g23 Alden Way N.E. Brooklyn Center, MN 55430 Fridley, MN 55432 Victor Seiler 7842 Alden Way N.E. Fridley, MN 55432 Charles LeRue 7836 Alden Way N.E. Fridley, MN 55432 John Meador 7830 Alden Way N.E. Fridley, MN 55432 James Black 7824 Alden Way N.E. Fridley, MN 55432 Karl Schurr 7818 Alden Way N.E. Fridley, MN 55432 Yevette Pawlyszyn 7844 Pearson Way N.E. Fridley, MN 55432 Curtis Obermoller 7838 Pearson Way N.E. Fridley, MN 55432 Leonard Shea 7830 Pearson Way N.E. Fridley, MN 55432 Harold Mernin 7829 Alden Way N.E. Fridley, MN 55432 William Stevens 7835 Alden Way N.E. Fridley, MN 55432 Clint Ward 7841 Alden Way N.E. Fridley, MN 55432 Bradley Richter 7847 Alden Way N.E. Fridley, MN 55432 Planning 2/O1/91 Council Barna, Guzy, & Steffen, Ltd. Charles Seykora 301 Anoka Professional Building 403 Jackson Street Anoka, MN 55303 Planning Commission Chair City Council Members 4.52 DEC 27 '90 17�06 STEFFEN & NNJNSTENTEIGER C7'I'Y O�F tRi�EY 6431 �rl'Y AVS� N.L�. �Y� I!N SS�32 (612) 572-3450 P��.53 •. ,� • - _ _ •, • ► _ Yl�� � IL '1 � ��_ �.. �► •_ �.:,y �MYMM Sl��y ' � , ��PEtL'1'Y�Il�1❑I�t�t�?��j •• S]'� p�l �Ql7�B� 1'C� SUbt��ttS�b" j!i@E �BC�'fAC� _.... �� 78 Alden Wa N.E., Fridle , Minnesota 55432 �� � � � ptiari: � 5 Blxk 5 ���p,���� Pearson's Craigway Est��es t� i�ion �rr�-r�t zat�ing: i].e famil �resid 4g acres �re foetage/acr��ge 21. Z00 sc�. ft/• . liea-SOA tar' lot $plits Wish to se11 3.5 foot atrip of pxoperty �o adjoin�ng landowne�, since adjoining landowner's aidewalk encroaches onto �his propertiy. � .r....,...�.r..._�...,.�..r.,.�...r.�...�.,.,...,,..�__., � ........,..,.�...._,..r.�...��,..,..,�....._..,,,,,.... F�E ��*rn�r (Contract Pu:rc�sers: Fee Owners must sign thfs Po�m prior to pz�oae�-�siuxJ) NAME John T. Meador and Collene D. Meador ADCR�,S 7830 Al.den Way N. �., Frid7.ey, Miruiesota 55Q32 (Lot 7, Block 5� Pea�son's Ccaigway EsCaies ��� �E SIC�,Ttk�E � �L��=.., � �i?Ii�TE ��7 - �y J V T. Me r o ene . ea or M/ V �r��/M�yyyrllw.y�IM/rr^/y�1/IOMr W/N�y�r�/M�YIr �+�I�/41�yM�IIMr�I� W w1Y11���w�1/1�MIY�1rMMMI V A�r��I�/1Y�w w�. r-- �G--� I�,i� Charles M. Seykora. A�torney at Law � 341 Anoka Professional 8uildingr 403 ,7acksan streer, Cv: , �: 55303 �yT,� pHp� 427-63Q0 •,�nc.� l!', /' S.l �� . s� , 9- �� $100.00 Permit L. S. #� I—� g� AppYic�tia� r�eoeived i�►: � � �� � . . .� � ' Sc�ech�led Pl.annirg Can�m,sssion date: ( Sc��cluled City Oau��cil date: � . ROBERt A. f3UZY BERNARD E. STEFFEN RIC1{ARO A. MERRILL ROBERT C. HYNES STEPHEN H. MUNSTENTEIGER PoCHARD A. BEENS RONAIA B. PEiERSON DARRELI A. JENSEN .�FFREY 5. JONNSON RUSSELL H. CiiOWDER JON P. ERICKSON UIWRENCE H. JOHNSON Ol1V1D A. COSSI THOMAS P. MALONE January 15, 1991 I3ARNA, cuzY & s�•Lrrrrr, LTD. ATTORNEYS AT lAW 301 ANOKl1 PROFESSIONA� BUILDINQ <03 J/1CKSON STREET ANOKA, MINNESOTA 5530� City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 612/A27-6300 FAX: 612/427-6929 Attention: Community Development Department In Re: Lot Split of Lot 6, Block ESTATES 2nd Minnesota Dear Sir or Madam: Strip of Property off of 5 , PEARSOI3' S CRAIGWAY ADDITION, Anoka County, 4.5 4 MICHAEI F, HUALEY THOMAS L OONOVAN PAMELA M. HAFiRIS SHARON L HALL KENNET H A. AMDAHL CHAIiLES M. SEYKOM WILUAM M, ►iANSEN JOAN M. THIEMAN BEVERLV K OOpCiE DANIEI. D. GANI ER JOAN M.OUADE SCOTT M. LEPAK STEVEN l. MACKEY OF COUNSEI: PETER BARNA NANCIE R. THEISSEN LAW(iENCE M. NAWROCKI PATENT, COPYRI(3H7 �hD 7fi1DC1SA.^,K lAW Enclosed with this letter, please find a Lot Split Application Form which has been fully executed by Charles E. LaRue and Pamela M. LaRue, the owners of Lot 6, Block 5, PEARSON'S CRAIGWAY ESTATES 2nd ADDITION, and John T. Meador and Collene D. Meador, the owners of Lot 7, Block 5, PEARSON'S CRAIGWAY ESTATES 2nd ADDITION, and myself, as the Petitioner in this matter. Also enclosed with this letter, please find 1) a copy of a survey of Lot 6 and part of Lot 7, Block 5, PEARSON'S CRAIGWAY ESTATES 2nd ADDITION, 2) a copy of a portion of the half-section map showing these two parcels of property, 3) a copy of a deed from Charles E. LaRue and Pamela M. LaRue to John T. Meador and Collene D. Meador, and 4) a check for $100.00 for the lot split application fee. By a review of the survey, you can see that the sidewalk of the Meadors encroaches slightly onto the property of the LaRues (Lot 6). To correct this encroachment problem, the LaRues agreed to sell to the Meadors a 3-1/2 foot strip of their lot along the southeasterly boundary line. The deed from Charles E. LaRue and Pamela M. LaRue to John T. Meador and Collene D. Meador is for a 3-1/2 foot strip of Lot 6. The legal description used in this deed has been approved by the Anoka County Registrar of Titles as correct, and is a simple fractional legal description as required in Minnesota Statutes Section 508.47, subd. 2, so that a registered land survey is not necessary to record this quit claim deed. 0 Cit� of Fridley Attention: Community Development Department January 15, 1991 Page 2 Please contact assistance I application. Thank you. Sincerely, 4.55 me if there are any additional documents or can provide to proceed with this lot split BARNA, GUZY & STEFFEN, LTD. � z� �.� i�i- S-sz �--- Charles M. Seykora CMS/ba Enclosures cc: John T. and Collene D. Meador Charles E. and Pamela M. LaRue Universal Title Insurance Company r � � _ _� Community Development Department PL�xx�NG- D�SION City of Fridley DATE: February 27, 1991 � /e,,. �v TO: William Burns, City Manager �, FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #91-02, by Vance and Mary Nelson Attached is the staff report for the above-referenced request. The Appeals Commission, at their February 5, 1991 meeting, voted unanimously to recommend approval of the request to the City Council, subject to approval of SP #91-02. Staff recommends that the City Council concur with staff's recommendation to approve the variance request for the existing condition, but to deny the request for a proposed addition. IrII�'t/dn M-91-92 � 5A �► STAFF REPORT APPEALS DATE Fet�.n�y 5, 1991 CI-IY OF PLAMWG CON�VASSION DATE FiZlDLEY CITY COUNC:IL DATE : March 4, 1991 AUTHOR �� REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING UR.rTIES PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES 8► ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #91-02 Vanoe and MaYy Nelson Zb reduoe the front yard setback fran 35 ft. to 14 ft. and 21 ft. 600 Buffalo Street N.E. 12,100 sq. ft. E�l, Single Fa¢nily Dwelling F�l, Single FaQnily Dwelling to the N, S, E, &[9 Yes Yes P,pproval for existing oondition, denial for addition Approval VAR ��91-02 Vance/Mary Nelson _ -- _ ---- - 5B S !/2 SEC. .: C/TY OF � 31 �. SZRE S ' � , •w I � � 'V'"�"" `` �� � f' � .�� 1 � ���� ,`" ' \ \ �,r'S��^',. ; ° �1.�. ° ST�E� �".'�,��. •`a t� �� �' _�'�� - :r N. "'rX4�T �p a' ♦ C ! � r �, SO ` � �.. r .' .� ?'r'.! � � . ' . : .� ����� �1 � .r �� r '�j � ����a t +1. . ' W I IM1.it� ;� � ,N�oMt `� �:•j �.,1`'��t�' X •�I+r> 1° ;.i'� ��'a�: .N_.� �.e�' ' i • F � �•'�..1 � } �* Sp .k,��..i „� •�EEt .e , - , I r\, „�F'J' 1 �1 �s r b ;I� ��.� ^ ., � i � I • � �� • • I +,\., O' .�� �� k; �%�' � � y..y" �1 �,NI � �.j.�'+'� \`. � ' _ � ELY .�,. . �. ,��1+�, ° ,. .w�' � .� �', .i,l . �, 1\ \ ^ ,� /\ ` � .'ni.�1 wr .��; � ; .`� , �I� I %�. I � frl '� � `/ ��J � ,•� ••,j' f�u� �M��Iw� w I �' � '�. wW . M.'i A � :r �,. �• '- • (' rI � ( � •' •'- o � �:�� � � :�:"�'. 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A UG � . �='`' ' i ..��� • . ►� 1� ,. .� � �� .�.�•• * � �,,:�} , � � � ��, �.,�.�.�� ; � " :.� � . . �= ,: , : � �r' t '"\��1 .�'. iiii ���• • :�� •+• �. . ..,� f. . • u � � �,�.— 11,�:['�i1 � AG �iG� `u�i V i:�� �. I • � � �s �� VAR ��91-02 Vance/Mary Nelson �F iii���il�'� - . • .�.;� 1,��� � �� �!� I � 3 �Q�� ti.�'�� �� �; � � � �� 3 • � `� � � �' � �� , , �. � � G • � � f � `�r / � R1� � ( `'� � , . K �;, 14 „'. y • , / � �r IR. N r V 9 � K R ,/ Q I " " ,�i 7�f t !� � " , � , v ,, � , P I 'i ` ` ��, 1.18ERTY ♦ ' ` � �� � � / ,�� � • �� ✓ � ��, LON� ILOW ` )► I \ �� \ ' V� ,��� � . J� � z �\� . .. , . , �, , y •.•.•.,., .•.•. `• E `• . \ \\` \ • ` 1 lR /• \ ��t�' � • � •,, � � � � R I V E R V� W '�� ^ � ' . `�C-R f� , 1 '� • � :� a � •. • � HEtGH�� �� a� " � • , � . • � r4 �-, � �� Q ti �` � �, ��.�, 1 r S1y •f�♦ ♦ � , \� i � � \,� ' G " < �~ ,� � �� (� t�i �� � � � �� � ' � � '� '1 '� � �AI+� � • c► � \\ .� � �•� ! � v `+, . 1 A + � � � � ; �. � , . ,ti � Q �P.. �� �(� �, t �� • � 0� � �• �.r ' � , c � � � 0 1� . , � `o p,�j � � � ' ��.� �\.� • • �' � • 1 S � � S ZONING MAP Staff Report VAR #91-02, Vance Page 2 A. HARDSHIP: B: and Mary Nelson, 600 Buffalo Street N.E. ��Setback from street" ADMINISTRATIVE STAFF REVIEW: Request The petitioner is requesting a variance to reduce the required front yard setback from 35 feet to 14.5 feet for an existing condition and from 35 feet to 21 feet for a proposed two-story addition. The request is for Lots 18-21, Block Y, Riverview Heights Addition, the same being 600 Buffalo Street N.E. The petitioner is also processing a special use permit to allow construction of an addition in the CRP-2 district. Site Located on the property is a single family dwelling unit with a detached two-car garage. The petitioner is proposing to construct a two-story addition which includes a two-car garage with living area above the garage. The existing two-car garage will be removed. The property is located at section of Buffalo Street the surrounding parcels Dwelling Unit. Analysis the southwest corner of the inter- and Broad Avenue. The property and are all zoned R-1, Single Family Bection 205.07.03.D.(1) requires a front yard setback 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. The petitioner's existing house is 14 1/2 feet from the front property line. To correct this encroachment, the petitioner would need to reconstruct the house in a manner such that it would meet the required setback. The proposed addition would be 21 feet from the property line. The design of the addition is such that the stairway to the second story and part of the entry enters into the existing dining area. It is possible that the proposed addition could be moved to the south and redesigned slightly to accommodate �`J �J 5E Staff Report VAR #91-02, Vance and Mary Nelson, 600 Buffalo Street N.E. Page 3 the new location for the stairwells and entry. There does not appear to be any topographic or site conditions which would prohibit the petitioner from relocating the proposed addition to meet the setback requirement. Recommendation Staff recommends that the Appeals Commission recommend to the City Council approval of the variance to reduce the front yard setback from 35 feet to 14.5 feet for the existing condition. Staff recommends that the Commission recommend denial of the variance to reduce the front yard setback from 35 feet to 21 feet for the proposed addition, as the petitioner can meet the setback requirement. Appeals Commission Action The Commission voted unanimously to recommend approval of both variance requests to the City Council subject to the special use permit request. City Council Recommendation Staff recommends that the City Council concur with staff's recommendation to approve the variance request for the existing condition, but to deny it for a proposed addition. � 7 i.. �� � O ' 'l � , � ' ' t� w � � � W t—� 1 j "'� 1�=��- �o�nondw iNn� _ nn�►n�n � �' �' •.,�.� �- n, r- 4' ,� � � . % _.�_, '{ —,r � T , �.�,, � e ; ONPt13M6 ~� �wva� �aois-� •---- ...�.6 e nta o ...�._ VAR 4�91-02 Vance/Marv 1 •`� i 44 � i � . "'� . ; .. ` '. � i . ,�, •� � .��� � �� � o �� � � �'�'� = e � $ (7� sE�� � � 777 �/ Laj r � � + ^ � O y � � C W� � .����� ; . � � � z� � t�� � � � ~� � Yti��a 1� z� � �� ,� ; � � v 7 w Wg � �� ��� � €� �� z 41��� � g� �„ o � � ���� '" � ° w � z� � s �?� � s � �� �� • �� }+� z 3 ���1�� !� �`o � i � �s �� v � � � ������ y �3 a+� ^ �, oc ��=�e �. �� V�� � � � � �� ¢�,� s � �' � • : W � a � � �3��s� �� i -. 3 � � L � g. U� ~ � ti �� � C � N �� � � � � H �' :��� �g �9 tA s ~I � �. 0 � � a S U Z L7.1 O W � e► d z m 0 -, 5F E X I ST I N G SITE PLAN 0 � h1 � r A J W v 0 :1� � 1� . i'� . ^ �� OOC ' , e• _� � � �o � � . � � � �� Ilsl♦ � l �+� , _�• ..... O � U r►� � V ' � �o ~ LL w W � � � z� � . � � � z� � � . w; � �� z K' r►� Q ` V � z� � ~„ W 3 W� z � � V � � E �i � � ,;, o � � � � � ' i W � � � � U� 3 ' � , � (' � = f Qe � � : VAR 4i91-02 Vance/Mary Nelson �—�•i-j—=���� � :� M�'�£ � � '1 `7 .. . , �. , � _ � ON �MC 3r���d �aols-� ��•�� � '- �Z . 1� �� � � � � � =. i � 7 _ & �3` a a w �S � E � �� � � ^ 3 �� 'y � ��� ` � � C w � �� �� „ � 8��,�� o � e ����a E y_ �� ' ' ����� � �� s���� � °� � �� 3 � � u � � � � � � �y E 1 A I� � �{ F � '-' ��#��; � : � ��F r � �� i ��ir�� � �3 ; �� � � � b � � , a L yY�� � j � 3 ! � e � � � Y � � '3 `� .°. ' i �� ��! 8.� �L' � : � � dE G �! ��i ��x1 oo �� 1 N ,t � ! s i � � '� `i. C 1 Z � • M C � ��� � i S Y p y� 3 ` $ � ���i� 8� b� ... ~7_---1 .,� � � W 0 N < � a _ U Z tiJ "!_ � � � .-��'•. ,, .,. � 5�a O Z ao 0 -� PROPOSED SITE PLAN •I• VAR 4l9 ]-02 Vance/Mary Nelson Q SF.Cp ND F IfY��. PLA�1 . � 114 •'1=0" 51 � ; r; �, � --�- �i �,; �, FLOOR PLAN 7 0 . � 0Q < � � x � Z . � ' /�' . � ("/ L� Y\ a � � _ � � VAR 4i91-02 Vance/Mary Nelson 5J 0 : � _� .-. � SECTION 5L Ms . Savaqe stated she was c n� lake and disturbinq wetlan s alternative. This is a c r created by the petitioner. to be within the epirit of property. She would be incl :erned also about movinq closer to the She did not see thiB as a viable dition that was preexiBtinq and not �he stated the improvements are going he code and will in fact enhance the Lned to qrant the variance. Mr. Kuechle stated he qener� maintaining the code there particularly opposed to the 2 simply giving up 8 parkinq sp� Lly agreed. Alonq the east side, would be difficult. He is not �foot requirement on the north and es. It is an alternative. O�! TION by Ms. Smith, Beconded bS Variance Request, VAR �91-01, t from 20 feet to 15 feet and 10 special use permit. pr. Vos, to recommend approval of � reduce the hard eur=oval sofbthe feet, subject to app OpON A VOICB VOTE, 11LL VOTI�T�i 71Y8 � 1�IOTION C1�iRRIBD �I�Tl�iZMOIIBLY. CSl�ZgpgR80�i BAVAa$ DECLP►RED THE OM TION by Dr. Vos, seconded by Ms. � Variance Request, VAR �91-01, to from 25 feet to 20 feet and 22 feet 18 feet to 15 feet for one-way traff special use permit. IIPON !1 VOICB VOTE � 11LL VOTING 717f$, C MOTION CliRRZED QNANIMOIIBLY. ith, to recommend approval of iuce the driving aisle width for two-way traffic and from c,.subject to approval of the BAVAGE DECL�RED THE Ms. McPherson stated the City Council ould consider th 25 requ91t and the special use permit request at their February meeting. Dr. Vos asked if the parking lot is stri ed at 9 feet. Mr. Tempas stated the parkinq lot is stri�ed at 10 feet. �ONSIDERATION OF VARIANCE REOUEST VAR �t9i-o2 BY VANCE AND MARY ErT LSON : Per Section 205.07.03.D. (1) of the Frodi4 5 lfeet�fortan existing front yard setback from 35 feet t condition, and to reduce the front yard setback from 35 feet to 21 feet to allow the construction of a garage and Ravervi w 1Heights Bpace, on Lots 18, 19, 20, and 21, Block Y, 5M �PPEALS COl�IIdI88ION MEETINa. BRII1�iRY 5 1991 p�Gg 8 Addition, the Bame beinq 600 Buffalo Street N.E., Fridley, Minnesota, 55432. MOTION by Dr. Vos, seconded by Mr. Kuechle, to open the public hearing. IIPON 11 VOICB VOTE, �I+L VOTII�TQ �YE, CS�iIitPSR80�T BAVl�aB DECL�IRED THE �LOTION CARRIED 11PTD TH$ PDBLIC HBl1RI�Ta OP$N 71T 8:05 P.l�i. Ms. McPherson stated the property is located at the southwest corner of the intersection of Buffalo Street and Broad Avenue. In addition to the variance request, the petitioner has also applied for a special use permit in order to allow construction in a flood zone. The property is zoned R-1, Sinqle Family Dwellinq. Currently on the property is a Binqle family dwelling unit and a detached two-car qarage. The petitioner is proposinq to construct a two-story addition with a two-car qarage with laundry area, and storage on the first floor and bedrooms and bath on the second level. Ms. McPherson stated the current Btructure is nonconforming as it is 14.5 feet from the front property line at the shorteIn encroachment. The proposed addition would be at 21 feet. analyzing the request, staff looked at the fact that the house could not be moved in order to conform to the 14.5 encroachment. However, in looking at the addition, etaff felt there was perhaps some flexibility in that it could be redesiqned to meet the 35 foot setback requirement. Staff recommends that the Appeals Commission recommend approval of the variance to reduce the 35 foot setback to 14.5 feet for the existing part and to deny the request to reduce the setback from 35 feet to 21 feet for the proposed addition. Mr. Kuechle stated Broad Street is not open as Bhown at this location. Ms. McPherson stated it is a paper riqht-of-way south of Buffalo. The City has the riqht-of-way, but no street was ever constructed. Dr. Vos stated this technically is a corner lot and asked what the side yard setback would be in that instance. Ms. McPherson stated the side yard setback on that side would be 17.5 feet. Mr. Ruechle asked if there is a natural qrade there or if there is a dike. Ms. Nelson stated there is a dike. Because of the problems of designing a structure in a flood plain, she and her husband worked with a desiqner to conform as best they could to those requirements. There is a naturally wooded area on the property 5N �PPEALS COMMIBSION 1sE$TINQ. �BBRUl�RY S 1991 p�G$ 9 which includes almost all of Lot 21. There is a foot path that comes in 15 feet from the corner and that area is raiBed. The path qoes throuqh to 79th l�venue. Dr. Vos asked if the existinq qaraqe would be removed. Ms. Nelson Btated it would. Dr. Vos asked where the 35 foot eetback would be in comparison to the currently proposed 21 foot setback. Ms. Nelson etated that with a 35 foot setback, the addition would need to moved back 14 feet. -� Ms. McPherson stated this is correct. The proposed structure has approximately a 6 foot setback from the side of the existing structure. Ms. Nelson stated this house is the only house on that side of the street. There is a garage to the west, but they do not own that property. Ms. Dacy stated there is approximately 60 to 70 feet between the structures. Ms. McPherson stated there is a fairly larqe change in topography to the east in that area. Dr. Vos stated he would assume there is a dwelling across the street. What is the setback for that dwellinq? Ms. Nelson stated these houses are not set back 35 feet. One qarage is a few feet from the street, nnd the other two houses are approximately the same distance from the street as their house. Dr. Vos asked if Buffalo is a normal width street. Ms. Dacy stated Buffalo is a 40 foot right-of-way with 5 to 8 feet of boulevard. There is 20 feet from the center line to the property lir►e. This area is a very old plat. Dr. Vos asked the petitioner for their view of the etaff's recommendation. Mr. Thomton, the designer, stated that in designinq the home, the existing laundry would be remodeled to make a kitchen and breakfast area. This is an area where the Nelson's could look at the portion of the yard which is private and more aesthetic. In the addition, he has extended the west wall of the garage and cut off one corner at a 45 degree angle to accomplish this. To put this further back would cut off the view. There were restrictions in desiqninq the 50 APPEALS C�MKI88ION KEETIl�ia. l88RIIl�RY S 1991 P�GE � addition ound lev 1 becauseo f lthe floode plain �requirements.space on the qr Ms. Nelson stated they want space on that side of the lot which is aesthetically most pleasing, and they have tried to do as much as possible to have a view on this area. Mr. Thomton Btated one of the arguments for the eetback was that one could not park a car there. There is enough room to park a car in the proposed plan. Ms. Nelson stated another reason for the setback was line of sight. That would never affect them on that block, There cannot be anyone else building to the east, because there the a riqht of way. Adjacent is a private building. On the other side is an area that floods every spring. There won't ever be any more building because they would have to raise the level of the road. Moving the addition would restrict the functionality of their home. In ehowing the diagram, it would take away from the living area because of the existing structure. Because of family circumstances, the space is needed as well as an open area to the kitchen. Or. Vos asked how much more space would be added. Mr. Thomton stated the addition is approximately 30 feet by 36 feet or about 1,000 sq. ft. of livinq epace. Ms. Nelson stated the natural state of the lot is She hadPspoken to them. They do not want to take out any trees. with neighbors and is aware of their feelings. The surrounding wooded part to the south would be kept in a natural state. They have been involved with action to the creek, Springbrook Creek, including an annual meeting to help clean up the creek. There is much interest to keep the area the same. One neighbor asked if they intended to do anything with the woods. She stated they want to keep that as is and wish to maintain the path which is publicly used. The area is enjoyed by many and they want to see it continue this way. �OTION by Ms. Smith, Beconded by Mr. Ruechle, to close the public hearinq. IIPON !� VOICS DOT�D � PIIBLIC �HEliRI� CLOSED l�TA8:15 pEM��D �E I�tOTION CARRIE Mr. Ruechle stated he was in favor of granting the variance as requested. If one looks at the site, there is minimal traffic so, although the etreet is narrow, off street parking is not critical. He did not think the visual impact on the neighborhood wou1T ere that great because there are no other houses to the east. is little choice but to qrant the variance for the existing �� PP !�L MKIBS O I�iG BBR a structure. Denial of the second variance would require them to construct their home in an inconvenient fashion with little visual impact. Offsettinq will not improve that auch. Since they are in a flood plain educes tthe number ofi optionsn evailable. �He gwould level which r recommend approval. Ms. Beaulieu agreed. The front view of the proposed Btructure is aesthetical wy �To makee the petiti nerbpu h itpback�l4tfeetrw uld is there no look odd. Dr. Vos stated the existing structure would look out of place if it would be placed 14 feet back. He would be uncomfortable to have it that far back. d have tno f�alms labout rvotingat t pprove Sthe of that, he woul �N variance. Ms. Savage stated this is a unique prop�o m ke tthe be t a of rthe She felt the petitioner was trying circumstances and felt this would be an improvement. Ms. Smith stated she would aqree that the proposed chanqes would qreatly improve the property. MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend approval of Variance Request, �91-02, to reduce the front yard setback from 35 feet to 14.5 feet for an existing condition, and to reduce the front yard setback from 35 feet to 21 feet to allow the construction of a qarage and additional living space, subject to approval of the epecial use permit. IIPON !► VOICB VOTE, 71LL VOTINQ 71Y8 � CHl�ZRPERSON BAV7IGB DECLl�RED THE MOTION Cl�RRIED IINANIMOIISLY. Ms. Dacy stated the special use permit would be considered at the February 21st meeting. Ms. McPherson stated the variance request and special use permit would be considered by the City Council at their March 4 meeting. OTHER BUSIN�SS Ms. Dacy introduced Ms. Beaulieu as the newly appointed member of the Appeals Commission. Ms. Beaulieu stated she is an attarney in Fridley with an office located on Hiqhway 65, and Bhe teaches part-time at William Mitchell Law School. She and her family reside in Fridley, and she has three children - two children in colleqe and one child in high school. 5Q ADJOtJR�NT - MOTION by Ms. Smith, seconded by Dr. Vos, to adjourn the meeting. Dppls 7► VOICS VOTB, 1LOTZON CARRZBD AI�TD �D�TOORNED AT 8:30 71LL �8BR0l1RY�5 � iCHl1IR�pR88�L8 COI�II�iIB8I0 �ETING THB P.l[. . Respectfully Bubmitted, �t,t��� � vonn Cooper °� Recording Secretary '�1 � � � PIIBLIC HEARING BEFORE THF APP$ALB COMMISBION Notice is hereby given that the Appeals Commission of the City of Fridley will conduct a Public Hearing at the Fridley Municipal Center at 6431 University Avenue N.E. on Tuesday, February 5, 1991, at 7:30 p.m. for the purpose of: Consideration of variance request, vAR �91-02, by Vance and Mary Nelson: Per Section 205.07.03.D.(1) of the Fridley City Code, to reduce the front yard setback from 35 feet to 14.5 feet for an existing condition, and to reduce the front yard setback from 35 feet to 21 feet, to allow the construction of a garage and additional living space, on Lots 18, 19, 20, and 21, Block Y, Riverview Heights Addition, the same being 600 Buffalo Street N.E., Fridley, Minnesota, 55432. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and place. DIANE SAVAGE CHAIRPERSON APPEAIS COMMISSION Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. I G�ty Co�c:il City Manager Lhane Savage 567 Rioe Creek Terraoe N.E. ' Fridley, NL'�1 55432 NJary & Vanoe Tdelsan 600 I3uffalo Street N. E. Fridley, NY1 55432 Gary Thamton- 4655 Zbnkaview Iane Nbund, NN 55364 Garland Lagesse 7951 Broad Avenue N.E. Fridley, NN 55432 James Bvwe/Resident 7919 Broad Avenue N.E. Fridley, NN 55432 Stephen Stmdquist 630. Cheryl 5treet N.E. Fridley, NN 55432 Clark Nasca� 614 Cheryl Street N. E. Fridley, NN 55432 Gordon HedlLmd 1255 Pike I,ake Drive New Bric�tcn, NN 55112 MAII�TNG LIST FC)R �� # 91-02 M�.y & Vanoe Nelson 6Q0 auffalo St.reet N.E. Frank Shi �'k 7901 Rivervi,ew 'Perraoe N.E. k�idley, NN 55432 Bruoe Zhompson 6212 Hillsi.de Road Edina, NN 55436 Bxuoe �hompson/Resident e��„ 630 Buffalo Street N.E. I"`� Fridley, NIl�] 55432 Margaret Iverson 7899 Broad Avenue N.E. Fridley, NN 55432 B�rbara Bollig 581 Buffalo Street N.E. Fridley, N�i 55432 Anthony 'IUrek. 611 Buffalo Street N.E. Fridley, NN 55432 Ja¢nes Brady 641 Buffalo Street N. E. Fridley, N�d 55432 Joel Marquardt 7921 Rivesview 'I�rxaoe rI.E. Fridley, N�I 55432 5S Earl GP�nill 468 Lcngfellvw Street N.E. Fridley, NN 55432 Kevin Holmzn 571 - 79th Way �I.E. Fridley, :��1 55432 Bergsagel and Rogness 16515 - 6th Avenue North Plymouth, M�1 55447 Walter Rasmussen 541 - 79th Way N.E. Fridley, �d 55432 Farl G��nill/Resident 555 - 79th [aay N.�. Fridley, N�T 55432 R�bert Kohls 640 Clzezyl Street N.E. Fridley, NN 55432 h-►�G , � � y � -�-°�, � � � .�� ss fi�.����w �► 64 31 �IIVERSITY AVENUE N. E. M � � � M � ��'j' �j �r � � FRmLEY, l+IId S5132 ty DevelC�t t (612) 571-3450 �Q 7 �r l �f 3� VARIAi� AP'PiSC�'1't�i I�i P�PEtn'Y II�O�II�TIoI�T - site pl�n required far a�ittals: see attaci�ed �.. � Legal description: ;�r �p���C c dlil � CJ✓ V r�I r� 1�� — I► a��x ��Aaa.��� � j f c� l�,, current zoning: � I S�K ���^ square foatage/acneage I 1 v JC 1�� e r Reason for varianoe ar�d hazdship: S{"I'� �G �� S�� �e � Sectiaai of City Oocle: F'FE aWI�Ft II�1�i�Il4TI�T (O�r�tract Purchasers: Fee Owners mLSt sign this fornn prior to pr+oo�sing) I�1ME Viy u p p � � P I S G�1 _ f,_� ! � �— GII_�%�AZ�J SIC�ZURE nA�rn� � _ `7��, - lo y Y � J-18-�i rL1111WtC�lt ii\CVi�7!'1i1\.14� r� Md�� �e�so ...-�. r�►� �!�? �� I� • yM�y� ..'� �� � � . , n� I-1$-i i -�- _.____._.�...... .............._�_., FEE: . $ 60.00 for reside.ritial pra�perties Permit vAR # ReoeiPt � 3� 9 d'3 � Application z�eo�ived by: � Scheduled Appeals =,._....; ^_ion date: Shceduled City Ootu�cil date: � . I _ _ � Community Development Department NG DIVISION City of Fridley DATE: February 28, 1991 � � TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director SUBJECT: First Western Development Variance Request VI At the writing of this report, I have not heard from Mike Spriggs of First Western Development Corporation regarding changes to the proposed site plan. Staff recommends that the City Council postpone action on the variances until March 25, 1991. BD/dn M-91-146 MEMORANDUM - Municipal Center _ 6431 University Avenue Northeast Fridley, Minnesota 55432 ��� (612) 572-3507 FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager Memo To: 11ILLI� w. BIIRNB, CITY l[ANAG$R �,�'� � Fzoai: 11ILLIAI[ C. 8[T�TT, ]188ISTA�iT TO TSS CITY It7�TAaBi;-� SubjeCt: Date: I1�IIdIINIZATION FOR HBPATITIS B FEBRIIARY 28, 1991 I have just received the enclosed memorandum from Samantha Orduno, City Administrator of Mounds View, regardinq the necessity of an agreement with the City of Bloominqton in order to have the Bloomington Health Department administer Hepatitis B immunizations to Fridley Firefiqhters, Police Officers, and Community Service Officers. I have reviewed the enclosed agreement, and I recommend that you present it to the Fridley City Council for action at its meeting of March 4, 1991. Without this agreement it will not be possible for us to avail ourselves of the services of the Bloomington Health Department. WCH/jb 7 7A AGREEMENTFBE�yN THE CITIES OF BLOOMINGTON AND FOR PROVISION OF HEPATITIS B VACCINE This Aqreement made this 4th day of March � 1991, by and between the City of Bloomington ("Bloomington") and the City of Fridley �„ Fridley „�� WHEREAS, Hepatitis B is an infection of the liver caused by the hepatitis B virus; and WHEREAS, each year approximately 300,000 persons in the United States are,afflicted with hepatitis B, more than 10,000 persons require hospitalization and an estimated 250 people die from the disease; and WHEREAS, persons who may be at risk of acquiring hepatitis B due to their job responsibilities include such governmental employees as nurses, paramedics, law enforcement personnel, and firefighters; and WHEREAS, a key strategy for preventing the spread of hepatitis B is to vaccinate individuals with a high risk of infection; and WHEREAS, Bloomington, through its Division of Public Health, has agreed to vaccinate employees of approximately 24 municipalities in order to minimize infection with hepatitis B; NOW, THEREFORE, the parties hereto, in consideration of the convenants thereinafter set forth, agree as follows: 1. Bloomington, through its Division of Public Health, will administer the Hepatitis B vaccine to any employee of Fridley who consent to be vaccinated. Each employee requesting i�arnunization shall be required to sign a -2- Consent Form, which is attached hereto and marked Exhibit A, prior to being vaccinated. 2. Bloomington shall administer three (3) separate vaccines Fridley for each employee. 3. Fridley shall pay Bloomington the sum of One Hundred and Forty Dollars ($140.00) for each employee consenting to be vaccinated. On or before a date to be determined by Bloomington, Fridley shall remit to Bloomington the total amount of compensation from all employees of Fridley who have consented to be vaccinated. It is understood and agreed that such compensation from all employees of Fridley who have consented must be paid prior to Bloomington dispensing the vaccine. 4. Bloomington will conduct the vaccinati.on program at ten to fifteen (10-15) separate clinics. Bloomington shall inform Fridley of the location of each clinic and provide a schedule for administration of the vaccine. 5. Bloomington shall provide to Fridley a report confirming that the consenting employees of Fridley � received the Hepatitis 8 vaccine on three separate occasions. 6. It shall be the responsibility of Fridley to insure that its employees requesting imtaunization utilize the available clinics at the designated ti.mes. Bloomington shall not refund any payments to Fridley for employees who are not vaccinated because they failed to appear at a clinic during the times when the vaccine was being administered. � ?C �� Fridley ?. shall indemnify and hold harmless Bloomington, its officials, agents and smployees, from and against all clai.ms, damages, losses and eacpenses arising out of or resulting from administration of the Hepatitis B vaccine pursuant to this Agreement. CITY OF BLOOMINGTON By: Its Mayor By: Its Manager CITY OF Fridley By: Its Mayor By: Its anager FEB 2 8199 � 7D MEMORANDUM TO: CITIES PARTICIPATING IN HEPATITIS B I1��iMUNIZATION CLINICS FROM: S ORDUNO, CI'T'Y ADMINISTRATOR DATE: FEBRUARY 22, 1991 RE: *AGREEMENT WITH CITY OF BLOOMINGTON *MEETING DATE FOR DETEF:MINING CLI1vIC DATES AND TIMES At long last the City of Bloomington has sent the agreement which each of the participating cities must now approve before the Bloominqton Health Department will order the Hepatitis B vaccine. Over the past 2 months, I have spoke with many of you regarding the status of the Hepatitis B I�nunization Clinic Program. For those of you whom I have not spoken with, I will briefly outline what has taken place in recent months as well as the current program timeframe. Background ' Last year, the Bloomington Health Department agreed to act as the vendor for the immunization clinics. Cities wishing to participate were asked to obtain signed permission notices from all employees who were to receive the vaccine. It was our understanding that the City of Bloomington would bill each City for the number of employees receivinq the 3 shot vaccination series. However, in January, the City of Bloomington informed me that all cities would have to pre-pay for the number of employees receiving the series. Evidently, the large quantity of vaccine Bloomington had to order to accommodate the cities had a negative impact on their cash flow. Before I had the opportunity to formally notify the cities, Bloomington informed me that their City attorney determined it was necessary for each participating city to approve a"hold-hartnless" agreement and pre-pay before the vaccine could be ordered. Hence, the attached agreement. Timeframe It is now necessary for each city to approve the attached agreement, forward to the City of Bloomington a signed agreement, 7E HEPATITIS B IIrII�JNIZATION CLINICS PAGE TWO FEBRUARY 22, 1991 a list of the employees who will receive the series and pre-pay for all employees. Once all the cities have pre-paid, the vaccine will be ordered. If these actions occur, the following timeframe can be achieved: � March 31, 1991..........Deadline for approval of aqreement and pre-payment April 1, 1991...........Bloomington Health Dept. orders the vaccine May 1-31, 1991..........Dates for the first set of clinics June 1-30. 1991.........Dates for 2nd set of clinics Nov. 1-30, 1991.........Dates for final set of clinics I have attached a list of the participating cities and the number of employees which have thus far agreed to participate in the immunization clinic. Please provide Bloomington Health Department your most current list of na.mes. A signed permission slip will be required for each employee as they receive the vaccine. If you have employees who wish to sign up for the i.mmunization clinics after your city has pre-paid, they will be allowed to participate in the clinic. Their names will be added to the pre-paid list and Bloomington will invoice your city for the additional employees. The list of your employees, the signed agreement and the check for the pre-payment of fees is to be sent to: Rari Dusich, Epidemiologist City of Bloomington Public Health Department 1900 W. Old Shakopee Road Bloomington, I�i 55431-3095 MeetinQ Schedule In order for us to determine the clinic locations, dates and times, I have scheduled a meeting for Friday, March 1S, 1991 at 9:00 a.m. at the Mounds View City Hall. Kari Dusich, the epideiaiologist from the Bloomington Health Department will be present to answer questions and assist us in setting up the clinics. Please RSVP to Michele Severson at 784-3055. 7F HEPATITI5 B IMMUNIZATION CLINICS PAGE THREE FEBRUARY 22, 1991 If you have any questions, or need any additional information, please don't hesitate to call me at 784-3055. solmjs HEPATITIS B IlVIlVIUNIZATION CLIlVIC PREREGISTRATION CITY Anoka Blaine Brooklyn Park Champlin Columbia Heights Crystal Eagan Eden Prarie Excelsior Fridley Golden Valley Hopkins Maple Grove Mound Mounds View New Brighton New Hope Robbinsdale Roseville St. Anthony Shakopee Spring Lake Park Woodbury NO. OF PARTICIPANTS 61 32 95 9 26 54 73 92 11 68 45 50 61 12 14 33 43 75 SS 27 14 7G � � � 3 _ y�� �10 C85th AVE,) co, RD, H ., W i � A 7H s NORTH CO3 RD, I * Mounds View City Hall — 2401 Highway 10 3 � � Englneering Sewer water Parks Streets Maintenance MEMORANDUM ��. TO: William W. Burns, City Manager[�. PW91-60 A' FROM: John G. F1ora,�Public Works Director DATE: February 27, 1991 SIIBJECT: Street Improvement Project No. ST. 1991 - 10 (Sealcoat) We have prepared the plans and specifications for the street sealcoating work. We propose this is the second year of our 8-year program for sealcoating the streets within the City of Fridley. This year, the major effort is focusing on the Melody Manor area. Recommend the City Council approve the attached resolution ordering the improvement, approval of plans and ordering the advertisement for bids for Street Improvement Project No. ST. 1991 - 10 (Sealcoat). JGF/ts Attachments i � f�� � �, I�pI�I'IQi 1�D. - 1991 vs_ • � • •�•�� �+• � � i• • � � s i:� •.� . . �i- u •i•u :�• � � • � • :�•� :t:� i:� ���• : n: •��+' � �• ••� � a� i:� • • :, • � _��+- •• • �8, the City C)ait�cil of th�e City of FYidley has establistled a policy of Sealooatit�g the City streets ori a regular basis, �,5, the Public Works Dirac.-tor has sulxnitted a plan shawing tt�e streets in r�eed of sealooatixyg, I�"JW, �, B'� IT i�OLVID, by the City Cauncil of the City of FYidley, Anoka Cauzty, M:vv�sata, as follvws: 1. Zhat the streets reoamnerrled for sealooatityg by the Public Works D�ar4ment be sealvoated, ar�d th�e w�ork irYVOlved in said in�rov�nent shall iiex�eafter be de.sicp�ated as: gTl�P p pAp�TEGT PD. ST. 1991 - 10 2. �he plans arid s�ecifications pr�az+ed by the Public Works Departinent for � improve�ment ar�d each of thesa, pursuar�t to the �our�cil actioai i�eretofore, are tiereby approved ar�d shall be filed with tile City Clerk. 3. 71�e wurk to be perfozmed urxler BTRE� II�liOi�FF�Tr Pi�TDGT I�U. ST. 1991 - 10 be performed tu�c]er one coa�tract. The Public Works Direct.or shall a000rdir�gly prepare ar�d cause to be insert:ed in the official r�ews�aper advertis�nent for bids upon tile ma]cis�q of such improvements �x1ex such approved plans ar�d specifications. Zhe advertisement shall be publistied for tw� (2) w�eeks (at least 10 days), ar�d shall specify the w�rk to be d�e anci will state that bids will be a�ened at 11:00 a.m. oal APRIL 10, 1991, in tiye Qau�cil Qx�mbers of the City Hall, arid that r� bids will be oonsidered unless sealed ar�d filed with the Public Works Diract.or azd a000anpai�ied by a ca�sh d�eposit, bid bo�xl, or oeYtified c�lecJc gayable to t�1e City of Fridley for five peroe.rYt (5�) of th�e ama�mt of � bid. 'I3�at the advertisement for bids for STREET Il�RpVII�� Pt�TECT I�• 1991 - 10 shall be substantially starrdard in form. - ti�� • �. • .• • :,�. �:r. w .. �i wr •i- �:r. w •i� • �� r:� : r: ��• •�- I r• .�: WIIZSAM J. I�E - N�►Y�t i MfT1 4�±�t�F ���;� r• • - • w � �•� . . • E; •�M «� �• : �..:�•.- BT�1' Il�QOVF1�lLNl' AiOJBL'P �UU. BP. 1991 - 10 (SS�LOO�i'P) Sealed bids will be reoeived arid publiclY apened bY the City of Fridley, Anaka Caunty, Minnesata, at the officae of the Public Works Dir�ect.or of the City of FYidley, 6431 Univessity Avexiue, N. E. , FYidley, Misu�esota, 55432, (Tel. 571-3450) on the lOth day oi April, 1991, at 11:00 a.m. for the furnishing of wr�rk ar�d matexi.als for the follewing wdrk for the City of Fridley STt� II�pVB�I� P1mJEGT I�U. ST. 1991 - 10 (BE�iI�T) . �e surfave treatment proj ect oor�sists of � sealooatir�g �baut 235, 022 square yards of streets in differe.rit parts of the City of Fridley arid c�oa�sists of the followinq p�incip�al it.ems of work ar�d ap�,i�nate quarttities; 188,654 Square Yards Sealvoat with FA-3 Aggregate 188,654 Square Yards S�i after Sealcoat Applicatioa� All in a000rdanoe with plarLS ar�d s�ecifications prepared by Jahn G. Flora, P.E., Public Works Direc,-tor, FYidley City Hall, 6431 University Averiue N.E., Fridley, MN, 55432 (Z�el. 571-3450). P1ans and specifications may be exam?*� at the offioe of the Public Works Director ar�d caPies may be ab�tained for ttle �tracto�r's ir�divic�ual use by aPP1Y�5 � � Public Works Direct�or. Bids must be mac3e �► the basis of cash payment for werk, ar�d avoa�nied by a cash deposit, oertified ciiec,k (oaz a respansible bank in the State of Minnesota) or a bidder's bond made gayable witho�t oo�nditioaz to the City of �idley, Minn�sata, �n an amamt of nat l�ss than five pement (5�) of the total amamt of the bid. The City �au�cil reserves the ric�t to rej ect arry ar�d all bids arid to waive arYy informalities in any bids reoeived withaut e�lanatioa�. No bid may be withdrawn for a period of thirty (30) days. By ord�er of the City C�au�cii of the City of FYidley, Minnesata. Diated this 4th day of Mardi, 1991. Jahn G. Flora, P.E. PUELIC WbRKS DIR�CZt�R Publistled: �id1eY Foc�as Oo�stYUCti� Bulletin March 20, 1991 Marc3i 22, 1991 March 27, 1991 M31�+ch 29, 1991 April 3, 1991 April 5, 1991 {_ . : �., - . � .� t i� � � � �� ! ' ��, c'� ' 1 � i ' :: :R � �� � l,y � i� n � _ t �'i � �-s� r' ! i�IST'7n',m � �' � � ., o � .� - - � e -t;� �..,.� ... __ __ __ __ __ __ __ ____.-_-----= �- ,- �-- _= s -- "�.,:..��I ' -, ;: � 7 " ��' ..`_ ._ _ _- --.._: . -_- -- :_�� � .t ; � P: S �:i V �IllIM9T9q � �.V •M.�ATMLAN :,•F�t7-V � U • • 0 2 7 a = o.... � t :1v �.y•U � J C. . � � � �`�L � �V .:g4 v � , � .r .3 . � i;: `. . ¢ ; :. y�I �� �', � COUIOIQ CM • t � Si ���� V • \,j � � J�� J V� • ' ��. � u � ' .; . � q ; s L..• JJ,? ► Q z �� }: ��,e� !{:.;F s s� r" �' � C CI L � ! C�l+�R M �. • i: �� I� • s� ' U� � r� - v�— ; i(; :�tj•ti:{ � R �T=—� --- -- 1� ' s•a c � •� • r--- � . _. , _ � R � � � ��! IC� •i �,�_.::;,� ��� � �.�L ; �'_"� : � : .. ::" �I ��-- • • r :i:: _.:i:� J� ,•�..--,.�-�' , > �. � � , c C• �1� I 1 �. � i;� �...� �� �� �.. ' `� � �-=-a. � ., ` _� . ,. — � �5== � �/� :i \\ I � �?: `= � \`I �: � ! : o d. � � u�� �'� u . � ... ,�. ' a �, o a (y .y ' ( fl r; v 6 "+ � : � ,, � � - s c " F � � p QJ i� , ,� J � � • �I �' � _ ` r C , � . ? � , �: � a � � c ,� I •� ,�� C, `J 7 !r � �y a U- � R " ` / �� � c+ � I a : •_° � �, �, a �• ���'' �,,.:�a ' � 7 ,,� C � � ' � �j`S I' e � � � ' 9 � I .. ~I i j�� � `' � 9 �t L`� I I a � t I I . 7 � �r� � � A �� `�, v : s a - - - - - I � '� � ^ �� '_ `� � I J � % * �� ' � : � �� � ; / u ''' , !:� � .� � � _, i� � � 1991 S�ALCOAT �� -- �� PROJECT �� �C i � I � _ "LOOSE ROCK" SIGN �` - � "15 M.P.H." � ' 1 f . ; : '; � �� �,� .� : �,. � � �►:_: . :� � �: .�.--- 'si' �?i :• i� � .... .... ,,....... .. � 11% +' � J �� ""' / � /'' ��, ; � , � , :;j �� �2'. .4 � •! I ��:����- -= _ ` �fl 4 S Z � M ' q e " _���' � �;; � �s:. , _.. ..:: - -_- -'; i. t i -:I,=.; =- ::•- �� '=---=�'e��;t:'?'°'.�,��..:;i �� ;! p , _ "ilL +:-' Cj �� �C���' '� R �� ��= 1_NL � _ �^ '�-YYV_ �._..- -- ._. --... . :�':� ` - ��=t: , � � � ,_� � ��.� �,•",r` �,• � ,� ��r �� � � . �.. � � S ..... �.ti. • °:�' � =Z ��N M t • I.� .. r— � �— •i;� . • � ��?'� �:�.. �I� :� �s , ii . I':t '�.I: :� ,.. � :� i `; = _-�---, _ � . � • � �r :� . ,� .� �� �� "� �� t`�v �-., i i rr ; UU': � , M�N .�1 I • • ����.�� ✓� � �� 1��• Engineenny Sewer Water Parks Streets Ma+nlenanc� MEMORANDUM �,, ��' TO: William W. Burns, City Manager � PW91- 6� �. FROM: John G. Flora,(Public Works Director DATB: February 25, 1991 SIIB.TECT: Sanitary Sewer Project No. 221 (Hackmann Avenue) In the 1991 Sanitary Sewer Capital Outlay budget approved by the City Council, $26,000.00 was identified to repair the sanitary sewer line behind the homes on Hackmann and Central Avenues. We propose to repair the line through the insertion of an inverted epoxy liner to the existing sanitary sewer pipe, similar to the repair work on the Onondaga Street and Bennett Drive storm sewer projects. Plans and specifications have been prepared and we are now ready to advertise for bids. Recommend the City Council approve the resolution to advertise for bids for the Sanitary Sewer Project No. 221 (Haclanann Avenue). If you need any additional information, please let me know. JGF/BN/ts � � F�DL�Y • � RE80I�TPICN 1�U. - 1991 'I:r� • I ��. •1'I�'�I' � I I' '�• � J I:r� •.� ♦ . ��' '� •I'J�':rl' � � � � � :il'� _1:r I:N '�1' : ��: _�• 1 V• '♦ �I:r"I:'1• y:rl• . �. '�• :r • :I• M'1 I� i • � :il ill: WI�2F,AS, the City Ca.u�cil of the City of Fridley has establisiied a policy of repair sanitarY sew�r wh�n neo�sa�Y, W�S, th,e Public Works Director has sukmitted a plan showiryg tiye sanitary sewers in rieed of repair, NOW, �, B8 IT 1�e0LVED, by the city C�au�cil of the city of �id1eY, Anoka C�auYty, Minnesata, as follaws: l. �at the sanitary sew�er reoaROerided for �air by the Public Works D�ar�nent be r�aired, ar�d the work involved in said iu�rwement chall hereafter be d�signated as: c,• � v• •♦ :� , �• •��• . �. ._• a • 2. The plans arid specificatioa�s prepared by the Public Works Depar�t for such improvemPnt ar�d each of the�n, pursuant to the Cau�cil actio�n heretofore, are herpby approved arid shall be filed with th�e City Clerk. 3. �e wr�rk to be perforn�ed w�der SAIa�It7[ � 1t�PAIR PAO►THCT I�U. 221 be performed w�er one ooa�►tY'act. The Public Works Direct,or shall acoordirygly pr�are ar�d cause to be insert.ed ir► the official newspaper advertisemer►t for bids upan the making of suc�i i�rovements urider such approved plans arid specificatio�s. Th�e advertisement shall be published for tw� (2) w�eeks (at least 10 days), and shall specify tY�e wurk to be done arid will state that bids will be opex�ed at 11:00 a.m. oai THURS�AY, � 28, 1991, in the C7au�cil CY�ambers of the City Hall, ar�d that no bids will be vonsidered unle.ss sealed arid filed with th�e Public Works Dire�.-tor and aooa�anied by a cash deposit, bid boaxl, or oextified c�ieck payable to the City of F�idley for five peroei�t (5$) of the amamt of such bid. �at the advertis�nent for bids for S�Tl'l�t � REPAIR PliO►TDCP I�U. 221 shall be substantially standard in form. ' �171� i� • �• ' :N• Y:I: M ��'il N� •1- �:1: M •I' ' �� �:� : . �: ��. •I- I• '.�: WIIZL�M J. NF.E - 1�Y�2 ATPEST: n- ►• • w � �• � ,!�� «- i� : u � .i•.c, :r• ,�yv ;� :�s���+� ��:���-�. ..• . • s�ea bias wiii be rec�eived ar�d publicly aper�ed by the City of FYidley, Ar�o� County, Minnesata, at the offioe of the Public Works Director of th�e City of Fridley, 6431 University Avenue, N.E. , FYidley, Minnesata, 55432, (Z�e1. 571-3450) on ZSORSL�Y, � 28, 1991, at 11:00 a.m. for the furni �+; m of wnrk ar�d materials for the follvwiryg work for the City of FYidley SAI�I'1'ARY S�WER REPAIR PAO►TDCT I�U. 221. Th�e sanitaYy sew�er pipe repair project coa�sists of water tic�t linir� of 327 lineal feet of 8-inch diameter sanitary sew�+s pipe. All in avoon�anoe with plans ar�d specificati�s prepared by Jd�ui G. Flora, P.E., Public Works Direc.�tor, �idley City Hall, 6431 University Avenu�e N.E., Fridley, MN, 55432 (Tel. 571-3450). Plans arid specifications may be e�mined at the offioe of the Public Works Direc.-tor azrl cx�pies may be obtair�ed for the C�o�tractor's irrlividual use by applyirig to the Public Works Direc�tor. Bids must be made on the basis of cash payment for ta�rk, arrd aooa�anied by a cash deposit, certified cheGk (� a responsible b�nk in the St ate of Minnesorta) or a biclder's bor�d made payable withaut oor�ditioa� to the City of E�idley, Mirmesota, in an amaant of r�at less than five peiroent (5�) of the total amauit of the bid. The City Cau�cil resezves the right to reject arYy ar�d all bids ar�d to waive arYy informalities in ariy bids reoeived withazt explanatioaz. No bid may be withdrawn for a periai of thirty (30) da�rs. By order of the City Cairicil of the City of �idley, Minnesata. Dated this 4th day of Marc�, 1991. Jahn G. Flora, P.E. PIJHI�C Wt�S D�'P� Published: FYidley Foc�as donstructiar� Bulletin Mamh 6, 1991 Mat�c�h 8, 1991 March 13, 1991 Marc31 15, 1991 March 20, 1991 March 22, 1991 • � �F �lTM •VE W � � „ w lo�� o Y�RiGO�D T c • z � = an � e W Y t J W � 0 � . � W � W >� ! O .i; �� � _ - RE 00 M 1� O W N W v t ; F � � . � o 4Y � � � c�rvs � �1� L ti� �iiT �x0 N r ' I ` `q I ���� � � � ( � R�« � . � . . . � . �� �1I � � p �.E �..c ' e 0 � ti m �i++ � : `•� I i � 8,� � „ OC�[ 9 \\ ,____�—__ ,:�� — 3 — � ��T..p..:.. crt I� �— _� , , rMOE 8�� �� .t I I � i ► j tiEGiS T � �lC � r� r w �tY N � /i Q Gls 8,� � -� ti(.. Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: William W. Burns, City Manager �.�i PW91-43 FROM: John G. Flora,�� lic Works Director Mark A. Winson�sst. Public Works Director DATE: SUBJECT: February 27, 1991 Transfer of Funds from Streets Capital Improvement Fund to Street Improvement Project No. St. 1990 - 3 for the Extension Of Oakley Drive In conjunction with improvements to 67th Avenue as requested by the Michael Servetus Church, the City agreed to fund the extension of Oakley Drive and looping the 67th/Oakley watermain. Construction costs for the street extension and watermain loop were estimated at $13,000.00. The entire $13,000.00 was identified in the 1990 Capital Improvement Program under Water Capital Improvements. It would be appropriate for the costs for the extension of Oakley Drive to be assumed by the Streets Capital Improvement Fund. Construction, advertising, and interest costs bring the total to $6,577.69. Request that the attached resolution, transferring $6,577.69 from the Streets Capital Improvements Fund balance to Street Improvement Project No. ST. 1990 - 3, be adopted so that this project can be closed. JGF/MAW/ts 10 � � fWDI.EY �- � RE80LIITION NO. - 1991 1 O A RESOLIITION AUTHORIZIN(i CHANG$S IN APPROPRIATIONS FOR T8E CAPITAL IMPROVEMENT FIIND AND AIITHORIZIN(3 TH$ TRANSFER OF FUNDS FROM TH$ CAPITAL IMPROVEMENT FtJND, BTREET DIVISION TO THE 1990 STREET FIIND WHEREAB, the City Council of the City of Fridley adopted Resolution No. 40-1990 ordering improvements under the Street Improvement Project No. ST. 1990 - 3 on June 18, 1990, and WHERBAB, the extension of Oakley Drive is a portion of Street Improvement Projerct No. ST. 1990 - 3, and WBEREAB, the costs for Oakley Drive improvements were inadvertently identified under the 67th Avenue/Oakley Drive watermain loop improvement, and WHEREAB, the funding for the construction, advertising, and interest should come out of the 1990 Street Capital Improvement Fund. NOW, THEREFORE, B$ IT RESOLVED by the City Council of the City of Fridley that the 1990 Budgets of the following funds be amended as follows: CAPITAL IMPROVEMENT FIIND Revenue Adjustments Fund Balance . . . . . . . . . . . . $ 6, 577 . 69 ADpropriation Adjustments Capital Outlay . . . . . . . . . . . $ 6,577.69 BE IF FIIRTHER RESOLVED, that the City Council of the City of Fridley authorizes the transfer of funds from the Capital Improvement Fund, Street Division, to the 1990 Street Fund in the amount of $6,577.69. PASSED AND ADOPTED BY TH$ CITY COIINCIL OF THE CITY OF FRIDLEY THIS 4TH DAY OF MARCH� 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: William W. Burns, City Manager �; PW91-42 FROM: DATE: SU BJ ECT: John G. Flora,��µblic Works Director Mark A. Winsanfa��Asst. Public Works Director February 27, 1991 Transfer of Funds from Parks Capital Improvement Fund to the Nature Center Parking Lot Zmprovements Improvements to the Springbrook Nature Center parking lot were completed as a portion of Street Improvement Project No. ST. 1990- 3. The budget of $45,000.00 for this improvement was originally established taking in account construction costs only. The actual construction cost for the parking lot improvement is $46,204.40. Overhead costs for advertising and interest have raised the total for this project by $1,204.40. Request that the attached resolution, transferring $1,204.40 from the Parks Capital Improvement Fund balance to the Springbrook Nature Center parking lot and entrance improvement, be adopted so that this project can be closed. JGF/MAW/ts 11 � ' FW� RFBOLIITION NO. - 1991 1 1 A RESOLIITION AIIT80RIZINO CHANG88 IN APPROPRIATIONS FOR TH$ CAPITAL IMPROVEMENT FIIND AND AIITHORIZINa T8B TRANSFER OF FIINDS FROM T88 CAPITAL IMPROVEMENT FIIND� PARR DIVISION TO T88 1990 STREET FIIND WHEREAB, the City Council of the City of Fridley adopted Resolution No. 40-1990 ordering improvements under the Street Improvement Project No. ST. 1990 - 3 on June 18, 1990, and WHEREAB, a portion of Street Improvement Project No. ST. 1990 - 3 is the improvements to the Springbrook Nature Center parking lot and entrance which is estimated at $45,000.00 for the improvement, and �iHEREAe, the estimate was based on the cost of construction only, and WHEREAB, the additional costs of advertising and interest have caused the expenditures for this improvement to exceed $45,000.00. NoW, THEREFORE, HB IT RE80LVED by the City Council of the City of Fridley that the 1990 Budgets of the following funds be amended as follows: CAPITAL IMPROVEMENT FIIND Revenue Adjustments Fund Balance . . . . . . . . . . . . $ 1, 204.40 Appropriation Adjustments Capital outlay . . . . . . . . . . . $ 1,204.40 BE IF FIIRTHER REBOLVED, that the City Council of the City of Fridley authorizes the transfer of funds from the Capital Improvement Fund, Parks Division, to the 1990 Street Fund in the amount of $1,204.40. PASSED AND ADOpTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS 4TH DAY OF MARCB� 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 12 1. 2. 3. 4. �. ,_ �.- _�r -- : �- : �:�_ • • _ ,�, :� - • " i� ' - - �itp l�ttornep l�ppoiatment: The law firm of Herrick i Newman is appointed City Attorney for the City of Fridley. Term of ths l�qreements March 1, 1991, through December 31, 1992. �1_ � : - - �� A. B. C. D. E. F. G. Attend all reqular City Council meetinqs. Attend Council conference Bessions when requested by the City Manaqer. Attend other meetinqs of City staff at the request of the City Manaqer. Advise City staff on legal questions that relate to official City busineBB. Advise and attend, upon request of the City Manaqer, meetinqs of boarde, commissions and committees of the City of Fridley. Represent the City at administrative or civil hearinqs and in courts of law. Defend City employees, when applicable, in civil suits arisinq from the performance of official duties. Prepare reports on Btatus of City litiqation, at the request of the City Manaqer. Compensations A. The City Attorney shall be compensated at the rate of $85.0o per hour. B. The City Attorney shall submit an itemized statement that clearly accounts for the hours of service provided by the City Attorney. 5. Qther Reimbursementas A. Expense advances for recordinq of deeds, filinq fees, charqes for documents, and other expenses related to the processing of litiqation and property acquisition or sale shall be subject to reimbursement by the City to its City Attorney. 12A B. �►11 leqal service fees for assessment districts and condemnation proceedinqs are to be charqed against the appropriate project. C. All other expenses, such as dues, subscriptions, telephone publications, eecretarial services and overhead, etc., associated with the performance of leqal services shall be the responsibility of the City Attorney. Agreed and entered into this lst day of March, 1991. HBRRIC� i �TB11MA�1 Law Firm, BY Virqil C. Herrick Its CITY OP FRIDLEY, l[INNE80TA A Municipal Corporation, BY William J. Nee Mayor BY William W. Burns City Manager 1 i