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09/30/1991 - 5110; � FRTDLEY CITY COUNCIL MEETING anror F��� ATTENDENCE SHEET I`'�onday, September 30 , 1991 7:30 P.M. ��='LEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM nRINT NAME (CLEARLY) ADDRESS NUMBER K� SCJ '/ _ FRIDLEY CITY COUNCIL F�� BEPTEMBLR 30� 1991 � PLEDGB OF ALLEGIANCE: PRESENTATION OF PROCLAMATION: Shorewood Days September 25, 1991 - October 15, 1991 APPROVAL OF MINIITES: City.Council Meeting of September 9, 1991 ADOPTION OF AGENDA: OPEN FORIIM, VISITORS: (Consideration of items not on agenda - 15 minutes) OLD BUSINESS: Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #90-01, by Murphy Oil Companyj . . . . . . . . . . 1 - iG �K1�L�Y Lll Y LVUNLIL 1r1��11rv vF ��Y1�M�3�K 30 � 1991 YaQ@ Z OLD BIISINE88 (CONTINUED): Second Reading of an Interim Ordinance Placing a Moratorium on the Issuance of Special Use Permits for Exterior Storage of Materials and Equipment�and Rock Crushing Activities in the M-1, Light Industrial and M-2, Heavy Industrial Zoning Districts, and Prohibiting their Location Within the City While the Moratorium is in Effect . . . . . . . . . . . . . . . .. . . . . . . . 2 - 2B Nuisance Abatement at 64th Way and Ashton Avenue (Tabled 9/09/91) . . . . . . . . . . . . 3 - 3J NEW BUSINE88: Locke Lake Discussion . . . . . . . . . . . . . . . . . 4 - 4B Fridley Bus Company Discussion . . . . . . . . . . . . 5 - 5S Establish a Public Hearing for October 24, 1991, for the Light � Rail Transit Preliminary Design Plans. . . . . . . . . . . . . . . . . . . . . . . . . 6 - 6C � FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 3v, 1991 Page 3 NEW BIISINESS (CONTINITED) : Variance Extension Request, VAR �88-06, by Wayne Johnson, to Reduce the Rear Yard Setback from 3 Fe�t to 1 Foot, and to Reduce the Side Yard Setback from 5 Feet to 3 Feet, to Allow the Construction of a Three-Car Garage on Lots 25 and 26, Block 5, Hyde Park Addition, the Same Being 6051 Third Street N.E. . . . . . . . . . . . . . . . . 7 - 7D Approval of Easement Encroachment Agreement:at Orthodox Church of the Resurrection of Christ located at 12 01 Hathaway Lane N . E . . . . . . . . . . . . . . . 8 - 8H Receive the 1992 Budget of the North Metro Convention and Tourism Bureau. . . . . . . . . . . . . . . . . . . . . . . . 9 - 9E Approval of 1992 School District Referendum Levy Return Agreements . . . . . . . . . . . 10 - lOHH Approval of Lease Agreement with School District No. 14 to Lease the "A" Frame Building Located at North Innsbruck Park, Arthur Street . . . . . . . . . . . . . . . . . . . . . . . . 11 - 11F r'K1�L1,Y ciTY cvuNCiL MEETING OF SEPTEMBER 30, 1991 Paqe 4 NEW BUSINE88 (CONTINIIED): Award Contract for Skywood Lane Water Extension Project No. 220 . . . . . . . . . . . . 12 - 12C Informal Status Reports . . . . . . . . . . . . . . . . 13 Claims . . . . . . . . . . . . . . . . . . . . . . . . 14 Licenses . . . . . . . . . . . . . . . . . . . . . . . 15 - 15E Estimates . . . . . . . . . . . . . . . . . . . . . . . 16 - 16A ADJOURN: ♦ SHOREWOOD DAYS September 25 - October 15, 1991 William J. Nee Mayor Fridley, MN `Li�3�f22l�,��S, tFieSFiorewoodofferssignifi'cantinsigktsintotkehi.storyof}"ridley, as wel�as fine food many Fiave enjoyed• and Z1%}�E2�,��1,S, tFie SFionewoocf is ma.rk,ing its 20 tk anniversary with twenty days o� celed ration, Septemder 25 tFirou.gh Octo6er 15; attrt � �}I�2Z,��(S, tFie Shorewood's "20/20 Specials"offer (ong-time Shonewoocl fans and new aficionados a.�ik,e a cFiance to enjoy tke SFiorewood's fine cuisine; and �l'V3f��,��5, the ceCedration'sgrand j"irtaCe willlook,to tFie future witk a seven course cFie�sa�ute d'u�cner, honoring t.ke cFiefs utith whom tFie Shonewood's new executive cFief, 7eff Con.C'in, has work,ed• � �O�V, �f2�,��"0�,�, B� I�Z"2�,�SOL7�ED t(utt I, �LV'il�iam�. J1�ee, �fa�orof tFi.e City of �ri�£ler� Fier�ed y proclaim Septemder 25 tFirougFi Octoder 15,1991 to de SHOREWOOD DAYS in t�ie City of �ricf�ey, and encourage afl �rulley citizens to attend and enjoy tFie anniversary ce�ed rations at tFie SFiorewood. I� `INI�I'J1��SS `YV�f��,�0� I Fiave set rtu� Fiand and caused tFie sea�Cof tFie City of �rutle� to 6e affi.�ed this 25th �Iay of Septem6er,1991. WILLIAM J. NEE, MAYOR THE MINOTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 9, 1991 The regular meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Councilmembers and audience in the Pledge of Allegiance. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilman Fitzpatrick None PRESENTATION OF AWARD: Mayor Nee stated that tonight an award was going to be presented to North Suburban Consumer Advocates for the Handicapped (NSCAH) and the City of Eridley by the Minnesota State Council on Disability. Mr. Steven Barg, Code Enforcement Officer, stated that this award was being presented to NSCAH and to the City of Fridley jointly for a project. He stated that the first "Access Guide to Friendly Fridley" was published in 1983. He stated that the purpose of that guide was to enable people with disabilities to find where they could go for goods and services. He stated that it -entailed identifying ramps, accessible parking areas, accessible bathroom facilities, etc. He stated that the "Access Guide to Friendly Fridley" was updated in 1989, and the second edition was published in 1990. He stated that the Minnesota State Council on Disability thought that publishing an access guide and updating it was commendable. He stated that there are many more businesses in the second edition. Mr. Barg stated that NSCAH organized and did a lot of the work on the project. He stated that the City of Fridley provided a grant through the Community Development Block Grant program and also some in-kind assistance. He stated that Clell Hemphill and Toni Dahl- Wiske from the Minnesota State Council on Disabilities are at the meeting. He asked Mr. Hemphill to come forward to make the presentation. Mr. Hemphill thanked the Fridley City Council for allowing them time to make this award to a community and a group who have done an outstanding job of recognizing a very important project on FRIDLBY CITY COIINCIL MEBTING OF SEPTSMBER 9. 1991 PAGE 2 accessibility. He stated that the Minnesota State Council on Disability has recognized Jesse Ellingworth and his organization, NSCAH, as being a leader in the quadrant of the State and especially in the attitude and product the Council is trying to present, which is barrier-free accessibility. Mr. Jesse Ellingworth stated that he was very grateful that he has been able to work with the City of Fridley City Council and staff many times in the past with the CDBG funds. He wanted to again say "thank you" to the City Council and the City of Fridley. He stated that NSCAIi has now moved its office from Fridley to the new human services building in Blaine, but he hoped that Fridley will continue to assist them in their efforts. Mr. Hemphill stated that on behalf of the City of Fridley, they would like to extend appreciation to Roger Blohm and the City for all their efforts from the Minnesota Council on Disability. Mr. Blohm stated that he wanted to thank the City Council for their cooperation and monies that made the "Access Guide to Friendly Fridley," second edition, possible. He stated it is his hope that other cities in Anoka County will do what Fridley has done to make Anoka County a leader in the area of accessibility. He also thanked the other members of NSCAH and the people who went door to door to get the names of the organizations and businesses and who prepared accessibility reports on each organization/business. Mr. Blohm stated that he hoped this placque would be placed in a prominent position at the Municipal Center to show what has been done in the City of Fridley. He stated that once again Fridley becomes number one as a leader for people with disabiliti�s. - Mr. Barg thanked Ms. Dahl-Wiske and Mr. Hemphiil from the Minnesota State Council on Disability for presenting the award. He stated that the "Access Guide to Friendly Fridley" was a joint effort between the City of Fridley and NSCAH and that it is fairly rare. He stated that there are only a couple of other communities that have done this. The City of Fridley can be proud of making this kind of commitment to people with disabilities. He stated that he would also like to thank the Fridley Human Resources Commission and the City Council for their participation. He stated that Marija Netz from the Human Resources Commission was in the audience. Mayor Nee thanked the members of the Minnesota Council on Disability for coming and presenting this award, and he expressed his appreciation to Jesse Ellingworth and Roger Blohm for their contributions. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 3 APPROVAL OF MINUTES: COUNCIL MEETING, AUGUST 26, 1991 MOTION by Councilwoman Jorgenson to approve the minutes as presented. MOTION TO AMEND by Councilman Billings to amend the minutes on page 11, last paragraph, first sentence as fol2ows: "All four shall be of the same color background and lettering and shall have the same style lettering." Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the minutes approved as amended. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: BRUCE LUNDGREN RE: FRIDLEY BUS COMPANY Mr. Bruce Lundgren, 230 Rice Creek Terrace, stated that he has been a resident of the City of Fridley for eighteen years. He stated that he would like to address a situation developing in his neighborhood regarding Fridley Bus Company. He stated that he was speaking on behalf of a majority of the homeowners from 180-281 Rice Creek Terrace and 6721-6731 Main Street. He stated that many of the homeowners were in the audience. Mr. Lundgren stated that Darwin Voigt, the current owner of Fridley Bus Company, has harmed the character of their neighborhood with his recent expansion of his facility at the west end of Rice Creek Terrace. Mr. Lundgren stated that in 1973 the Fridley Bus Company was formed by Roger Christenson after a great and heated debate at a City Council meeting. He stated that he was a member of the audience at that time and spoke at the meeting. He stated that at that time, the neighbors were concerned about three basic issues: (1) pollution, both air and noise; (2) visual impact of the light industrial facility on a residential neighborhood; and (3) an increase in traffic in the residential area. He stated that at that time the City Council attached fifteen stipulations to the building permit which included three stipulations about a 70 foot green area augmented with trees and other vegetation; One stipulation provided for inside storage of all the buses, one stipulation was regarding construction of the building, and one stipulation was regarding traffic on Main Street. He stated that all these stipulations were agreed upon by the City Council, the neighborhood, and the owner; and they seemed to protect the FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 4 neighborhood from their concerns and fit with Mr. Christenson's description of the company as being a small school bus company which wouldn't grow and would provide a service to the City. Mr. Lundgren stated that Mr. Christenson sold the company to Mr. Voigt in 1985. He stated that at that time about five school buses were stored outside. He stated that was a violation of the stipulations, but the neighbors were tolerant about it at that time. He stated that since then, Mr. Voigt has increased outside storage so that on Labor Day, 1991, there were 21 buses stored outside. He stated that Mr. Voigt has increased the outside storage of buses (which includes the large diesel coaches, city- type buses, and school buses), and he has entirely destroyed the 70 foot buffer. He stated that in the last two months Mr. Lundgren has brought the outdoor parking area to within 35-40 feet from the nearest residential home, and he has erected an eight foot chain link fence, which he states will screen the buses from the neighborhood. Mr. Lundgren stated that he can read the writing on the sides of the school buses through the fence. Mr. Lundgren stated that these changes have turned the neighborhood's 1973 concerns into their 1991 nightmares. He stated that this increased outdoor storage has raised noise levels at all hours of the night. He stated that the charter coach business operates day and night. He stated that Mr. Voigt uses the residential streets for testing his buses after doing repairs on his own buses and, apparently, buses for other companies. Mr. Lundgren stated that the diesel buses have increased the smell in the area. He stated that some af the neighbors are concerned about potential health hazards, as well as toxic air po�llution. He stated that while the diesel engines do not emit the same level of toxic gases as gasoline engines, they still stink. He stated that the destruction of the buffer has increased the noise levels for the neighbors from both buses at the garage and the trains. He stated that the fence does not hide the buses. He stated that he can see the buses clearly through the fence. Mr. Lundgren stated that Mr. Voigt is not a resident of the City of Fridley and has no long-term interest in the City. He stated that Mr. Voigt has no investment in the City. He stated that in a public hearing before the Planning Commission on August 21, 1991, he stated that he was trying to relocate his business but couldn't because he couldn't obtain financing, and that he planned to be out of the City of Fridley within four years. He stated that Mr. Voigt has claimed ignorance of the stipulations. He stated it does not really matter whose fault it is whether it is negligence on his part for not checking with the City, or negligence on the part of the 1973 City staff for not filing the stipulations. He stated that the result is that Mr. Voigt has destroyed the character of their neighborhood for the next fifteen to twenty years or longer. He stated that there is no longer a 70 foot buffer. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 5 Mr. Lundgren stated that the neighbors have been extremely tolerant of the bus company as it has infringed on the neighborhood over the years. He stated that the increased number of buses has been tolerated, but now with the destruction of the buffer, the neighborhood is saying: "It must stop. They have been pushed too far." He stated that the neighborhood would like City Council to act on four requests: (1.) To issue an injunction against the Fridley Bus Company which prohibits any further work on the outside storage area until the issues regarding the stipulations are resolved; (2.) To direct the City Manager, staff, and the City Attorney, to enforce all the 1973 stipulations, specifically, the indoor storage of all buses and the restoration of the green area buffer with mature 15 to 20 foot evergreens, if that is required. If these stipulations are not enforced, what affect does City Council actions have in the Euture? How can they, as residents, trust that future Councils will uphold the actions the Council takes today? (3.) There was supposed to be a special use permit on the Council agenda which was withdrawn by Mr. Voigt. He urqed each Councilmember to obtain and study the minutes of the August 21, 1991, Planning Commission meeting, including the petition filed by the neighbors. There are about sixteen to seventeen pages dealing with this item alone. (4.) The neighborhood would like to be included as a regular agenda item at the next City Council meeting to discuss this with a formal dialogue. Mayor Nee stated that he and the Councilmembers have read the August 21, 1991, Planning Commission minutes. He stated that staff has been doing a lot of work on this issue. He stated that it was hard for Council to respond to the neighborhood at this point... He asked if work is still being done by Mr. Voigt on the outdoor storage area. Mr. Lundgren stated that since the Planning Commission meeting, Mr. Voigt has completed the fencing, including the gate, and has added curbing alongside the building. He stated that the neighborhood is concerned that he is going to asphalt the storage area which would make it more difficult for the City to approach him. He stated that tonight the neighborhood just wanted to gain Council's attention and make sure they were aware of the situation. Mayor Nee stated that Mr. Lundgren had raised some very good points. He stated that Council is very aware of the situation and is also very concerned about it. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 6 OLD BUSINESS: 1. ORDINANCE NO. 976 UNDER SEGTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REOUEST SAV #91-03 BY WILLIAM PICKERING,�• MOTION by Councilman Schneider to waive ordinance No. 976 on the second reading Seconded by Councilman Fitzpatrick. Upon a aye, Mayor Nee declared the motion carried NEW BUSINESS• the reading and adopt and order publication. voice vote, all voting unanimously. 2. FIRST READING OF AN INTERIM ORD�NANCE PLACING A M(JRATORIUM ON THE ISSUANCE OF SPECIAL USE PERMITS FOR EXTERIOR STORAGE OF MATERIALS AND EOUIPMENT AND ROCK CRUSHING ACTIVITIES IN THE M-1 LIGHT INDUSTRIAL AND M-2 HEAVY INDUSTRZAL ZONING �ISTRICTS AND PROHIBITING TAEIR LOCATION WITHIN THE CITY WHILE THE MORATORIUM IS IN EFFECT• Ms. Dacy stated that Council has had a long-term aoncern for industrial uses that have extensive outdoor activities such as junkyards, trucking terminals, rock crushing operations, construction yards, etc. She stated that the proposed ordinance would establish a moratorium on new development of their uses and the issuance of special use permits for outdoor storage of equipment and material. She stated that the purpose of a moratorium is so that staff can conduct a zoning study of the extent and impact of outdoor intensive uses that are now located within the City of Fridley. She stated that the study is-intended to determine wfiether the City should create a separate zoning district for these types of uses. She stated that by creating the zoning district, the property owner would have to file a zoning application instead of a special use permit application. Ms. Dacy stated that according to the ordinance, the Planning Commission must consider an ordinance amendment within sixty days of the date of adoption of the interim ordinance. She stated that they hope to have a first draft of an M-3 industrial district at a Planning Commission meeting in November. She stated that this interim ordinance requires a four-fifths vote by Council. MOTION by Councilman Schneider to waive the reading and approve the interim ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 7 3. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING RE4UEST. ZOA #91-01) BY MARK KVALHEIM OF BAILEY ENTERPRISES: Ms. Dacy stated that the rezoning request is for an office building located north of Mississippi Street and west of Holly Shopping Center. She stated that the property is zoned R-3, Multiple Family Dwelling. She stated that at the time the building was constructed in the late 1950�s, an office use was a special use and/or a permitted use in that zoning district. Ms. Dacy stated that the proposal is to rezone the east half of that building from R-3, Multiple Family Dwelling, to C-2, General Business. She stated that the intent of the rezoning is to allow the location of a children's consignment shop in the lower portion of the eastern half of the building. She stated that the Planning Commission recommended approval of the rezoning on a 3-2 vote with the condition that the petitioner obtain a cross parking easement for nine spaces for use in the Holly Shopping Center. She stated that staff had recommended denial based on the fact that the lot, as platted, does not meet the C-2 lot and structure requirements. Ms. Dacy stated that Council conducted a public hearing on August 26, 1991. She stated that she did not know the status of whether or not the petitioner has been able to obtain the cross parking easement with Holly Shopping Center. Councilman Fitzpatrick stated that the children's consignment shop is not a proper use in the R-3 zoning, and he did not think they should redraw the lines to accommodate a particular business. He stated that they would be degrading the property without adequate parking, and they would be encroaching into the residential neighborhood by bringing in a different zone. MOTION by Councilman Fitzpatrick to deny the ordinance for first reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 21. 1991• MOTION by Councilwoman Jorgenson to receive the minutes. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9 1991 PAGE 8 5. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF AUGUST 6 1991• A. VARIANCE RE4UEST, VAR #91-21 BY ANNA WICHERN TO ALLOW THE EXISTENCE OF A 3.97 SOUAR.E FOOT FREE-STANDING DAYCARE SIGN ON LOT 9 BLOCK 2 SANDHURST ADDITION THE SAME BEING 6880 EAST RIVER ROAD• Ms. Dacy stated that the property is located on the west side of East River Road, just south of the Lockeslea Girl Scout Camp. She stated that the variance is to locate a free-standing sign in the R-1, Single Family District and also for a four foot square sign. She stated that existing on the property is a single family home, and the owner of the property operates a daycare operation. She stated that the sign has been in place for about three and one-half years. She stated that the sign was brought to the City's attention via complaints�about signage along East River Road. Ms. Dacy stated that on August 6, 1991, the Appeals Commission recommended approval of the variance with one stipulation: (1.) The property owner shall submit a drainage and utility easement to the City in order to complete a sanitary sewer improvement to the facility when Anoka County completes the East River Road widening project. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant variance request, VAR #91-21, with the following stipulation: (1) The property owner shall submit a drainage and utility easement to the City in order to complete a sanitary sewer improvement to the facility when Anoka County completes the East River Road widening project. -� Councilwoman Jorgenson stated that the petitioner had requested her to talk to John Flora in order to get the sewer hooked up to this particular facility. She stated that the issue has been addressed at least three times in the last two years. She stated that she wanted to note for the record that the petitioner actually instigated getting the sewer hooked up. Mr. Herrick stated that he did not have a particular problem with the sign, but he did think that the comment made by staff that granting a variance for a sign in a residential district could set a precedent may have to be dealt with by Council in the future if and when other people make similar requests. He stated that it may be difficult to deny similar requests in the future. Councilman Fitzpatrick stated that Council has to deal with each request separately. Councilman Billings asked which hardship as outlined in Minnesota State Statues is applicable to this piece of property that gives council the authority to grant the variance. FRIDLEY CITY COIINCIL MEETING OF SEPTSMBER 9, 1991 PAGE 9 Councilwoman Jorgenson stated that she believed they could address the hardship as being the irregularity of the lot and the fact that the house is placed considerably back from East River Road. She stated that if the petitioner reduced the sign to 3 feet by 3 feet and put it on the house, the sign would be illegible to people driving by at 45 m.p.h. Councilman Billings asked if the siqn could be put on the garage. Councilwoman Jorgenson stated that the garage is set even further back than the house, and there are some very large trees on the boulevard that shelter a portion of the garage. Mayor Nee stated that he drives by this area a lot, and he has never even noticed the sign. He stated that if the sign has been there for three years it is not doing what it is supposed to be doing. Seconded by Councilman Schneider. Upon a voice vote, Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, and Councilman Fitzpatrick voting aye, Councilman Billings voting nay, Mayor Nee declared the motion carried on a 4 to 1 vote. 6. RECEI�IE ITEMS FROM THE APPEALS COMMISSION MEETING OF AUGUST 20, 1991• A. VARIANCE REQUEST, VAR #91-22, BY JENNIFER AND RONALD PRASEK, TO REDUCE THE REAR YARD SETBACK FROM 28 FEET TO 18 FEET, TO ALLOW THE CONSTRUCTION OF A THREE-SEASON PORCH ADDITION ON LOT 25. BIACK 2, HARRIS LAKE ESTATES. THE SAME BEING 1681 CAMELOT LANE N.E.: Ms. Dacy stated that the property is zoned R-1, Single Family Dwelling. She stated that the property is located at the end of the cul-de-sac on Camelot Lane just south of Harris Pond. She stated that the variance request is to reduce the rear yard setback from 28 feet to 18 feet to allow the construction of a three season porch. She stated that staff had recommended denial of the request; however, the Appeals Commission recommended approval with one stipulation: (1.) No construction shall occur within the 15 foot drainage and utility easement located parallel to the north lot line. Ms. Dacy stated that the hardship addressed by the Appeals Commission was that this is a unique situation in that the property abuts Harris Pond to the rear; therefore, it would not avercrowd the neighborhood. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant variance request, VAR #91-22, with the following stipulation: (1) No construction shall occur FRIDLEY CITY COUNCIL MEETZNG OF SEPTEMBER 9, 1991 PAGE 10 within the 15 foot drainage and utility easement located parallel to the north lot line. Councilman Billings asked what hardship in Minnesota State Statutes is applicable to this piece of property that gives Council the authority to grant the variance. Councilman Schneider stated that the hardship is stated in staff's report on agenda page 6.4: "While the subject lot is shorter than adjacent properties due to its location on a cul-de-sac, the design of the home is such that the living area is set back farther than the garage area." He stated that the lot is unique also in that it abuts Harris Pond. Councilman Billings stated that as he understands Minnesota State Statutes, the hardship has to be something that is a unique quality of the lot, not something that the property owner has willfully done in order to create a situation that is different from others. He stated that he would request an opinion from the City Attorney as to whether or not granting this variance would meet the intent of Minnesota State Statues. Mr. Herrick stated that Councilman Billings correctly paraphrased the statute. He stated that there has to be something unique about the property and that the property owner did not create the problem. He stated that that is the law. He stated that Council are the judges as to whether this situation meets that requirement of the law. He questioned if the situation as described in the agenda and illustrated on the map is a situation where there is a hardship created by the nature of the property and not by the property owner. -- Seconded by Councilman Fitzpatrick. Upon a voice vote, Mayor Nee, Councilman Schneider, Councilwoman Jorgenson, and Councilman Fitzpatrick voting aye, Chairman Billings voting nay, Mayor Nee declared the motion carried on a vote of 4 to 1. B. VARIANCE REOUEST, VAR #91-23 BY WARREN AND GERRY STOCK TO INCREASE THE MAXIMUM ALLOWABLE LOT COVERAGE FROM 25 PERCENT TO 26 PERCENT TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LO S 3 AND 4. BLOCK 11, SPRING BROOK PARK, THE SAME BEING 289 LIBERTY STREET N.E. Ms. Dacy stated that the original variance request was to increase the maximum allowable lot coverage from 25 percent to 28.3 percent. She stated that at the Appeals Commission meeting the petitioner presented a plan to construct a 12 feet by 20 feet addition to the existing house. She stated that the Appeals Commission recommended denial of that request on a 2 to 1 vote, and the petitioner then reduced his request to a 10 feet by 20 feet addition, reducing the lot coverage from 28.3 percent to 26 percent. FRIDLEY CITY COiJNCIL ME�TING OF SEPTEMBBR 9, 1991 PAGE 11 Ms. Dacy stated that the dimensions of the lot are 60 feet by 144 feet. She stated that there is a 12 foot unimproved alley behind the property. She stated that the petitioner wanted staff to point out that if the alley was vacated, it would add 6 feet of depth to his property for a 150 foot deep lot, which would bring the lot area to 9,000 square feet and would equal the 25 percent lot coverage. Councilman Fitzpatrick stated that it seemed to him that if it is an unimproved alley it remains only an easement, and an easement on a property doesn't subtract from the area. Mr. Herrick stated that in looking at the Springbrook plat, he believed this is an alley that was created as part of the plat. He stated it is correct that if the alley was vacated there would not be any requirement for a variance; however, until the alley is vacated there is a requirement for a variance. Councilman Fitzpatrick stated that the application is for a variance. He stated that he visited the site and, with the alley there, it gives the appearance of more space, but he did not get the feeling that the lot was overcrowded. He stated that this variance is for lot coverage and there are no setback problems. MOTION by Councilman Fitzpatrick to grant variance request, VAR #91-23. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. VARIANCE RE4UEST. VAR #91-24, BY PATRICK IiAYES OF HARDEE'S RESTAURANT, TO REDUCE THE HEIGHT OF THE REOUIRED SCREENING ADJACENT TO A RESIDENTIAL DISTRICT FROM 6 FEET TO 3 FEET, ON THE EAST 20 FEET OF IAT 7 LOTS 8 THROUGH 12 AND THE WEST 25 FEET OF LOT 13, BLOCK 7, CITY VIEW ADDITION, THE SAME BEING 289 - 57TH AVENUE N.E.: Ms. Dacy stated that this property is located in the northwest corner of 57th Avenue and University Avenue. She stated that the property is literally surrounded by four streets. She stated that to the east is University Avenue, to the south is 57th Avenue, to the west is 3rd Street, and to north is 57th Place. She stated that to the north of the property are two single family homes. She stated that the Hardee's Restaurant property is zoned C-2, General Business, with R-1, Single Family DweZling, to the north. Ms. Dacy stated that when the building was originally constructed and occupied as Country Kitchen in 1969 the screening fence along the north lot line was a point of controversy. She stated that in 1970 there was a request from the neighborhood that a 6 foot screening fence be constructed along the north property line. She stated that at the time of Council action, a 3 foot fence was constructed along the north property line. She stated that FRIDLEY CITY COIINCIL MEETING OF BEPTEMBER 9, 1991 PAGL 12 apparently it was the policy of the Council at that time not to require a fence in excess of 3 feet high on the street side of a commercial property. Ms. Dacy stated that in 1989 the wooden fence that was constructed and maintained through the years was removed by Hardee's. She stated that apparently, on several occasions the Community Development Department staff received telephone calls from Hardee's management requesting information as to whether or not a landscaping screen could be installed in place of the fence. She stated that it is her understanding that staff advised Hardee's to submit a landscaping plan, because there was a screening requirement between commercial property and single family property; however, a landscaping plan has never been submitted or approved prior to removal of the fence or the installation of the landscaping that is there now. Ms. Dacy stated that Hardee's management installed 25 two-and-a- half foot high arborvitae shrubs spaced approximately 4 feet on center just south of the existing 10, 20, and 30 foot tall elms along the north property line. 5he stated that the City's interpretation is that since the fence was removed the current ordinance stipulates a 6 foot planting screen or 6 foot fence between commercially zoned property and residentially zoned property. Ms. Dacy stated that staff recommended denial of the variance to the 6 foot screening requirement with one stipulation: (1.) Installation of a 6 foot high screening fence or vegetation of 4 feet in height and planted 2 feet on center shall be completed by November 1, 1991. -- � Ms. Dacy stated that the Appeals Commission concurred with stafF's recommendation but deleted the recommended stipulation. Ms. Dacy stated that Steven Barg, Code Enforcement Officer, has been closely involved with this variance request since the beginning of June, 1991. She stated that she would like him to briefly review the steps that led up to the variance application. Mr. Barg stated that he was contacted by a complainant on June 3, 1991, regarding the Hardee's site. He stated that the complainant indicated that the fence that had acted as a screening had been taken down, and the caller was requesting information as to what screening Hardee's is required to provide. Mr. Barg stated that he then inspected the site and found that all that remained were a few shrubs. He stated that he then sent a letter of noncompliance to Hardee's which received no response. He stated that after sending the second letter later in June requesting that Hardee's either construct a 6 foot fence or submit a landscaping plan to the City to meet the landscaping requirement, he was contacted by Patrick Hayes of Hardee's. He stated that he reviewed FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 13 with Mr. Hayes the landscaping requirements, and sent him a copy. He stated that he met with Mr. Hayes to discuss the requirements and after that time Hardee's installed the two-and-a-half feet high arborvitae plants. He stated that it is Mr. Hayes' and Hardee's contention that the requirement they need to meet is the 3 foot requirement which was acceptable to Council in 1970. Mr. Barg stated that according to Hardee's, the fence was removed because of a maintenance problem. He stated that it is staff's opinion that since there was no provision made, the fence was removed, and after a period of time, has gone by that Aardee's should be required to meet the current code. He stated that he did cite Hardee's, and they subsequently filed a variance application. Mr. David Harvet stated that his mother lives just to the north of Hardee's Restaurant and is most directly affected by this screening. He stated that the ongoing problem is traffic going through the yards. He stated that by ongoing, he means people coming from the Hardee's Restaurant and people coming from the bus line. He stated that since the screening fence was removed there have been things stolen and broken from the residential homes. He stated that there are problems with the clientele from the Cattle Company on Friday and Saturday nights. Mr. Harvet stated that regarding the fact that Hardee's wants to meet the same ordinance as required in 1969, at that time Country Kitchen never had a drive-through and Hardee's does. He stated that the drive-through draws people to the residential side of the property. He stated that with the planting of trees or shrubs for landscaping, the ordinance talks about planting 6 foot trees or 80 percent of the full growth. He stated that by planting trees that close together and that tall, he believed the roots might eventually obstruct the street and the sewer system. Mr. Bert Waller, District Manager for Hardee's Restaurant, stated that Patrick Hayes could not be at the meeting. He stated he can understand that the neighbors want some kind of screening between the restaurant and the single family homes. He stated that it is also desired by Hardee's. He questioned whether it is a problem with Hardee's or with the Cattle Company as iar as people going through the yards. He stated that Hardee's cannot be responsible for the actions of customers from other businesses. Mr. Waller stated that they have planted 25 shrubs 2 feet high. He asked what the measurement is for screening--at street grade or at Hardee's grade? He stated that the old fence was built on street grade and the shrubs do provide 4 foot screening from that level. MOTION by Councilman Fitzpatrick to concur with the action taken by the Appeals Commission and deny variance request VAR #91-24. FRIDLEY CITY COIINCIL MEETING OF_88PTEMBER 9. 1991 PAGE 14 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. D. VARIANCE REOUEST, VAR #91-25. BY THEODORE WILLIAM INVESTMENTS TO REDUCE THE RE4UIRED FRONT YARD SETBACK FROM 35 FEET TO 20 FEET: TO ALIAW A LOADING DOCK IN THE FRONT YARD: TO ALLOW THE CONSTRUCTION OF A LOADING DOCK PLATFORM ON LOTS 16 17 18 AND 19. BLOCK 2. ONAWAY ADDITION THE SA1� BEING 7879 BEECH STREET N.E.• Ms. Dacy stated that the property is located in the southeast corner of Beech Street and 79th Avenue. The property is zoned M-2, Heavy Industrial, as are all the surrounding properties. She stated that the building is the former site of Pappy's Foods. She stated that the building was permitted in the 1970's with overhead doors along the western side of the building. She stated that the parking 1ot is located to the north of the building, and there is an alley between the rear of the building and the lot to the east. Ms. Dacy stated that the proposal is to construct a loading dock area for the southernmost door of the building. She stated that essentially, the loading dock area will slope down into the ground to be approximately 18 inches below street grade. She stated that dock height will be 4 feet high from the bottom to the top. Ms. Dacy stated that at this time when trucks back into the building using the existing driveways, the cab of a semi-truck will block the northbound lane of Beech 5treet. She stated that the advantage to this dock design is that the trucks have to back up at an angle and, therefore, a majority of the truck is on the property, rather than blocking the northbound lane. � Ms. Dacy stated that in this case, staff believes the ordinance is imposing the hardship. She stated that in evaluating the variance request staff likened it to an unenclosed deck of�a single family home which is permitted into the front yard by a specified number of feet. She stated that there is really no structure per se that will be in the front yard. Ms. Dacy stated that the redesign of the loading area will enable reasonable use of the building and take advantage of an existing condition which was permitted by the City in 1972. She stated that for these reasons, staff recommended approval of the two variances: (1) to allow the loading dock in the front yard; and (2) to reduce the front yard setback from 35 feet to 20 feet, subj ect to the following stipulation: (1.) The proposed earth berm shall be a minimum of 2 feet high, and the petitioner shall plant Black Hills Spruce in place of the proposed Mint Julep Junipers in the south planting bed. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 15 Ms. Dacy stated that the Appeals Commission concurred with staff's recommendation that the intent of the screening area is to maintain the 6 feet screening requirement. Mayor Nee asked if the surface elevation of the lot was the same as the elevation of the floor of the building. Mr. Robert Lunde, one of the partners with Theodore William Investments, stated that the loading dock platform is the same level as the floor of the interior of the building. MOTION by Councilman Billings to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #91-25, by Theodore William Investments with the following stipulation: (i) The proposed earth berm shall be a minimum of 2 feet high, and the petitioner shall plant Black Hills Spruce in place of the proposed Mint Julep Junipers in the south planting bed. Councilman Billings stated that staff has adequately addressed the fact that they believe the ordinance is what is creating the hardship. He stated that the property owner did not create the hardship. Mayor Nee stated that the building is designed for trucks to back in. He stated that he is not opposed to the variance, but there are quite a few businesses that have dug out an area and backed the trucks up to the building. Councilman Billings stated that if an area was merely dug out and the trucks have to back in at a right angle, the trucks would be blocking quite a bit of Beech Street. He stated that this is a responsible property owner who is trying not to violate the laws of the City of Fridley. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. NUISANCE ABATEMENT AT 64TH AND ASHTON AVENUE: Mr. Barg stated this item is on the agenda for Council to consider a nuisance abatement at the northeast corner of 64th Avenue and Ashton Avenue, Lots 13-16, Block 13, Fridley Park. Mr. Barg stated that these four vacant lots have been owned by Anna Marie Huston for a long period of time. He stated that according to information he has gathered the lots were being mowed by the City on a yearly basis. He stated that it is unclear whether or not the ongoing maintenance at this site was the result of complaints. He stated that apparently, as time went on, and for whatever reason, these lots were not mowed for a period of years. He stated that as a result, a very large number of small trees have grown on the site. He stated that concerns have been expressed by FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAG$ 16 neighbors that they feel this site has become a nuisance for a variety of reasons. He stated that the neighbors believe the property is being used as a"hangout" for parties. He stated that the railroad is right there, and there is the concern of people getting off the railroad cars and partying and living on the site. He stated that they feel the trees have shielded activity that has created illegal dumping, noise, and a general hazard to the neighborhood. Mr. Barg stated that there are four basic points in considering this property for a public nuisance abatement: (1.) Removal of debris/brush on the site. There are areas of materials, papers, old chairs, an area that appears to be used for sleeping quarters, and piles of brush; (2.) A treehouse that was apparently constructed by some area children. The treehouse appears to be in a fairly substantial state of disrepair; (3.) Removal of trees and grass on the site. In July, he sent the property owner a weed notice. Upon failure to respond, the City did cut the boulevard. It is one of the contentions of the area residents that by just cutting the boulevard, they are not taking care of the site. Public Works Department has informed him that to do any more on the site would be extremely difficult because of the amount of trees on the site; (4.) Removal of small trees on the site. It is a heavily forested site. There are some large trees; however, there are also a large number of trees two inches or less in diameter covering this property. Mr. Barg stated that a number of neighbors contend that even if the City removed all the debris, cut the grass/weeds, and removed the treehouse, but left the small trees, the City would not have really addressed the problem or the public nuisance, be�ause the people who use these lots as a hangout, home, and dumping ground would continue to have screening from the right-of-way. Mr. Barg stated that some residents who a� abatement that includes removal of the small him. He stated that he received a letter frc Way that day who "did not believe that nature by cutting trees and clearing this corner." letter-writer stated that this was a nice nat harming anyone, and the small trees are not th that he received another telephone call from expressed opposition to total abatement. e in favor of full trees have contacted m a resident on 64th should be taken away He stated that the ure area, not really : problem. He stated a neighbor who also Mr. Barg stated that the question before Council is whether or not to declare this a public nuisance. He stated that in City Code 110 which defines a public nuisance, the only two conditions which could apply are: (1) Maintaining or permitting a condition which unreasonably annoys, injures, or endangers safety, health, and comfort of inembers of the public, and (2) Accumulating in the open a variety of materials... FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 17 Mr. Barg stated that he has been in contact with the property owner, Anna Marie Huston, who lives in Minneapolis. He stated that she is aware the property is causing the neighborhood some problems. He stated that she would like to correct the problem but does not know how to go about it. He stated that he had informed Ms. Huston that if she had not contacted him prior to the Council meeting with a timetable for completion of the work by her, he would recommend the Council authorize abatement. He stated that Ms. Huston told him that she would be unable to attend the Council meeting and that she would contact him before the meeting if she wanted to proceed on her own. He stated that he has not heard from Ms. Huston since that conversation. Mr. Barg stated that staff is recommending that Council authorize abatement of this public nuisance in accordance with City Code 110. He stated that it is up to Council to determine the extent of what is to be considered the nuisance at this time. MOTION by Councilwoman Jorgenson to receive a letter from a resident on 64th Way dated September 9, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Arnie Lundgren stated that he lives right across the street from the property and has lived there for forty years. He stated that he has watched the trees grow, listened to the pheasants and watched the deer. He stated that a couple of years ago there was a problem with youth on the property and that they built the treehouse. He stated that he is home 24 hours a day, and he watches the property. He stated that this year there has_not been a thing going on over there. He stated that he agreed the property needs some cleaning up to make it look good. He stated that he likes to look across the street at this property and feels like he is not in the City, but that he is out in the country up north. He stated that he is in favor of leaving the property as it is. Ms. Kara Nevin, 40 - 63 1/2 Way, stated that she is speaking on behalf of quite a few of the residents that are complaining about this property. She stated that for this entire summer they have been plagued by prowling, by a lot of vagrancy type issues, both because of the railroad and the fact that people can disappear into this overcrowded wooded property. She stated that she realizes the property is nice for animals, but it is also a nice area for vagrancy and crime. She stated that on numerous occasions, both during the day and the evening, she has seen cars coming out of the alley. She stated that the neighbors have even expressed a willingness to try go get something done on their own. She stated that in the last six weeks the police have been called to the area more than twenty different times due to prowling and other incidences. She stated that the neighbors are really requesting that the City try to alleviate some of the prowling and some of the criminal activity that is happening in this neighborhood. She FRIDLEY CITY COIINCIL MEETING OF 8EPTEMBER 9, 1991 PAGE 18 stated that the problem has greatly increased from last summer to this summer. She stated that elderly people in the neighborhood are very scared. Councilman Fitzpatrick stated that as a matter of usual practice, these kinds of problems usually begin with a petition, which gives the Council an idea of the support or lack of support from the neighborhood. Mayor Nee stated he agreed, but he has walked through the property, and he knows what Ms. Nevin is talking about. He stated that he received a number of phone calls about the property this summer. He asked Mr. Barg if there are any police reports on calls to this property. Mr. Barg stated that he is not aware of any police reports. Mayor Nee stated that there are some very fine trees on the property, but there are also a lot of weed trees that obscure the vision and air through the property. He stated that he would not want to completely clean out the trees. Councilwoman Jorgenson stated that she would like to know what the cost would be to the property owner for abatement of the property and what steps are going to be taken to assure them that the same thing will not have to be done again on this property. She stated that there are also a number of other properties in the City that are in the same condition. She stated that if a property is not mowed or maintained, nature claims its own. She stated that she did not necessarily think that removing all the small trees wold take care of the problem. She stated that granted, they do not want people dumping garbage and building unsafe treehouses, but there is a place for nature within the community as well. Mr. Jerry Unglaub, 6425 Ashton Avenue, stated that he lives right next door to the property. He stated that he has lived there for nine years, and during that time, he has seen only two vagrants. He stated that a couple of years ago some kids built the treehouse and were using it for runways but that is not happening anymore. He stated that as far as the trees, it is nice having trees next door. He stated that this year he had two deer feeding in his back yard, and there are pheasants. He stated that if the City wanted to clean about 50 feet back from the street, that would be alright. He stated that as Mr. Barg stated, there is a lot of junk and debris on the property. He stated that he has been trimming along the alley, that periodically he cleans and picks up debris and cans, and the partying is not as bad as it used to be. He stated that he likes the trees because they provide a nice buffer between him and the railroad property, and they help keep the noise 1eve1 down. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9. 1991 PAGE 19 Councilman Fitzpatrick stated that since he became aware of this area, which has not been long, he has heard statements almost exclusively to leave the property alone. He stated that this property is within his ward, and he was not in favor of making any motion without a greater demonstration of the neighborhood's wish for it. He state that it usually comes in the form of a petition. Councilwoman Jorgenson asked if they can table this item until the next meeting and ask for a police report. MOTION by Councilman Fitzpatrick to table further discussion on the nuisance abatement at 64th and Ashton Avenue in order to obtain a copy of any police reports for this area. Councilman Billings stated that if Council authorizes a nuisance abatement to just pick up the debris and take down the treehouse but not cut down any trees, would this work be done by the Public Works Department, or would the work be contracted out? Mr. Flora stated that work would probably be done by the Public Works Department. He stated that if the nuisance abatement involves a more major effort, he would suggest they contract the work so the Public Works Department can continue its regular activities. Councilman Billings stated he would like to request that in addition to the police report, the Public Works Department submit a report on what work they would be willing to do and the approximate cost and, if not, to secure an estimate for contracting the work out. He stated that he would just like a more experienced opinion so that Council has a better idea of what work and costs they are dealing with. Mayor Nee agreed. He stated that no further motion is necessary. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. REQUEST FOR WAIVER OF TEMPORARY SIGN PERMIT FEE AND DEPOSIT FOR THE KNIGHTS OF COLUMBUS HALL: MOTION by Councilwoman Jorgenson to waive the temporary sign permit fee and deposit for the Knights of Columbus Hall. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVE BIDS AND AWARD CONTRACT FOR SPRINGBROOK NATURE CENTER LANDSCAPING PROJECT: MOTION by Councilwoman Jorgenson to receive the bids for the Springbrook Nature Center landscaping project. Seconded by FRIDLEY CITY COONCIL MEETING OF SEPTEMBER 9, 1991 PAG� 20 Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Kirk stated that the bids were opened on August 29, 1991 for the landscaping and entrance area project. He stated that they received two bids. He stated that the low bidder for the project was Dundee Nursery with a base bid of $21,549.32. He stated that this project includes completion of the previously scheduled irrigation system, landscaping around the new parking lot and entrance area, and new trees as the final part of the tornado restoration. He stated staff recommends that Council accept all bids on the project and award the bid to Dundee Nursery. MOTION by Councilman Fitzpatrick to accept the bid and award the bid to Dundee Nursery for $21,549.32 for the Springbrook Nature Center landscaping project. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. MOTION TO APPOINT GORDON SANGSTER TO THE FRIDLEY SENIOR CITIZENS' CENTER TASK FORCE: MOTION by Councilman Fitzpatrick to appoint Gordon Sangster to the Fridley Senior Citizens' Center Task Force. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 70-1991 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND GRANT MANAGEMENT FUND HRA REIMBURSEMENT FUND, CAPITAL IMPROVEMENT FUND AND THE MUNICIPAL CENTER REMODELING FUND FOR THE YEAR 1990: - - MOTION by Councilman Schneider to adopt Resolution No. 70-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 71-1991 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAR 1991• MOTION by Councilman Schneider to adopt Resolution No. 71-1991. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 72-1991 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. STREET 1990-3: MOTION by Councilman Billings to adopt Resolution No. 72-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9. 1991 PAG$_21 14. RESOLUTION NO. 73-1991 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR THE STREET IMPROVEMENT PROJECT NO. STREET 1990-3: MOTION by Councilwoman Jorgenson to adopt Resolution No. 73-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESnT�TTTnN N� 74-1991 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR WATER, SANITARY SEWER & STORM SEWER PROJECT NO. 210: MOTION by Councilman Fitzpatrick to adopt Resolution No. 74-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO 75-1991 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR WATER. SANITARY SEWER. AND STORM WATER PROJECT NO. 210: MOTION by Councilman Schneider to adopt Resolution No. 75-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RESOLUTION NO. 76-1991 DIRECTING PREPARATION OF THE ASSESSMENT ROLL FOR TREATMENT AND REMOVAL OF TREES 1991: MOTION by Councilwoman Jorgenson to adopt Resolution No. 76-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO. 77-1991 DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE TREATMENT AND REMOVAL OF TREES 1991• MOTION by Councilman Schneider to adopt Resolution No. 76-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. MOTION TO APPROVE LETTER TO RICE CREEK WATERSHED DISTRICT MANAGERS• Mr. Flora stated that the City received a preliminary plan from the Rice Creek Watershed District regarding the concept of "dredging the dam" and removing the sedimentation from Locke Lake and also constructing a sedimentation basin upstream of Locke Lake. He stated that the Locke Lake Advisory Committee also held a meeting with the respective parties on September 4, 1991, regarding the report. He state that as a result of the comments and meeting notes, there were three major items to be dealt with which were presented to the Rice Creek Watershed District Managers on Wednesday, September 11, 1991. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9. 1991 PAGE 22 Mr. Flora stated that the first was the question about the quality of the sedimentation in the Locke Lake basin. He stated that in the study it was determined that there could be some heavy metals and contamination in the sedimentation; and, therefore, they could - be experiencing some exceptional costs in the dredging operation of the lake. He stated he would propose that in order to lay that issue to rest the City will take some soil borings of the sedimentation to determine the quality of the sedimentation. He stated that there is money available in the Storm Water Contingency, and he believed $5,000 would satisfy that issue. Mr. Flora stated that the study only gave the City one option for the dam, a concrete "U" type dam structure. He stated that the question was asked, is there another dam that could be constructed at lesser a cost. He stated that he would ask the RCWD Managers to ask their consultant for another alternative. Mr. Flora stated that the study focuses on the Chapter 112 concept of funding the project. He stated staff felt that the new legislation allows them establishment of special districts, allows Ad Valorem taxes, and aiso allows the ability to collect money over a period of years to pay for a project. He stated that we urge the Managers to incorporate that concept into the total project development. Mr. Flora stated that he has prepared a letter to the RCWD Managers; and, with Council approval, he will present it to the Managers at their September il meeting. Mr. Flora stated that the whole project will cost approximately $3 million--approximately $800,D00 for the dam, approximataly $1.7 million for the sedimentation removal, and approximately $500,000 for the detention basin. Councilwoman Jorgenson stated that the dam is becoming more and more of a hazard. She stated that the recent heavy rains compounded the problem more. She asked if the City had any plans at this time to remove any of the concrete or to try to stabilize the shoreline. Mr. Flora stated that they are attempting to keep the main channel open. He stated that when the dam was constructed, essentially there were two concrete tubes. They have been attempting to keep those tubes open so the water can continue to flow through them and not undermine and destroy the adjoining properties. He stated that a tree fell down and blocked some of the flow, but they have removed that. Mr. Flora stated that as far as the properties in and around the lake, some of them are experiencing additional erosion because of the wet summer. He stated that the City has not done anything FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 1991 PAGE 23 about that, because a lot of that will be predicated upon the final design of the lake. Ms. Mary Vasecka, 6909 Hickory Drive, stated that the Homeowners' Association strongly supports the action that John Flora, Public Works Director; William Burns, City Manager; the City Council; and City staff ineaibers have taken; and they hope the City will continue to do so on behalf of the Locke Lake homeowners and City of Fridley residents. She stated that they also suggest from experience in the past that legal counsel also attend the Rice Creek Watershed District Managers' meeting with John Flora. Ms. Vasecka stated that as far as the present condition of the lake, about a month ago she had asked the question about weed control, especially Purple Loose Strife. She asked if the Public Works Department decided what they will do with that. Mr. Flora stated that they dealt with Purple Loose Strife on the southeast portion of the lake. He stated that they do not have the capability to deal with the material growing in the basin. He stated that, hopefully, during the dredging process the weeds can be taken care of. Ms. Vasecka stated that because the City owns a majority of that basin property, aren't there some requirements that need to be addressed because this is a contaminant weed? She stated that they cannot wait another two years to take care of the problem. Ms. Vasecka stated that because they really do not know how long this project is going to take, she would hate to see the overgrowth become a real problem. She asked if they do not keep the weeds and undergrowth under control now, will that add to the cost of the dredging in two years? Ms. Vasecka stated that the homeowners are more than willing to do whatever they can, with equipment and guidance provided, to help the City maintain that as a clean area for the City. Mr. Flora stated that he believed they could handle the growth during the project. He stated that they will probably go in with some bulldozers and scrapers to pick up a large amount of dirt at one time, and they are looking at a winter operation when the ground is frozen. Ms. Vasecka stated that the homeowners are very concerned about the timeliness of the project and equally concerned about the property damage that is presently occurring. She stated that almost all the new embankment that Mr. Silverstein installed is already gone. She stated that she envisioned soon that some of the park might be affected. She asked if the Parks Department looked into this. She stated that everyone is anticipating that this will be a two-year project, but because of the erosion and the FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9. 1991 PAGE 24 channeling there is already some significant damage after only one year. She also stated what the health threats are from the storm drains where the stagnant water sits. She stated that she did not know if the City has looked into any interim-type solution to what ::- is occurring. She stated that she did not know from a legal aspect who is responsible for the damage that is occurring. Ms. Vasecka stated that she had submitted a letter to Council. She stated that Council may want to wait and address the questions in that letter at the September 30 meeting. Ms. Vasecka asked if the City has considered bringing in the Army Corps of Engineers as a consultant on the project. Mr. Flora stated that, yes, JNIlK has been working directly with the Corps of Engineers, they have been involved in the last two meetings, and they have reviewed the preliminary design. He stated that the DNR dam inspector has also been involved in reviewing the plans. MOTION by Councilman Fitzpatrick to receive the letter from the Homeowners' Association and that the questions in the letter be addressed at the September 30, 1991, City Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Jim Antell, 6501 Hickory Drive, stated that he wanted to reiterate what Ms. Vasecka said, and that is that the homeowners thank Council for all the help they have given them to get the dam back. MOTION by Councilwoman Jorgenson to approve the appropriation of $5, 000 from the Storm Water Contingency to hire a consultant to conduct soil borings at Locke Lake. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to concur with the letter proposed by John Flora to be submitted to the Rice Creek Watershed District Managers on September il, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson asked when they can expect to see the results of the soil investigation. Mr. Flora stated that he hoped to have that information in three to four weeks. Councilman Billings asked that other than natural growth, is there other debris in the middle of the lake? If so, is the City going to clean that up? FRIDL$Y CITY COIINCIL MEETING OF SEPTEMBER 9 1991 PAGE 25 Mr. Flora stated that there is some debris being exposed as the water erodes the sediment, and some debris is being washed in as high waters continue. He stated that the City has not taken any __ action as far as going out into the lake delta to pick anything up. He stated that the debris includes tires, metal, frames, etc. Mayor Nee stated that he believed Ms. Vasecka had asked if the City would sponsor a pickup day if the homeowners cleaned up the debris. Mr. Flora stated that was discussed several months ago, and if the debris was brought to the park area, the City would pick it up. Ms. Vasecka suggested that the homeowners could give the City access next to them for a dumpster for the debris. Mayor Nee asked Ms. Vasecka to put together a plan, and they can discuss it at the next meeting. 20. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 21. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claim Nos. 39226 through 39441. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. LICENSES: MOTION by Councilwoman Jorgenson 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 voting aye, Mayor Nee declared the motion carried unanimously. 23. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted: Allied Blacktop 10503 - 89th Avenue North Maple Grove, MN 55369 Street Improvement Project No. ST. 1991-10 (Sealcoat) FINAL ESTIMATE . . . . . . . . . . . . . . . . . $10, 691. 63 FRIDLEY CITY COIINCIL MEETING OF BEPTEMBER 9. 1991 PAGE 26 W. B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. 6 . . . . . . . . . . . . . . . . . $24, 847. 72 Pitt-Des Moines, Inc. 1015 Tuttle Street Des Moines, IA 50309 Construction of the 1.5 MG Elevated Water Reservoir Project No. 201 Partial Estimate . . . . . . . . . . . . . . . $85,226.64 Rainbow,Inc. 7324 - 36th Avenue North Minneapolis, MN 55426 .5 MG Water Tank Painting/Altitude Valve and Vault Installation Project No. 212 Partial Estimate . . . . . . . . . . . . . . . . $35,387.50 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 9, 1991, adjourned at 9:50 p.m. Respectfully submitted, Lynne Saba William J. Nee Acting Secretary to the Council Mayor r � � � DATE: TO: FROM: Community Development Department P G DIVISION City of Fri.dley September 26, 1991 William Burns, City Manager O:__ Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Second Reading of Rezoning Request, Company, Generally Road N.E. an Ordinance Approving a ZOA #90-01, by Murphy Oil Located at 6443 East River Attached please find an ordinance rezoning Lot 33, Revised Auditor's Subdivision No. 23, from R-1, Single Family Dwelling to C-1, Local Business, the same being 6443 East River Road N.E. The City Council approved the first reading of the attached ordinance at their ApriZ 23, 2990 meeting. Staff delayed the second reading of the ordinance to ensure that the project would be completed and that the petitioner would petition for the improvements required to meet stipulations by Anoka County. Construction has begun and the petitioner has met all the stipulations placed on the special use permit and rezoning requests. Staff recommends that the City Council hold the second reading and order publication of the ordinance. MM/dn M-91-599 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. SECTION 2. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to stipulations adopted at the City Council meeting of , 1991. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 33, Revised Auditor's Subdivision No. 23, Anoka County, Minnesota, except that part described as follows: Commencing at the Northeast corner of said Lot 33; thence West along the North line of said Lot 33, 125.43 feet, more or less, to the East line of the East River Road, as the same is now laid out and constru�ted; thence Southeasterly along the Northeasterly line of said East River Road 55 feet; thence Northeasterly a distance of 114.4 feet, more or less, to a point on the East line of said Lot 33, said point being distant South 22.1 feet from the Northeast corner thereof; thence Northwesterly along the Northeasterly line of said Lot 33, 22.1 feet to the point of beginning together with that portion of the Northeasterly one-half of the East River Road included within the extension of the Northerly and Southerly lines of this description, according to the recorded plat thereof and situated in Anoka County, Minnesota, and subject to an easement for road purposes as described in Document Number 332565, generally located at 6443 East River Road N.E. (Spur Station). Is hereby designated to be in the Zoned District C- 1 (Local Business). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1 (Single Family Dwelling) to C-1 (Local Business). 1A � Ordinance No. Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: April 9, 1990 First Reading: April 23, 1990 Second Reading: Publication: �-, WILLIAM J. NEE - MAYOR � MURPHY OIL USA, INC. September 18, 1991 Mr. John G. Flora Director of Public Works City of Fridley 6431 University Ave., N.E. Fridley, MN. 55432 Dear Mr. Flora: SUITE 304 4800 W. 77TH STREET MINNEAPOLIS. MINNESOTA 55435 �� f �' � �, '� �' ;''� Murphy Oil, being the owner of the property at 6485 East River Road, Fridley, ( PIN's 15-30-24-42-0001, 15-30-24-42-0028 ), request that the City of Fridley construct certain storm sewer improvements to extend the existing storm sewer s,ystem in East River Road approximately 200, feet north. Murphy Oil further agrees to waive their right to a public hearing and agrees to pay the assessments for the projec�. Sincerely, MURPHY OILi tJSA, ,YNC. Gary /�. Andelin Construction Supervisor GIiA/mts LL� r FRIDL$Y CITY COIINCIL MEETING OF APRZL 23, 1990 PAGE il stated he does not have a resume submitted, but wants to become more involved in City activities. �� � MOTION by Councilman Fitzpatrick to nominate Clifford�.?ohnson, Jr. , 5156 Hughes Avenue, for appointment to the Appea�s�Commission. There being no further nominations, May ' Nee declared the nominations closed. -� MOTION by Councilman Schneider,��to cast a unanimous ballot for the appointment of Clifford J ia�rfson, Jr. , 5156 Hughes Avenue, to the Appeals Commission for e term expiring April 1, 1991. Seconded by Councilwoman Jo nson. Upon a voice vote, all voting aye, Mayor Nee decla the motion carried unanimously. MOTION b Councilman Schneider to table the balance of the appoin nts. Seconded by Councilwoman Jorgenson. Upon a voice vota all voting aye, Mayor Nee declared the motion carried -� NEW BUSINESS• 4. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A�CHANGE IN ZONING DISTRICTS• Ms. Dacy, Planning Coordinator, stated this rezoning is for property in the southeast corner of Mississippi Street and East River Road. She stated the proposal is to rezone from R-1 to C-1 in order to remove the existing Spur Station and reconstruct a new building. She stated the house and garage on the parcel would be removed to allow the new construction. Ms. Dacy stated the Planning Commission has recommended approval of the rezoning subject to two stipulations: (1) approval of the special use permit and variance requests; and (2) the parcels shall be combined into one tax parcel. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading, with the following stipulations: (1) subject to approval of the special use permit and variance requests; and (2) the parcels shall be combined into one tax parcel. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1D FRIDL$Y CITY COIINCIL KEETING OF �PRIL 23, 1990 PAGE 12 5. Ms. Dacy, Planning Coo nator, stated the petitioner has met the criteria for a ha ip and the Appeals Commission has recommended approval of t e variance requests. MOTION b uncilman Fitzpatrick to qrant the variances requested under #90-02. Seconded by Councilman Schneider. Upon a voice vo , all voting aye, Mayor Nee declared the motion carried animously. 6. 6PECIAL USE PERMIT SP #90-01. TO ALLOW A MOTOR VEHICLE FUEL AND OIL DISPENSING SERVICE AS AN ACCESSORY USE TO A CONVENIENCE STORE. GENERALLY LOCATED_AT 6443 AND 6485 EAST RIVER ROAD N E. (SPUR STATION), BY MURPHY OIL COMPANY: MOTION by Councilman Fitzpatrick to grant Special Use Permit, SP #90-01 with the following stipulations: (1) Reconstruct the existing sidewalk to a minimum width of five feet from the south property lines around the site to the northeast corner, (2) Drainage calculations shall be submitted �o the Engineering Department prior to issuance of a building permit, (3) The driveway issue shal,l be resolved with Anoka County prior to issuance of a building permit, and (4) Approval of the various request. Seconded by Councilwoman Jorgenson. Upon a voice vote, al� voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION�MEETING OF APRIL 11, 1990•_ / A. Ms. Dacy, Planning Coordinator, stated t�-Ys is a request by Holiday Plus to relocate the garden storage axea from the northeast corner to the southeast corner of their bu1'lding. She stated access would only be from the inside of th�tore. Ms. Dacy stated the Planz�-i�ig Commission recommended approval of the request subject to seG�en stipulations. She stated in regard to Stipulation No./4�for the development of a long-range site improvement pl-am for the rear of the building, a letter was received fr-o"m the petitioner objecting to this stipulation. She stated/Mr Dave Hoeschen from Holiday Companies is here this eveni�q to address this issue. 1E Councilman Schneider sed Ms. Porter he would be interested in hearing from he d gave her his calling card. 1. PUBLIC HEARING ON REZONING REUUEST, ZOA #90-01, TO REZONE FROM R-1. SINGLE FAMILY DWELLING. TO C-1, LOCAL BUSINESS. GENERALLY LOCATED AT 6443 EAST RIVER ROAD N.E., (SPUR STATION), BY MURPHY OIL COMPANY• MOTION by Councilman Fitzpatrick to waive- the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:54 p.m. Ms. Dacy, Planning Coordinator, stated this parcel is located at Mississippi Street and East River Road. She stated the site is currently zoned R-1 and is adjacent to the south of the existing Spur Station. She stated the proposal is to rezone this parcel to C-1 and demolish the existing structures on the property and construct a new convenience store/gas station. Ms. Dacy stated the advantage of rezoning the existing single family lot is to provide a greater area for adequate screening and a buffer from neighboring residential uses. Ms. Dacy stated the petitioner is also requesting a special use permit and variance in conjunction with the rezoning of this parcel. She stated the public hearing this evening only addresses the rezoning issue. Ms. Dacy stated a neighboring property owner voiced concern about retaining the sidewalk along this intersection. She stated one of the stipulations of the special use permit is that.a five foot concrete sidewalk must be maintained. She stated the entrances will also be moved to the south, as far as possible from the intersection, and understands the County has approved tiiis plan. Ms. Dacy stated there would be a six foot fence along the east and south boundaries constructed on the inside of the existing vegetation. She stated the petitioner is submitting a new landscaping plan. Ms. Dacy stated the Planning Commission has recommended approval of the rezoning with the following two stipulations: (1) approval of the special use permit and variance requests; and (2) the parcels shall be combined into one tax parcel. Ms. Dacy stated the ordinance for this rezoning, as well as the special use permit and variance requests, will be presented to the Council at the same meeting, April 23, 1990. 1F FRIDLEY CITY COIINCIL M8$TING OF APRIL 9, 1990 PAGE 4 No persons in the audience spoke regarding this proposed rezoning. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7r58 p.m. OLD BUSINESS: 2. OF THE FRIDLEY CITY CHARTER: MoTION by Councilman Schneider to waive the read'ing and adopt Ordinance No. 946 on the second reading and orfier publication. Seconded by Councilman Fitzpatrick. Upon a voic vote, all voting aye, Mayor Nee declared the motion carried una imously. 3. RECEIVE BIDS AND AW.ARD CONTRACT FOR P CHASE OF TWO 2 PARK DIESEL TRACTORS AND BROOMS: MoTION by Councilman Fitzpatrick to rec ve the following bids for the two park diesel tractors and broo�s: Isanti County Equipment Scharber & Sons, Inc. Seconded by aye, Mayor $39,863.50 ( Opti Opti e Bid) I - $7,870.00 II - $1,892.00 III - $4,462.00 TOTAL �$ID - $45,163.50 $4�f, 700. 00 (Base Bid) Option I - $10,824.00 Option II - $ 3,800.00 Option III - $ 9,400.00 TOTAL BID - $45,924.00 (Brooms & Hdw.) (2 Wing Plows) (Trade-in) (Brooms & Hdw.) (2 Wing Plows) (Trade-in) ncilwoman Jorgenson. Upon a voice vote, all voting declared the motion carried unanimously. Mr. Flora, Public Works Director, stated two bids were received for the park diesel tractors and brooms. He stated Isanti Equipment had the low base bid for the tractors, accessory equipment, and trade-' totaling $45,163.50. He stated Scharber & Sons Inc.'s bid i the tractors, optional accessory equipment, and trade-in tota d $45,924.00. Mr,� Flora stated $44,000 was budgeted for the two tractors, therefor, both bids including all options are in excess of the 1G ' s � . DATE: TO: FROM: Community Development Department P G D�SION City of Fridley September 25, 1991 William Burns, City Manager �'•� Barbara Dacy, Community Development Director SUBJECT: Second and Final Reading of an Interim Ordinance Declaring a Moratorium on Issuance of Special Use Permits for Rock Crushing Activ.ities and Exterior Storage of Materials and Equipment in the M-1, Light Industrial, and M-2, Heavy Industrial, Districts The attached ordinance is presented for second and final reading. The City Council approved first reading of the ordinance on September 13, 1991. The proposed ordinance establishes a moratorium on issuance of special use permits for rock crushing activities and exterior storage of materials and equipment, in order for a zoning ordinance amendment to be prepared to create an M-3 zoning district which would regulate such uses. The Community Development Department has developed a process to prepare the ordinance amendment. We will conduct an inventory of existing uses, review other communities ordinances, and prepare a draft of the ordinance in the next 30 days. We will attempt to conduct a public hearing at the November 13, 1991 Planning Commission meeting. The City Council would then conduct a public hearing on this issue the first meeting in January, 1992. If there are any changes to this proposed schedule, we will advise the City Council. The City Attorney has advised required by a 4/5 vote, since suspend the regulations of the BD/dn M-91-711 me that passage of the ordinance is the intent of the ordinance is to zoning ordinance. ORDINANCE NO. AN INTERIM ORDINANCE PLACING A MORATORIUM ON THE ISSUANCE OF SPECIAL USE PERMITS FOR EXTERIOR STORAGE OF MATERIALS AND EQUIPMENT AND ROCK CRUSHING ACTIVITIES IN THE M-1, LIGHT INDUSTRIAL AND M-2, HEAVY INDUSTRIAL ZONING DISTRICTS, AND PROHIBITING THEIR LOCATION WITHIN THE CITY WHILE THE MORATORIUM IS IN EFFECT The City Council of the City of Fridley does hereby ordain as follows: SECTION 1 PURPOSE AND INTENT The City finds that an interim ordinance placing a moratorium on the location and establishment of uses needing outdoor storage of materials and equipment and/or rock crushing activities is necessary to protect the health, safety, morals, and general welfare of the citizens of the community; and The City Council finds that an interim ordinance placinq a moratorium on the location of uses needing outdoor storage of materials and equipment and/or rack crushing activities is necessary in order to permit the planning process to take place and to allow the City staff, Planning Commission, and City Council to proceed in an orderly fashion to adopt a permanent ordinance to create a new zoning district for these uses. SECTION 2 AUTHORITY This ordinance is adopted pursuant to City in Minnesota Statutes Annotate "Interim Ordinance". SECTION 3 DEFINITIONS that authority granted to the d 462.355, Subd. 4, entitled The City Council hereby directs the City staff to study and prepare an ordinance creating a new zoning district for these uses, and to schedule a public hearing before the Planning Commission within sixty (60) days of the effective date of this interim ordinance. The City staff is further directed to report the results of their studies and recommendations along with the recommendations of the Planning Commission as soon as the Planning Commission has completed their hearings and recommendations. SECTION 4 VIOLATION The City may enforce any provision of this ordinance by mandamus injunction or other appropriate civil remedy in any court of competent jurisdiction. 2A Ordinance No. Page 2 SECTION 5 SEVERABILITY Every section, provision, or part of this ordinance is declared severable from every other section, provision, or part thereof to the extent that if any section, provision, or part of this ordinance shall be held invalid by a court of competent jurisdiction, it shall not invalidate any other section, provision, or part thereof. This ordinance shall become effective fifteen (15) days after publication and shall be in effect for a period of one hundred and eighty (180) days from the date hereof. PASSED AND ADOPTED BY THE GITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR First Reading: September 13, 1991 Second Reading: Publication: : � � _ � DATE: TO: FROM: SUBJECT: Community Development Department P G DIVISION City of Fridley September 26, 1991 William Burns, City -Manager �' � Barbara Dacy, Community Development Director Steven Barg, Planning Assistant Nuisance Abatement at 64th and Ashton Avenues At its September 9, 1991 meeting, the City Council considered possible abatement of a public nuisance at the above-referenced location. The City Council tabled the item and instructed staff to perform further. research concerning past police activity at this site and cost estimates for the abatement under two different scenarios. Staff has looked into these issues and provides the following report: l. 2. Police Activitv Attached to this memo is a print-out copy showing police calls possibly associated with this property since January 1, 1990. A close look at the entries reveals that not all of these may relate directly to the vacant lot, although they were "flagged" by the computer. It is somewhat difficult to accurately trace the complaints which may be attributable to vacant land. Abatement Costs During City Council consideration of this item, discussion focused on two scenarios. One of these included complete abatement (debris, tree house, small trees, i.e. underbrush, and associated weeds), while the other alternative called for partial abatement only (debris and tree house). Attached is a memo from Ralph Volkman, Superintendent of Public Works, regard�ng the City's cost in cleaning this property under each of the two scenarios. At the end of his memo, Mr. Volkman indicates that he has obtained a verbal quote from a private contractor for fully cleaning the site. In addition, I contacted two private contractors and they plan to submit estimates prior to the September 30, 1991 meeting. Given the amount of time and personnel involved with this 3 Nuisance Abatement; 64th and Ashton Avenues September 26, 1991 Page 2 abatement, a private contractor should be hired to perform the work and the City would add administration costs to the assessment. Since the September 9, 1991 meeting, I have written to the property owner (copy attached) updating her on the status of this matter and advising her to contact me if she wished to discuss it further. I spoke with her on September 25, 1991, and she indicated that she wanted to resolve the problem but had taken no further steps toward that end. On September 17, 1991, I sent letters to four area builders regarding the market for construction on this site and the value of homes which they believed it could support. Only one response was received, and that individual stated that he would not be interested in developing this property due in part to the market value of homes that could be supported. On September 18, 1991, I sent letters to residents living along Ashton Avenue, 64th Way and 63 1/2 Way adjacent to this vacant property, advising them of the September 30, 1991 meeting. Since that time, I have received six phone calls expressing views on this issue. Five of these callers indicated that the City should fully clean the site (including removal of small trees) while the other caller stated that only debris and the tree house should be removed. I also received suggestions for improving the situation in addition to or in lieu of abatement, which included extra street lighting, additional police patrol activity, and eliminating the access on the property's east side. Recommendation Staff recommends that the City authorize abatement of those conditions deemed to constitute a public nuisance at its 5eptember 30, 1991 meeting. �n addition, staff recommends that the City hire a private contractor to perform any required work. 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Tl�:(�:! . i•=� T f~f�, i-:i��:c•j�� ';7 t, t7n.���!.i>7 t T 1. �� r TIl1'�:=: ,!":: i4J 7:=; .(f=. 1(�J ;? �. %f�1�,�'°> 1. F", !": CY�'��t?'=! { i!"2:� . l F'f�F{" T f': r1�= T� 7 f.. /'=:!.1�;y1c �� r.� � c� �. �=: �-; �r �=; -r� �� r�; � .����-:;.��3� r i E� �=:i �M�!�4 �, =��-:4:�:- h� I_t"�i::!1Tr��!!�: i�i�,:-..���"x-� /1.=;� ITi �h! s-�c�r-,:=:�:1c-3 r:;=.�-r,-�r� rnrr-: raE-, �=.�-�-� n�,-� r,�rzr�� 3F ���:�-�r.t��- �: hd, ,� � 1�,��:.: � :-. ..—�r���-F� i • r�F^:�rr N���a� �r�M� c-.r-�-� •-,c:-- -t-i�r,�" �� "L":C� i ::°� „ CI 7 F'�`�:;F. c">':' �-. _, �-t r� 7-r � t • r i �...,,_ � ii.r�_�� i.�:-. r'�'r I� •' _ .. _ CC . DATE FROM SUBJECT PUBLIC W OR�S MAIl�ITENANCE September 20, 1991 Ralph Volkman, Superintendent Cleaning Lot on 64th and Ashton IOIiEMORAtVDi110A TO John Flora, Director X As per Steve Barg's mem4 regiest, following are estimates for cleaning the lot on 64th and Ashton. �e oost is broken dvwn into the tw�o differnnt scenarios. First, to remave the tree hause in a safe manner, an ar�a will have to be cleared arxl leveled to allaw equipment to be n�oved in to protect p�xsonnel fran injury. To a�q�lish this task, a 4 man street patrhing crew will be used, and it will 'take an estimated 1-1/2 days. Iabor: 4 men - 12 hr5. @$19.11/hr. Equiptnent Cost: � 1 loadex - 12 hrs. @$35/hr. 1 aerial truck - 4 hrs. @$35/hr. 1 tande�l truck - 8 hrs. @$30/hr. 2 tandem loads of n�bbish for disposal @$60/load 'POTAL $ 9I7.28 420.00 140.00 240.00 120.00 $1,837.28 Secondly, to remove small trees (2 inches ar�d�less) arxl cut the tall weed.s, it will take 2 days. A 6-man Park Department crew will be used to ac�lish this task. The follawirig is an estimated cost, Labor: 6 men - 16 hrs. @$19.11/hr. Equit�nent Oost: 1 bn]sh Chipper - 16 hrs. @$35/hr. 2 chain saws - 2 days @$40/day 2 brus�l cutters - 2 days @$20/d�ay 'I�OTAL • Cei:i��l� lil-�%1��� $1,834.56 560.00 80.00 40.00 $2,514.56 . ;. u I have contacted W.B. Miller Iric. arid obtained a verb�al quote of $3,750.00 to clean up this lot. Please advise. 3H ON� INFO PJ �r . . � r � � J �--��- _. Community Development Department G DIVISION City of Fridley DATE: September 13, 1991 To: �hn Flora, Public Works Director FROM: SIIBJECT: Steven Barg, Planning Assistant Vacant Property at 64th Avenue/Ashton Avenue N.E. As you are aware, the City Council tabled consideration of the public nuisance abatement at the above referenced location pending further research. One item that staff was directed to examine involves existing the costs associated with clearing the sit-e. I will be preparing a follow-up report for the September 30, 1991, Council meeting. Could you.please provide me with cost estimates for abatement under two different scenarios? These are as follows: 1. 2. Remove only the brush, debris/materials, and treehouse from the property. Remove all items.listed in #1 alone, cut and remove all small trees, and remove the high grass/weeds which can reasonably be cut due to additional tree removal. Please let me know if you have questions or wish to discuss this further. Thanks for your assistance! SB:Is M-91-678 31 0 _ ClTYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 •(612) 571-3450 • FAX (612} 571-1287 September 17, 1991 Anna Marie Huston 165 - 14th Avenue N.E. Minneapolis, MN 55413 RE: Vacant Property Near 64th and Ashton Avenues, Lots 13-16, Block 13, Fridley Park Dear Ms. Huston: This is to inform you that the Fridley City Council tabled consideration of a public nuisance abatement concerning the above referenced property at its september 9, 1991, meeting. The Council heard testimony from area residents and discussed the matter; however, possible action was postponed until the next Council meeting on September 30, 1991, and staff was directed to perform further research. As part of this research, the Council instructed staff to determine an estimate of projected abatement costs. This analysis is pr.esently being conducted, and I will pass this information along to you as soon as it is available. It is my understanding that you intend to locate single family homes on this site at some future date. In accordance with the requested research, staff has been directed to contact area builders to determine the market for homes which might be located on this property. If you are interested in attempting to develop the site, let me know since I may be able to provide some additional information which may assist you. You are welcome to attend the City Council meeting on September 30, 1991, when this issue will once again be discussed. The meeting will be held at 7:30 p.m. in the Council Chambers at the Fridley Municipal Center, 6431 University Avenue N.E. Please call me at 572-3595 if you have questions or wish to discuss this further. Sincerely, Steven Barg Planning Assistant SB:ls 3J CE-91-431 May�i- Wi 11 iam NeE� City of Fridley 6431 University Avenue N. E. Fridley, MN 5543� De�r Mayor NeE�, RE: Locke LakE� The oreliminary report by the Rice CreeH: Water�hed Engineer is in your hand�. The Board of the Locke Lcike Homeowners Fssociation has studi�d i;he r�par} at length. lJe are interestEC+ in what actions the City of Frid2ey plans to tai;e. Some points of concern arz as follo:��: 1. LJhat are your reactions to the report? 2. What alternatives du yo� see that could reduce costs listed in the report? Does th� City fee: that the costs in tfiis rEport are realistic? 3. What has been done by the City to explore possible sour�es of funding' �. Does ttis City {�lan to rzplace thz dam? . If not, why not? It` not, then what^ � 5. Who will the City assign to coordinai:e wi:h the Rice Creek t��atershed and Locke LaE:e Homeowners? We hope that this person will be at a decision making �level; so that the public, Rice Creek Watershed District Board and Locke Lake Homeowners Icnow the !'�ty i= indeed serious in resolving this situation, b. What time frame do you foresee for the pr-oj=ct? All of thF� effarts that the City has alrpady extended on beF�alf of this project are grE�atly appreciated. . Decis�ons, action and need for progress are imperative. Wz would anticipate that the Project will be addressed as an agenda item on the September 30th Council Meeting. A Boai-� member will be present at the Open Forum portion of the Council meeting on September 9th to confirm this. Sincerely, Mary M. Va=ecka L_ock�e Lake Homeowne��s Association 4 1 -� v •� 0 � _ C(lY OF FRI DLEY � �� ��� � ��� FR[DLEY MUNICIPAL CENTER • 6431 UNIVERS[TY AVE. N.E. FRIDLEY, MN 5543? •(612) 571-3450 • FAX i612) 57f-1287 Sept�exnber 24, 1991 Ms . Nkary Vasec�ca 6909 Hickory Drive Fridley, NIl�T 55432 5(JBJEGT: I,ocke Lake Cleant� Dear Ms. Vasecka: PW91-194 At the last cc�uple of Counci.l meetit�gs, yau have raised a concern rregarding the clean up of I�ocJc,e Lake. This letter is in response to those concertLS. 'Ihe City has no direct acces.s to LoGke Lalt,e e�ccept throuc� its park on the s�theast end of the Iake. A,ocordingly, we cannot access on private praperty to bririg material fr�n the Lak,e onto ttie street ric�t--of�aay �cept thro�gh the park property. Because of the high water and water table, we do not have equi.panent or personnel which can enter the Lake are.a and haul material wer to the park for reznoval. It is undezstood that in the near future, the Iake bottoan will be dredged. In this proo�ss, all of the debris that has floated into the basin as well as the existing vegetation will be rexnaved and di.sposed of. While I understand there may be s�me delay before this is avoca��lished, it is the ultunate solution to the cleanirig up of the Iak,e basin. If the Lr�cJce Lake H�neawr�r's Association would be interested in pick.ing up the debris and depc�siting it in the rightrof�aay, the City would make an effort to picJc up the matexial. I would suggest, in this regard, that three or four sites be specifically identified so that the material can be ooncentrateci there for ease of deposition as well as pi�. The City would be agreeable to contracting with a local garbage hauler to place a diut�ster on svme private pro�perty if the property awner would provide the necessary hold harmless ease�ments to clrive a vehicle across their yan�s, place the dtm�ster on the property, allaw the material to be dLU�ed into the d�ster and allaw the du�ster to be hauled away. If this is desired, please let me lmaw so we may prepare the proper doc�mtents and have them exec�zted in o�ler to facilitate the timely removal of the material. . , rrs . rlary vaseca Page �tao - PW91-194 S� 24, 1991 If the I,oGk,e Lake H�wrier's Association is interested in doizig any of the above, please let me }a�aw as we are willing within our resources to assist in i�ravirig the current appearanoe and aesthetics of the LocJce Lake area. Sincerely, � L ��� .%%�- � ,. �hn G. Flora, P.E. Director of Public Works JGF/ts . � r � � DATE: TO: FROM: SUBJECT: Background Community Development Department P G Drvisiorr City of Fridley September 26, 1991 William Burns, City .1�Ianager g•� Barbara Dacy, Community Development Director Fridley Bus Company At the September 13, 1991 meeting, Bruce Lundberg, on behalf of the neighborhood located east of the Fridley Bus Company, requested an item to be placed on the September 30, 1991 City Council agenda to discuss issues pertaining to the Fridley Bus Company. Mr. Lundberg also requested that the City Council receive a copy of the neighborhood petition submitted at the August 21, 1991 Planning Commission meeting (attached). The Planning Commission minutes have been forwarded to the City Council previously. Mr. Lundberg stated that the neighborhood wants the City to pursue enforcement of all the stipulations attached to the 1973 building permit (attached). Update On Tuesday, September 17, 1991, Virgil Herric)c and I met with Butch Voigt and Barrett Colombo, Fridley Bus Company's attorney. Previously, Virgil Herrick sent them a letter outlining the City's position on removing the trees in the northeast corner of the property to create an additional storage and parking area. The Fridley Bus Company position is as follows: 1. � � They have arranged to double slat the chain link fence installed between the neighborhood and the Fridley Bus Company property. They will be submitting a landscaping plan for planting additional evergreens on the east side of the fence. They believe that the fence with the double slatting and the additional evergreens is a better screen for the neighborhood than which existed prior to excavation of this area. Fridley Bus Company September 26, 1991 Page 2 4. In order to reduce the amount of noise and resulting air pollution from idling diesel buses, they would like to install electric hook-ups for engine heaters. 5. They agreed to provide a letter from David Brink, owner of Stylmark property, outlining what areas they are permitted to use for storing the buses. 6. They would like the ability to park four to five cars in the excavated area, as well as to store four half size school buses between the above ground tank and the building. We also reviewed each of the 1973 building permit stipulations with them, and they specifically objected to the stipulation regarding prohibiting outdoor storage of the buses. They noted that the stipulations were not recorded as part of the title and that they were not made aware of these stipulations when they bought the property. Further, they believe that the City has,not actively enforced this particular stipulation and stated that it is physically impossible to store all of the buses in the existing building. All of the school buses are stored within the building, but the diesel charter buses are stored outside. They have a fleet of 21 school buses, four half size school buses, and 16-17 diesel charter buses. Stipulation #4 of the building permit dictated that the easterly 70 feet of this property must not be disturbed. Further, a stipulation to a variance granted in 1973 to the 85 foot setback also stated that the vegetation remain between the building and the lot line. The bus company maintains that the screen that is there now is better than what originally existed and that they believe that they should have the ability to use their property. Because of the stipulation on the variance approval and a provision in the ordinance regarding the 100 foot setback, we stated that the Fridley Bus Company is in violation of the stipulations and of the ordinance and cannot park buses within that 85 feet. There is approximately 103 feet between the east side of the building and the property line along Main Street. Therefore, no buses could be stored approximately 18 feet east of the building. The zoning ordinance, however, would permit automobile parking within 20 feet of Main Street; however, we maintain that because the variance stipulation and the building permit stipulations required no removal af the vegetation, parking should not be permitted. Further, we have not received the landscaping plan regarding the additional landscaping east of the fence. We may have that available prior to September 30, 1991, before Monday's meeting, and if so, we will present that information. � Fridley Bus Company September 26, 1991 Page 3 Since the September 13, 199Z City Council meeting, a homeowner in the area has reported being awakened at midnight by the sound of buses idling (September 18, 1991). Buses in the newly created storage area have been parked there from time to time according to the neighbors. Issue Summarv This issue can be summarized into three categories: 1. The outdoor storage of buses; 2. Whether or not the screening that has been constructed by the Fridley Bus Company is better than what originally existed versus enforcement of the original variance and building permit stipulations; and 3. Whether or not any activity should be occurring within the 85 feet stipulated on the building permit. It is our understanding that representatives from the Fridley Bus Company will not be in attendance at the meeting. I believe that Mr. Lundberg wants to hear the City Council's position on this issue and whether or not the City is willing to pursue litigation against the Fridiey Bus Company to enforce the variance stipulations or the building permit stipulations. BD/dn M-91-717 : (b) The petitioner shall prove that ell other ordinnnce requirements are met� including but not limited to� parking, storm water management� and landscaping. D. Setbacks. 10/90 (1) Front Yard: A front yard depth of not less than thirty-five (35) feet is required for all permitted buildings and uses. (2) Side Yard: � 1�,�0 (2) side yards are required, each with a width of not less than fifteen (15) feet except: (a) Where a driveway is to be provided itr the side yard� the minimum required side yard increases to thirty (30) feet. (b) iJhere a side yard abuts a street of a corner lot, the side yard requirement increases to a minimum of thirty-five (35) feet. (c) No side yard is required where a common wall is provided between two (2) buildings which meet the requirements of the Building Code. (3) Rear Yard: A rear yard depth of not.less than twenty-five (25) feet is required, with an additional one (1) foot of rear yard depth for each four (4) feet of building height over thirty-five (35) £eet. (4) Additional Setback Restrictions: Whenever any industrial district is adjacent to or adjoins any other district, permitted buildings and uses, except automobile parking and loading spaces� driveways, essential services, walks and planting spaces shall not be: (a) Closer to a street right-of-way line, abutting a residential district, than 100 feet. (b) Closer to the alley right-of-way line than forty (40) feet. (c) Closer to the boundary line of any other district than thirty-five (35) feet. (d) Closer to the boundary line of a residential� district than fifty (50) feet. 5C � 205.M1-8 � , i i � i' � � 3 0 ► � —� • �� —: -� � �--_ w: J: 2-: t�i_ ! � �! a; _, t-; �►, x; w: � ; �1 z 4 � � ctl U 2 � N 5D ili Z.Q. _ .�i. •'� 1,{1 �. Q 3G.¢'. �S.k. ar iQ '. . � '� Fridley Bus Co. SP �91-09 i ,i i , . ; _, _..._ .,._ _. ; ; . ; �o ; ;� SITE PLAN . . _ : � REGULAR COUNCIL h1E1:"1'1NG OF AUGUS'I' 6, 1973 PAG� 24 ZTEM - 4- BOARD OF APPEALS SUBCOh1hilTi'EE MEETING OI� JULY 31, 1973: A REQUEST FUR A VARIANCE OF SECTION 45.134, 6, FRIDLEY CITY C011E, M0�'ION by Councilman Breider to grant the variance as rec{uegted by Acsigrtwars reducing the frant yard setback fxom the requirad 1Q0 fe�t to approximately 41,9 £eet with the stipulation that th� pa�king area be finished per Code within two years. Seconded by Co�ncilman tlttex, The C�ty Engineer said if the parking lot is not ineluded ih the p7.ans, a problem may arise in the financing of such an imprav�ment. Mayar I.iebl said the parking area would have to be put in. He sug�e�ted this be done after the completion of ths underpass, UFQN A VOICE VOTE, all voting aye, Mayor Liebl declared �he motion carriecl unanimously. Th� City Engineex said in order to take care of �he related i�Gems pn the agenda, he would suggest the Gouncil r�ext ,�,' r the item numbexed 19, consideration of revised plans ridley ara��. CONSID�RATZON OF APPROVAL OF REVISED PLANS FOF� AND RIDLEY BUS RESQLUTI4N #89-1973 - A RESOLUTION ORllERING PRELIMINARX PLANS, SPECI- . D E MA F • fii"'T�4rnm r+m � nn� r __ _ AND R�SOI,UTION #90-1973 - A RESOLUTION RECEIVING THE PRELIMINARY REPORT AL ING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF CER AI IMPROVEMENTS: STR T IMPR VEMENT PROJECT ST. 1973-1 ADDENDUI� 4: The Gity Engineer said he would recommend that the original �.3 stipu- lations on the first plan be applied to this plan with the add�.tion of the st tem nt tiiat the doors be located on� n the west side of the building, ,�he_ban � of the creek not be distur ed, tha_�_�� -- --�--------�------- � _ ex�s�ing��rees will_.ba--main�ained_,,_and that t e varzance xeQuesfi an the south side be granted from 15 to 10��eet�anii ori t�Tie east s�e '� ��r�fi_ 1�00_.'�0 _8S _ �eet ;__�__.�.._ �.__�:�.�-:-��-------__�.�.__�r._�__.�.. ..�._,. _. - � 5E '..�.vv,.n.. ..�...�.. � � r�..� i �... vr r�uu.. ., 1., , 1 y/ J rHU� �5 The Gity �n�ineer said the plan liad been clianged and there �vould be no access to the �arage on the east side of tlie bui�ding. Tlte buses would now baek in ancl out as they do in the existiiig facility. The �ity Engineer said in this plan, no land would be acquired from pesignware. MOTION by Councilman Breider to approve the revised plan for the Fridley Bus Garage with the 13 stipulations and adding the requirements that a11 doors be located on the west side of the building, that the bank of the creek not be disturbed, that the existing trees be maintained and that the variance on the soutli side be �rom 15 to 10 feet and on the e�s� side from 100 to 85 feet. Seconded by Councilman Utter. Upon a vpice vote, all voting aye, Mayor Liebl declared the motian carr�.ed unanimously. _ MQTIQN by Councilman Breider to adopt Resolution #89-1973 ordeTing� preliminaxy plans, specificatioiis and estimates of the cQSts th�reof: S�reet �mprovement Project St. 1973-1, Addendum �4. Secanded by Council- man Ut�er, Upon a voice vote, all vating aye, Mayor I.iebl dec�ared �ha ma�i.on carri.ed unanimously. MQTIQN by Councilman Breider to adop t Resolution #90-1973, x�caiving �r�liminary repor� and calling a public heaxing on August Z0, 1973, an �h� matter of the construction of certain improvements: Street �mprbvQm�nt Praject St. 1973-1, Addendum #a, in the amount o� $10,6�2.�6. The City Engineer said he would recqmmend th� road be black�op, with no curbir�g to ::eep the costs to a minimum. He said he hoped ths two Gompan�.�s Gould come to some agreement on the assessmen�s �or the pro- posed roadway. SECONU�D by Councilman Utter. I1p'on a voice vate, all voting:aye, Mayar 1�ieb� deClared the motion carried unanimously. �ounGilman Nee asked the City Attorney if the City could as$ess the xai.J.raad? Mr. Kno�.l stated that they would hav� to use the road far a�cass �ko the bridge. Councilman Bxeider said perhaps the Metro Sewer BQard cou7,d also be assessed. Councilman Nee sai�d he was in favar q£ ass��sing the railxoad whenever possible. The City Attorney said if the fact o� the matter would be that they did use �he road fox acc�ss, it wauld be worth the effort, but th�y woul,d �ave to be notified. Mayor I.iebl agreed, stating this woul.d be worxh a�ry. The City Attorney said sometimes there is no disagreement abou� such assessments. CONTINUEp: RE�EIVING THE MINUTES OF THE BUILDING STANDARDS-DES�GN CONTROL SUBCOi�iMITTEE MEETING OF JULY 26. 19 3: CONSTDERATION OF A REQUEST TO CONSTRUCT A 0 1 5F • L • W BUILDING FOR OFFTCB • L • � ST i� BUILDING PERMIT STIPUI,ATIONS FOR Fridley Bus Garage 1. City would not vacate 30 foot roadway along the railroad tracks but would allow Fridley Bus to use this right of way for providing a parking lot and Fridley Bus in turn would give a 30 foot roadway easement next to this existing 30 foot easement, making a total of 60 feet. Tt�is property would then have a dual use by both the City of Fridley and Fridley Bus. 2. The owner agrees to grant a walkway easement on the north side of the building along the south side af the creek bank when the City has determined the exact location. 3. The owner agrees to provide a 20 foot easement for the existing storm sewer through this property. 4.- The easterly 70 feet of this property would not be disturbed at all, and all the veg�tation would be kept in tact. • 5. There will be 4 green ash trees planted on the north side of the building, with a row of lombardy poplar trees planted in front of these trees and also along the east side of the parking lot for immediate screening. The lombardy poplar trees are to be planted on or about 6 feet on center. 6. The parking lot and driveway will be curbed with concrete curbing except the first 90 feet of the property along the railroad tracks, which will be asphalt berm. 7. On *_he r_orth side of the parking lot there will be a catchbasin and collection structure provided with a pipe outlet into the Burlington Northern ditch for collection of debris and drainage. The type is to be approved by Rice Creek Watershed and the City Engineering Department. 8• Nine trees are to be saved on the east and north sides of the building as shown on the plans. ' � . 9. All busses to be parked inside the building. The only outside parking will be cars. 10. The disturbance of the creek bank will not be allowed and also epecial care will be taken to see that washout of materials during construction will be kept to a minimum, and that any area not presently having growth will be protected with plantings. 11. Location•of gas pumps to be changed to the west side of. the building and be screened if decided that it is needed by the City. 12. Buildi_ng to be light green panels with a minimum of five aggregate panels on the nortli side and three on the east side, with all overhead doors to be located on the west side of the structure. � 13. No traffic from this property onto Main Street; alI traffic will be routed along the tracks onto Mississippi Street. 14. 18 parking st ill be provided al th de of the site. � �. ^ / �t '1 5G � I i � Stipulations for Building Peanit Bus Garage Page 2 Fridlcy 15. The building will be set back at a minimum distance of 85 feet fxom the property line. . ° �i�� i 5H 0 FRQh1 °:iRNu G_��'� LAt.i pipLS. .ROR1:1tT �_ l �I lZj' BERN,IRL1 C. ST'�t'I'(iN R1C:itA}�Li A. ML•f1Rll.1. FOD$R7G H5'hlF_4 ntdtnno n. uet�+s nau�n o. Fer�ns.ow OARRELI. A.1L•NSEK )EFFltF.Y �. JONNSON At�^.,SELL H. c�Uw��rx pu r. cKic►.�sota LAWRENC:E R. h7H:JStIV bA4Nl� A. Ca�31 THO:.il�S P. MAtt�!�G btlf:l {AEI. P. HUtcLtY VIRCa11, C. H[illtiCK iJER�iAN l,. TALLC Septiember 11, 1991 9.1�.1�41 $arna, Guzy &. SCeffen, Ltd. ATTORNEIS Al' lAV7 400 Nurcluown Flnancial Flazs Z00 Coon Rapids Bou(evard Cvot� Rapids, MN 55433 {(ill) 780-8500 FAX (612) 780-1777 Darwin Voigt o/o Sarrett Colombo Rii'1ke-Noor��n Sui�e 700, Norwast Cent�r aoX 14�7 St. Cloud, MN 563Q2 TNOMAS L. OONOVr,t: P.U.4� M� HAitR1s 6!{ARQN 1.11ALL Ck1AR1.L•91.f..SG1fKORA VC�IU,IAl�i M.IIANSE�1 )o�a M. rtit�taN DANIEI. D. OANTER, )R. DEVERLY K. OOt�qE OREtXt V. HFRRIq( JAMC^v p, NOBFT )OAN 1.1. QUADG SOD7'f' M. LEPAK 8TGVLN !. MAL`i.'EY OFqp�NSEL Pbi'E!l BAANA LwWaeNCe M• NAVVnc�cri PAT6NT, dDPYRIOHT AND77tADL&LIIUt LAW Dear Mesars. Voigt and GoZombo: Thi�s l.etter ig i,n re�panae te your letter, dated August 23, 1991r r���rding the withdrawal oP you� special use pe�mi� application. Yt is the position of �he City that reC6ri� activitieg on youx pro�erty are in vioiation o� certain Ci�y Codes arid Ordinances. Sacti:on 205.3.�.o3.D of the zoning Ordinance reads as follows: "Whonever any industrial district is ad�acent to or adjoins any other distirict, permitted buildings and uses, exoept au�omobile parkinq and loading spacea, drivawayg, essen�ial �ervices, wmlks, and p�.ariting apaces shall not be: a. Closer �a a street right-of-way line abu�ting a residenL-ial dis�rivt than 1vo �eet." Storage and parking aF buse� within the 100 foo� se�b�ck is not p��-m�.s�ible z�s th�.� is a principal, use of the proparty. On August 6, lg'73, the Fridley Bus Company receiv�d a variance to. con�truc� re building vn tlie property. The varianCe permitted � 10 footi setback �rarn tihe sout,h property line ahd an $5 �ooti ���baok fro�n �he east proper�y lina. This variance was conditiioned, one oE which required that the existing tre�s be maintaii�eil wititiin the 85 foot setbaCk. I� is the position or the City that your recent actian in clearing the vegatation within tiii� r��ea ia in violntion of the varianc:a approval granted in 1973. Columbl� Helpl�tn pftlu Anok� O(llce J949 Cemrwl /�oenue N� Anv1:a (`cofeukx+at O�dld�ne Allnnc�poll,. MN 554:1 �tOl ).ck.c•n Streec {(.12) 78d•�611 5i A�ak�. M1J 53)Of (61?! �27 F,IiX� E1� 78n 17'7 - FF.Ot9 E�HFf7N GU�,; LNI�i t9F'L=. 9.1�.1'''=i 10:�2 �. 3 Darwin Vo�g� c/o 8arrett Colombo September 11, 1991 P�ge Two I hz�ve been adviaed tha� you have taken a pvaition that you �re- tto� bound by these conditivns because the buiZding perm�,t �tnd variance were not recvrded documants. I am not certain whether yau would prevaiZ on that arqument, however, if the varianCe is not applicabl� to you as a euccessor awner, then you are bound by the section oP the OrdirlanGe�, whiph T quflted above, that �.imits the ac�ivity to a 100 Foot se�back from the re�ident�.�l pr.opQrtieg. A� � resul� o� a g�.te �inepe�tion on September 10, 1991� th� staff became� awaXe that oonoretie curbing had been ine�alled along the south side oE the exis�ing building and into the recen�ly cleared nartheaat carner oE the proper�y. Section 205.04.o4.K states+ that: "N� changes i.n ex�erior buildinq dimensions, , exterior paxking areas, or drainage as e6tabl�.ahed ii� appraved City plans will be made un].ess reapprovad by the City." Any plans �o ch�nge the parking lv�, including cu�tbing or asphalt, or any plans ta change the drain2tge plari must be approved by the Counvil prior tv installatlori. some o� tha buses aurrentiy baing parked an the stylmarlc property are not b�ing �arked on $ hard suri'�ce. An overall plan af the pArking area ot �he buses shall be subm3.tted and a le�ter from David �rink, pwner of Stylmark, shall be submi�Ced concurring with the p�rking o� buses in �his area. Sev�rai oP thc� neighborhood residents have complained abaut naise and air pallutic�n. We requ�at tha� th� Fridley Bus Company coQpera�.e w3.th �he City in conducting �ecessaxy �asts to show compl�.ai�ce wi�h �ha City of Fridley's Noise and Air Quality Codea (Chdpters 124 and 109 respectively). Fihally, we r�quest the Fxidley Bus Company to alsa caoperat� with our Fira Inspection Dep�rtmen� and represen�atives of the Minncso��, Pollution Con�.ral. Agency to verify �.hat a7.1 fire code issues pertaitzirig to the building and urlderground and above ground fuel storage t�nks are in contpliance with tha�City'� Ord�,nances and State Statute,s. we would l,ike to meet with you as soon as possible to discuss these vurious i�ems. We would be available to maet on the afternoons af Monday, Sep�ember 16, 1991 and Tu�sday, September 17, 199�. Please call to verify �he appoi�ntment. 5J - RGfiNi: i�U���, lGl�� tiF�S. Da�win voigt c/o Barrett Golombo 8ep�ember 11� 1491 Page Thrae Shou�d you have furthQr queat;tons, plaase do not hesi�ate to con�act Barb Dacy or myseit. sinco aly, �� �I J l . � � � .,7...��t R' '.�_ . virgil C. xerrick CiCy Attorndy VCH: j jh � 5K � ������:r��'� ����� R1NKE, NOONAN, GROTE, SMOtEY, DETER, COLOM60, W/ANT, VON KORFF, OEGIOVANNI, AND HOBBS, LTD. ATTORNEYS AT LAW ' Suite 700 Norwest Center Box 1497 St. Cloud, MN 56302 (672) 251-6700 Fax: (612) 251•5114 Orrin V. Rinke D. Michae! Noonan Gerald R. Giote William A. Smoley' KuR A. Deter Barrel[ L. Co/ombo James L. Wiant Gerald W. Von KorN James Degiovanni September 13, 1991 Virgil C. Herrick, Esq. Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Blvd. Coon Rapids, MN 55433 SENT TO FAX NO. 612/780-1777 Re: Fridley Bus Company Our File No. 4439-003 Dear Mr. Herrick: �°� �� ��� 'y�Q �� ��� � I am in receipt of your letter dated September 11, 1991 in regard to Fridley Bus Company, Inc. and the recent matters pertaining to city codes and ordinances of the City of Fridley. I appreciate your offer to meet. Tuesday, September 17, 1991, will be acceptable for both myself and Darwin Voigt sometime in the afterno.on, preferably about 2:00 p.m. or 2:30 p.m. We would be available to meet either at your offices or at the offices of the City of Fridley. Please confirm whether these times are acceptable and where you would prefer to meet. Sharon G. Hobbs Returning to your letter, I would appreciate it if you would have available at the meeting the City Council minutes in which the zoning DavidJ. Meyers�'' ordinance you refer to regarding the 100 foot setback was adopted. John J. Meuers Thomas E. Kie�nan Roger C. Justin John J. Babcock �Aea/ EState SpBtialist Certilied Dy the Minnasota Stale Bar Associatan =Admiffed t0 Psacfice law in Wiseonsfn �A�nRted to Pncfice law in Indiana As to the 1973 building permit stipulatione, the copy of the stipula- tions which I have does not refer to either a 10 foot setback or an 85 foot setback. If you have other documentation relating to the 1973 building permit, I would appreciate receiving them. Mr. Voigt has informed earbara Dacy that the "curbing" which was installed was not "curbing" in the traditional sense, but rather con- crete stoppages for the wheela of various vehicles so that the drivers did not continue to overextend the vehicles and dent the siding of the buildings. As to any asphalt or other change in surface, the client is not proceeding on any plan in that regard at this time. 5L c September 13, 1991 Page 2 Mr. Voigt and the Fridley Bus Company have always been willing to com- ply with the appropriate ordinances in regard to noise and air quality codea and fire inspection. In that regard, Mr. Voigt informs me that the fire inspector has already been on the premises in the recent week at east once o review fire code comp i nce with fuel storage tanks. I point out to you that while my client certainly must and will.comply with the enforcenent of the various codes and ordinances, we expect the City to apply this enforcement in a uniform reasonable manner. My client will not tolerate being targeted for special, selective enforcement mere2y becauae the City Council or administration is feel- ing some heat from unhappy residents. I look forward to meetinq you on Tuesday, September 17, and to a pro- ductive meeting. Sincerely yours, RINKE-NOONAN By. Barrett L. Colombo BLC/ms cc Barbara Dacy� Community Development Director City of Fridley Darwin Voigt Fridley Bus Company 5M �� � FR/DL EY BUS COMPA N Y INC. SALES 339-0612 6750 MAIN ST. FRIDLEY, MINNESOTA 55432 OPERATIONS 571-1240 FAX 571-3312 September 11, 1991 Barbara Dacy Fridiey Municipal Center 6431 University Avenue NE Fridley,, MN 55432 Dear Ms . Dacy,. Thank you for your telephone call today in regards to the paving of the parking lot. At this time,, it is not our intent to pave the parking lot. It is my understanding, from our conversation,. that it is all right for us to add fill from the curb to the building. If this is not the case, please let us know,� as we would like to do this very soon. Sincerely,, � . c�,.:.-� - Darwin A. Voigt President FRIDLEY BUS COMPANY, I1VC. DAV/mjv VANS SCHOOL BUS TRANSIT B�N SUBURBAN BUS MOTORCOACHES 0 CITY OF FRIDLEY PETITION COVER SHEET PETITION NO.: 4 � 1991 DATE RECEIVED: 8/21 /91 OBJECT: 1LLEGALACTIVITIES ATTHE FRiDLEY BUS COMPANY FROM THE RICE CREEK PLAZA NEIGHBORHOOD PETITION CHECRED BY: DATE: PERCENT OF SIGNING: REFERRED TO CITY COtJNCIL: DISPOSITION: 50 � MEMORANDUM DATE: August 18, 1991 TO: Community Development Department, Planning Division, City of Fridley FROM: Rice Creek Plaza Neighborhood SUBJECT: Illegal Activities at Fridley Bus Company As concerned residents of the Rice Creek Plaza neighborhood, we would like to make our concerns and recommendations known to the pfanning division and City Council regarding the use of the property known as Fridley Bus Company. The use of this property has far exceeded the original intent and stipulations of the building permit No. 12392 issued November 16, 1973. It appears that the company may as well have outgrown the intended use of the facilities. The attached documents and correspondence describes the illegal activities and noncompliance with the building permit and stipulations. We will not restate them for the purpose of this petition. We do wish to make the following recommendations known to the planning division. 1. That Fridley Bus Company adhere to stipulation No. 9 of the building permit and refrain from parking buses outside the existing building. 2. That �ridley Bus Company replant trees and shrubs on both sides of the new fence to completely cover the fence from the east side and to conform with stipulation No. 4(easterly 70 feet of property be left in vegetation). 3. The City obtain an easement and establish a walkway in accordance with stipulation No. 2. �� � Page Two Community Deveiopment Department Planning Division, City of Fridley 4. That the City investigate the apparent pollution caused by the storage and refueling of buses on the west end of the building. It appears that diesel fuel is running into Rice Creek. 5. That only limited exterior lighting be allowed so that visual pollution is kept to a minimum (lighting be limited so that it is not visible from the east of the property. 6. That the City studies the traffic flow from 2nd Street to Mississippi Street. With the expansion of Stylmark and the number of buses and cars at Fridley Bus Company, this is becoming a major concern. As you are aware, that is basically the only exiUentrance fior the entire Rice Creek Plaza neighborhood. NAME ��...-;. , � /� �'� Y�' -����/ r�'�.:�,� ��� , � 1�C� .�� Vt /��,.�%(J� � ������ \ � , }i��`Y,1,a�-,� C��i-�h� �,� (t��� � ��--��. ,- � �e��`� � �� � ' .���>L� ������ � � ,, �������� d-�J � ��� ry��/ . ���n�� A D D R E S S �------ � �- 3 l �� %-�� � � �i �'-� �"�- � �� � �.��:- �n�� � ��_:. . a � � ��. �� -t"� . a3� �C'�,� � C�,��.� T� �.� O � � c,e, C�e�, �.-�.� �c-sZ� 1 �I R � cP ��e-k � �-ra� �e �y� /�o ��U / �o /y0 � ��� ���_� ���� � %�� ��-e��- �i -�-'��-- i, , , c� << 1� C� /�,���-� � ' , �. Page Three Community Development Department Pianning Division, City of Fridiey NAME � �, , /�� , �lLi� r d� � � � ` � �� ��.�, � '�,�... ,�,_y�;�.� v � S. �/��� �' �. �/�:�' ��� ��; �� �� :; ADDRESS �1�� I�Ge C� %'-�v�� a �� �,� (..i?,�c� o�.��f.v�,� v G �.3 i � �a.�-ri. S�- � �� , � ?� /-��'�� ,Q,�-�U�'. .. `-,�..v j ("�.�_' �z% C��h_-1��., . ����zf, �� /� C�G � % / a �i �-��..� C�z�.�.�, �7�.� - �. �� � < <� � �� i -�-� - 5R Page � �'v :, r Community Development Department Planning Division, City of Fridley , ME ,' i%G7��t�'l Ll'L' i � �. -� f',��...= � �„�,�U� -��1�.�,� , , �� 2. 4 �y-� %�/LC2uti� ��'��t-,.,d � ��i���-,��!'. _ wy"'' � � ; % LyiZ Z ADDRESS . ��� . ��' - �i - � ,� � % ��� �-������� � , ,���/ � � b o ���t e<< e e� ��E r� c� ��rr-��\eY a � r ?�c� ���--�� rc�,�t ��� �c- y � � 1 ���.�..� ����. � �'v � r e� C'6��,��C r�'1 � ��. �i'c e ��� c���� �`'`�< `�,���L�.� �" 1�� i':.��/��. �- % � /�� � ���2���'1�`� � 20- i� �' �"" t- 5S ' i _ � DATE: TO: FROM: SUBJECT: Community Development Department P G DrviSION City of Fridley September 25, 1991 William Burns, City Manager �;p• Barbara Dacy, Community Development Director Establish a Public Hearing for the Light Rail Transit Preliminary Design Plans for October 24, 1991 Minnesota State Statute requires cities in which a proposed LRT system is located to review and to hold a public hearing within 45 days of receipt of the plans. The Preliminary Design Plans represent about 10% of construction of the system. Staff recommends that the City Council establish October 24, 1991 as the proposed public hearing date for the Preliminary Design Plans. Proposed schedule The 45 day review period for cities in Anoka County expires on November 11, 1991. The Environmental Quality and Energy Commission and the Planning Commission will prepare recommended.comments at their October meetings. The public hearing will be conducted on October 24, and the City Council will either approve or disapprove the plans on November 4, 1991. According to State law, if the city disapproves the plans, the city must identify items/issues which would make the plans acceptable. The public hearing is proposed to be conducted in the Council Chambers, and to be begin at 7:00 p.m. We are in the proces of arranging the meeting to be televised on cable TV. The public hearing list that we have prepared encompasses property owners not only on the east side of University Avenue but also on the west side of University Avenue. Recommendation Staff recommends that the City Council establish October 24, 1991 as the public hearing date for the Preliminary Design Plans. BD/dn M-91-712 BRW, Inc. August 19, 1991 NORTHEAST LRT CORRIDOR SCHEDULE APPROXTMATE DATES PRELIMINARY DESIGN ACTIVITY EIS (10%) DEIS Submitted to EQB DEIS Notice of Availability/ DEIS Distribution DEIS Review/Comment Period HCRRA Public Hearing on DEIS ACRRA Public Hearing on DEIS FEIS Preparation HCRRA and ACRRA Approve Distribution of Preliminary Design Plans and Submit to Cities/RTB/Metropolitan Council/Mn/DOT for review 30-Day Minimum Review Period for Preliminary Design Plans HCRRA Preliminary Design Public Hearing ACRRA Preliminary Design Public Hearing 45-Day Review Period of Preliminary Design Plans by Cities in Hennepin County 45-Day Review Period of Preliminary Design Plans by Cities in Anoka County MR331 May 6, 1991 May 13, 1991 May 13 - July 8, 1991 June 5, 1991 June 13, 1991 July 9 - Novembcr 1991 • � August 20 and 22, 1991 respectively August 23- September 23, 1991 September 24, 1991 September 26, 1991 September 25- Novem6er 8, 1991 September 27- November I1, 1991 , BRW, Inc. August 19, 1991 NORTHEAST LRT CORRIDOR SCHEDULE (CONTINUED) -- APPROXIMATE DATES PRELIMINARY DESIGN ACTIVITY EIS (10%) City of Minneapolis Holds Public Hearings on Preliminary Design Plans Cities in Anoka County Hold Public Hearings on Preliminary Design Plans Date by Which City of Minneapolis Must Approve Preliminary Design Plans'� Date By Which Each City in Anoka County Must Approve Preliminary Design Plans'� RTB, Metropolitan Council, Mn/DOT Submit Comments on Preliminary Design to ACRRA/HCRRA ACRRA/HCRRA Approve Preliminary Design Plans Anoka and Hennepin County Boards Approve Preliminary Design Plans FEIS S ubmitted to EQB FEIS Notice of Availability FEIS Review and Co�nment Period A833I December 2, 1991 December 9, 1991 December 10-23, 1991 • • September 25- November S, 1991 September 27- November 11, 1991 November 8, 1991 November 11, 1991 November 20, 1991 December 1991 December 1991 BRW, Inc. August 19, 1991 r. NORTHEAST LRT CORRIDOR SCHEDULE (COI�iTINUED) APPROXIMATE DATES' PRELIMINARY DESIGN ACTIVITY EIS (10%) ACRRA/HCRRA Adequacy January 1992 Determination EQB Nodce of Adequacy January 1992 Deternunation 1/ Failure to approve/disapprove preliminary design plans in writing within 45 days after the ACRRA/HCRRA hearing(s) is deemed to be approval, unless an extension of time is agreed to by the city, county, town and the ACRRA/HCRRA. A83�� 6C rs � � DATE: TO: FROM: SUBJECT: Background Community Development Department ��I�ANNING DIVISION City of Fridley September 25, 1991 William Burns, City Manager�'�"" Barbara Dacy, Community Development Director Variance Extension Request for Wayne Johnson; ,6051 - 3rd Street N.E. On May 10, 1988, the Appeals Commission approved a variance request to locate Wayne Johnson's proposed garage one foot from the rear lot line and three feet from the side lot line. On July 9, 1990, the City Council approved an extension to the variance request to August 1, 1991. The reason for the extension was due to the legal camplications regarding the vacation and the sale of the alley to the rear of the Johnson property. Reauest All of the necessary legal work has been completed as of this month; however, Mr. Johnson has again requested that the variance approval be extended an additional year in order to construct the garage. Recommendation Staff recommends that the City Council approve an extension of the variance approval to August l, 1992. - NOTE: One of the stipulations of the alley vacation was to require passage of a resolution allowing the encroachment of the garage over the utility easement which was created over the vacated alley. The resolution will be scheduled for an upcoming City Council meeting. BD/dn M-91-713 0 C� (: � FRIDLBY CZTY COIINCIL ?tESTINQ OF JIILY 9. 1990 PAGE 18 Councilman Billings asked when the home was built. Ms. Dacy stated in 1959. ,---, Councilman Billings stated, at that time, etback would have been ten feet so it is conceivable the b er allowed for the fact that an addition could be placed o e home. MOTION by Councilman Bill' s to concur with the recommendation of the Appeals Commiss' nd grant variance request, VAR �90-10, to reduce the sid rd setback on a corner lot from 17.5 feet to 15.5 feet. Sec ed by Councilman Fitzpatrick._ Upon a voice vote, all voti ye, Mayor Nee declared the motion carried unanimously. 15. VARIANCE EXTENSION REOUEST. VAR #88-06, BY WAYNE JOiiNSON. TO �ZEDUCE THE REAR YARD SETBACK FROM 3 FEET TO 1 FOOT . AND TO REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 3 FEET, TO ALLOW THE CONSTRUCTION OF A THREE-CAR GARAGE ON LOTS 25 AND 26. BLOCK 5. HYDE PARK ADDITION. THE SAME BEING 6ff51 THIRD STREET N•E•: MOTION by Councilman Billings to approve this variance extension to August 1, 1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, aIl voting aye, Mayor Nee declared the motion carried unanimously. i6. NUISANCE ABATEMENT AT 501 GLENCOE STREET N.E.: This item was deleted from the agenda. 17. STABLISH A BLIC HEARI G FOR ESTABLI NG A EW TAX NCREMENT FINANC NG STRICT O. 1 FOR RED EIA ME OF HE NORTHEAST UADRAN OF IVERSITY NUE AND MISSISSIPPI STREET• MOTION by Councilman Billings to the public hearing on the establishment of a new tax increm t financing District No. 11 for July 23, I990. Seconded by C cilman Schneider. Upon a voice vote, all voting aye, May Nee declared the motion carried unanimously. 18. Mr. Pribyl, inance Director, stated that the Long Term Care .. Foundatio s requesting the issuance of $1,150,000 in industrial revenue onds . He stated that the City would then enter into a joint owers agreement with the City of Minneapolis and twelve oth municipalities in the metro area to issue a total of a roximately $42.9 million to finance the acquisition of eiqhteen 7A yy,. ,:..,,..w.ar.s--�,.. �..�.-rMY.=cd+.�..- �'.��.-.«....sv• . �,.. , � � .. � . .. .�C ��� �Ri_ni VAR �88-06 ���.-.��s•�� � ..., ����u�.,.. , : �.� �t.�."�..�.�:�..� ~ �.��'`��J...�'� t.. • � � .. " ��:�.� � �: � � �::���� 6�►tV D S V QV EYOR S .; �- -. , �� � .«�.�,.�« �a�s nsi�NO: `� �; «.,.«,,.�R,►... +r.«Mw»�r.�.,�.w�., L.«o .�.rr�+�:r• • .., . �°-3��l-5C•• AvENVE N. . ., . _,.. . _ . "•"�+!�tEAPOLIS 1T. Y1lNM. ; F T- !WT � _ _, ' . � . �,� �,:. �.� .� :� :� � .� �`i � � IF n � Q�`I�! `� � i�' , �'� '� � `:� �`'j'� �-1 `1� - • S C. ra � � ;, . ,.�. � , g„ . 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ENGI NEE.RS AND SURVEYORS twr+o �va`�EY!�+o 901L, TESTlNd � CIVlL 4, N.�UNILfOAL ENOIN[E�i1N0 11.eV0 pt.AV,�N1N0 ca�a-sc*« AvENVE N. . � - � ' � MINNEAPOL�S 2T, MtNN. . KE ?- 3(n3T � . ,�� � tM� p li A,[�� �t � 1� �!s 1� Q''`►�!. .. , 1 . � v }`, ..' ' `��ta v�,`t` �� e{1fi- . - � � � �wm.�G2O�.s....M�.Aw.+w........ _. , . . 1 ,� . ' . '' �-- � w w aa � �� � � C1� . � . � .� � Q S c�le • I :3 � �,,� � I� °Cenc�es. It'on �� 'I �C`j i � I � � 3b � � 6C63 G "t;c;.d l S �:��� - .�� � � 129 :� Me�S l2'...Q P�at .l cr�c�±V��tJ4y ,�r • `----- - •- .. . _ . . -'---__.. �Rep�<< � . �u��r. rt�� a . . 7 . ' • . � - -� ;. �--- �'= _?.___.._ 1—._ � � 12g. �.�� %'.., ` � 1 � Z:•Z�1 h-r;� � �- - - -) ----.. __. . � °� � ' � Otrx�L �a � �6CV �� `� Ti�o�9/ � Lo�r s 25 � 26 � BL OCK S � i�YD� ��;�� �� .. I � "'r ''ER�gY CERT�FY THAT TN►S IS A TRuE Mt0 CORRFGT (:EPRPSENTt�;►pN OF P. SURYEY OF TNE Stlt)NpAR1E� Of ?ME I .. 1 h�pVE DESC�218ED ANO OFjNE IoCATiON OF ALL bUtl01NG5� IF A�1Y, TNEREON � ANO A�'_ V15i't3LE ENCROACHME!175� j�F ,►H,r, faoM � oN sNO UNfl. MINOER tNGIt��Et2�yG ��.,1'NC. - 'I On �Tn�1 ^ C�dac �C.T /�0_t�SC� ENG1*iEE�i� 1.Np ft"9."E'fOQ.�r-i j _ �2_ � � � � _ o . � �� �,�. -�' ��4� . I__ .�_.,._ .__----, _ _ G1YOF FR[DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 .•• ��.u�v ��► : N �:� : a1.'11► ►.�/ M Wayne �TOhs�son 6651 - 3rd Street N.E. Fridley, Mn. 55432 i+iay I9, i988 On Tuesday, May 10, 1988, the Fridley Appeals Co�nission officially approved your request for a variance, VAR #88-06, to reduce the rear yard setback fro�n 3 feet to 1 foot and to reduce the side yard setback fram 5 feet to 3 feet to allow the construction of a 20 ft. by 40 ft. garage on lots 25 and 26, Block 5, Hyde Park Addition, the same being-6051 -3rd Street N.E., with the follawing stipulations: . 1. Drainage between the two properties, 6061 - 3rd Street N.E. and 6051 - 3rd Street N.E. to be worked out to the mutual satisfaction � of both property awners and the City E�gineering Depari�nent. 2. The variance to be contingent upon the approval of the vacation and the stipulations placed on the vacation approval. If you have any questions regarding the above action, please call the Planning Degartment at 571-3450. Sincerely, ' � xM' c/ Uarrel Clark Qzief Building Official Please review the noted stipulations, sign the statement below, and return one oopy to the City of Fridley Planning Degartment by June 2, 1988. .. k . -. ' �{ . . . �. - �� . �/� ' �, Concur �with actior� taken 7D � _ � . DATE: TO: FROM: Community Development Department PI�ANNING DIVISION City of Fridley September 26, 1991 William Burns, City -Managers.�'' Barbara Dacy, Community Development Director SUBJECT: Consideration of Approval of Easement Encroachment Agreement at 1201 Hathaway Lane N.E.; Orthodox Church of the Resurrection of Christ Father Magram and the Orthodox Church of the Resurrection of Christ has submitted a building permit application to construct a vestibule, canopy, and carport along the front of the home located at 1201 Hathaway Lane N.E. The carport portion of the proposed construction is located within a six foot wide utility easement running along the west side of the property. Prior to issuance of the building permit for this part of the construction, we advised the petitioner that an easement encroachment agreement needed to be approved by the City Council. Background Also located on the six foot utility easement is the existing detached two car garage. The garage was constructed in 1967; however, it was unknown to the City that a six foot utility easement existed where the garage was constructed. The City relied on an erroneous survey dated November 9, 1962 which was completed by C.E. Coulter, Land Surveyor. The encroachment was discovered when the property was about to be sold to the Orthodox Church. We advised the new owner about the encroachment and advised him that, if needed, the City may have to remove a portion or all of the garage if work needed to be done. A formal agreement was not executed at that time. Proposed Request The attached site plan indicates the location of the vestibule, canopy, and carport. According to Section 205.04.06, the vestibule and canopy are permitted to encroach up to five feet and ten feet respectively of the required front yard. They are located in conformance with the setback requirements. The carport, however, Easement Encroachment Agreement September 26, 1991 Page 2 slightly encroaches into the required setback. Therefore, we have advised Father Magram that the carport portion will need to be shifted to the north in order to comply with a 25 foot setback from the property line. The attached agreement has been prepared to allow the encroachment of the existing garage as well as the proposed carport. The agreement stipulates that the property owner will be responsible for replacement and cost for any repair or replacement of the garage and/or carport if the City needs to use the utility easement. Recommendation Staff recommends that the City Council approve the attached agreement to permit the encroachment of the existing garage and the proposed carport subject to revision of the site plan to indicate compliance with the 25 foot setback from the front lot line. BD/dn M-91-715 . � �• 0 F • ✓ol..v � ,r�y �oo, �•---�—�— Gai..►ai�w �i A1j�.t�.wt L.�! L:wa. _._._._. �¢�Q jk. i. _._S 89°02'00�',E._ ! 75.00--------•-.-•_.�_. � o���w..:� u�:�;�;.s 3' - � S � • 1 • 4y,' 1 • '\ i � , ♦ � `� �� ;w(�� .= D.�.:..���, x ow� Ut:t:iy E.Saww{ �1wi ' , { � � ���}}} � � �— t �_��� �_ — I' � � 1i s'��W:lbw 3 � �, � �r '�^��,i �t � � ��o�.. v _� , ,s.: �.� .. x . A r \ � � \ (A � � ',1\� ' Y� �. 20.1 � . '` g LOT 3 � � `� . ' stinq Garaqa �4x, i. a I � - �a �� 4 � N �•� 1 � ,� � O •� � �` •� ^�t \ i�� } .� iQ i � �,� �� J ca. =.e � ' � . '� '�✓ � (�� � �'1 0 '` O�,iiR ,� i' i lW��, �\ � ' \ ,�.3 � � � ; r s s �f - � �� ��� 0 22.6� s 'a---, � � � 1 � J � s � � W, 1 r:r� = �i i x + a. � o + � J��� � �Y � r � \ e �! ? a��r� 1 1�� Cs�.t �s': � : . i ti< � 1,�, ' `� � 1 ` V ` � � . � xi � � � ;�` � .a^� �� Lz �9.4s �� �' R _ Z84. �S ; •� � �s �q3�48• � ; . .�g�� 8g� � \ir t w� ��Sd�Y�i •Addrass: 1201 Hathaway Lana Existinq 5/E Waod Fram�d Houss O � ���s'`o �� ',I.Ix'�/ . �0' '` �6 \ \• � 7�� �s3�4 65 .1N .� Sy�a ... 4=,-. ,t.`5�'' 1'iL�* — i4.z �o.i � asi STATE OF MINNESOTA COUNTY OF ANOKA MiJTUAL AGREEMENT THIS AGREEMENT made and entered into this day of , 1991, by and between the City of Fridley, County of Anoka, Minnesota, a municipal corporation, hereinafter referred to as "City", and Orthodox Church of the Resurrection of Christ, Inc., a corporation under the Laws of the State of Minnesota, hereinafter referred to as "Owner". WHEREAS, there is an existing utility easement running north-south at or near the west line of Lot 3, Bloek 1, Parkview Oaks First Addition. (As noted on the attached corrected survey marked Exhibit A). WHEREAS, the City issued a building permit in August 1967 for the construction of a garage on Owners property based on a survey not indicating �he existing easement. The erroneous survey was dated November 9, 1962 and was performed by C.E. Coulter, Land Surveyor. WHEREAS, the Owner desires to construct a carport and canopy which wi11, along with the existing garage, encroach upon the above mentioned utility easement. ' THEREFORE, it is agreed the City will allow the existing garage encroachment and will authorize the construction of the carport and canopy encroachment. Said allowance and authorization being given upon the conditions and with the understanding that: 1j the above mentioned encroachments be subject to the rights of the City to use said property for the above described easement purposes, and 2) the City be released from liability for the constructed encroachments. FURTHER, IT TS MUTUALLY AGREED that should the above encroachments interfere with the use of said property as an easement for said purposes, the Owners shall be responsible for: 1) any additional costs, resulting from the said encroachments in the repairs,. replacements, and maintenance of the utilities located within said easement, and 2) any cost of relocation, repair, and/or replacement of the above mentioned constructed encroachments, resulting from the repairs, replacements, and maintenance of the above mentioned utilities. BE IT FURTHER AGREED that the provisions of this agreement shall be binding upon and enforceable against the parties hereto, their successors and assigns and all subsequent Owners of the property herein described. An executed copy of this agreement shall be filed with the Anoka County Recorder's Office and made a part of and be binding upon the above-described property. IN WITNESS THEREOF, the parties have hereunto set their hands this day of , 1991. : Mutual Agreement Page 2 This instrument drafted by: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 by its State of Minnesota ) ) ss County of Anoka ) Orthodox Church of the Resurrection of Christ, Inc. � On this day of , 1991, before me, a Notary Public within and for said county, personally appeared , to me personally known, who being by me duly sworn did say that is the of the Orthodox Church of the Resurrection of Christ, Inc., a Minnesota corporation named in the foregoing instrument, and said acknowledged said instrument to be the free act and deed of said corporation. Notary Public City of Fridley William J. Nee - Mayor William W. Burns - City Manager :r Mutual Agreement Page 3 State of Minnesota ) )ss County of Anoka ) On this day of , 1991, before me, a Notary Public within and for said County, personally appeared William J. Nee and William W. Burns, to me personally known, who being each duly sworn they did say that they are respectively the Mayor and the City Manager of the City of Fridley,�the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and said William J. Nee and William W. Burns acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public : ■� �� C. E. COULTER 8� ASSOCIATES, INC. JOHN A. PETERSON � FRANK R. LENZ JR. � PROFESSI4NAL REGISTERED SURVEYORS . REGISTERED IN MINNESOTA A WISCONSIN � LICENSED IN CRY OF MINNEAPOLIS 3300 LYNDALE AVE. S0. MtNNEAPOLIS, MtNN. 55408 TELEPHONE = 612 - 824 -0370 0 � � , �;�9.49} � EXHI.BIT A __�__ , ,---� , . � --�-� • � r � � �?�: _ �" _ M -+) µ�-�'o ,��bRb.11.lA6E 8� (1TIL{TY � EASEMENT ni � � - ;' �+� � • �,, ; � Q I �., - �, . ; � � ;t � � � o � � � � .j � � ; : N I � � , . � � � ° � � r}- � �- � � � ( � �Q 3 �� '� � � � � . . ; ;'j" �� • ; 6 -�►� �e- .`� ' ��� ,, I I . � qTNqyyaY L�N . E N I hereby certify that this is a true and correct plat of a survey of: � The West line of Lot 3, Block l, PARKVIEW OAKS FIRST ADDITION, Anoka County, Minnesota and the location of the Utility Easement and garage ofi Lot 3 in relation to said West line of said Lot 3. 1 HEREbY CERTIFY THAT TMIi SURVEY,PLAN,OR REPORT WAS PREPAREO OY ME 011 UNDER MY DIRECi 3U�ERVISION AND TNAT I AM A DULY REQISTERED LANO SURVEYO NOER THE l OF T 8T OF MINNESOTA. _ . --���.�. , � . _ DATE Z llEO. N0. _._..�b O CI.IENT WALTER MAURER J08 N0. 10,963 SCA�E ��� = 30' 8K./PQ. 728/36 SHEET 1 OF 1 � _ Ci�nroF FRiDLEY l� �- FR(DLEY IVIUNIC(PAL CENTER • 6431 UN(VERS(TY AVE. N.E. FR[DLEY, MN 55432 •(6l2) 571-3450 • FAX (612) 571-1287 September 17, 1991 Father John Magram 1201 Hathaway Lane N.E: Fridley, MN 55432 Dear Father: You asked me to write a letter regarding the vestibule, canopy, carport, and fence that you would like to construct on your property. . Section 205.04.06 of the Fridley City Code permits a vestibule to extend not more� than five feet into the required yard provided they are only one story and do not exceed 50 square feet. Because the front lot line of your property slopes from north to south, there is extra area to construct the vestibule in between the front of the house and the 35 foot setback line. The vestibule, however, according to the previously cited section, cannot extend beyond 30 feet from the front lot line. Section 205.04.06.(�3) permits canopies to building entrances n�ot more than ten feet into any required front yard. In this instance, the canopy cannot extend beyond 25 feet from the front lot line. Again, because of the alignment of the front lot line, you should have more than enough room to meet this requirement. The carport proposed to be constructed over the driveway must also meet the previously cited section, and cannot be closer than five feet to the side lot line. Further, because a utility easement is located along the westerly 15 feet of your property, an easement encroachment agreement must be approved by the City Council prior to construction in this area. Also note that because the front lot iine is closer to the house in this particular area than in the southeasterly corner of your property, the carport as shown on your site plan submitted September 9, 1991 will have to be shifted to the north in order to meet the required setback of 25 feet. Before issuance of a building permit, the City would like to confirm whether or not there are any architectural covenants on record against lots in this particular subdivision. You agreed to. : Father John Magram September 17, 1991 Page 2 bring me a copy of your abstract or title opinion so that we could determine if there was any reference to private covenants or restrictions. �• You also indicated that you were going to install a chain link fence along the property lines. Please note that the fence cannot exceed four feet anywhere in front of the.house and must be placed entirely on your property. Please note that in the southwest corner, there is 16 feet between the curb and the front lot line. In the southeast corner of your lot, there is approximately nine feet separating the curb and the lot line. The fence should not be placed in the right-of-way. Further, any part of the fence in the front yard area should not exceed four feet in height. This would include an arch or any type of ornamental fixture attached to the fence. Finally, you inquired as to whether or not you can construct the vestibule and the canopy prior to receiving permission on the carport. Once we have determined whether or not there are private architectural restrictions, the City will then issue a building permit for the vestibule and canopy. The easement agreement will then be considered for City Council action at the September 30, 1991 meeting. If you have any further questions, please feel free to call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn C-91-307 cc: William Burns �� _(lF�1ET� Convention & Tourism Bureau (612) 566-7722 6155 Earle Brown Drive, Suite 120 1-800-541-4364 Brooklyn Center, MN 55430 (612) 566-6526 TDD September 23, 1991 Mayor William Nee City of FridIey 6431 University Avenue, NE Fridley, MN 55432 Dear Mayor Nee: .. �.� % � �� � � In accordance with the agreements with our four member Cities, the Convention and Tourism Bureau is required to submit it's 1992 budget to each City prior to the last day of September 1991. Submission of the budget is for information only with no action necessary by the Fridley City Council. If you, or any member of the City Council, have any questions regarding the budget, or any of the activities of the North Metro Convention and Tourism Bureau, please let me know and I will make myself available at your convenience. One of our most successful 1991 programs, that greatly impacted Fridley, is our agreement with the National Sports Center. We are pleased with the results and will continue this agreement in 1992. Sincerel - r - r' �._---' es E.� Cook Executive Director encl CGgh Serving ihe communities of: Fridley/Brooklyn Park/Br�klyn Center/Maple Grove NORTH METRO CONVENTION AND TOURISM BUREAU 1992 BUDGET ADMINISTRATION 1992 1991 1991 Adj. 9/91 Ori�inal Salaries 116,000 90,000 90,000 FICA - Employer 8,5(l0 6,900 6,900 Federal Unemployment 200 200 200 State Unemployment 200 538 538 Office Lease 12,500 11,007 10,507 Office Equipment 7,590 10,000 10,000 Office Supplies 1,500 2,200 1,500 Telephone 3,500 4,500 3,500 Postage 6,000 7,000 4,000 Auto/Parking 3,000 3,000 3,000 Printing%Stationary 1,000 1,000 1,000 SecretaryfTemp. 1,000 1,000 -IX)- Workers Comp. 1,500 1,500 1,500 Liability Ins, O&D 2,375 2,375 2,375 Liability Ins, General 1,500 1,500 1,500 AuditfTax Preparation 2,000 2,000 2,000 Professional Fees 1,500 2,000 1,200 Misc. Other �00 1,500 1,OOQ Total 171,065 148,220 140,720 MARKETING 1992 1991 1991 ADJ. 9/91 Original Meeting Planner 1,000 500 500 Rate/Promotional Literature � 10,000 2,000 800 Reference Materials 30Q 300 300 Group Promotion 2 44,000 50,000 40,000 National Sports Center 15,000 19,466 19,466 Tourism Advertising 2 95,049 104,228 103,428 PromotionalItems Z,000 6,000 6,000 Special Promotions 26,500 20,000 5,000 D'uect Mail 3-QO- 1,000 1,000 Agency Fees/Production Z-00- 35,000 22,500 Contingencv 500 500 5(� Total 188,800 238,994 199,949 (1) Includes:$8,000 for Visitor Guides; $2,OU0 for rate brochures (2) Agency fees and Production included. (3) Direct mail eJCpenses in Postage and Promotional literature . � SALES/SALES PROMOTION 1992 1991 1991 Adj. 9/91 Orig,inal Hotel Expense - Travel 4,000 4,000 4,000 Meal Expense - Travel 1,500 1,500 1,500 Entertainment - Travel 1,000 500 1,000 Meal F.xpense - Loc�l 750 750 750 Entertainment - I.ocal 1,000 1,500 1,000 Airline Expense 2,000 3,000 2,000 Car Rental Expense 1,000 1,000 1,000 Travel ShowsBlitzes 3 400 5 000 4,000 Total 14,650 17,250 15,250 MEMBERSHIPS 1992 1991 1991 - Adj. 9/91 Ori�inal MACVB 200 200 200 MSAE 200 200 200 HSMA 125 125 125 MPI 210 210 210 IACVB 975 975 975 MN FestivaLs Assn. 100 100 100 RCMA 100 100 100 Metro Assn of CVB's 6,000 -0- -0- North Hennepin Chamber 200 200 200 Brookl}m Center Chamber 190 190 190 Fridlev Chamber 185 185 185 � Total 8,485 2,485 2,485 PUBLIC RELATIONS 1992 1991 1991 Adj. 9/91 Orig;inal Public Relations 15,000 10,000 15,000 Local Promotions 8,000 &000 5,000 Total 23,000 18,000 20,000 TOTAL EXPENSFS - ALL ITEMS 1992 1991 1991 Adj. 9/91 Orig�nal 411,949 424,949 377,949 PROJECTED INCOME 1992 1991 1991 Adj. 9/91 Original 3% Tax IncAme 370,000 357,000 310,000 Interest Income 1,000 2,000 2,000 Carryover/Savings , 20,000 45,000 45,000 Joint Venture Grant 20 949 20 949 20 949 Total 411,949 424,949 377,949 � NORTH METRO CUrfVENTION AND TOURISM BUREAU 1992 MARI�TING PLAN L INTRODUCTION In all previous marketing plans we have identified our top priorities as; (1) Idenrify North Metro as part of the Twin Cities Tourism Marketplace; And, {2) an ideal place to stay when visiting the Twin Cities. Our philosophy has been, and will continue to be, that very little, ii any, money will be spent in our � four member communities if the visitor selects accommodations in another part of the Metro area. As with the tourist/visitor, we also know that delegates of ineetings and com�entions will not contn'bute to our local economy if their meeting/convention is not in North Metro. Meetings and Conventions, primarily midweek business, will be high on the Bureaus agenda in 1992. A Sales Manager, reporting to the Director of Sales, will be added to the staff, with the sole responsbility of attraeting meetings and convention business. With Highway #610 now a reality, the expansion of industry in the North Metro . Area will improve our ability to assist the hote�s attract more corporate business meetings. We wish each member cities Economic Development Department, and . the North Metro Mayors success in increasing our industrial base. While we have experienced growth in each of our five years of existence, 1992 is going to present a special challenge for North Metro and it's hospitality industry. While such attractions as the Superbowl, and NCAA Final Four, will be positive, they will be short term. Bloomington's Mall of America, on the other hand, represents a long term attractionfshopping diversion. Although we hope the Mall will not create a major negative impact in 1992/93, we l�o�i� that • it will have an impact Can we entice the visitors we have attracted over the past �ve years to continue to stay with us, maldng the 30 minute trip to Bloomington for their Mall of America. experience? Will we loose local meetings to Bloomington, because the Mall will satisfy spouse programs, and after hour delegate entertainment? The most important thing we must do in 1992 is maintain a positive, aggressive, attitude in promoting North Metro. 9C II. EXPLANATION It would be nice to have a very specific marketing plan, but unfortunately a Convention and Visitors Bureau is a service organizatio� that has little control over it's product Our plan is general, relying on the Marketing Committee to periodicaily review the Bureau's marketing activities, and adjusting it when necessary. IIL TOURISM Twin Cities tourism is primarily weekend visits from persons in Minnesota, adjoining States, and the Can�dian Provinces of Ontario, �nd Manitoba. Intemational visitors are increasing, but to capture them is cc�stly, and they primarily prefer to stay in a city center. In our opinion, North Metro should continue to spend it's promotional dollars in our major markets of Northern Minnesota, North Dakota, Northern Wisconsin, and Winnipeg and Thunder Bay. With existing high-occupancy weekends, our challenge in 1992 is midweek tourists/visitors. Will our challenge be easy? Even the appeal of Twins rickets to their opening midweek series with the Yankees, failed in 1990. If we are to improve our midweek tourism business, we must identify and appeal to potential visitors that can travel midweek. �pecial package plans and discounts will be produced that hopefully will attract to seniors. Budget Visitors Guide Rate Brochures Tourism Advertising Special Promotions Travel Shows/blitzes Local Promotions IV. MEETINGSJCONVENI'IONS : 111 1! 11! 11 ' Ilf fi . 1i 11 �11 tl : 111 11 In 1991, we began our push to attract more meetings and conventions to North Metro. While our advertising brought many positive comments, it created few calls. In 1992, while a small amount of advertising will be continued in Association publications, the major thrust will be direct mail, telemarketing, sales calls, the IACVB lead share program, and North Metro's Second annual Showcase. � � Budget: New Sales Manager Position Meeting Planner Guide revisions Group Promotions Promotional items Meetings Shows � I ' �' � I ' • �� � Phone, incl. U.S and Canada WATS Postage Loca1 meals and Entertainment Travel meals and Entertainment Air, Hotel, and Car Rental Memberships {Business Potential) VL BUDGET Administration Marketing Sales/Sales Promotion Memberships Public Relations Total Budget 1r�l�lk� �I 21,000.00 1,000.00 46,500.00 �,000.oa 3,400.00 3,50Q.00 6,000.00 1,750.00 2,500.00 10,OOQAU 6,510.00 171,065.00 188,800.00 14,650.00 8,485.00 23,000.00 411,949.00 The estimated 3% lodging tax income for 1992 will be $370,OOQ.QO. The estimate is up 19.3% over the original 1991 projection, and 4% over the 1991 adjusted t� income of $357,0�0.00. Income: 3% Lodging tax income 370,000.00 Interest Income 1,000.00 Minnesota Joint Venture income 20,949.00 1991 Carryover 20,000.00 Total � 411,949.00 TO: FROM: SIIBJECT: DATE: FINANCE DEPARTMENT � ��r MEMORANDUM f'• WILLIAM W. BORNB, CITY MANAGER � RICHARD D. PRIBYL, FINANCE DIRECTOR PAIIL S. HANSEN, ACCOIINTANT REFERENDQM LEVY RETURN AGREEMRNTS September 26, 1991 Attached you will find a copy of the 1992 School Di.strict Referendum Levy Return Agreements and the 1992 estimated amounts. The Fridley Housing and Redevelopment Authority reviewed and approved this item during their most recent meeting. The estimated total return amount for 1992, before delinquents, is $376,061.10. This is an increase of 14� from the 1991 estimated return amount, before delinquents, of $330,207.52. In total the increase is estimated at 14� but, per each individual School District the percentage increase varies greatly. Below shows the estimated 1991 amounts, estimated 1992 amounts, and the percentage increase/(decrease): School Estimated Estimated District 1991 amounts 1992 amounts 11 $ 15,852.91 13 $ 29,652.3? 14 $225,087.09 16 $ 59,615.15 $ 17,876.25 $ 26,87?.31 $271,516.41 $ 59,791.14 Percentage Increase/(Decrease) 13� �9�� 21$ 0� The reason the amount due to School District #14 increased by 21�, even though the class rate decreased, was due to the increase of market value of the Northwest Racquet & Swim Club from $5,479,300 to $12,395,900. Each School District should be aware that these are our best estimates at this time. The market values could be reduced through court decisions, abatements or by other means. Also, delinquents averaged approximately 9� in 1990. If you have any questions, please feel free to call. RDP/me Attachment 10 AGREEMENT This Agreement is dated as of January 2, 1992, is by and between the City of Fridley, Minnesota, and Independent School District No. 16, and provides as follows: 1. pefinitions. As used in this Agreement, the following terms have the following meanings, respectively: 9T06 "Citv" means the City :of Fridley, Minnesota. "HRA" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "Proi ect" means Redevelopment Proj ect �To. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.401 through 469.047. "1985 Revenue Bonds" means the HRA's $4,070,000 Tax Increment Revenue Bonds oE 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 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 Refunding Bonds, Series i986, dated as of August 1, 1986. "Z990 G.O. Bonds" means the City's $9,485,000 General Obligation Tax Increment Refunding Bonds of 1990, dated March l, 1990. "Tax Increment Oblicrations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the � � � 9706 .. 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 Oistricts for specified purposes, projects, or parties. "Tax Increment Act" mea�s Minnesota Statutes, Sections 469.174 throuqh 469.179. "�IF Districts" means Tax Increment Financinq District Nos. 1 through 11 within the Project. The attached Exhibit A contains certification dates and other infonaation on the TIF Districts.. NSchool Districtp means Independent School District No. 16, the Spring Lake Park � School District. "�ubdivision" means Minnesata 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 E�chibit B) . 2. �tecitals. (aj 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, 10, and 11 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. (cj None of the property within TIF District Nos. l, 2, 4, 6, and 8 i.s located within the boundaries of the School District. {d) It is the purpose of this Agreement to provide for payment of cer.tain tax increments to the School District pursuant to �a �: 9706 and in accordance with the provision of the Subdivision. (e) Nothing in this Agreement is intended to violate the covenants and aqreements heretofore made respecting the application of tax increments from the TIF Districts pursuant to t}ie Tax Increment Obligations. 3. Representations of the Ci�tv. (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 pledged to the payment thereof. The final scheduled prin�ipal maturity of the 1985 Revenue Bonds is February 1, 1999. (cj The Limited Revenue Note is not a general obliqation 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. (ej 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 10C 9706 and interest on the 1986 G.O. Bonds will have been paid on or before February 2, 1994. (fj 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 l, 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. �epresentations of the School District. (a) On October 8, 1981, the electorate of the School District approved a 5.O mill continuous 2evy first effective for the 1981 , payable 1982 property taxes. This levy is � hereinafter referred to as the N1981 Levy". ' (b) On February 27, 1986, the e2ectorate 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 n1986 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. 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 i�2A as and to the extent received by the HRA, with respect to the tax increments relating to the 1991 payable 1992 property taxes, as follows: (a} TIF District Nos. 9, 10, and 11. Since TIF District Nos. 9, 10, and 11 were requested for certification after May 1, 1988, the Subdivision does not apply to those 4 10D 9T06 Districts, and no tax increments attributable to the 1981 Levy or the 1986 Levy from those Districts are payable to the School District. (b) �'IF District No. 7. Since the 1981 Levy and the 1986 Levy were approved prior to the date of certification of TIF Oistrict 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 �o the School'� District. (c) �TF 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 Oistrict. Pursuant to clause b(2j 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) TIF 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 Acxreements. .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 Agreement 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 5 10f obligations. Nothing in this Agreement shall restrict the City or the HI2A in the exercise of the powers which they may have relating to the Project or the TIF Districts. In addition, the City and the School District aqree that the provisions of paragraph 5 providing for payment of tax increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1991 payable 1992 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 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. 16 School Board Chair Superintendent 9T06 6 10F E}QiIBIT A Schedule of Tax Increment Financinq Districts Within Housing and Redevelopment Project No. 1 of the Fridley HI2A ��F District 1 2 3 4 �� 6 7 8 9 10 11 9T06 ame Center City Moore Lake North Area Johnson Printing/ Skywood Mall Paschke Lake Pointe Winf ield Shorewood onan/old Central Northco Phase III Osborne Crossings Certif ication Date 5/11/79 7/31/81 5/19/82 0 10G 1/20/84 3/15/84 12/24/85 10/22/86 10/24/86 9/7/89 4/10/90 8/9/91 Independent School District No. 14 13/14 11/ 16 13/ 14 16 13 16 14 16 16 36 EXHI3IT B �EC. i:. �:-�E=C:E S:EL::ES �tCC'a �SC� S��?�t'E::� =ec::c� :5?.?i7, s_�e:c:s=c� 30, °_s a^e -�t� :o :eac: S_'_'C. ?�. 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Of :-•CIf.':.2T.t EC�2 � t0 i}2 �T.C:E::.E:�� t::L.t �5 Lt:'1�:;_c°J�E �O tY.e ir.c:ezse :� �42 :cX CL:LCl�f iL�C L':CEL L.`.0 :2i°_:E: CL`1. �:Y.e a�cLats of t`:e�e ir.cre-e�ts ::ay be expen�ed �::d ' -cst }•e tzeated by t?:e sc!:eel distr?ct in t!:e sa-e �a.^.rer as prcviced fcr t`e re:•en�es ceri�ed frc� t.*.e referer.�L:a levy app:cred iy t`e vcters. :.`.e �rovis?c�s of this subdivisic� �cp?� to p:o=ects fer _y:ci ce:tif?cat?en �:as reqLested �efore. C1, 2:O 2i:lf n::C�S: 1, �Si�- �ou n AGREEMENT This Agreement is dated as of January 2, 1992, 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 Agreement, the following terms have the following meanings, respectively: "Citv" means the City - of Fridley, Minnesota. " i�RA" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "Proj ect" means Redevelopment Proj ect 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 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 Refunding Bonds, Series 1986, 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 Obliqations" 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 9795 101 Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "�ax Increment Act„ means Minnesota Statutes, Sections 469.174 through 469.179. pTI� Districtsn means Tax Increment . Financing District Nos. 1 through 11 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Independent School District No. il, 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 agree�nent 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 DistY'1Ct NOS. 1� 2� 4� 5� 6� 7� 8� 9� lOj and 11 is located within the boundaries of the School District. (d) It is tY to provide for increments to the and in accordance Subdivision. e purpose of this Agreement payment of certain tax School District pursuant to with the provision of the (ej Nothing in this Agreement is intended to violate the covenants and agreements heretofore made respecting the application of 9705 �� tax increments from the TIF Districts pursuant to the Tax Increment Obligations. 3. �epresentations of the Citv. (aj The Tax Increment Obligations were issued to finance various activities of the HRA within the Project. (bj The 1985 Revenue Bonds are not qeneral 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 ginal scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. (cj The Limited general obligation of is payable solely from for such purposes from Revenue Note is not a the City or the HRA•and � tax increments pledged �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 thase Bonds was February 1, 2000. However, on February l, 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 and interest on the 1986 G.O. Bonds will have been paid on or before February Z, Z994. (f) The 1990 G.O. tax increments derived 1, 2, 3, and 6, principal maturity 2009. Bonds are payable from from TIF District Nos. e final scheduled Bonds is August 1, and th of those (g) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, 9705 1�K 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 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 H1987 Levyn. (c) According 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. Payment of Tax �ncrements to School District. The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax inc.rements 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 1991 payable 1992 property taxes, as follows: TIF 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. 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 Agreement 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. Nothing in this Agreement shall restrict the 9705 1�OL City or the HRA in the exercise of the powers which they may have relating to the Project or the TIF Districts. In addition, the City and the Sciiool District aqree that the provisions of paraqraph 5 providinq for payment of tax ittcrement to the School District shall be limited to and shall apply only to such tax increment attributable to the 1991 payable 1992 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 agreements 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 WZTNESS WHEREOF, the City and the School District have caused this Agreement tn be executed by their duly authorized representatives. CITY OF FRIDLEY, MINNESOTA Mayor City Manager INDEPENDENT SCHOOL DISTRICT NO. 11 School Board Chair Superintendent 9705 1(�M � 0 A EXHIBIT A Schedule of Tax Increment Financing Districts Within Housing and Redevelopment Project No. 1 of the Fridley HI2A TIF District 1 2 3 4 9705 5 r 8 9 10 11 ame Center City Moore Lake North Area Johnson Printing/ Skywood Mall Paschke Lake Pointe Winfield Shorewood Onan/Old Central Northco Phase III Osborne Crossings 10N Certification 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 8/9/91 Indegeiident School District No. 14 13/14 11/16� 13/ 14 16 13 , 16 14 16 16 16 EXHI�IT B 5ec. �:. �_--esc:a Stat_:ES Stcc:d le-� c-:'?+�-e::, :EC::c� ::?.'_i7, s_�civ?s:c� 30, '_s aMe ,ce3 ;a :eac: 5_:�. ?:. (: �Y:'.:1? _O SC: tY*. :G� :,:: _: =:��i::S *_=i's • ) (� •.`.• -:c�:s?c-s c= ;5zs sr�c:�'_s=c� a�=?y :o ttx ?-c:e-.e :: f?-t: ci-Y c:s::-cts a:d r=c;ee:s .e: -3ic:� ce::f�icat=ca �as :E:_ES:Ed . �e±c:e Y.ay ?, 3=E8, t.`.st a:e leca:td !a a sc`.oc3 ets:r:e: t� �;�jC� :::C S'G:E:S }:L`.'C t��:Cttd .:lV LtX CErlGS.f :�:ES �= t7 . • 3'C:lESL 1:1 :EX CL�C=:f :Z:tS L::t= L�:G :LX �.:CZt =t«: �i� ���� �% ' dis;;:ct �FS ce:tified_ � (3) (]) ?f t?:e:e are ^a o��tsts-C=^� 3c::cs ca :!�y l, ±tEg� . :o -5:c� i: c_ewc: t f:ca t�e c:s:ric� ?s �les4td, er :z} 's� t•`•e SEff:E :CrL':] is a�:scctd afttr '!ay l; �15E8, s: d t3:eze a:e :.o bc-�s ` c::t::�:c::q a: :*e ti�e :`e =t�e:e-c:•� is n:::C�ECr t•`•E: -e:e iss:ed =efe;e ,v,Ef 2, 1epg, ar-;=j'---��e-r�-e:er.�e..: _r.c:t�=�-; •::t-:_z-c�;�t-t7-_::e-was-�::•eYe�'-nf:�t-;=e-�a:t-rtcna=--a==e e:-__-e�-sc-Y=:c::-:-c:e-=-=-_ce�-:: e-e?st::t:-:�-:_te:e=:- =- �=--=�"t=7'e:":'-i'';:==e:z t•`•e aLt�crity w::st a-: �al?� :�� :o t`e =c~oel cistz:c� a� awet :t ef i. cztwen� !CL'L�. :o t*e � i::c:e�e::t t`�t is attri�ut�ble to t�e i:,creast i� :`e tax � . c�:zcity ra:e Lacer the re_`tre;.c::a. � (2L Yf c?zc_e f3j-e: �_?e� (1) cces .-.c� aa�ly, cnea �.�:eval by a-:ajcr:tf �c:e of :::e 5c�ezai:g hccy cf t}:e :..::�ici:a3ity 2'� tY.e SC~001 �CEId� L�C av:.*.erity �::st �ay ta t�e sc�eol dis:rict L:1 c=C� :t Of i:-ci� �er.t ECL'L1 t0 ty:C :: C:E:..E+�� t::Lt :5 nttzib:::t�le :o :!:e ir.crease 3a t.`.e ;�x c�:tcit/ :L�C L' :CEf :t<= referE-c���. � (c ;te �-o::�ts of t.*.ese ir.cre:nents «.ay be exper.ced a^d �ust be t:eated by t}:e scl:eol d:strict in t}:e sa-e -a::r.er �s ?zcv:ced fcr tLe re�enLes cerived frca t}e referer.�La levy app:c�ed ty t::e teters. T`:e provisicns of t'�is sLb.dicis?ca aFp2y to pzo;ects for �`�?cy cezti'ication �as ze�Lested _efcre. e�, s:a 2iter ::::c::st 1. 19�9. 10O AGREEMENT This Agreement is dated as of January 2, 1992, is by and between the City of Fridley, Minnesota, and Independent School District No. 14, and provides as foliows: 9707 1. Definition�s. As used in this Aqreement, the following terms have the following meanings, respectively: "Citv" means the City =of Fridley, Minnesota. "HRA" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "Project" means Housing and 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 8onds 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 $].1,550,000 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 Inczement Refunding Bonds, Series 1986, dated as of August 1, 1986. "1990 G.O. Bonds" mean� the City's $9,485,000 General Obligation Tax Sncrement Refunding Bonds of 1990, dated March 1, 1990. "Tax Increment Oblictations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the 10P � 9707 1990 G.O. Bonds, and any other contractual obligations of ttze HRA or the City which were entered into priar to the date of this Aqreement and which commit the use of any tax increments from the TIF Districts for specified purpases, projects, or parties. "�ax �ncrement Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Districts" means Tax Increment Financing District Nos. l through 11 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "Schaol District" means Independent School District No. 14, the Fridley School District. � NSubdivision" 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 referenduYa 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, 10 and 11 is located within the boundaries of the School District. (d) It is the purpose af this Agreement to provide for payment of certain tax increments to the School District pursuant to 2 10Q 9707 and in accordance with the provision of the Subdivision. (e) Nothing in this Agreement 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 Obligations. 3. Representations of the Citv, (a) The Tax Increment Obligations were issued to finance various activities of the HRA within the Project. (bj The 1985 Revenue Bonds are not general obligations of the City or the HRA. Tax increments fro�n 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 l, 1999. (cj The Limited Revenue Note is not a general obligation of the City or the HRA and is payable solely from tax i.ncrements 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 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 10R 9707 and interest on the i986 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. • (qj 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. �tearesentations of the School District. (a) On September 23, 1986, the electorate of the School District approved a 2.0 mill continuous levy first effective for the 1986 payab2e 1987 property taxes. This levy is hereinafter referred to as the "1986 ���� (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 additiona2 6.5 �ill 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 levies the tax. capacity rate equivalents of 2 mills and 13.5 mills are .02261395 and� .15264411, respectively. 5. Pavment of Tax Increments to Schoal 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 respec� to the tax increments relating to the 1991 payable 1992 property taxes, as follows: 4 10S 9707 (a) �IF District 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 outstandinq to which increment from TIF District No. 8 was pledged, the tax increments from TIF District No. 8 which are attributable to the 1987 Lev,ies are automatically payable and shall be paid to the School District pursuant to clause b(1) of the Subdivision. Since the 1986 Levy was approved.prior to the 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 attributable to said Levy from this District are payable to the School District. (b) TIF District No. 4. 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 1987 Levies shall be paid to the School District. (c) TIF District Na. 2. 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. (dj TIF District No. 1. Pursuant to clause b{2) of the Subdivision, the tax increment from TIF District No. 1 which is attributable ta the 198b Levy and the 198'� Levies shall be paid to the School District. 6. Further Agreements. Nothing in this Agreement is intended or shall be applied i�n 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 Agreement 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. Nothing 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. � 10T In addition, the City and the School District agree that, except in each case described in paragraph 5 of this Aqreement where payment of tax increment to the School District is mandatory pursuant to clause b(1j of the Subdivision, all other provisions of said paraqraph 5 providing for payment of tax increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1991 payable 1992 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 agreements as may be permitted by law and which are acceptalile to both the City and School District with respect to discretionary payments oi 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. CTTY OF FRIDLEY, MINNESOTA Mayor � City Manager INDEPENDENT SCHOOL DISTRICT NO. 14 School Board Chair Superintendent 9707 6 10U � EXHIBIT A Schedule of Tax Increment Financinq Distri�ts Within Housing and Redevelopment Project No. 1 of the Fridley HRA TIF District 1 2 3 4 5 6 7 8 9 10 11 9707 Name Center City Moore Lake North Area Johnson Printing/ Skywood Mall Paschke Lake Pointe Winfield Shorewood Onan/Old Central Northco Phase III Osborne Crossings 7 Certification Date 5/11/79 7/31/81 5/19/82 . 10V 1/20/84 3/15/84 12/24/85 10/22/86 1Oj24/86 9/7/89 4/1Oj90 8/9 f 91 Indepe.ndent School District No. 14 13/14 11%16 13/14 16 13 16 14 16 E�� F�� EXHIBIT 3 StC. i:. v?"ESC:3 S:L�_:ES StCL�d ltt� ��. �?E�.E::� sEC:`_c� :5?.2i7, s-�c:cis:ca 30. :s a�e �ce3 :o :ea�: �_�=. ?.. (: i`_':!c�= .=0 SC: C�.''L :Ci �__ _ s:•�i::�S 1='vz, j SE :`• -:c vi=°_c-s c_ t'�=s sL�c'_�:='-c� a:_?p :o t�x =:c:e �t: L f3-t: ci-y C_S:::C:S t.:b ��C�EC:S �CZ �:��C:'� CE:.�i1C�:�t:1 tf5 SEi�ESLEd , . �ZfC:t �8Y ?� �LtS� :�LL L�C �CCE:Ed i:l II SC�OCS CL=i:f.C: �:1 -•::1C:1 :iQ YC:E:S i LSC E��:C�Ed «E:i �2X CE�LC�:f :2:E5 C! t.7 ' • • 1'C:tES! -:1 :tX Ct:EC1:f :L:ES E:�E: L}:G :tX 1�C:E: tT.� �'=•='�-%Gi =9 • e:st::c: ��s cez:"sfitd_ • - t_1 tl) Z� t::e:e t:e -o c:::s:a: C?::q bc��s ca :!ny 1. 1ecg, . :o -5jca i:r:ewer.t f:ca t.`.e c:str=c: 'ss p?ecced, or ;c'- if t•`•t :ef=:e-c�� :s t__sc�td af:cr :!ay l: �1`f8. n:d t}eie a:e r.o bc-�s _ -. c::;s:� :c?: g at :"e t:�e :::e s�?eze :c�::z :s t; �:ec�d, t`Et =;eze �SS::EC �ttCl� vE� 1� 1CC8� Z�-�%i-._-:�G-:GCtCt'.Lt.» _'.C:t__' � ��o-.�z-ce_�c=:r-_ate-YS�- =_re�r�d-a'_:e:-=�e-roa;-:tceat-==a=e ' c=-__..:s-:a-�=:c�-_-c:e-t-�-=re�-:�e-e::t:?c=-j�-:-te;ce:---- CC..__..-{�j-CL�{C1-`��=-�2? ��:8 EL`iLCI1�f w::5� 8::.:�211� �2f t0 L~C SCtCGti QISit:cC� �7 �»CL`: t Ci l.:•CIt:+�ETi� ECL'LZ LO L�:C . i: c:e �e^t i`at is attri�utable to :::e i::crease ia :�e tax � . c�pacity ra�e cncer t?:e ze:gzer.c�a. � (2 if c�aL�e ;?j-e::=:e� (1) cces :et ap�ly, c?�� ��:=0��1 • by a-ajcr?ty �o�e ef �.`.e 5c�e:�i: g bccy cf tte .�.::aici_alitf e: d . t}:e sc':ooi �card, t':e zv�}er'sty �::st :aY �a t':e scheol district aa z-.e�^t of ::�crE �er.t eccal to t*e :r.c:e-.e�t t`tt :s LLiI_�::tcS�C LO L�e 1T.C:ease ia :.`•e :cX CcLLCl�f Z2�C L' :CCf L:C refe:e-c=�. (c :re tr..oLr.ts of t!:ese _::c:e-eats r..ay be exper,ced a�d �LSt �e t:eated by :.}:e school dist:ict in t?:e sa-e ^aar.e: as �rc�'_ced.fcr L`e re�en::es cezi:ed frca t!:e referer.�ra levf app:c�ed �y t�e �ciers. �`:e pre�is:c:s oF this sebdivisica aFp3y to �:o;ects fer -'�=c'� certiF_catic� �as ree::ested �efere, e�, e-d a!:e[ �cc::s: 1,~15�9• '14U/ ■� This Agreement is by and between the Cit School District No. 13, 9708 AGREEMENT dated as of January 2, 1992, is y of Fridley, Minnesota, and Independent and orovides as follows: l. Definitions. As used in this Aqreement, the following terms have the following meanings, respectively: "Citv" means the City = of Fridley, Minnesota. " i�RA" 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 HI2A 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 l, 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 $1i,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 Refunding Bonds, Series 1986, dated as of August l, 1986. "1990 G.O. Bonds" means the City's $9,485,000 General Obligation Tax Increment Refunding Bonds of 1990, dated March l, 1990. "Tax Increment Obligations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the 10X 9708 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 Tncrement Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Districtsn means Tax Increment Financing District Nos. 1 through 11 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. 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) 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, 10 and 11 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 2 10Y 9708 and in accordance with the provision of the Subdivision. (e) Nothing in this Agreement 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 Obligations. 3. Representations 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 pledged to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February l, 1999. ts (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. 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 10Z 9708 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 l, 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 �chool 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 ���� . (cj 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. 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 4 10AA 9708 as and to the extent received by the HRA, with respect to the tax increments relating to the 1991 payable 1992 property taxes, as follows: (a) TIF 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) oi 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) TIF 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, (c) TIF 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 AQreements. 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 Agreement 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. Nothing 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. 5 1 : � In addition, the City and the School District e tr f ttax the provisions of paragraph 5 providinq for paym increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1991 payable 1992 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 good faith such further agreement or agreements as may be permitted by law and which are acceptable to both the City and School District wi�h respect to discretionary payments of such applicable tax increm�nt to the School District. IN WITNESS WIiEREOF, 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 10CC � EXHIBIT A Schedule of Tax Increment Financing Districts Within Housing and Redevelopment Project No. 1 of the Fridley HRA TIF District 1 2 3 4 5 6 7 8 9 10 11 ame Center City Moore Lake North Area Johnson Printing/ Skywood Mall Paschke Lake Pointe Winfield Shorewood onan/old Central Northco Phase III osborne Crossings 9708 7 Certification Date 5/11/79 7/31/81 5/19/82 10DD 1/20/84 3/15/84 12/24/85 10/22/86 10/24/86 9/7/89 4/10/90 8/9/91 Independent School �District No. 14 13/14 11/16 13/14 16 13 16 14 16 16 16 EXHIBIT B Sec. �:. �?--esc:a S:tt::ts SECC:d 2t=9 5_=='t�t:;, SEC:°_C� ::?.�i7� 5_�C.�:S:C7 i0• �S EMt�CE7 :O �tE�1 c_'_'.=, aJ, j'r:.:':'.:`= :O SC'r'tti'*. =C� : -_ _ :`•��:'S '_-�'_ � 1t2, _.`.t -:C7:c:C'S C� :��5 S•��C�9= S=CI f� �� f :O :fX �: C�E'E:.: fS'f: CI'y C:S:S_C.S E'tj �CO�tC25 �Cf �:lSC]1 GE::�i?CE2�C:1 t�5 SE��ES�Ed , .L.tFC:e ':EV �� ?=�8� .:2� E:e ?Ctt:td =1 a SC«oC? 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T � C U � O m U C � `O o m C Q Q m T L � H iv � E O � m C !N 3 m A ¢ � � � a. m U X � � O � � � U O � � � W d O > � C G) o � U N �y (O 3 a�i T � d � J L m >. � � � � n m � �"' �' v � m 0 N � � c v C m m m � � v c m m m c`C m �. m > A y ca 3 T > N J � N CD � � 0 N � m t H C7 m iu v m � O O o`. U m > O n a m m m 3 H m > N m t � R T o_ d � o �° C � O `. U m N (� � � v 3 c d ` m m N � � m m L = � .�.. O v � m h 7 N U 0 c N � � � a v � O � O ^ t � � � m � t � 0 0 N � fl y � O Q O � � U � -- � ia > � � O S] > > Q N v � m U N U O LL �-' 0 � n. n co 0 C H m O � O C O N _� V p � N r � Q> a�0 (D O� v m - � T m � m m N � (��D 10HH a m t — c �' m m � � c m � m � O � � � �. C � ° n � � � m � m � m Q c m cQ o ia � o � Y c — m m m o. �j m ° c L Q — � � � C d � n' o � Y N � J N m 0 � t m � m m � C � 11 m �= U ci7 N O � 3 N --� A ¢ C r C O c 3 � o c 7 'Y Q y N C m X d � �9 � .^_. FINANCE DEPARTMENT � � MEMORANDUM TO: WILLIAM N. BIIRNS, CITY MANAGER v'� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SIIBJECT: "A�� FRAME LEASE - SCHOOL DISTRICT NO. 14 DATE: September 25, 1991 � School District #14 would like to renew the lease for the "A" Frame building located at North Innsbruck Park, Arthur Street. The lease would include the same terms as the agreement dated September 10, 1990. The lease will run from September 1, 1991 through May 31, 1992. If you have any questions concerning this matter, please let me know. RDP/me Attachment 11 AGREEMENT OF LEASE This agreement, made this day of , 1991, by and between the City of Fridley (hereinafter designated as "Lessor") and Independent School District No. 14, (hereinafter designated as r'Lessee"). WITNESSETH: That the Lessor, for and in consideration of the terms, covenants, rents and conditions, herein mentioned, to be paid and performed by Lessee, does hereby demise and let on to said Lessee, and the said Lessee does hereby hire and take from the Lessor the following described premises situated in the City of Fridley, County of Anoka, State of Minnesota, to-wit: The "A" Frame building located at North Innsbruck Park, Arthur Street, Fridley, Minnesota To have and to hold the same just as it is, without liability on the part of the Lessor to make alterations, and improvements or repairs of any kind in and about the demised premises, except as and if otherwise set forth herein, beginning September l, 1991 through May 31, 1992; l. Lessee agrees to and with Lessor to pay Lessor as and for the rent for the above-mentioned premises monthly installments of $555 each month, in advance, on the first day of each and every month during the full term of this Lease at the office of the Lessor or at such other places as Lessor may in writing designate. In addition to the rent specified in the preceding paragraph, 11A Lessee agrees to provide for the cleaning of the building's interior, the maintenance of the side walks and the upkeep of the lawn. Further, the Lessee shall promptly pay the costs of all utilities, including but not limited to, electricity, natural gas, telephone,m sewer, water and refuse removal. The Lessor agrees to provide all snow removal for the parking lot which is immediately adjacent to and which services the demised property. 2. Lessee shall procure insurance on the contents of the building during the term of the lease. 3. Lessee covenants and agrees that it will make no structural change or major alteration without the lessor's consent, which consent shall not be unreasonably withheld. The Lessee further covenants that it will promptly pay for any such alterations, repairs or maintenance ,made to the demised properties so that no mechanics liens will be filed against the property. 4. Lessee agrees to pay all special requirements for utilities such as gas, steam, water and electricity. Charges for such utilities shall be paid by Lessee and in the event such charges are not paid when due, the same shall constitute a default hereunder on the part of the Lessee. 5. Lessee agrees that it will not sublet the demised premises or any part thereof, and will not assign this lease or any other interest therein. 6. The parties hereto mutually agree that if the demised premises are partially or totally destroyed by fire, or other hazards, then Lessor may, but is not obligated to, repair and 11B restore the demised premises as soon as is reasonably practical, to substantially the same condition in which the demised premises were before such damage. 7. Any trade Pixtures, equipment and other property installed in or attached to the demised premises by or at the expense of the Lessee shall remain the property of the Lessee and the Lessor agrees that the Lessee shall have the right at any time and from time to time to remove and and all of its trade fixtures, equipment and other property which it may have stored upon or affixed to the demised premises; provided, however, that in the event of such removal, Lessee shall restore the premises to substantially the same condition in which the premises were are the time Lessee took possession. 8. Lessee agrees to pay to the Lessor on demand, the cost of any repairs to the premises if such repairs are made necessary by Lessee's misuse or negligence, or the misuses or negligence of Lessee's guests. Lessee agrees to make the aforementioned payment no later than the first day of the month following notification from the Lessor of the Lessee's responsibility for this payment. 9. The Lessee agrees to promptly notify the Lessor of any dangerous conditions in the premises provided by the Lessor. 10. The Lessee agrees to vacate the premises on or before the termination date of this Lease or any renewal or extension as prvvided by this Lease. If the Lessee fails to vacate on or before the required date, he shall be liable to the Lessor for any and all losses incurred by the Lessor as a result of such failure. Upon vacating, the Lessee agrees to leave the premises in the condition 11C at the commencement of the tenancy, ordinary wear and tear excepted. 11. Lessor shall at all times have the right to enter upon said premises to inspect their condition and at his election to make reasonable and necessary repairs thereon for the protection and preservation thereof, but nothing herein shall be construed to require the Lessor to make such repairs, and the Lessor to make such repairs, and the Lessar shall not be liable to the Lessee for failure or delay in making such repairs, or for damage or injury to persons or property caused in or by the making of such repairs, or the doping of such work. 12. If the Lessee shall make default in any covenant or agreement to be performed by it and if after written notice from Lessor to Lessee, such default shall continue for a period of five (5) days or if the leasehold interest of the Lessee shall be taken on execution or other process of law, or if the Lessee shall petition to be or be declared bankrupt or insolvent according to law, then, and in any of said cases, the Lessor may immediately or at any time thereafter, without further notice or demand, enter into and upon said premises or any part thereof and take absolute possession of the same fully and absolutely without such re-entry working a forfeiture of the rents to be paid and the covenants to be performed by the Lessee for the full term of this Lease and at Lessor's election, Lessor may either lease or sublet such premises or any part thereof on such terms and conditions and for such rents and for such time as the Lessor may reasonable elect and after crediting the rent actually collected by the Lessor from such re- 11D letting, the Lessee, its respective heirs, legal representatives, successors and assigns, and interests shall be liable to the Lessor for any balance remaining due on the rent or reserved under this lease, or the Lessor may at his option, declare this Lease forfeited and may take full and absolute possession of said premises free from any subsequent rights of the Lessee. That in the event of default by the Lessee, Lessee shall compensate the Lessor for all reasonable attorney's fees, expenses and costs incurred by the Lessor in either reacquiring possession of the property or for bringing an action for recovery of unpaid rent. In the event that the Lessee vacates the premises and defaults in any of the terms of this Lease without giving formal notice of termination of the Lease, the Lessor has a right to reenter and take possession of the premises. 13. Wherein in this Lease it shall be required or permitted that notice or demand be given or served by either party to this Lease to or on the other, such notice or demand shall be given or served and shall not be deemed to have been given or served unless in writing and forwarded by mail addressed as follows: To the Lessor: Fridley City Manager Fridley City Hall 6431 University Avenue N.E. Fridley, Minnesota 55432 To the Lessee: Independent School District No. 14 6000 West Moore Lake Drive Fridley, Minnesota 55432 11E Such addresses may be changed from time-to-time by either party by service of notice as above provided. 14. The Lessor and the Lessee agree that all of the provisions hereof are to be construed as covenants and agreements. 15. Where appropriate, singular terms include the plural, and pronouns of one gender include both genders. 16. In the event that non-public-funds are terminated or significantly reduced which causes one program to prematurely close, the Lessee shall notify the Lessor and shall be allowed to terminate the lease within thirty (30) days due to the lack of funds. IN WITNESS WHEREOF, the Lessor and Lessee have caused their respective names to subscribed to this Lease on the day of , 1991. LESSORS: City of Fridley BY: William J. Nee ITS Mayor LESSEE: INDEPENDENT SCHOOL DISTRICT NO. 14 BY: Dennis E. Rens ITS Superintendent ��F Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: William W. Burns, City Manager �:'-' PW91-288 FROM: John G. Flora,�Public Works Director DATE: September 26, 1991 SUBJECT: Menards Waterline In response to the letter we received from Bill Payne of the Menards Company on September 12, 1991, I sent him a proposal requesting easements on the Menards property. The first easement was for the existing sanitary line running behind and on the south side of their property. The second proposal was a widening of that easement in order to provide for a 12-inch waterline to be placed behind their store and as an alternate, a request for a 30-foot easement in the front of their store through the parking lot in order to provide for the waterline extension. I have attempted to contact Mr. Payne a number of times since the letter of September 19, 1991, but have not been successful. As an alternative to eliminating the dead end loop and providing for necessary water flow and pressure to the commercial development in that area, we have investigated some alternative proposals. The original proposal was to extend the line behind the Menards store through their storage area, behind the Skywood Motel and looping the waterline on 52nd Avenue. This project was bid at $78,570.00. This does not include the current easement demand that Menards has suggested of $10,000.00. As an alternative, we attempted to provide for a 12-inch waterline through the Menards parking lot and extended into the existing utility easement in front of the Skywood Motel and connecting before 52nd Avenue. This is estimated at $63,000.00. It appears that Menards will not provide us the necessary easement, but if they did, I expect a claim for at least $20,000.00. Since we have not been able to deal with Menards in obtaining easements, we have looked at what right-of-way and easements are available and found that we can place a waterline along the Cheri Lane right-of-way then up 53rd Avenue to the existing Skywood / � CfiYOF FRIDL.EI( 12 Page Two - PW91-288 utility easement and down the utility easement to provide for the loop system. This alternative is strictly within available right- of-way and would allow us to install a fire hydrant near the intersection of the Ground Round, provide for connecting the existing two fire hydrants in front of the Skywood Shopping Center to the 12-inch line and the placement of a hydrant on 52nd Avenue behind the motel to provide for fire protection as well as drainage and flow on the end of the system. The project requires excavating a portion of Cheri Lane and therefore it is proposed that concrete curb be installed for that portion of the improvement project and the Cheri Lane service road can be repaved for increased benefit in that area. The approximate costs for the waterline improvements is $72,000.00 and an additional $7,000.00 for the street upgrade. As an option to the waterline extension, we did investigate the possibility of installing pressure reducing valves at the junction of the intermediate and high level water systems on 52nd Avenue. This would require construction of a large pit containing various valves and pressure reducers. Estimated cost would be $35,000. While this is feasible, it is not a fail-safe system as experience has proven pressure reducing valves have a tendency to stick and fail, which could result in draining the high level system reservoir thereby eliminating fire protection and pressure to that area. Accordingly, we do not favor this option. The Skywood Lane Waterline Extension Project No. 220 includes I-694 feeder line water connection and the Menards line. latest contract award date is October 6, 1991. Since this is last Council meeting prior to that date, we would recommend City Council award the contract to Northdale Construction at bid price of $108,632.00 and authorize a change order to contract for $ S; d'7S ; a� to incorporate the relocation of Menards line along the Cheri Lane right-of-way. In the 1990 Capital Improvement Pro,gram, for this work. Since the project was no year, it was carried over to 1991. JGF/ts 12A the The the the the the the $150,000.00 was identified t able to be completed that i� BID PROPOSALS FOR SRYWOOD LANE WATER EXTENSION PROJECT NO. 220 WEDNESDAY, AUGUST 7, 1991 13:00 A.M. BID TOTAL PLANH�LDER BOND BID COMMENTS Northdale Construction 14450 Northdale Blvd Rogers MN 55374 Bonine Excavating 12669 Meadowvale Road Elk River MN 55330 Meyer Contracting Inc 19145 Vassar Street Forest Lake MN 55025 Brown & Cris Inc East Frontage Road of I-35 19740 Kenrick Ave Lakeville MN 55044 Volk Sewer & Water 8909 Bass Creek Court Brooklyn Park MN 55428 Glendale Contracting Inc 3030 Harbor Lane Plymouth MN 55447 Penn Contracting Inc 1697 Peltier Lake Drive Centerville MN 55038 5% �$108,632.00 $103,832.00 5% $123,466.91 $117,138.91 5% 0 5% 0 $124,645.80 $117,445.80 $125,309.05 $124,909.05 5% $130,582.02 $121,482.02 5% I$141,929.50 $137,029.50 5% I$145,348.65 $141,828.65 American Ductile Iron Pipe 12112 Lynn Ave S PO Box 278 NO BID Savage MN 55378-0278 CCS Contracting 1399 10th St NW #304 New Brighton MN 55112 Hydro-Con PO Box 129 North Branch MN 55056 Midwest Asphalt PO Box 5477 Hopkins MN 55343 Water Products 15801 West 78th.St Eden Prairie MN 55344 NO BID NO BID NO BID NO BID 12B Ju�e 1. y 990 '"��`':::' 1990 CAPITAL IMPROVEMENT PROGRAM PROJECT AREA '1��11�.:1 63RD AVENUE BOOSTER PUMP 6TfH AVE./OAKLEY WATERLOOP DESIGN 8� LOCATE WELL #14 DESIGN 800STER STA.-WELL #12 ELEVATED WATER TANK GROUND WATER INVESTIGATION REPAIR OF 3 MG RES., PH !! SKYWOOD IANE FEEDER LINE UPGRADE WELL NO. 12 WELL REPAIR�, 5 & 10 WATER UTit_(TY WATER UTIL.ITY WATER UTIUTY WATER UTIUTY WATER UTIUTY WATER UTIL.ITY WATEA UTlUTY WATER UTIIITY WATER UTf UTY WATER UTILITY TOTAL PROJECT FOR 1990 12C 75,Q00.00 13,000.00 19,515.00 27,479.00 1,313,886.00 25,000.00 289,000.00 150,000.00 13,000.00 54,114.00 1.979.994.00 13 14 15 � � FOR CONCURRENCE BY THE CITY COUNCIL GAS ..�ERVICES Fredrickson Htg & A/C Inc. 3650 Kennebec Dr Eagan, MN 55122 GENERAL CONTRACTOR Elcon Inc. 8794 Alexander Rd Batavia, New York 14020 Kranz D J Co Inc 2033 West Broadway Minneapolis MN 55411 Lantis Construction Inc 8570 Darnel Rd Eden Prairie, MN 55347 Madison Inc. 8500 New Sapulpa Rd Tulsa OK 74131 Reliable Builders Inc. 3745 Drexel Court Eagan MN 55123 HEATING Fredrickson Htg & A/C Inc. 3650 Kennebec Dr Eagan, MN 55122 Hatton and Rowe Inc 2126 2nd Ave Anoka MN 55303 Northwest Sheetmetal Co 2136 Wabash Ave St Paul MN 55114 Sweeney, Jim Service 23117 Durant St East Bethel, MN QOS Geo Fredrickson Ed Leising Lawrence Elsen Bruce Holten John Fidzuilson Scott Holm Geo Fredrickson David Rowe Rodney Albers Jim Sweeney . 15A LICENSES CLYDE WILEY Bldg/Mech Insp DARREL CLARK Chief Bldg Ofcl Same Same Same Same CLYDE WILEY Bidg/Mech Insp Same Same Same � MASUNRY Mrozik Construction Inc 10604 Radisson Rd Blaine, MN 55434 PLUMBING Custom Plumbing Inc. 12711 Hilloway Rd Minnetonka, MN 55343 Marty Bros 9436 Quaker Ln Osseo MN 55369 State Mechanical Inc 5050 W 220th St Farmington MN 55024 Jack Tucci Ted Linden Ralph Mariy Marv Heintz 15B DARREL CLARK Chief Bldg Ofc1 STATE OF MINN Same Same 15C � � OWNER FOR CONCURRENCE BY THE CITY COUNCIL September 30, 1991 LOCATION OF BUILDING DUPLEXES & SINGLE FAMILY DWELLINGS: DONALD FINDELL APARTMENT MGMT PLUS n JUDITH RICKHOFF ARNOLD ASPENSON R. SNIITH & J. WEBER WILLARD GUIMONT JOHN BLAHOSKI HAR-WILL INC MULTIPLE DWELLINGS: J. THOMAS & M. KOLODJSKI MORTIMER 5TURDEVANT JASON SCHUTZ MARVEY MAYER PHILLIP WILLSON GREGG HINZ DONALD FINDELL PRITHIPAL & BASH SINGH MAX PETERSON RODGER & LA VEARLE CAREY ALLAN & PAMELA FEHN NORMA WILLSON BRUCE HERR.ICK TOM BLOMBERG DR. M.B. THURAISINGHAM DONOVAN & SHARRY ELIAS n GURMEET & DALEET GANDHOK MARK CLASEN THOMAS & MARGARET BRICKNER JEROME DOLD MARK AKBARI STEVEN CHIES ROBERT DOVE J. THOMAS & M. KOLODJSKI JERRY & BARBARA MCNURLIN JUDITH RICKHOFF KENNETH OHNSTAD GERALD FOSS TODD FOSTER 6634 CENTRAL AVE 5701 HWY 65 995 LYNDE DR 6008 2ND S'r 6510 2ND ST 6551 2ND ST (90) 5980 3RD ST 105 58TH AVE 415 74TH AVE 6400 ABLE ST 7301-03 ABLE ST 7379-81 ABLE ST 7431-33 ABLE ST 6444 BAKER ST 6600-04 CENTRAL AVE 6640 CENTRAL AVE 7325-27 CENTRAL AVE 7320-22 EVERT CT 7857-61 FIRWOOD WAY 1251-53 HILLWIND RD 401 IRONTON ST 4551 MAIN 5T 4591-93 MAIN ST 5550 MEISTER RD 1240-42 NORTON AVE 1250-52 NORTON AVE 1280-82 NORTON AVE 6345 PIERCE ST 1441-43 RICE CRK RD 6110-14 STAR LN 7398 SYMPHONY ST 7349-51 UNIV AVE 7385-87 UNIV AVE 7 3 8 9 �IAN BUREN ST 5936-38 2ND ST 6001-03 2ND ST 5908-10 4TH ST 5940 4TH ST 5373-75 5TH ST LICENSES Page 1 UNITS 10 32 32 4 3 7 4 7 11 1 1 1 1 1 2 1 2 2 2 1 1 1 1 1 2 2 2 2 1 1 1 2 2 1 2 1 1 2 1 FEE 49.00 89.00 ss.00 36.00 36.00 36.00 36.00 36.00 49.00 12.00 12.00 12.00 12.00 12.00 24.00 12.00 12.00 24.00 24.40 12.00 12.00 12.00 12.00 12.00 24.00 24.00 24.00 24.00 12.00 12.00 12.00 24.00 24.00 12.00 24.00 12.00 12.00 24.00 12.00 APPROVED BY R.H. LARSON, FIRE P��TION BUREAU/HOUSING INSPECTOR � � CiTlf OF fRlDL.EY OWNER FOR CONCURRENCE BY THE CITY COUNCIL September 30, 1991 TED & ELAINE SHIRLEY n rr ROBERT HUBER THOMAS GLIADON n u KENNETH HAFNER DARLENE HAFNER DONALD FTNDELL WALLACE ROEKER GARY & THOMAS OBRYCKI JUGAL AGARWAL CONDOMINIUM UNITS: MIKE & JULIE ACHTERKIRCH ROLAND & BELLE RAE KRUEGER JAMES & ARLA LAWRENCE CHERYL COOPER STEVE & SANDY MACKENTHUN J. MACK & S. ANTOLAK MICHAEL & DEBR.A SMIEJA ADELE & ROGER GORMAN MAJ. CURT BERO ROBT. & CHARLENE DANIELSON PG ASSOCIATES SCHWIETERS & ASSOC. KRISTIN CHAMERS LINDBERG INVESTMENTS GEORGE & SANDRA SUNDEM SANDRA ROCCA CAMAN PROPERTIES GREGORY LAWRENCE ROGER & JOANN MOBERG HOLMQUIST ENTERPRISES m LOCATION OF BUILDING 6242-44 5TH ST 6252-54 5TH ST 6272-74 5TH ST 5335-37 6TH ST 5361-63 6TH ST 5371-73 6TH ST 5381-83 6TH ST 5612-I4 6TH ST 5618-20 6TH ST 110 58TH AVE 50-60 63 1/2 WAY 105 71 1/2 WAY 370-72 74TH AVE LICENSES Page 2 1601 N INNSBRUCK #108 " #153,356 " #164,215,278,332 " #186 " #206 " #231 " #234 " #237,282,355 " #244 " #263,271 " #266 " #275 " #302 " #308,353,363 " #314 " �317 " #362 " #354 " #365 450 75TH AVE, #1,2,3,4, 6,8,9,7,10 476 75TH AVE, #1,2,3,4, 6,7,8,9,10 UNITS 2 2 2 1 2 2 2 2 2 1 2 1 2 1 2 4 1 1 Z 1 3 1 2 1 1 1 3 1 1 1 1 1 9 � FEE 24.00 24.00 24.00 12.00 24.00 24.00 24.00 24.00 24.00 12.00 24.00 12.00 24.00 12.00 24.00 36.00 12.00 12.00 12.00 12.00 36.00 12.00 24.00 12.00 12.00 12.00 36.00 12.00 12.00 12.00 12.OD 12.00 49.00 49.00 APPROVED BY R.H. LARSON, FIRE 8�28�ECTION BUREAU/HOUSING INSPECTOR 1 :7 G i" � FOR CONCURRENCE BY THE CITY COIINCIL ESTIMATES fR�IDI.�Y SEPTEMBER 30, 1991 • Barna, Guzy & Steffen, Ltd. 200 Coon Rapids Blvd. Suite 400 Minneapolis, MN 55433 Services Rendered as City Attorney for the Month of August, 1991 . . . . . . . . . $ 13,011.01 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of August, 1991 .....$ 8,805.00 Halvorson Construction 4227 - 165th Avenue N.E. Anoka, MN 55304 1991 Miscellaneous Concrete Curb, Gutter & Sidewalk Project Estimate No. 4 . . . . . . . . . . . . . . . . . $ 9, 418. 39 Rainbow, Inc. 7324 - 36th Avenue North Minneapolis, MN 55427 .5 MG Water Tank Painting/Altitude Valve and Vault Installation Project No. 212 Partial Estimate . . . . . . . . . . . . . . . . $ 151,763.45 LL•� 16A