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09/27/1993 - 4941WILLIAM W. BIIRNS CITY MANAGER COONCIL MEETING SEPTEMBER 27� 1993 FRIDLEY CITY COUNCIL MEETING OF SEPTEMB�R 27, 1993 Page 2 A Preliminary Plat Request, P.S. #93-02, by the City of Fridley, to Replat Property Generally Located at the intersection of Highway 65 and East Moore Lake Drive, Between Highway 65 and Central Avenue �� `��,✓ .......................... Vacation Request, SAV #93-03, by the City of Fridley, to Vacate all Easements Dedicated on the Plat of Shorewood Plaza, Generally Located at Highway 65 and East Moore Lake f)rivP ' ,; � ��-� 1 - 1Q 2-2F Rezoning Request, ZOA #93-01, by � Oliver Tam, to Rezone Property from ✓� C-3, General Shopping Center, to R-3, General Multiple Dwelling, on - Property Generally Located at � 6 1160 Fireside Drive N.E. . . . . . . . . . . . C,�. . . . . - 3J � Preliminary Plat Request, F.S. #93-03, by Oliver Tam, Tam Addition, to Replat Property Generally Located at 1160 Fireside Drive N.E. . . . . . �; 1 �" �`°"�r.�'' �v � �� c . . . . . . . . .� . . . ,.��. . . . . .� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 Page 3 PUBLtC HEARtNGS (CONTINUED� Consolidation of the Fridley Police Relief Association's Police Pension �� , 64th Avenue Storm Water Project No. 260 (Continued from City Council Meeting of September 13, 1993) ..... OLD BUSINESS: �„f�,�,�, �. . ; ..... Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 102, Entitled "Police," by Amending Section 102.03 . . . . . . . . . . . Second Reading of an Ordinance Under Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Generally Located at Broad Avenue and Lafayette Street) .. Variance Request, VAR #93-18, by Mark and Laura Ingebrigtsen, to Reduce the Front Yard Setback from 35 Feet to 31.3 Fee#, Generally Located at 5831 West Moore Lake Drive N.E. (Tabled September 13, 1993) . . . . . . . 7� .. �...... 5-5A . .� 7-7A i' �L, ,r�,� � � � ". ............ 8-8D yl � � �� , � .... .... 9-90 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 � Resolution Granting Final Approval for the Consolidation of the Fridley Police Pension Association with the Public Employees Retirement Association � / � � !1 � � / .....'...... First Reading of an Ordinance Amending Chapter 113, "Solid Waste Disposal and Recycling Collection," by Amending �� Section 113.07 and Chapter 11, "Genera) Provisions and Fees," for Solid Waste • Programming Fee, by Amending Section 113 �. ... ' P� � �� ; � , Page 4 10 - 10A 11 - 11A / Receive the Minutes of the Planning Commission Meeting of September 8, 1993: ..................................... 12-12P A. Special Use Permit Request, �� SP #93-14, by James Wold, � c� to Allow Accessory Buildings Other than the First �o�-s�%.� Accessory Building, Over 240 , f� Square Feet, Generally �� Located at 1425 Meadowmoor � Drive N.E. . . . . . . . . . . . . . . . . . . . . . . 12 - 12B ...................... 121-12P FRIDLEY C1TY COUNCIL MEETING OF SEPTEMBER 27, 1993 NEW BUSINESS (CONTlNUED�; Receive items from the Appeals , N-�� Commission Meeting of September 14, 1993: .............................. /� Page 5 13 - 13CC A. Variance Request, VAR #93-23, � by St. Philip's Lutheran , � Church, to Allow the Display ��. of a Temporary Sign for More ,��— 1� Than Two Weeks, Generall ` �� D y ��.�..__ � Located at 6180 Highway 65 N.E. . . . . . . . . . . . . . . . . . . . . . . . . . . 13 - 130 B. Variance Request, VAR #93-24, by Cecelia Rosenberg, to Reduce the Front Yard Setback from 35 Feet to 22 Feet to Correct an Existing Encroachment, and to Allow the Construction of a Single Car Garage when a Two Car Garage is Required, Generally Located at 71 - 63 1/2 Way N E .. ..................... Resoiution Modifying the Redevelopment Plan for Redevelopment Project No. 1 to Reflect Increased Project Costs and Increased Geographic Area and Modifying the Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through No. 12 to Reflect Increased Project Costs and Increased Geographic Area Within Redevelopment Project No. 1 �aL�l � 13P - 13CC W � � � � y��r'`'�� ........... 14-14E FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 Page 6 NEW BUSINESS �CONTIRUED_j: Receive the 1994 Budget of the North r Convention and Tourism Bureau . . f'G ' �J..... 15-15D Approve Joint Powers Agreement Between the City of Fridley and the County of � Anoka fior the Installation of Traffic p� �.�,� Control Signals at the Intersection of County Road No. 132 and Springbrook Drive ........................� . ....,... 16-16H Approve Hoid Harmless Agreement Between� the City of Fridley and Robe . d y,� Joyce L. Warolin . . . . � . . ��,� . � � i�- '°"�'-L' ......... 17-17B �prove 1994 School Referendum Levy eturn Agreements (School Dist ' � �'� �'�"'�� Nos. 11, 13, 14 and 16) . . . � . �I � . . . . . . . . . . 18 - 18FF �� w �" , Resolution Directing Preparation of , �� the Assessment Roll for Treatme and Removal of Trees, 1993 . . �� . . . . . . . . . 19 - 19A J� � � Resolution Directing Publication of Hearing on the Proposed Assessment Roll for the Treatment and Removal of Trees, 1993 . . . . . . . . . . . . . . . . . � ��, V� ............ 20-20C FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 . Resolution Directing Preparation of Assessment Roil for Street Improvement Project No. Street 1992 - 1 & 2 . . . . . . . . Resolution Directing Publication ofi Hearing on Proposed Assessment Roll for Street Improvement Project No. � Street 1992 - 1 & 2 - - - . . . . . . . . . . . . Resolution in Support of Funding for Capital Projects of Human Services Organizations ................... �� Page 7 21 - 21 A 22 - 22C 23 - 23A Resolution Authorizing Director and ,- Alternate for the Minnesota Police � � Recruitment Syste.m . . . . . . . . . . . . . . . � .�. .�v . . . . 24 - 24A Informal Status Reports . . . . . .'.�'�� . . . . . . . . . . . . . a 25 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 Page 8 Claims . . . . . . . . . . . �,,� .. . . . . . . . . . . . . . . . . . . . . . . 26 �,r�/J r � ! �� Licenses . . . . . . . . ,1,� . . . . . . . . . . . . . . . . . . . . . . . 27 - 27A ,. N � V � � Estimates . . . . . . . . . ,�ti`�:v . . . . . . . . . . . . . . . . . . . . . . . 28 ^N � �. ADJOURN: THE MINOTES OF THE FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 13� 1993 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 13, 1993 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilman Schneider Councilman Fitzpatrick PRESENTATION OF PROCLAMATION: CITIZENSHIP DAY: SEPTEMBER 17. 1993 CONSTITUTION WEEK: SEPTEMBER 17 - 23, 1993: Mayor Nee read and Day, September 17, 1993. He invited commemoration. issued a proclamation proclaiming Citizenship 1993 and Constitution Week, September 17-23, every citizen and institution to join in this APPROVAL OF MINUTES: COUNCIL MEETING, AUGUST 16, 1993: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: MS. BARBARA SYKORA REPRESENTING CONGRESSMAN ROD GRAMS' OFFICE: Ms. Sykora thanked the Council for the opportunity to speak to them this evening. She stated that Congressman Grams sponsored a Town Hall meeting which was held in these Council Chambers. She stated that this facility was a wonderful place to hold such a meeting, and she thanked the Council for their hospitality. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13. 1993 PAGE 2 Ms. Sykora stated that Congressman Grams desires to work with local city officials and that he is interested in Council's concerns. She stated that she understands the state probably addresses most of the City's needs; however, there may be times when the City would be helped at the federal level. She stated that Congressman Grams has a staff of seven in Anoka, and they would do their best to assist the City. Mayor Nee stated that City staff has prepared some comments for Congressman Grams to consider. Ms. Dacy, Community Development Director, stated that most of Fridley's housing stock is aging. The Housing and Redevelopment Authority and the City Council have initiated several new h'ousing programs. She stated that federal funding is a key part of this strategy, and about two-thirds of the Community Development Block Grant allocation is for the single family rehabilitation program. She stated that HOME funds are also being used for single family rehabilitation efforts. She stated that mortgage revenue bond financing is an important part of this strategy, and financing is available to first time home buyers through the MHFA. Ms. Dacy stated that the Section 8 program serves 165 households in Fridley, and the HUD rental grant program was discontinued. She understands the HOME program was to replace that effort. She stated tY�at some of the regulations are difficult to track for a small Housing and Redevelopment Authority like the one in Fridley. Ms. Sykora stated that she is not a housing expert, but there is someone in their office that deals specifically with housing. She stated that Congressman Grams is supportive•of programs that will allow people to buy.rather than to rent. She stated that she is not very familiar with the HOME program and will get back to the City on this item. She stated that if the City would like them to check on specific grants, they.would be happy to do so. Mr. Flora, Rublic Works Directo.r, stated that the City has been� working with the Navy to identify the water purification process to be used on their site. He stated that a number of letters have been written to the Navy representative and the Department of Natural Resources in an attempt �to resolve the issue about the distribution of the water to the City. He stated that the City has not received any response. It is believed that the water should be used by the City, and the City would like assistance in getting this issue resolved with the Navy. Ms. Sykora stated that she has spent a considerable amount of time on this issue during the last several weeks, She submitted a copy of a letter she received from the Navy. She stated that the Navy's point of view is that they believe they are only one of several parties responsible; the other is FMC. Ms. Sykora stated that the Navy is doing everything required of them at this time. However, • additional cleanup would be very costly, and costs would increase FRIDLEY CITY COUNCIL MEETING OF 3EPTEMBER 13, 1993 PAGE 3 to operate such a facility once it was in place. She stated that there really was no response regarding the point that they may be depleting the aquifer. She stated that the Navy wants an amenable solution; however, there really has been no dialogue between the Navy and City officials. Ms. Sykora stated that if the City desires a meeting with the Navy, they would try �o facilitate such a meeting. Mayor Nee stated that the City hates to have good water dumped into the Mississippi River. Councilwoman Jorgenson stated that the City had meetings three years ago with the Navy where they pointed out they would be dumping the equivalent of the City's winter water consumption of one to two million gallons of water per day into the river. The City has tried to work with them on this issue. Ms. Sykora felt that it was important to relate �his information to the Navy when the City meets with them. Mr. Hunt, Assist�nt to the City Manager, stated that regulations in the Fair Labor Standards Act concerning pay for volunteer firefighters have had a tremendous impact on the City. He stated that since 1990, the City has had to pay overtime for volunteer firefighters that work for the City. He stated that this regulation makes it very difficult for the City to recruit its own employees for this important job because the City has to pay volunteer firefighters, who are employed with the City, the same rate for overtime as their full-time position with the City. He felt that this could be settled easily by several changes in the regulations. He hoped that Congressman Grams' staff could work with the City on this issue. Ms. Sykora stated that this was the first she was aware of this issue. She stated that it does not make much sense. She will inform Congressman Grams of this problem and get back�to the City. Mayor Nee stated that he has a concern with the legislation that established federal regulation of critical areas along the Mississippi River. He stated that he has written to representatives in the metropolitan area that he did not feel evidence supported that the Federal Government take over jurisdiction of the river, at least north of Minneapolis. He stated that all cities north of Minneapolis have been very responsible in their development along the Mississippi River. He stated that his concern is pre-emption of local jurisdiction for no good reason. He stated that in talking with Mayors and City Councils in other northern communities, they all have the same feeling. Mayor Nee stated that he hoped Congressman Grams would be alert to the Department of the Interior and Park Service's intrusion on local jurisdictions as it relates to land use. He stated that the land in Fridley was developed before these FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13 1993 PAGE 4 standards were initiated, and a large part of the residences are non-conforming uses. He stated that there are all kinds of problems in having the Department of the Interior and Department of Natural Resources having a veto power,over the City's actions in that area along the river. He stated that he would like Congressman GraYCrs to be aware of these concerns. Ms. Sykora asked if the City's concerns have been made known to the coordinator. Mayor Nee stated that he is a member of the committee, and he keeps getting outvoted. He stated that his concern is the intrusion on local governmental jurisdictions. He thought that other cities might feel the same way. Ms. Sykora stated that written testimony was due on this plan by September 10. Congressman Grams' suggestion was that action be delayed until there is an economic study to evaluate the economic impact. Mayor Nee stated that it is really an impact on residences in communities north of Minneapolis. He stated that Fridley does not have any economic development.on the river, but it involves the residents' use of the property along the river. Ms. Sykora stated there is a great deal of concern about the possibil•ity of having a trail system along the entire length of the river. She stated there were a number of problems brought to their attention concerning the bridges. She stated that the•plan is out there, and the battle needs to be fought now. • Councilman Billings stated that the Department of the Interior had a person working out of the Denver office draw this plan. He stated that it appears the plan does not have a lot of history on what is happening along the Mississippi corridor. He stated that from the hearings, he felt the plan is not necessarily the intent of the committee, and is very ambiguous and open ended. He stated that once the committee no longer exists, the only persons to interpret it would be the Department of the Interior staff. He stated that it is so loosely drawn it becomes a bureaucratic tool for the Interior Department. He felt that the plan needed a lot of work, and many cities along the entire corridor have significant problems with it. He stated that the intent of the authors was very good, but from a practical standpoint, it could be devastating for every city that borders the Mississippi River. Councilman Schneider stated that with regard to the aging housing stock, Fridley is at a pivotal point in history where the quality of housing is declining. The Council has established this as a top priority to make sure they do not have a downward spiral in housing. He stated that this is an area where the City needs Congressman Grams' support. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 5 Councilwoman Jorgenson stated that there was a recent domestic abuse case in Fridley where the husband shot his former girlfriend and then killed himself. She stated that the increased amount of crime with weapons is becoming dramatic, and she is very concerned. She stated that Minnesota is working on passing a bill similar to the Brady bill. She would like the easy accessibility of guns addressed and the laws relating to domestic violence strengthened. Ms. Sykora thanked Council and staff for their comments and promised to get a reply from Congressman Grams as soon as possible. PUBLIC HEARINGS: 1. PUBLIC HEARING TO AMEND REDEVELOPMENT PROJECT AREA AND CREATE TAX INCREMENT DISTRICT NO. 13: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing opened at 8:12 p.m. Ms. Dacy, Community Development Director, stated that this public hearing is to amend the redevelopment plan and create Tax Increment District No. 13 for a parcel at the corner of 51st Way and Industrial Boulevard. She stated that ECO Finishing, Inc. is proposing to construct a 29,000 square foot manufacturing facility. She stated that this business is a metal plating j ob shop which employs eighty people. She stated that with the addition, there will be thirty new employees with the possibility of up to eighty employees in the next five years. Ms. Dacy stated that ECO has requested assistance from the Housing and Redevelopment Authority in the amount of $83,000 on a pay-as- you-go basis. Ms. Gustafson, of the Bridgewater Financial Group and representing ECO Finishing, Inc., stated that this facility is for a plating job shop. She stated that the company currently has five hundred customers that they service throughout the metropolitan area. She stated that this site in Fridley is most centrally located to serve their existing customers. She stated that the total cost of the project is $2,500,000. She stated that in order to facilitate the cash flow in the first years of the business, ECO is requesting tax increment financing from the City. She stated that the company would purchase 4.75 acres on this site, which is more than their present need, with the intent to expand the facility in the future. Councilwoman Jorgenson asked if there would be a loss in local government aid with the creation of this tax increment district. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 6 Mr. Burns, City Manager, stated that he believed the loss would be about $9,000 per year, but the tax benefit would be about $28,000 to $29,000 per year in taxes and almost $254,000 over the life of the district. Councilman Schneider asked what the current taxes are on this parcel. Ms. Gustafson stated that taxes payable in 1993 are about $23,000. She stated that when the project is complete, the taxes would be about $65,000. She stated that even though there is a loss of about $9,000 in local government aid, the tax increase on this parcel would be $35,000 to $40,000. Councilwoman Jorgenson stated that the City would be losing local government aid by creating this tax increment district. Councilman Billings stated that although the City would be losing $9,000 in locaZ government aid, about $28,000 would be gained in taxes or $254, 000 over the life of the district, and $83, 000 in assistance would be given towards the project. He stated that the HRA would be ahead and, once the nine year district is completed, the taxes would be divided between the city, school district, and county. He felt that the City had to look at the entire picture. Councilman Schneider'stated•that if money is being lost every year on tax increment districts, eventually those funds have to come from somewhere. The question is does the City support private development with property taxes? He stated that this project makes good sense, but he questions how other projects may affect the City. He stated that he believes the legislature is sending the message not to create tax increment districts. If this is done, it is going to be expensive. Mayor Nee stated that there was an article in the newspaper several� weeks ago about a plating firin that dumped corrosives in the ground and then went bankrupt. He asked how ECO would handle hazardous waste. Mr. Rosenblum, representing ECO Finishing, Inc., stated that their business is regulated by several agencies with overlapping authority. It would not be possible to stay in business unless they meet these agencies' regulations regarding hazardous waste. He stated that they'will need sewer permits from the Metropolitan Waste Control Commission, and hazardous waste permits from the county and the Pollution Control Agency. He stated that OSHA has to approve all their permits before they open. He stated that up to ninety percent of their water will be recycled. It will really be a state-of-the-art design. Councilman Billings stated that Fridley has more industrial property than any other city in Anoka County. He stated that one FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 13, 1993 PAGE 7 of the reasons property taxes are low in Fridley is because it takes a good mix of industrial, commercial, and residential properties to provide a stable and sound community. He stated that with the tremendous amount of land in rural Anoka County, there are more attractive sites available to developers than sites in Fridley. He stated that if the City wants to maintain its tax base, there has to be some investment in the community. He stated that funds have been invested to rehabilitate the housing. In order to attract people to live in Fridley, there also needs to be jobs. He felt that industrial property provides the greatest return on the City's investment. No other persons in the audience spoke regarding this proposed amendment to the redevelopment project area and creation of Tax Increment District No. 13. MOTION by Councilman Billings 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 8:34 p.m. 2. PUBLIC HEARING ON THE 64TH AVENUE STORM WATER PROJECT NO. 260: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing opened at 8:35 p.m. Mr. Flora, Public Works Director, stated that the City received a petition for this storm water project which contained 21 signatures. He stated that since the petition was received, Mrs. Zimmerman, 1376 Mississippi Street, has requested that her name be withdrawn. He stated, therefore, the petition now only represents 49 percent of the properties involved. Mr. Flora stated that there are several options for this project. He stated that one option is to install a pipe from Mississippi Street to the Central Avenue culvert with a detention pond by Mississippi Street. He stated that another option is to install pipe from Mississippi Street to Central Avenue and construct a surge area in the Harris Pond ditch. Mr. Flora stated that the estimated cast is approximately $94,000. If there was a small surge area in the Harris Pond ditch, it is estimated it would cost an additional $7,000. He stated that $41,000 would be paid by the affected property owners, and $60,000 would come from government funds. Mr. Flora stated that if this project was constructed, the City could amend their contract with Kenko, Inc. to incorporate the catch basins on 64th Avenue and the storm water pipe on Central FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 13, 1993 PAGE 8 Avenue. He stated that the additional culvert down from Mississippi Street, and the surge area could be constructed at a later date. Mr. Flora stated that mailings of this hearing were not sent to the residents in the neighborhood. In order to make sure everyone is notified, he suggested that this public hearing be continued to September 27. Councilman Schneider asked about the options for the Council to proceed with this project if fifty percent or more of the affected property owners did not sign the petition. Mr. Herrick, City Attorney, stated that under Chapter 429 of the code, if the Council receives a petition where less than fifty percent of the affected property owners have signed, it takes a four-fifths vote of the Council to order a project. He stated that if there is a petition signed by more than fifty percent of the affected property owners, it takes a majority vote of the Council to order a project. Mr. Schwartz, 1372 64th Avenue, stated that he was not aware of any plan to widen the ditch located on the City property, but it may help the drainage. He presented a video of the culvert under Central Avenue showing how the ditch backs up with a one-inch rainfall. He stated that there are supposedly six detention ponds in the Rice Creek development that release water from that area onto his property. He stated that the detention ponds do not work. Since the ditch has been filled on the south side of 64th Avenue, water has been backing up onto his property. He stated that if something is done he is concerned that.it be the right approach and not just moving water from one place to another. Mr. Schwartz stated that another concern is the cost of the project. He felt that much of the water comes from other developments, such as the one north of Mississippi Street. All of that water is dumped between 64th�Avenue �nd Mississippi Street. He felt that the water from the Harris Pond development should have been pumped north to the creek. He requested that the City use monies from the storm water fund for this project. Councilman Schneider asked Mr. Schwartz how much he has paid for storm water� control. Mr. 5chwartz stated that he has not paid anything. Councilman Schneider stated that most residents in� the City have contributed to the storm water fund. �He stated that everyone should be paying their fair share for storm water control. He stated that some of Mr. Schwartz's problems may come from development around his property, as that is the case for almost every property in the City. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13 1993 PAGE 9 Mr. Flora stated that the original proposal was for a detention pond below Mississippi Street, and now a buffer pond is suggested on the two lots the City owns to make a storage or detention area. Councilwoman Jorgenson stated that part of Mr. Schwartz's concern was that the water would end up in his back yard. Mr. Flora came up with the idea of a detention pond to try to alleviate the problem. She stated that Council is trying to address Mr. Schwartz's concerns on this issue. Councilman Schneider asked Mr. Schwartz's view of the project with this change. Mr. Schwartz felt that it would probably work. Mayor Nee asked Mr. Schwartz if he signed the petition for this improvement project. Mr. Schwartz stated that he did not sign the petition. Mr. Schwartz stated that a lot of people in the neighborhood believe there is a problem, but they have a hard time believing they are part of the problem. He submitted a petition requesting the Council not assess the properties but instead use monies from the storm w�ter fund for this project. MOTION by Councilman Schneider to receive this petition submitted by Mr. Schwartz. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. In reviewing the petition, it was noted that this petition contained wording that five persons who signed the original petition in favor of this improvement requested their names to be withdrawn. Mr. Schwartz stated that this was not the intent of his petition. Mr. Nelson, 1357 64th Avenue, stated that he would.encourage Council to delay a vote on this project until the next Council meeting. He stated that he never wanted to misrepresent himself or the statements made when he circulated the original petition for this improvement. He stated that because a letter had not been sent regarding the public hearing, he would appreciate if the residents would be notified. He stated that he would be willing to circulate the petition again to try and obtain additional signatures. Councilwoman Jorgenson stated that there are property owners who signed Mr. Schwartz's petition and also Mr. Nelson's petition. Mr. Herrick, City Attorney, stated that it seems five persons want their name taken off the petition, and Mr. Schwartz has stated that was not the intent. He felt that it would be helpful to the City if some of this ambiguity could be cleared up between now and the FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 10 next Council meeting. He stated that if someone signs a petition and then asks that their name be removed, this could be done before the Council takes action. Mr. Nelson stated that he was disappointed with Mr. Schwartz's ' petition, as it took individuals twenty to thirty hours to obtain the signatures on the original petition. He stated that he could obtain the signatures again, but an easier solution would be for Mr. Schwartz to withdraw his petition. Mr. Herrick stated that a clarification is needed from the five property owners who signed Mr. Schwartz's petition. Mrs. Schwartz, 1372 64th Avenue, stated that there were some errors in the original petition and that some homes that would be assessed were left off. • Mrs. Schwartz asked about the detention pond and if trees would be removed. Mr. Flora stated that some trees would be removed to obtain an area where a volume of water can be stored. He felt that the best location for the detention pond would be where the depression exists and where it could be reshaped. Mrs. Schwartz stated that unless this area is duq out, it would not solve any of the water problems. � Mr. Flora stated that it is proposed to widen the ditch from 6 feet to 50 feet and increase the length by hundreds of feet in order to obtain storage capacity. Mrs. Schwartz asked how much would actually be dug out, as this would definitely sway how she would feel about the project. She stated that just clearing out what is there now would not do anything. She stated that there has to be more holding capacity. Just clearing out the trees would not accomplish this end. Mr. Flora stated that until they survey it, he does not know how much would be dug out. Mrs. Schwartz asked what would happen if the project was done and it does not work. She stated that she would not want to be assessed again for fixing it. Mayor Nee stated that for the most part, if there is a mistake made by the City on the projects the City has completed, they would try to fix it. Mrs. Schwartz felt that the Rice Creek and Harris Pond developments created part of this problem. She felt that other properties should also be assessed. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13. 1993 PAGE 11 Councilman Schneider stated that these properties in the Rice Creek and Harris Pond developments have been assessed. It comes back to the question if they would be assessed again if something does not work. Mrs. Schwartz felt that the whole thing was piecemeal. Only one small section is being considered, and that will impact another area. Councilman Schneider stated that storm water issues are very difficult to address, and no one wants to pay. He stated that there have been water problems in this area for many years. He stated that Mr. Nelson did a tremendous job in the neighborhood trying to get this problem resolved. Mrs. Schwartz stated that their problem is not from rain water on 64th Avenue but with water coming from the north and Harris Pond area. She felt that this had to be a fair project for everyone so it does not flood more people on the south side of 64th Avenue. Councilwoman Jorgenson stated that the City cannot give final design standards at this point. She stated that Council is trying to address the issnes, and the detention pond is a new proposal. She stated that the City would not hire an engineering firm to go look at the project without first knowing if they have a project. Councilman Schneider stated that the intent of having such a project is to make it wor.k. He stated that if it does not work, the City would have to go back and fix it. Ms. Kowski, 6391 Central Avenue, stated that she spent several hours working on the original petition for this improvement. She stated that there are property owners who stated that this did not affect them, but that is what is wrong with this world. She stated that she has to replace a furnace because of the water problems. She felt that everyone in the City should be assessed for storm water control because this project is needed. Mr. Schwartz, 1372 64th Avenue, stated that he wished to withdraw his petition because certain wording contained in the petition has changed the intent. He stated that the intent of the petition was for the project to be paid out of the storm water fund. MOTION by Councilman Schneider to return the petition as requested by the submitter, Mr. Schwartz. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Schneider, Councilwoman Jorgenson and Mayor Nee voted in favor of the�motion. Councilman Billings voted aqainst the motion. Mayor Nee declared the motion carried. Councilman Billings stated that there are a number of other signatures on that petition, not only the person who submitted it. This is his reason for not supporting the motion. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13. 1993 PAGE 12 Mr. Schwartz stated that his intent was not to kill the project, but to ask that it be paid for out of storm water funds. Councilman Billings asked if some of the properties on the south side of 64th Avenue have standing water hours or days after a rainfall. Mr. Flora stated that some of the properties do have standing water. Councilman Billings asked if this was due to the fact that those properties are below the elevation of the ditch. Mr. Flora stated that it is due to the high water table, and that there is a raised culvert under Central Avenue so the drainage is not the best. He stated that there is also a wetland in that area. Councilman Billings stated that this project would not insure that every one of those properties on 64th Avenue would be dry. Mr. Flora stated that was correct; however, the water north of Mississippi Street would no longer run across the properties. He stated that the detention pond deals with the back yards and gives a"bounce" area so that the water can go through the pipe under Central Avenue. He stated that there.would be water on the property in the low areas. MOTION by Councilman Schne�der to continue this public hearing to the September 27, 1993 Council meeting and urge those affected to attend this meeting, Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS• 3. SECOND READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF: � MOTION by Councilman Billings to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. ORDINANCE ATO. 1017 RECODIFYING THE FRIDLEY CITY CODE CHAPTER 205, ENTITLED "ZONING," BY AMENDING SECTIONS 205 07 06 205.08.06, 205.09.07, AND 205.10.06 AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY: MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 1017 on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 13 NEW BUSINESS• 5. APPOINTMENT: CITY EMPLOYEE: MOTION by Councilman Schneider to concur with the following appointment by the City Manager: Starting Starting Name Position Salarv Date Michael Liquor $39,358.80 Aug. 24, Larson Operations per year 1993 Manager $3,279.90 Exempt per month Seconded by Councilwoman Jorgenson. Replaces Kathleen Schmitz Mr. Burns, City Manager, stated that he is pleased to recommend Mr. Michael Larson for appointment as Liquor Operations Manager. He stated that Mr. Larson is a graduate of Fridley High School and has worked since 1986 in the Fridley liquor stores. He stated that Mr. Larson is also a Fridley firefighter. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 6. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 102 ENTITLED "POLICE." BY AMENDING SECTION 102.03• MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RESOLUTION NO. 58-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO FRIDLEY JAYCEES (SANDEE'S RESTAURANT): MOTION by Councilman Schneider to adopt Resolution No. 58-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTION NO. 59-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO FRIDLEY JAYCEES SJOE DIMAGGIO'S RESTAURANT): MOTION by Councilman Schneider to adopt Resolution No. 59-1993. Seconded by Councilwoman Jorgenson. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 14 9. APPROVE JUNK YARD LICENSE RENEWAL FOR SAM'S AUTO BODY PARTS: MOTION by Councilman Schneider to concur with staff's recommendation and issue a license renewal for Sam's Auto Parts through April 30, 1994. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVE THE MINUTES OF THE CABLE TELEVISION COMMISSION MEETING OF JULY 28, 1993• MOTION by Councilman Schneider to receive the minutes of the Cable Television Commission Meeting of July 28, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman 3chneider requested that staff schedule an informal discussion regarding funds requested by other bodies. 11. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING.OF AUGUST 11, 1993• A. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 27, 1993, FOR A PRELIMINARY PLAT REQUEST, P.S. #93-03, BY OLIVER TAM, TAM ADDITION, TO REPLAT PROPERTY GENERALLY LOCATED AT 1160 FIRESIDE DRIVE N.E.: MOTION by Councilman Schneider to set the public hearing on this Preliminary Plat Request, P.S. #93-03, for September 27, 1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 27 1993 FOR A REZONING REQUEST, ZOA #93-01, BY OLIVER TAM, TO REZONE PROPERTY FROM C-3 GENERAL SHOPPING CENTER TO R-3 MULTIPLE DWELLING ON PROPERTY GENERALLY LOCATED AT 1160 FIRESIDE DRIVE N.E. MOTION by Councilman Schneider to set the public hearing on this Rezoning Request, ZOA #93-01, for September 27, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 13 1993 PAGE 15 C. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 27. 1993 FOR A VACATION REOUEST, SAV #93-03 BY THE CITY OF FRIDLEY TO VACATE ALL EASEMENTS AS DONATED AND DEDICATED TO THE PUBLIC FOR DRAINAGE AND UTILITY PURPOSES AND AS SHOWN ON THE RECORDED PLAT OF SHOREWOOD PLAZA, AS CORRECTED BY SURVEYOR'S CERTIFICATE FILES AS DOCUMENT NO. 176792, GENERALLY LOCATED AT THE INTERSECTION OF HIGHWAY 65 AND EAST MOORE LAKE DRIVE BETWEEN HIGHWAY 65 AND CENTRAL AVENUE. THE SUBJECT PARCELS INCLUDE THE EAST AND WEST MOORE LAKE SHOPPING CENTERS. THE NORTHWEST RACOUET SWIM AND HEALTH CLUB, AND SEARS OUTLET• MOTION by Councilman Schneider to set the public hearing on this Vacation Request, SAV #93-03, for September 27, 1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of August 11, 1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 27. 1993 FOR A PRELIMINARY PLAT REOUEST, P.S. #93-02, BY THE CITY OF FRIDLEY� TO REPLAT PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF HIGHWAY 65 AND EAST MOORE LAKE DRIVE, BETWEEN HIGHWAY 65 AND CENTRAL AVENUE• MOTION by Councilman Schneider to set the public hearing on this Preliminary Plat Request, P.S. #93-02, for Sept�mber 27, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider noted that the minutes reflected the opposite motion on the front yard request. Ms. Dacy confirmed that the minutes are correct and the cover memorandum was in error. 13. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF JULY 27, 1993: A. VARIANCE REQUEST, VAR #93-18, BY MARK AND LAURA INGEBRIGTSEN, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 31 3 FEET• TO REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 2.3 FEET; ALL TO ALLOW THE CONSTRUCTION OF A DOUBLE CAR GARAGE AT 5831 WEST MOORE LAKE DRIVE N.E.: � Ms. Dacy, Community Development Director, stated that this is a request to reduce the front yard setback to 31.3 feet and the side yard setback to 2.3 feet to allow for construction of a double garage at 5831 West Moore Lake Drive. She stated that the existing detached garage will be removed and an addition is planned to the rear, as well as construction of a two car attached garage. FRIDLEY CITY COUNCIL MEETING OF SEPT�MBER 13 1993 PAGE 16 Ms. Dacy stated that the Appeals Commission recommended denial of the front yard variance and approval of the side yard variance. Mr. Ingebrigtsen, the petitioner, stated that he felt they have a hardship, as they would be losing the side entrance by attaching the garage rather than having the detache�d garage. He stated that there are two neighbors who have done the same thing, and he did not want to have their garage door open all the time in order to have access. Mr. Burns, City Manager, stated that based on the aerial photo, it appears all the homes are uniform in distance from the street, and all conform to the required 35 foot setback. Councilman Schneider stated that if the other homes in the area all have a 35 foot front yard setback, he would be reluctant to grant this variance. He stated that if the other homes have had a variance, he would look at this request differently. Councilman Billings asked if the garage was located further back, if this would not accomplish the need to have an access but yet not require a variance. Mr. Ingebrigtsen stated that there is only 2.3 feet on that side which is hardly enough room. Councilman Billings stated his point is that it is something that could work if there are no other alternatives. Mr. Ingebrigtsen asked if a sidewalk could be constructed to the lot line. Ms. Dacy stated that the code does not particularly address sidewalks, but the Ingebrigtsens could talk to the adjacent property owner to see if they had any objections to installing a sidewalk to the lot line. Councilman Billings stated that he would be inclined not to support the front yard variance and table this portion of the variance until staff investigates if the other homes have a 35 foot front yard setback. MOTION by Councilman Schneider to concur with the Appeals Commission and grant that portion of Variance Request, VAR #93-18, to reduce the side yard setback from 5 feet to 2.3 feet. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to table that portion of Variance Request, VAR #93-18, concerning the front yard setback until the September 27, 1993 Council meeting and directs staff to investigate if other homes in the neighborhood have a 35 foot front yard FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 17 setback. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF AUGUST 31,1993: A. VARIANCE REQUEST, VAR #93-22, BY MARK BLEGEN, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 8.2 FEET; TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 9.8 FEET; TO ALLOW THE RECONSTRUCTION OF A NONCONFORMING STRUCTURE THAT WAS DAMAGED MORE THAN FIFTY PERCENT OF ITS VALUE DUE TO FIRE DAMAGE, GENERALLY LOCATED AT 275 IRONTON STREET N.E.: Ms. Dacy, Community Development Director, stated that this is a variance to reduce the front yard setback from 35 feet to 8.2 feet and to reduce the side yard setback from 10 feet to 9.8 feet in order to allow the reconstruction of a non-conforming structure damaged more than fifty percent of its value due to a fire. She stated that this structure was damaged by a fire in August, and the Chief Building Official has verified that over fifty percent of the value of the structure was destroyed in the fire. Ms. Dacy stated that staff and the Appeals Commission recommend denial of the variance request, but it should be noted that there is a creek that meanders through the rear portion of the property and moving the house back may impact the edge of that creek. She stated that some type of front yard varianee would be necessary, but since over fifty percent of the value was destroyed, this may be the opportune time to reconstruct the home within the existing code. Ms. Dacy reviewed some of the setbacks of other homes in the area, and some homes have only five feet to ten feet front yard setbacks. Mr. Blegen, the petitioner, stated that all he wanted to do was to build on the same footings. He stated that if he has to remove the existing foundation, it would cost $15,000. He stated that he is living in an apartment at the present time and would like to get started on rebuilding. Councilman Schneider stated that he has contacted the Ward Council- member, Ed Fitzpatrick. He has indicated he supports this front yard variance. Ms. Sporre, 295 Ironton Street, stated that she lives next door to this property, and the neighborhood is in favor of the variance. She stated that if Mr. Blegen were to move the home back, it would impact on the beautiful oak trees on the property. She stated that there are other homes with these setbacks, and they would like to keep the integrity of the neighborhood. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 18 Ms. Sporre stated that there is a long history to the boulevards on this street. She stated that both boulevards or easements are on one side of the street which was a compromise reached when residents stated that they would sue the City. Mayor Nee stated that the south boulevard was moved to the north side and the lot line moved north to include two boulevards. Councilwoman Jorgenson stated that she cannot foresee the street being widened, and she could not know what future councils might do. Ms. Sporre felt that if Mr. Blegen had to maintain a 35 foot setback and build to the rear of the property, there might also be problems with flooding. She stated that water backs up now in the creek with water coming from the housing project in Coon Rapids. MOTION by Councilman Schneider to grant Variance Request, VAR #93-22, to reduce the front yard setback from 35 feet to 8.2 feet and to reduce the side yard setback from l0 feet to 9.8 feet at 275 Ironton Street because the adjacent homes on each side are approximately at the same setback or less, as well as the potential for flooding and past history of the drainage. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye; Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 60-1993 EXTENDING APPROVAL OF A SUBDIVISION LOT SPLIT, L.S. #93-01, TO CREATE TWO SEPARATE PARCELS GENERALLY LOCATED NORTH OF 61ST AVENUE AND WEST OF 5TH STREET (BY WESTMINSTER CORPORATION): MOTION�by Councilman Billings to adopt Resolution No. 60-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. APPROVAL RELOCATION CONSULTANT CONTRACT WTTH PROFESSIONAL � REDEVELOPMENT RESOURCES: Ms. Dacy, Community Development Director, stated that the City is responsible for relocation expenses as the result of the condemnation of property at 6070 and 6074 Central Avenue. She stated that as part of the condemnation.proceedings, a relocation consultant must be hired to determine appropriate relocation benef_its for the tenants. Ms. Dacy stated it is recommended that Kirk Schnitker of Professional Redevelopment Resources be hired to determine the relocation benefits. Mr. Herrick, City Attorney, stated that the City is not indicating the tenants must move; however, he understands this particular property owner wishes to move and purchase another home. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13 1993 PAGE 19 Councilwoman Jorgenson stated that Lorraine Nelson contacted her last week and wanted to make sure she would not have to move until the City needs the property. Mr. Herrick stated that he also heard this tenant wished to move; however, the City is not requiring either tenant to move at this time. MOTION by Councilman Schneider to authorize the Mayor and City Manager to enter into this agreement with Kirk Schnitker of Professional Redevelopment Resources. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. APPROVE RENTAL LICENSE APPLICATION FOR RESIDENTIAL RENTAL PROPERTY LOCATED AT 541 53-1�2 AVENUE N.E.: Ms. Dacy, Community Development Director, stated that this rental application license is for renewal, and staff is recommending that the license be valid through May 6, 1994. She stated that the property does not meet the code requirements, and the owner is aware that he needs to comply with the single family zoning district. MOTION by Councilman Billings to approve the rental license for 541 53-1/2 Avenue through May 6, 199� and authorize staff to issue a refund for one-third of the rental license fee received. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. APPROVE RENTAL LICENSE APPLICATION FOR RESIDENTIAL RENTAL PROPERTY LOCATED AT 4042 MAIN STREET N.E.: Ms. Dacy, Community Development Director, stated that this rental application license is for renewal, and staff is recommending that the license be valid through May 6, 1994. She stated that the property does not meet the code requirements, and the owners are aware that they need to comply with the single family zoning district. MOTION by Councilman Billings to approve the rental license for 4042 Main Street N.E. through May 6, 1994 and authorize staff to issue a refund for one-third of the rental license fee received. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 27, 1993, FOR CONSOLIDATION OF THE FRIDLEY POLICED RELIEF ASSOCIATION'S POLICE PENSION• MOTION by Councilman Schneider to set a public hearing for consolidation of the Fridley Police Relief Association's Police FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 20 Pension for September 27, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. ESTABLISH A PUBLIC HEARING FO� DECEMBER 1, 1993; A RECONVENING DATE OF DECEMBER 13, 1993, IF NECESSARY; AND A SUBSEQUENT HEARING DATE OF DECEMBER 20 1993 ON THE 1994 BUDGET FOR THE CITY OF FRIDLEY• MOTION by Councilwoman Jorgenson to set a public hearing for December 1, 1993 and a reconvening date, if necessary, of December 13, 1993, and a subsequent hearing date of December 20, 1993, on the 1994 budget. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. RESOLUTION NO. 61-1993 ADOPTING A"PROPOSED" BUDGET FOR THE FISCAL YEAR 1994: MOTION by Councilman Schneider to adopt Resolution No. 61-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. RESOLUTION NO. 62-1993 CERTIFYING "PROPOSED" TAX LEVY REOUIREMENTS FOR 1994 TO THE COUNTY OF ANOKA: MOTION by Councilman Billings to adopt Resolution No. 62-1993. Seconded by Councilman 5chneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. RESOLUTION NO. 63-1993 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND CABLE T�i FUND GRANT MANAGEMENT FUND HRA REIMBURSEMENT FUND DRUG AND GAMBLING FORFEITURE FUND AND THE CAPITAL IMPROVEMENT FUND FOR THE YEAR 1992: MOTION by Councilman Schneider to adopt Resolution No. 63-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. RESOLUTION NO. 64-1993 DESIGNATING 1992 FUND BALANCES: MOTION by Councilwoman Jorgenson to adopt Resolution No. 64-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. APPROVE AMENDMENT OF JOINT POWERS AGREEMENT FOR CONSTRUCTION AND OPERATION OF FIRE TRAINING SITE: MOTION by Councilman Billings to apprave the amendment of the Joint Powers Agreement for construction and operation of the fire training site and authorize the appropriate City officials to execute this agreement. Seconded by Councilman Schneider. Upon FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13 1993 PAGE 21 a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. 26. RECEIVE PETITION NO. 14-1993 FROM RESIDENTS ON STINSON BOULEVARD BETWEEN 73RD AVENUE AND OSBORNE ROAD: MOTION by Councilman Schneider to receive Petition No. 14-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 27. RECEIVE PETITION NO. 15-1993 FROM RESIDENTS ON HATHAWAY LANE � EAST OF REGIS DRIVE: MOTION by Councilman Schneider to receive Petition No. 15-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 28. RESOLUTION NO. 65-1993 ORDERING IMPROVEMENT. FINAL PLANS, AND ESTIMATES OF COSTS THEREOF AND AMENDING STREET IMPROVEMENT PROJECT NO. ST. 1993-1: MOTION by Councilman Schneider to adopt Resolution No. 65-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 29. RESOLUTION NO. 66-1993 ORDERING IMPROVEMENT AND APPROVAL OF FINAL PLANS AND ESTIMATES OF COSTS THEREOF AND ADDING TO THE 1993 STREET IMPROVEMENT PROJECT NO. ST. 1993 - 1& 2: HATHAWAY LANE EAST OF REGI5 DRIVE: MOTION by Councilman Schneider to adopt Resolution No. 66-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 30. RESOLUTION NO. 67-1993 ORDERING IMPROVEMENT, FINAL PLANS AND ESTIMATES OF COSTS THEREOF AND AMENDING STREET IMPROVEMENT PROJECT NO. ST. 1993 - 1& 2: MOTION by Councilman Billings to adopt Resolution No. 67-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 31. RESOLUTION NO. 68-1993 ORDERING IMPROVEMENT AND APPROVAL OF PLANS AND ESTIMATES OF COSTS THEREOF AND ADDING TO THE 1993 STREET IMPROVEMENT PROJECT NO. ST. 1993 - 1& 2: 7TH STREET FROM MADISON STREET TO 900 FEET WEST: MOTION by Councilman Billings to adopt Resolution No. 68-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13 1993 PAGE 22 32. APPROVE CHANGE ORDER N0.�1, STREET IMPROVEMENT PROJECT NO ST 1993 - 1 & 2• MOTION by Councilwoman Jorgenson to authorize Change Order No. 1 to Street Improvement Project No. ST. 1993 - 1& 2 with Northwest Asphalt in the amount of $107,240.00. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 33. RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS• MOTION by Councilman Schneider to table this item to the October 4, 1993 Council meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 34. RESOLUTION REVOKING MUNICIPAL STATE AID STREETS• MOTION by Councilman Billings to table this item to the October 4, 1993 Council meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 35. RESOLUTION NO. 69-1993 AUTHORIZING ADVERTISEMENT FOR BIDS FOR LOCKE PARK FILTER PLANT REPAIR PROJECT NO. 240: MOTION by Councilman Schneider to adopt Resolution No. 69-1993. Seconded by Couricilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 36. APPROVE FUNDING FOR THE STREAM BED AND BANK EROSION COI�TTROL PROJECT IN THE 400 BLOCK OF RICE CREEK TERRACE• Mr. Flora, Public Works Director, stated that bids were received, and the project was over the original estimate. He stated that staff is recommending an additional $3,000 for a total of $8,000 to be funded by the City. Funds are available within the storm water contingency authorization. MOTION by Councilman Billings to increase the amount authorized for this project by $3,000 or a total of $8,000. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 37. AUTHORIZE THE ADVERTISEMENT FOR BID PROPOSALS FOR THE LEASE/PURCHASE OF A NEW SIDEWALK SNOWPLOW AND•ACCESSORIES• MOTION by Councilman Billings to authorize the advertisement for bid proposals for the lease/purchase of a new sidewalk snowplow and accessories. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY_CITY COUNCIL MEETING OF SEPTEMBER 13 1993 PAGE 23 38. RECEIVE BIDS AND AWARD CONTRACT FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) PROJECT NO. 259; AND AUTHORIZE PAYMENT FOR THE DESIGN OF THE CITY SURVEILLANCE ITEMS• Mr. Flora, Public Works Director, stated that bids were opened for the SCADA Project No. 259. He stated that the low bidder was Automatic Systems with a total bid of $376,850.00, and staff recommends that the bid be awarded to them. Mr. Flora stated that it is also requested that Council authorize payment to Maier Stewart and Associates for the design of the City surveillance items in the amount of $1,767.10. MOTION by Councilman Billings to receive the following bids for the Supervisory Control and Data Acquisition (SCADA) Project No. 259: Bidder Automatic Systems 2400 W. County Road D St. Paul, MN 55112 Bacon's Electric 6525 Central Avenue N.E. Minneapolis, MN 55432 Killmer Electric 9702 85th Avenue N. Maple Grove, MN 55369 Total Bid $376,850.00 $434,950.00 $505,072.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to award the contract for the Supervisory Control and Data Acquisition (SCADA) Project No. 259 to the low bidder, Automatic Systems in the amount of $376,850.00. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to authorize payment to Maier Stewart and Associates in the amount of $1,767.10 for the design of the City surveillance items. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 39. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13 1993 PAGE 24 40. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 51182 through 51638. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 41. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 42. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month of July, 1993. . . . . . . . . . $ 10,207.50 Northwest Asphalt 1451 County Road 8 Shakopee, MN 55379 Street Reconstruction Program . Project No. ST. 1993 - 1& 2 Estimate No. 2 . . . . . . . . . . . . . . . $237, 137. 34 Isaacson Lawn Care 10515 County Road 116 Rogers, MN 55374 Lake Pointe Maintenance Project No. 244 Estimate No. 5 . . . . . . . . . . . . . . . $ 3, 497. 36 Gunderson Brothers Cement Contracting 2235 Snelling Avenue Minneapolis, MN 55404 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 245 Estimate No. 5 . . . . . . . . . . . . . . . $ 698.25 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 25 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 13, 1993 adjourned at 11:02 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: r � _ � DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley September 23, 1993 � William Burns, City Manager � "� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Conduct Public Hearing for Preliminary Plat Request, P.S. #93-02, by the City of Fridley The City Council established September 27, 1993 as the date of the public hearing. Staff recommends that the City Council conduct the public hearing. MM/dn M-93-544 r-- S TAFF REP O RT Community Development Department � Appeals Commission Date Planning Commission Date= July 14 , 1993 City Council Date : September 13, 1993 Se�tember 27 ]993 REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the � Comprehensive Plan Compatibility with Adjacent . Zoning and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author MM/dn P.S. ��93-02 City of Fridley To replat Shorewood Plaza to correct survey errors Highway 65 and East Moore Lake Drive C-3, General Shopping Center District Retail C-3, General Shopping Center to the West; R-1, Single Family Dwelling to the North and East; P, Public, to the South. Retail to the West, residential to the North and East, park to the South. N/A Rice Creek Approval Approval Staff Report P.S. #93-02, by the City of Fridley Shorewood Plaza Revised Page 2 Request The City of Fridley, in conjunction with the adjacent property owners, are proposing to replat the plat of Shorewood Plaza. The request is in order to correct errors which occurred during the design of East Moore Lake Drive N.E. Approval of the revised plat will allow recording of bikeway/walkway, drainage, and utility easements on the properties. The request is generally located between Central Avenue and Highway 65 on either side of East Moore Lake Drive. Properties involved include the old Shorewood Shopping Center, the Sears Outlet building, the Moore Lake Racquet, Swim, and Health Club, and East Moore Lake Commons. Historv The original Shorewood Plaza plat was approved by the City Council in 1987. The plat review and approval was to allow development of the adjacent propertie�s. The City was also redesigning East Moore Lake Drive to accommodate the increased traffic.- The City's consultant had not designed the road to meet Minnesota State Aid Street requirements, and the street design needed to be realigned. As a result of the realignment, additional right-of-way not dedicated on the recorded plat was needed to accommodate the redesigned East Moore Lake Drive. A surveyor's certificate of correction was recorded; however, easements for bikeway/walkway, street, drainage, and utility purposes were unable to be recorded against the plat. The original Shorewood Plaza plat did not include the property containing the old Shorewood Shopping Center located at the corner of Highway 65 and East Moore Lake Drive. The revised plat will include this parcel. As part of the revised Shorewood Plaza plat, there are a number of outlots as well as a lot line between Lot 1, Block 2 and Lot 2, Block 2, Shorewood Plaza Revised. P'roperty to the west of this line is Torrens property, and property to the east of this line is Abstract. A lot line must be created where the boundaries between Torrens and Abstract property occur. �All of the proposed lots meet the minimum lot area and lot width requirements for the C-3, General Shopping Center District regulations. Road Curvatures In order to correct the errors created by the change in alignment, additional right-of-way must be dedicated for East Moore Lake Drive. The following road curvatures must be corrected: : 5taff Report P.S. #93-02, by the City of Fridley 5horewood Plaza Revised Page 3 * The north edge of East Moore Lake Drive in front of the old shopping center. * The south edge of East Moore Lake Drive in front of East Moore Lake Commons. Please refer to the drawings entitled "Curvature Correction" which depict the changes in right-of-way. Utility Easements Bikeway/Walkway As part of the East Moore Lake Commons development, a bikeway/ walkway was installed adjacent to the south curb of East Moore Lake Drive. This bikeway/walkway was not constructed within the right- of-way; therefore, a bikeway/walkway easement defined as Utility Easements B and D will be dedicated on the �lat. In addition, a bikeway/walkway was proposed for the southwest corner of the Moore Lake Racquet, Swim, and Health Club property as part of the original development. This bikeway/walkway was not constructed; however, the City retained an easement in order to construct a bikewayJwalkway in the future. Please refer to the map entitled, "Bikeway/Walkway Easements" for the depiction of the location of the bikeway/walkway easements. Sewer, Water, and Drainage Easements The original Shorewood Plaza plat had a number of easements dedicated for utility purposes. The utilities serving the new development were not constructed within the originally dedicated easements. The easements.depicted on the map entitled, "Water, Sewer, Drainage Easements" must be dedicated in order to allow the City to access these utilities. Those easements which are depicted as "hatched" areas are drainage easements, and contain s�orm water detention ponds for the development. A vacation request to vacate all easements dedicated under the original Shorewood Plaza plat will be processed by the City and recorded prior to recording the revised plat. Outlot B The City is currently working with th order to us� the treated water from the Plant. A booster station is proposed t the Shorewood Plaza Revised plat. negotiating with the property owner t portion of Outlot B. 1C e City of New Brighton in Twin City Army Ammunitions o be located on Outlot B of The City is currently o acquire either all or a Staff Report P.S. #93-02, by the City of Fridley � Shorewood Plaza Revised Page 4 Recommendation Staff recommends that the Planning Commission recommend approval of the pZat request, P.S. #93-02, by the City of Fridley to the City Council. City staff will initiate the vacation request to vacate all easements after Planning Commission action. There are no recommended stipulations. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. 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M O 1 / � `� �i`o , � M � �� D J � Q�� Q �� _ `7 � , �. � � _... ' o`��o�� , / �- � \ '^IO ; , � � � -Co 0� �oQF'�"� �'fl ? � �� r,O Q� �. � N oA � v .EY.\5�� Q / r � -�� - „ (/ o O � / _ �, ,L e � � - �� ' �� .�- .� P � v � . � �u L ri � � � � � � o�� ^� 1 1 `... � �\ � - t,�'�� y\ / � Q¢P � n� � � � ��'�� " � � �P � � '''"UT►L1T�( � i ,� 5 c 0 T ,�0�� ,�� L N � �,_ . .. • �� .�� , . � 'p I � � ' � I ' � � ��.�j�.i'�E.�`�iT 'O , UT \l..iY�� __ -- ^ � � VJ, _ � � „ IAl . � .., , . ,o,o� ,� �; �-� 1G ,; Curvature Correction ' °' ,�'� � � i k, l I�s_> ' I/ �'' `��` ` . �' ��i-� : . :�_�\`� � D x, r� v , � /�\ v � :�� ;:,N � �/� /a? ° . F J P.S. ��93-02 12�u�dy L. KurCh, d Surveyor Shorewood Plaza Revised htinnesot�� Rebistration No. 20270 KurCh Surveying, Inc, 4002 Jefferson St. N.E. Colunbia Heights, Minnesota 55421 (612) 78��9769 Fax (612) 788-7602 ��' N; � ; �� ` �j 1 � �� - � �� ,�. � � - - � ' � �' �' \ � � L � �.. � . r��• � � a ��` � _ � ) ��1`l '� � �.z � t.✓'� 1' � � c, � l- �-- ` • . � � . .- , =� I -- v • L�• �� _ �r— /' / • . / � — — h � i QJ`< G��,M OL6D DqTGD .itSLK,1Z,�q$S to tSY 14.1 T EAyEMEr1Y .. � n ` �o . „ o - . �V I , �QV�, �o\G�.�� —„— ---- �,t o i ��v // / J i �.� �P � P f``' a� � % � � , � ��s. . .:, . �_ _ % _ v�, �� wGR� V'A � . �� O . P�V N �J � �. �Qti Q c; . �� v , �T .T J \; _.; ^ ._, . c� j D r-;' r, N �� , . :S Q �_ , �� - ��',d <�, / / D � 1' . , 1 Q �;: � � , �� y � �, y �J✓ .i S' c0 n n D � � V �Q� ��J � � � : V / h� ,� � ,` ). D � r,, .�; ,. J/" �� 5_ l l LOT 3 , � BLOCK 2 1H uT�t-�'rK ESM�T ��- 4 ��" RcP � w � z � W , � �� G � �! � � 3 D '� � i � � � I U � � > d a J � _� 0 � � � � o r � Q E' W Curvature Correction � � � � � � i I P.S. ;�93-02 . , Shorewood Plaza Revised � PRELIMINARY PLAT SHOREWOOD ' PLAZA REVISED • . � w ,p,�. . � , � ,. :�:^� �. .� ,. .�. �. .,�, ,: � , >: .,, �.�.. .. .. ��;�,,.�.�., ° ,�..' , .�u. w ,.....,� w. �:.. � � M� Wa ef tM WYr� O+vak of �wn�lmtl�ll. Town�Y 10.�W�w ]�. [tuw r� y��Wru �y� �W c.u.�lr ol imu uu ��oalwn ]m uolTtai' �auv1l �•+��I� al� •rt sn� a�w N wwl� et wu mN �lYw.r �+. �. +r u� �.� .. um.o:a.....�.........��.w �.. �....a 9.194i �w�..ai � �. ru • rua cur. ��. . � /J ie. i. .m n��. wn �. .�a o,�ix c� y�_��+� o.�ur a.nw. w. - ��x �. ao> >: aw�x �. �. .a s. .a nva.a a.� .� w.�.. ry.,,u. r. am � nanmG �w. �.�uu..a �l.nua �. 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'1CKL W i!<T Y1.tl � I I�CN . �O naCT --.— � �M�TARY �aw ' ---� — � �TOnw wWaN � O�RaCT�Oy, - . --.— N/�TCR W..�N I ---��M�uLI \/�1Y��VIlY 49tNLMTt�Nt --- � ��KIi.L Y�l MaIM�MI 4Y� I 1 I . �.�.K.o. ,�,��w� .o .�.. w.� , I �.� . .,,,. .,.>.....r Bikeway/Walkway Easements P.S. ��93-02 Shorewood Plaza Revised PRELIMINARY PLAT � SHOREWOOD ' PLAZA REVISED . • .. � �. � ��R,a a � � .,� �: � , .,�, �: � , .� , .� .: .�, �.�.. .. .. �. .... ., . o� .a..� w.. .�,. �,. :�..�.. .. �.�...,.�., ,.�.�.�� ° ,,...,.�v, �.......,c �..;., �� Mt �t el w bn�t Wvt.� at �.calm il. iu+YU� IY. �rP N. 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N 1��1cP P+V�� / � w.� r- u Imi rr n tm� m We.r se.s... w.o=.... \� OJ'::.G'I' b �.a`..' {r+�t '0' - ia 1mt ��N [a uIKW W WP. ��. �tl irW�'Y P�9d+� 'iN9:lE:VMJUJ G �i.:_l /- • ✓"� ��f • a�r¢'! - If Imt .16 la IuW� �Ywf -�Ib+� P�pa��. -- � ,� .,.d.,. � .,a ....� .�..,.a. � .b. ,a. .�..,....R.... � O UTLOT B �d �' �.....,, \ •' i' � n u� .. �in c�. :�.4 �- I ,�` i.�:;:1 \ \ 4yl�p � . • �,,.wM . ... ul ' .... r .. � r , ��..,, \ \ f � / .�f� { . �/ �..:' .� � % •* OUTLOT A � r'~ a � .f ., ,. / � I � � /�U . ' 1 , �,r ,. � s j o W •.�,�,,:-: �;r t' � '� �o . O �� V�V � " �,/ ;#W W � ; OqE Lq VT��T � ; �.,,. �;� ,� :i J � ( C � , l +• / Kg ti �O weST /�• �" LOT 3. J o, �,,�,r T) � OC� �� C�r R � �.l Q Z o � v�' � e � ,�`•f BLOCK 2 �. I } �t 'c~ f '�� °�yj` . < ' 3 J � ° � •/ � � ( r l�i = O ��S O��f`U V 2 � * ,4/ ` MOORE LAKE EAST 1 ' S a ' ' tll � --_ _ ..� �//' .. -�- � � EAST MOORE "Lp.Kt y� i F- ,.--./ __ ..,.... � _ I� � � - -°—_°-� — : � I�` Z i ' i.o, � . u�.�:.n: _' W . swr.:.t:wnct� s•:_azq . � � �, , LOT 4 - < �� BLOCK � j� 'MOORE LAKE RAGQUET Q '� `/I ..-.._ :Y (S� I � \ � I- '�l �ARS ; I ' ' . t � SWIM 1 HEALTH CLUB .o ✓� ' � � SURVLLL� . c �I �?"� O � 0 3 . W�� RETAIL ! 1' ' ' I� s� J � l cen�eR : ' � O �' LOT 2',J 'C d i oZ, � Q ,r .t K; t � n � � f .. v r �� :: � ,I • BLOCK 2 � , � �r,% �:� ,,� .� / o� ' � I ` � � n . . z � , «r�� ; z;' 1 �l yti` — � � O I ,� � v .� : r -,-,, --•— . � . . � r.. . .. w � •-.� - " `�' _�• _ •�. ��, r��.� I , .." .. ..�., r y - "= ' � � I '�� I �.�c��,�:',�,:^i: I F �.:t .. � �a'i:�c:; 1:.). 5d I :��.. �_' � - � • / 'i �:� . SiU17o'n.� —� , I_ / I .ow�• �R� .x.�. --3uaUnL�r:�t — . I � I i O'� . kUNUf::I. �tl / � � � i �. . � �._ - - --__ � � . � ------ � .�.�R. .,�.�... - .. �- -- ._. _. �- -- — =--_____—�� , --_ � -- ---- f- MOORE LAKE _ ,� ,� �, ,}, � . 6MVMK �1C-wL IM FCIT w.0 � � �wcw . �o �acT —.— . wut..wv ..w � —. — . nowa ..wu � s wacT�ey - . —.— . ww.cw .+��n � i -- — � �Mw.(.l 1/wl Yi��.�iY M%MCM� 4ML ��_ �� N�G1� V�� MvlM4�[ tw i • r.�.CM�oI AD)/.LWt 10 cwK. GYM }-� . IIPI NVOR/WT I � 1J ' Water/Sewer/Drainage Easemenis CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 '� (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT PLAT APPLICATION FORM PROFERTY INFORMATION - site plan required for submittal; see attached Address: ' Property Identification Number (PIN) Legal description: Lot Block TracdAddition Current zoning: (� - Reason for plat: � r Square footage/acreage Have you operated a business in a city which required a business license? Yes No _�_ If yes, which city? If yes, what rype of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME ADDRES SIGNATURE PETITIONER INFORMATION NAME � � _ ADDRESS � �,;� ( DAYTIME PHONE _ _ DATE DAYTIME PHONE SIGNATURE `� DATE Fee: $500.00 for 20 lots $ 15.00 for each additional lot � Petmit P.S. # `�J �-�:' �, Receipt # Application received by: Scheduled Planning Commission date: � � � j Scheduled City Council date: 1K � - - July 14,1993 3535 VADNAIS CENTER DRI VE, 200 SEH CENTER, ST. PAUL, MN 55110 612 490-2000 800 325-2055 ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION RE: Fridley, Minnesota Shorewood Replat East Moore Lake Drive SEH File No. 88057 Ms. Barbara Dacy, AICP Community Development Director City of Fridley 6431 University Avenue N.E. Fridley, NIlV 55432 Dear Ms. Dacy: Thank you for sending a copy of the staff report and an agenda for the July 14th Planning Commission meeting. Unfortunately, we didn't receive our copy until July 13th and we cannot rearrange our schedules to be in attendance at the meeting. We have been concerned about the replatting since June 10, 1991, when we received a copy of City Attorney Newman's letter dated May 26,1989. This letter indicated that an error was made when SEH originally designed the alignment of Rice Creek Road. As our june 25, 1991, letter pointed out, we followed the original alignment in the redesign of Rice Creed Road. When the Minnesota Department of Transportation State Aid SecEion would not accept that alignment, there were two alternates available to the City. One was to request a variance from the design requirements, and the second to modify the aligninent to provide minimum curvature. The City, SEH and Suburban Engineering agreed to modify the alignment and replat at a March 29, 1988, meeting, and until June 10,1991, we were under the impression that the replatting had been completed. In addition to the replatting for the slight realignment of right-of-way to accommodate the road, there are numerous other correciions being made by the replatting. The coSt allotment by Kurth Engineering in 1989 assigned a value of $600.00 to the road realignment, approximately 10% of the entire amount of work to be done. We are therefore somewhat concerned that the staff report indicates that the "request is in order to correct errors which occurred during the design of East Moore Lake Drive." In reality, it is an accumulation of numerous problems and concerns relating to the plat which can best be accomplished through a replatting process. SHORT ELLl01-T HENORICKSON INC. MINNEAPOLIS, MN ), MN CHIPPEWA FALLS, WI MADISON, WI 1L July 14,1993 Page 2 We support the replatting and, on June 25, 1991, provided a check to reflect the total amount assigned to the realignment of Rice Creek Road, now known as East Moore Lake Drive. We feel that our exposure to.this concern was created by the failure of Suburban Engineering to replat as agreed to in 1988. Rerngnizing the many parties involved, the amount of time which would be spent in researching why the replat was not done in 1988 and our commitment to service, we provided the $600.00 check. We would request that your report to the City Council indicates that the replat is due to a culmination of several factors, or inelude this letter and the attached letters and notes. We believe they would help clarify the roles and responsibilities of the many parties involved in the need to replat. If you have an� questions, or would like to discuss our concerns further, please feel free to call me at 490-2045. Sincerely, , �2�� (/G�r! (.�//t,rn.�t� Glen Van Wormer Manager Transportation Department GVW:kam Enclosures c: John Flora, Director of Public Works, City of Fridley 1M CITY OF FRIDLEY PLANNING COMMISSION MEETING, JIILY 14, 1993 CALL TO ORDER• Chairperson Newman called the July 14,� 1993, Pla ng Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave Newman, Dave ndrick, Dean Saba, Diane Savage, B Sielaff, Connie Modig, LeRoy Oquist Members Absent: None Others Present: Mic le McPherson, Planning Assistant nt Fernelius, Housing Coordinator George Applebaum, Shorewood Plaza Partners Leonard Juster, rep. Northwest Racquet Club APPROVAL O JUNE 23 1993 PLANNING COMMISSION MINUTES: MOTION y Mr. Sielaff, seconded by Mr. Saba, to approve the June 23, 93, Planning Commission minutes as written. i�ON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE _ MOTION CARRIED IINANIMOIISLY. l. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT. P.S. #93-02, BY THE CITY OF FRIDLEY: To replat property described as Lot 1, Block 1, Shorewood Plaza, Lot 1, Block 2, Shorewood Plaza, Lots 1 and 2, Block 3, Shorewood Plaza, Outlots A, B, C, and D, Shorewood Plaza, and that part of the Southwest Quarter of Section 13 , Township 30, Range 24, Anoka County, Minnesota, lying southerly of Moore Lake Highlands 3rd Addition, northerly and westerly of Moore Lake Drive and easterly of State Trunk Highway 65. This property is generally located at the intersection of Highway 65 and East Moore Lake Drive, between Highway 65 and Central Avenue. The subject parcels include the East and West Moore Lake Shopping Centers, the Northwest Racquet, Swim & Health Club, and Sears Outlet. The purpose of this plat is to correct errors from the previous 1989 plat. No new development is proposed. MOTION by Mr. Kondrick, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. ! 1N pLANNING COMMISSION MEETING JIILY 14 1993 PAGE 2 UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE POBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the Shorewood Plaza Replat is to revise the Shorewood Plaza Plat which was approved by the City of Fridley in 1987. The properties involved are the old Shorewood Shopping Center, the East Moore Lake Commons Shopping Center, the Sears Outlot building, the Moore Lake Racquet, Swim & Health Club, and Outlot B which is at the intersection of East Moore Lake Drive and 63rd Avenue. Ms. McPherson stated that during the replatting process, the City was also in the process of redesigning and reconstructing East Moore Lake Drive in order to accommodate the increased traffic from the proposed development. The Minnesota State Aid Department denied the City's original design; and after the plat was approved, the City had to redesign the road to meet the Minnesota State Aid Street (MSAS) Standards. As a result of the realignm�nt and the redesign of the road, additional right-of-way was needed. The City also has to return some right-of-way that had been dedicated. A Surveyor's Certificate was recorded after the plat had been recorded; however, this did not allow the City to record the required bikeway/walkway, street, drainage, and utility easements against the new plat. The original plat did not includs the old Shorewood Shopping Center; however, that property is included in the revised plat request. - Ms. McPherson stated that as part of the revised shorewood Plaza ,,.. Plat, several lots and blocks are being created by this p a request, including a lot line which appears to split the Racquet Club lot into portions. The purpose for the location of this lot line is that the property changes from Torrens property to Abstract property at that location, and separate lots must be created in order to allow the recording of the appropriate property titles. The lots as created do meet the minimum requirements of the C-3, �eneral Shopping Center District, regulations. Ms. McPherson stated that due to the realignment of �hz roa� design, additional right-of-way needs to be dedicated in order to allow the street to exist within the appropriate right-of-way. The following road curvatures must be corrected: l. The north edge of East Moore Lake Drive in front of the old shopping center. 2. The south edge oF East Moore Lake Drive in front of East Moore Lake Commons Ms. McPherson stated the bikeway/walkways easements which need �o be recorded include easements for the existing bikeway/walkway along the south edge of East Moore Lake Drive, as well as an easement for future bikeway construction south along the service 10 PLANNING COMMISSION MEETING JULY 14 1993 PAGE 3 road adjacent to Sears Outiet and around the detention facilities of the Moore Lake Racquet, Swim & Health Club. Ms. McPherson stated there are street, drainage, and utility easements which were unable to be recorded against the original plat. The original Shorewood Plaza Plat had several dedicated utility easements. However, the utilities as constructed Por the development do not fall within those originally dedicated easements. The previously dedicated easements will need to be vacated by a blanket vacation ordinance which will come before the Planning Commission in August and will be recorded prior to the City recording the revised plat. The easements depicted on the map entitled "Water, Sewer, Drainage Easements" must be dedicated in order to allow the City to access these utilities. Ms. McPherson stated that as a side item to this plat request is the proposed booster station that the City will construct as part of the joint powers agreement with the City of New Brighton to receive the water from the Twin City Army Ammunitions Plant. At the time the staff report was written, staff anticipated that the City would be acquiring the entire parcel and proposing a split. The City will be acquiring the parcel; however, they will not be pursuing a split of the property at this time. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the plat request, P.S. #93-02, by the City of Fridley as proposed. Mr. Kondrick asked if the City anticipates any costs to be borne by property owners in the area other than the City of Fridley. Ms. McPherson stated that while the City of Fridley is shepherding this particular request through the process, it is somewhat of a joint application in which the City has come to an agreement with adjacent property owners to pay for the surveying costs. Al1 the legal and title fees will be the responsibility of the adjacent property owners. The property owners are aware of this and are willing to correct the legal land problems. Mr. Leonard�Juster stated a lot of errors were made when East Moore Lake Drive was designed. This proposal by the City to clear up the legal land problems is welcomed by the adjoining property owners, and all the costs will be covered by the adjoining property owners. Mr. George Applebaum stated'he is in agreement with Mr. Juster's statement. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. � 1P pLANNING COMMISSION MEETING JIILY 14 1993 PAGE 4 MOTION by Mr. Kondrick, seconded by Ms. Savage, to recommend to City Council approval of Preliminary Plat, P.S. #93-02, by the City of Fridley to replat property described as Lot 1, Block 1, Shorewood Plaza, Lot 1, Block 2, Shorewood Plaza, Lots 1 and 2, Block 3, Shorewood Plaza, Outlots A, B, C, and D, Shorewood Plaza, and that part of the Southwest Quarter of Section 13, Township 30, Range 24, Anoka County, Minnesota, lying southerly of Moore Lake Highlands 3rd Addition, northerly and westerly of Moore Lake Drive anc� easterly of State Trunk Highway 65. This property is generally located at the intersection of Highway b5 and East Moore Lake Drive, between Highway 65 and Central Avenue. The subject parcels include the East and West Moore Lake Shopping Centers, the Northwest Racquet, Swim & Heaith Club, and Sears Outlet. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Newman stated that the letter dated July 14, 1993, from Glen Van Wormer, Manager, Transportation Department, for SEH, should be included as part of the record. 2. RECEIVE JUNE 7 1993 PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr• Oquist, to receive th�'June 7, 1993, Parks & Recreation CommisSion minutes. / / IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN CLARED THE MOTION CARRIED IINANIMOIISLY. 3. MOTION by Ms. Savage, seconded by Mr. 22, 1993, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, MOTION CAR�tIED UNANIMOIISLY. / 4. RECEIVr: t�tAY lu COMMISSION MINUTES: , to receive the June NEWMAN DECLAR.ED THE MOTION by Mr. Sielaff,�conded by Mr. Kondrick, to receive�the May 18, 1993, Environmen��al Quality & Energy Commission minutes. IIPON A VOICE V� MOTION CARRIED 5. /ALL VOTZNG AYE, CHAIRPERSON NEWMAN DECLARED THE ANIMOUSLY. 3 MOTION y Mr. Oquist, seconded by Ms. Modig, to receive the June 3, 19 3, Human Resources.Commission minutes. II ON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEFTMAN DECLARED THE OTION CARRIED UNANIMODSLY. 1Q � _ � -- � DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley September 23, 1993 William Burns, City Manager �'�0 �� Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Public Hearing for Vacation Request, SAV #93- 03, by the City of Fridley The City Council established September 27, 1993 as the date of the public hearing. Staff recommends that the City Council conduct the public hearing. MM/dn M-93-545 S TAFF REPORT Community Development Department � Appeals Commission Date Planning Commission Date August 11, 1993 City Council Date : September 13, 1993 Sentember 27 1993 REQUEST Permit Number SAV #93-03 Applicant City of Fridley Proposed To vacate all easements c�dicated on the plat of Request Shorewood Plaza Location Highway 65 and East Moore Lake Drive SITE DATA Size Density Present Zoning Present Land Use(s) C-3, General Shopping.Center District Retail Adjacent C-3, General Shopping Center, to the W; 1�-1, Single Family Zoning Dwelling, to the N& E; P, Public, to the S Adjacent Land Use(s) Retail to the W, Residential to the N& E, Park to the S Utilities Park Dedication N/A _ Watershed District �°e �� ANALYS�S Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author MM:ls Approval Approval Staff Report SAV #93-03, City of Fridley Page 2 Request The City of Fridley, in conjunction with the adjacent property owners are currently processing a replat of Shorewood Plaza. The replat request is required in order to correct errors which occurred during the design of East Moore Lake Drive N.E. Related to the replat request is a vacation request to vacate existing easements dedicated as part of the original Shorewood Plaza plat. The request is generally located between Central Avenue and Highway 65 on either side of East Moore Lake Drive. The properties involved include the old Shorewood Shopping Center, the Sears Outlet building, the Moore Lake Racquet, Swim & Health Club, and East Moore Lake Commons. The Planning Commission reviewed the revised plat at its July 14, 1993, meeting. The Planning Commission recommended that the City Council approve the revised plat as proposed. Dedicated on the plat are new utility easements for bikeway/walkway purposes as well as drainage and utility easements for the various utilities serving the development. The utilities as installed do not fall within the easements originally dedicated on the Shorewood Plaza plat. These easements should therefore be vacated as they are unnecessary The necessary easements will be recorded when the revised plat is recorded at the County. Recommendation Staff recommends that the Planning Commission recommend approval of the vacation request to the City Council. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. Citv Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. : P�'GL/Ml/V/-11ZY nL/�T 5�-�D�C vt/OD� �L,� ZA � - � '� �....,._.� - � � I / � w..�_.. � I, 5 �ru•�,t. �J � - '� �'�A �� tL q ►'_---- --' -rn �-' � � 4. ' \ ' �{c. `��. / ' � � .r.. _ t �aa•: �� ' * . . . sc� � j r 'r ' .1� ••,• � ��6 y �{ - •�... - I, � ! - . i �,rt1°i ,e :: .e , �--- -- -- -- - - I- . �f:/' \ �. ' =�.Li: .` i� S� �i � Y/-/7 ,�. . ,� i \ %'/,• \ . �• � � � i4 ��ti� � � ..'_I/�/�,J 4'. .. • J' �\ .. � JI� \'1... ` �r � -�� . ./) •_ I . 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Q(��, r:a" •� �. .;}+, V � I .c lqyt ��T �.�, ' `�:� / " E (,+ t r C�T � Esr RErq� .� ��' j"' lOT 3. J o, z j` `^,..�t .. , B�OC/( 4 ��tTER v .. �%� � / ,�� BLOCK 2 � Z ^ " ? � �� ( r, a�i Y � )' � t°UC' �. � . J � � O �` ,/ - `� � x 3 ":: �� I ir �� = f, j � �4/ `• MOORE L/�.KE EAST o i o • tIl Y ;q � j . � ----�_._ - . ...�+ �,� � EAST �—"�- p( � --- MOORE -Lp,w� � r ,�-✓ I _ W � �..�' �.t�. ��:a:. ~w --- — -- : ,� �� Z � 1 � . ;. •..;r.:v:wn " t W C.�t� i•:.:.<q 4 `I .Il w I�� LOT 1,~BLOCK 1 = —� - - . �< < �, f� MOORE LAK£ RAGQUET �.. o , ;r ,, � � , h ' f' �ARS : � �. �' \ . bWIM 1 HCALTH GLUB � 'n SURCLU� ' I Y+ O O '� I.;_ C� .r . ,T 'u � ReTq�L � j '� ctNTeR �� ' � a 0, -� LOT 2' Q I� Ir ' _ / �� 32 + � n 'A � � .W.�-' ! . ..v' / �.� y � ol n � BLOCK 2 �.- ' i i_ %� z� � .i ! .� 1 � I c � � Z , � ,.� �.� � : :: � � � �l� �l___ . . U I Q � � � y� _ ��, _._._ . � - . , I .�.. , _ t' I �}�— -Y• ..r. `��'. :.J�I'ICI'.t"� I . . ..'...:`F:� T V _ _ l �1/ . I •�".:bn�'l�`..�t: � I '•, F �:T •' ' 'R'+4\ �;a. aa ( =.a .. _,- � ' . J � � i. . �:virox-.. — � I i I , r...a i a w.� w�anJ -- ��"��!`��o�t — --� � I I p . kUN'u'l.it stl / . I Il 1 � --�==- •• ° � �,. --I -- r-�—�.�—�� -� --..�, ..__ / . �� • : / MOORE LAKE • - r r •r yr . 611�.MK �fC/+Ll W GL6T fG/.11 . 11MCM . �O �aCT —.— � �MIi�RV Mw � —. — . �ew.. ..w.w � e w.c�.w - � —.— . w.nen w.�n ' -- � � �MW.LI 1/A Y��411Y M1lMLM1 4ML � --'— � ��K�4. V�� MaIMWI ura �� KK�a�ol AD)4CW� �O te�.[. CUhO � I H , r�wa ...ow.w� j 2D . New water/Sewer/Drainage Easements 1. Preliminary p lat request, P•S- #93-� , shall be approved. THENMOTIONCCARRIED IINANIMOIISLYAYE IRPERSON NEWMAN DECLARED Council will conduct a public Ms. McPherson stated t City re ests on hearing for the pre ' inary plat and rezoning � September 27, • 3, SAV 93-03 BY THE CITY OF F�heLEublic�forcdrainageeand ents as donated and dedicated to P utility puzposes and as shown °n SurveyorrseCertificate Shorewood Plaza, as corrected by files as Document No. 176792. All in Anoka County, Minnesota. This property is generally located at the intersectio65°and Highway 65 and East Moore Lake Drive between Highway Central Avenue. The subject parcels include the East e�dsWi�tarid Healthe Shopping Centers, the Northwest Racqu Club, and Sears Outlet. Commission recently reviewed a Ms. McPherson stated the Planning to replat the Shorewood Plaza plat request by the City of Fridley Ne�,,� easements for plat which was approved by the City in 1987- e, and bikeway/Wa1�aY Purposes are to be utility, drainag lat. In order to avoid any dedicated on the new revised p confusion, staff is suggesting that the existing easements whic are not being utilized by the utilities or various bikeway/ walkway s be vacated prior to recording the plat with its associated easements. A number afWithintthe easementseasWtheyn this development were not locate that appropriate easements were dedicated. The City is ensuring rovide proper access are being dedicated over those utilities,to p for the City. Ms. McPherson stated staff recommends that the PlaneS�g Staff Commission recommend approval of this vacation requ rior to the will ensure that the vacation ordinance is recorded p recording of the new plat. seconded by Mr. Sielaff, to recommend to City MOTION by Mr. Saba, b the City of Fridley to vacate Council approval of SAV #93-03, Y all easements as donated and dedicated to the public for drainage ur oses and as shown on the recorded plat of and utility p p Surve or's Certificate files as Shozewood Plaza, as corrected bY y Minnesota. Document No. 176792. All in Anoka County, f This property is generally located at the intersection o Highway 65 and East Moore Lake Drive between Highway 65 and Central Avenue. 2E PLANNING COMMISSION MEETING AIIGQST 11 1993 PAGE 11 The subject parcels include the East and West Moore Lake Shopping Centers, the Northwest Racquet Swim and Health Club, and Sears Outlet. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 4. RECEIVE JULY 8, 1993, HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Kondrick, seconded by Mr. $aba, to receiv the July 8, 1993, Housing & Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON/�rf�TMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. LS COMMI�SION MINUTES: MOTION by Mr. Kondrick, seconded by� . Sielaff, to receive the July 27, 1993, Appeals Commission 'nutes. IIPON A VOICE VOTE, ALL VOTING E, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIIS . ADJOURNMENT- MOTION by Mr. Kond/ ri,,c�lc, seconded by Mr. Saba, to adj ourn the meeting. Upon a v� ce vote, all voting aye, Chairperson Newman declared the mot on carzied unanimously and the August 11, 1993, Planning Commi�on meeting adjourned at 8:30 p.m. ly submitted, Ly -Saba f - - cording Secretary 2F r � � � Community Development Department PLA►�VNIl�TG DIVISION City of Fr�idley DATE: September 23, 1993 � TO: William Burns, City Manager ,�� v FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Conduct Public Hearing for Rezoning Request, ZOA #93-01, by Oliver Tam; 1160 Fireside Drive N.E. The City Council established September 27, 1993 as the date of the public hearing. Staff recommends that the City Council conduct the public hearing. MM/dn M-93-543 STAFF REPORT � I Community Development Department � Appeals Commission Date Planning Commission Date August 11, 1993 City Council Date� September 13, 1993 Sentember 27 1993 REQUEST Permit Number Applicant Proposed Request � Location SITE DATA Size Density Preserrt Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication � Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Pian Compatibility with Adjacent Zoning and Uses Environmental Considerations � RECOMMENDATION ' Staff Appeals Commission Planning Commission Author . MM:1s ZOA #93-01 Oliver Tam Zb rezone a portion of a paroel fn�n C-3, General Shopping Oent,er District, to 1�3, General Multiple Dw�elling 1160 Fireside Drive 114,048 sq. ft.; 2.61 acres C-3, General Shapping Center District Re tai 3./Res i dexiti al 1�4, Mabile Hare Park, to E& W; C-3, General Shopping Center I7istrict, to S& N; M-1, Lic�t Industrial, tA�the S Resiclentiai tro the E& W; Vacant to the S; Retail to the N Riae Creek Approval with stipulations Approval with stipulations �� I D% i'fJ r�� ..,p. y ' ;. .,, � ,�o -t�:�'- -�------ 1� ZOA ��93-01 Oliver Tam lV' //2 SEC. /2 T. 30, R. 2� n . ClTY OF FRlOL£Y i �? � I � 12 24 l � 13 � ,l3� 1 ' l��l ' 9. � 3B LOCATION MAP� ZOA ��93-01 Oliver Tam 3c ZONING MAP �' ; r =� � ;� �: � Staff Report ZOA #93-01, 1160 Page 2 Request Fireside Drive N.E., by Oliver Tam The petitioner requests that a rezoning be approved to rezone Lots 2 and 3, Tam Addition, from C-3, General Shopping Center District, to R-3, General Multiple Dwelling. The request is for 1160 Fires.ide Drive. The rezoning request is for parcels which do not currently exist. The petitioner is processing a plat request to subdivide the subject parcel into three parcels. The petitioner is also processing a variance request to correct existing encroachments for the restaurant located on one of the subject parcels. Site Located on the subject parcel Restaurant and two dwelling units General Shopping Center District, north and south. The properties to 4, Mobile Home Park. Analysis is Tam's Fireside Rice Bowl . The property is zoned C-3, as are the properties to the the east and west are zoned R- Three criteria need to be evaluated in analyzing any rezoning request: 1. 2. District compatibility with adjacent uses and zoning. District intent. 3. Whether or not the parcel meets the district requirements. The petitioner has indicated that the two subject parcels, Lots 2 and 3 of the proposed Tam's Addition, will be used for two new 4- unit buildings. Currently located on the property are two dwelling units which are nonconforming in the C-3, General Shopping Center District. Because R-4 zoning and uses exist on both sides of the parcel, rezoning the parcels to R-3, General Multiple Dwelling, should not cause any adverse impact. The intent of the R-3, General MuZtiple Dwelling District is to provide zoning for multiple family, two-family, and single family dwellings. The existing and proposed uses of the subject parcel are consistent with the intent of the R-3, General Multiple Dwelling district, and would eliminate an existing nonconformity. 3D � Staff Report ZOA #93-01, 1160 Fireside Drive N.E., by Oliver Tam Page 3 The proposed subject parcels meet the minimum requirements of the R-3, General Multiple Dwelling District, regulations. The minimum lot area, lot width, and access requirements are met by the subject parcels as they are proposed to be subdivided. The proposed location of the new dwelling units conform to the setback requirements, and the existing dwelling units would also comply with the setback requirements in their present locations. Recommendation As the proposed rezoning request meets the criteria used to evaluate rezoning requests, staff recommends that the Planning Commission recommend approval of the request to the City Council with one stipulation: � 1. P.S. #93-03 shall be approved. Planninq Commission Action The Planning Commission voted unanimously to recommend approval of the rezoning request to the City,Council. . City Council Recommendation Staff recommends t�at the City Council concur with tfie Planning, Commission. action. 3E w° � HM ��93-01 J TOP NUT NYO. � O /''� ECEV.<a��'er Tam "—' W—!=r�A •Yalnrmalry �� j0 Pornl 600 fee� Easf of the Wes/ /ine n%1a�u h � �_ � FrreHydrant �ol'�he S.E. %q o1')he Kw Q oF Sec. 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I V� rU 'y o �0 0°� � e 994 Z ,�oQ��S'� 89z o ia.� sOO I u BElNO 10 , �� 89693 4 RCAR LO I E p 2 1. $��. e�SE� p� u�„g �� I � r.'�i AS�S �� e�cw5 e9/ 0 � � B 8/TUM/NOUS � . 890 ,6 BY! ; / � t � _ oP �—e�+ z —�w� DRivE yo — 89 e91.� � t.3 W e ` v QNEAO POwER 889 —� 89f ° �vroce , --- � m '�" Y 8936 "" ZBS.00g�+ � BB9.'. m 1p� x Ut�liFy Easemenf Perpoc. ---^ � N.88°4042�fV_ Nc's 3979d1 � 490574 b88�0 W� A/ine which, if exfended, would infersecf the Wes{ line of the S.E. %4 a h oF fhe N. w. j� of Sec. 12, af a pornt distanf � 26 feef Soufherly of the � o-c� Norfhwes' corner of' fhe S�'/q, o{fhe N.W./4 said Sec.72 l � o Q;. i Z � 3F �� _ -� CITY OF FRIDLEY 6431 UNIVERSITY AVENLTE N.E. FRIDLEY, MN 55432 � 'I � �J (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT REZONING APPLICATION FORM �ROPERTY INFORMATION - site plan required for submittal; see attached Address: _ � � � � 1�' fl e�' � ff�C� .�G� ��v f:� . /� • �. f (Z / � � �/ Property Identification Number (PIN) ��`L- � O � 4- a 4-- � o O� Legal description: �_ �,9�� e� c�e� f,2 /�-L�% �. Lot Block Tract/Addition Current zoning: C� Square footagelacrea.ge �' /� ��' � v�2 �� r� fd C Requesting zoning: _ Reason for rezoning: � � � �. Have you operated a business in a ciry which required a business license? ` Yes �_ No If yes, which city? T 12 /` �J �y , If yes, what type of business? n�.:z.��l,i n.�-s� Was that license ever denied or revoked? Yes No �_ FEE OWNER INFORMATION (as it appears on the property title} (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME ADDRESS SIGNATURE NAME _ ADDRESS SIGNATURE `� -- r_ -- � --- -� _ _ . . � .. .._.._. _ _.r-----... �.�----_ R INF.�OR ION ___--�--. � �1—� �,' �.�� , �( � L= i`iii! � � ! li E , - =__-.�1-- .--�--�. DAYTIME PHONE DATE � 7 y� +2 - N•c� DAYTIMEPHONE �7�"�� —��f- �-� -? DATE �f-%'1��_� Fee: $300.00 ____ " Permit ZOA # ��7�� Receipt # � � � � Application received by: Scheduled Planning Conunission date: 11 �� Scheduled City Council date: 3G 0 PLANNING COMMISSION MEETING AUGUST 11 1993 PAGE 8 UPON A VOICE VOTE, AI,L VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. 2, PUBLIC HEARING CONSIDERATION OF A REZONING ZOA �93-01, BY OLIVER TAM: To rezone property from C 3, General Shopping Center to R-3, General Multiple Dwelling on property described as that part of the Southeast Qu3r�teRanfet24, Northwest Quarter of Section 12, Township , 9 Anoka County, Minnesota, described as follows: Commencing at a point on the east line of the Northwest Quarter of said Section 12 distant 726 feet southerly of the northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 12; thence westerly along a line which, if extended, would intersect the west line of the Southeast Quarter of the Northwest Quarter of said Section 12 at a point distant 726 feet southerly of the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 12, a distance of 661.45 feet to the actual point of beginning of the land to be described, thence continuing westerly along said last described line a distance of 288 feet; thence northerly a distance of 396 feet; thence easterly at a right angle a distance of 288 feet; thence southerly at a right angle a distance of 396 feet to the point of beginning. This property is qenerally located at 1160 Fireside Drive N.E. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTED �D THEIPIIBLIC�HEARINGEOPEN ATw8 15DEpCM RED THE MOTION CARRIE Ms. McPherson stated that currently, the two dwelling units are located on the same parcel as the restaurant. These dwelling units are currently nonconforming as residential uses are not permitted in the C-3, General Shopping Center District. In order to allow the petitioner to even upgrade the existing dwellings or construct new ones as he is proposing, the property needs to be rezoned from C-3, General Shopping Center District, to R-3, General Multiple Dwelling. Ms. McPherson stated the rezoning request only pertains to the proposed lots for the multiple family dwelling units. The remaining parcel will remain C-3, General Shopping Center District. Ms. McPherson stated three criteria need to be evaluated in analyzing any rezoning request: l. District compatibility with adjacent uses and zoning 2. District intent 3H pLANNING COMMISSION ME$TING AOGOST 11 1993 PAGE 9 3. Whether or not the parcel meets the district requirements Ms. McPherson stated that as discussed earlier during the plat request, the proposed lots under the subdivision ordinance meet the minimum requirements of the R-3, General-Multiple Dwelling District. Also, the proposed use of the two lots for muitiple family dwelling units is also consistent with the purpose of the R-3, General Multiple Dwelling District, which is to provide zoning for multiple family, two family, and single family dwellings. Ms. McPherson stated the adjacent properties are zoned R-4, Mobile Home Park, so rezoning the two properties to R-3 would not have an adverse impact on the R-4 residential zoning. Ms. McPherson stated that as the request meets the criteria for evaluation of a rezoning request,_ staff recommends the Planning Commission recommend approval of the rezoning request with one stipulation: l. Preliminary plat request, P.S. #93-03, shall be approved. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. QPON A VOICE VOTE, ALI� VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:20 P.M. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approval of rezoning, ZOA #93-01, by Oliver Tam, to rezone property from C-3, General Shopping Center to R-3, General Multiple Dwelling on property described as that part of the Southeast Quarter of the Northwest Quarter of Section 12, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing at a point on the east line of the Northwest Quarter of said Section 12 distant 726 feet southerly of the northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 12; thence westerly along a line which, if extended, would intersect the west line of the Southeast Quarter of the Northwest Quarter of said Section 12 at a point distant 726 feet southerly of the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 12, a distance of 661.45 feet to the actual point of beginning of the land to be described, thence continuing westerly along said last described line a distance of 288 feet; thence northerly a distance of 396 feet; thence easterly at a right angle a distance of 288 feet; thence southerly at a right angle a distance of 396 feet to the point of beginning. This property is generally located at 1150 Fireside Drive N.E., with the following stipulation: 31 a 1- Preliminary plat request, P.S. #93-03, shall be approved. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. Ms. McPherson stated the City Council will conduct a public hearing for the preliminary plat and rezoning requests on September 27, �993, 3- SAV 93-03 BY THE CITY OF FRIDLEY: To vacate all easements as donated and dedicated to the public for drainage and utility purposes and as shown on the recorded plat of � Shorewood Plaza, as corrected by Surveyor's Certifica files as Document No. 176792. All in Anoka County, Minnesota. This property is generally located at the inter ction of Highway 65 and East Moore Lake Drive between H'ghway 65 and Central Avenue. The subject parcels include the East and W st�Moore Lake Shopping Centers, the Northwest Racquet im and Health Club, and Sears Outlet. Ms. McPherson stated the Planning Commiss'on recently reviewed a plat request by the City of Fridley to plat the Shorewood Plaza plat which was approved by the City in 987. New easements for utility, drainage, and bikeway/walkwa u dedicated on the new revised lat. p��oses are to be confusion, staff is suggesting tha the�existingaeasements which are not being utilized by the ut' ities or various bikeway/ walkways be vacated prior to re rding the plat with its associated easements. A numbe of utilities constructed within this development were not lo ted within the easements as they were dedicated. The City i ensuring that appropriate easem�nts are being dedicated over ose utilities to provide proper access for the City. Ms. McPherson stated aff recommends that the Planning Commission recommen. approval of this vacation request. Staff will ensure that t e vacation ordinance is recorded prior to the recording of the ew plat. MOTION b Mr. � Y aba, seconded by Mr. Sielaff, to recommend to City Council appr�l of SAV #93-03, by the City of Fridle to vac all eas'eme s as donated and dedicated to•the public for drainage and utili Iy purposes and as shown on the recorded lat Shorewo Plaza, as corrected by Surveyor's Certificate�files as Docume No. 176792. All in Anoka County, Minnesota. This property is generally located at the intersection of Highway 65 and East Moore Lake Drive between Highway 65 and Central Avenue. 3J r � � J Community Development Department PLAI�TNING DIVISION City of Fridley DATE: September 23, 1993 TO: William Burns, Cit Mana er M� Y 5 � FROM: Barbara Dacy, Community Development Director Michele MCPherson, Planning Assistant SUBJECT: Conduct Public Hearing for Preliminary Plat Request, P.S. #93-03, by Oliver Tam; 1160 Fireside Drive N.E. The City Council established September 27, 1993 as the date of the public hearing. Staff recommends that the City Council conduct the public hearing. MM/dn M-93-542 S TAFF REP () RT � Community Development Department Appeals Commission Date Planning Commission Date August 11, 1993 City Council Date: September 13, 1993 September 27, 1993 REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size � Densit�r Present Zoning Present Land Use{s) Adjacent Zoni�g Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial lmplications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses EnvironmentaP Considerations RECOMMENDATION I Staff Appeals Commission Planning Commission Author �;ls P.S. #93-03 Oliver Tam 'Ib replat property intr� thrne lots 1160 Fi�aid� Drive 114,048 sq. ft.; 2.61 acres C-3, General Shapping Center District Retail/Residential R-4, Mabile Home Park, to E& W; C-3, Ger�eral Shopping Center District, to S& N; NF-1, Light Industrial, to the S Residential to the E& W; Vacant to the S; Retail to the N' $1,500 per lot (2); $.023 per sq. ft. Riee Creek Approval with stipulations Approval with stipulations P . S . �� 93-03 Oliver Tam �� 11! //2 SEC. /2, T. 30 R. 2� n ,�� ;°e;. � .�o. � iY: �u •. �-.,-.... iie . . � i------ 1 � ■ C/T Y . OF FR/OL E Y 2 � � �2 II � � 4B LQCATION MAP P.S. ��93-03 Oliver Tam 4c ZQNING MAP Staff Report P.S. #93-03, Page 2 Request 1160 Fireside Drive N.E., by Oliver Tam The petitioner requests that a plat be approved to split a parcel into three lots. The�request is for 1160 Fireside Drive N.E. In addition to the plat request, the petitioner is also processing a rezoning request to rezone two of the proposed three lots from C-3, General Shopping Center District, to R-3, General Multiple Family Dwelling, to allow th�e construction of two 4-unit dwellings. The petitioner is also processing a variance request to bring existing encroachments of the restaurant facility into conformance. Site Located on the subject parcel is the Tam's Fireside Rice Bowl Restaurant and two existing dwelling units. The property is zoned C-3, General Shopping Center District, as are the properties to the north and south. The properties to the east and west are zoned R- 4, Mobile Home Park. Analysis The petitioner is proposing to create three parcels, two proposed to be rezoned to multiple family and one commercial property. Multiple Family Two multiple family lots are proposed. Each lot meets the minimum lot area requirement of 25,000 square feet for the R-3, Multiple Family Dwelling district, for a 4-unit building. The minimum lot width of 85 feet is met. The proposed setbacks for the multi-unit buildings conform to the zoning district requirements. Each parcel has a minimum of 25 feet of street access. The southerly lot is a"flag" lot in order to provide access to Fireside Drive. While direct access to a public street is preferable, there is adequate room for an additional 25 feet to the east to be dedicated and a cul-de-sac constructed for future residential subdivision to occur. Commercial The remaining portion of the property will be used for the restaurant facility. The lot area exceeds the minimum 35,000 square feet required by the C-3, General Shopping Center District. There is no minimum lot width required by the C-3 district; however, there is adequate room for the restaurant facility. The access will be provided from Fireside Drive. A portion of the access does encroach onto the new lot for the proposed multi-unit building. Cross parking and access easements will need to be recorded against the restaurant and the muZti-family parceZ. � � Staff Report P.S. #93-03, 1160 Fireside Drive N.E., by Oliver Tam Page 3 The restaurant meets exception of the rear residential district. request to reduce the and to reduce the se from 50 feet to 20.4 City Council approv� encroachments. the minimum setback requirements with the yard setback and the setback from an adj acent The Appeals Commission reviewed the variance rear yard setback from 40 feet to 26.8 feet tback from an adjacent residential district feet. The Commission reco�uaaended that the a the variances to correct the existing As part of the plat request, the petitioner proposes to improve the parking lot and provide required B618 concrete curb and gutter. A landscaping plan should a1So be submitted by the petitioner to provide adequate screening and buffering between the restaurant facility and the proposed multi-unit buildings. With the parking lot improvement, a detention facility will be required, and the petitioner will be required to sign a stormwater pond maintenance agreement for maintenance of the detention pond. The engineering department has received the preliminary grading and drainage plan and has provided comments. Recommendation As the proposed plat request meets the minimum requirements of each zoning district, staff recommends that the Planning Commission recommend approval of the request to the City Council with the following stipulations: 1. 2. 3. 4. The petitioner shall submit the information requested in Scott Erickson's �etter dated July 16, 1993, regarding the stormwater pond and the grading and drainage plan. The petitioner shall record against Lots 2 and 3, Block 1, Tam Addition, cross parking and access easements. The petitioner shall submit a landscaping plan. The petitioner shall execute and record against the property a stormwater pond maintenance agreement. Planning Commission Action The Planning Commission voted 6-1 to recommend approval of the request to the City Council. The Commission added the following stipulations: 5. The park dedication fee shall be $1,500 per lot for the residential portion and $.023 per square foot for the remaining portion for the restaurant facility. Payment of the park dedication fee for the residential properties shall be paid at the time of the issuance of the building permit. 43'� �- Staff Report P.S. #93-03, 1160 Fireside Drive N.E., by Oliver Tam Page 4 � 7. A 25 foot street easement shall be dedicated on the easterly portion of the flag lot for a future road. Staff shall work with the petitioner to provide eight parking spaces within both residential lots. Citv Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. As the petitioner has not made a final decision regarding the final design of the dwelling units, staff recommends that stipulation #7 be amended to read: 7. The petitioner shall submit final dwelling plans indicating compliance with the parking requirements of the R-3, General Multiple Family Dwelling district. 4F - c ;� �� Nti�a,� � TOP NU o Nti�� . 93-03 �j E� Ev. i��Lr_ �n --- ��, _! � ��CiR ;;: �Q /'�- ^/D JO £ee/ £aal of Irx tvesF �;ne � - 3n�^��° �' � � F;�eHUdranf � a1'Ihe S.E.%4 o/'Ihe MW. 4 oF Sec, f2 - -- �/` /�. -�-- �-- J 1� 7a�� 58 .-e� N ° o ;r� ; --- w � / � �_�-_____ `^ � � A!anhc/e „W V � � a . r�c e / � _ " ,�` � s. sa°a.o'a2"E. W � ? - 288.00--- des�a / � —� . m . _ __�_' _" "6l5,;tp � � C V A8 \ __" __ _._ -_._ -! __ t . '�;a�c o �o�d �Q menJ Pe� 0oc. 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J 0 BFrL ,0 892 � . 0�' e�-. e�-°seo �+-9 �n, � �r AS,J 9\ e0o.g e9l 0 � ' ° � airunainious 0 '-6!t 2 �PjwER OR/VE ' 69—°''6 \Btl l / � I � – oP !e � `� p RriEAO PowEa $9 889 e"� 91 ° rc t.� � 73 -'- �qcf 6�^ O E89.'� � o '-^ Q U e°ic -- 288.00 -,� Ufilify Ease�ne�/ Pe-Dx. ---' — y� N.88°40'42�1/. Na's 3979dt f 49057< sea,o W W A/ine which, if exlended, wou/d infcrsecf the W�; line of'the S.E.%4 Q�n of fhe N. N: %4 of Sec. 12, a/ a poinf disfant 726 fc�i Soufherl of the � �? Norfhwesf corn-r �'t�r SE.'/�o{fhc N.w.% said S�c.�2. y O ` `` W �' 4H Z m �,cL��2 t�l� Sv�.�tV'lst� � �- � ... CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 '�� (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT PLAT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: ! / 6 O Property Identification Number i -� . l ,� _ - �. �" / � t-� �nv> 2 C � 3 n � �- � �F � Legal description: �� Z� j L � . V�'. � Lot Block TracdAddition Current zoning: Reason for plat: �.� Square footage/acreage I 1 y- oL}-� S� -�`� ,�• �� Il c� i 1� c,� � t=a � 2 I��,c ��I1(11�,� sz Have you operated a business in a city which required a business license? Yes .�_ No If yes, which city? � 2 f(2 �.- F: � If yes, what type of business? i`Q S�GL�2 /�� Was that license ever denied or revoked? Yes No i'� FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME ��2 � �' � �� /2/c� !� �� -� .Z,�. � , - ADDRESS DAYTIME PHONE SIGNATURE_(� __� �� _-- DATE r1 '` f' � _ _ -- 1--- - PETITIONER INFORMATION NAME_ L�' �-t i,' C�-�� l � �C�-ti`v� ADDRESS ( C,'�� i�i iZ L 5 � p E= l� r2 _ f� � E-- I �l t� q�.-U �� , i`(t SIGNATURE DAYTIME PHONE 7� � '-� � �� "�- DATE -� >i � ` Fee: $500.00 for 20 lots $ 15.00 for each additional lot Petmit P.S. # �� -D?�_ Receipt # •�,I � � Application received by: Scheduled Planning Commission date: CS l/ %3 Scheduled City Council date: 41 _ _ CIIY UF �RI DLEY FRIDLEY MUNICIPAL CENTER • 6431 UN[VERS[TY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-I?87 July 16, 1993 Advanced Surveys & Engineering Company 5300 S. Highway No: 101 Minnetonka, MN 55345 Gentlemen: Subject: Tam Addition Drainage Review The following are items to be addressed concerning the above subject. PW93-139 1. Provide hydrology calculations and determine ponding volumes. Show calculations for ponding volumes. Provide a minimum of one foot of freeboard on the pond. 2. Provide hydraulic calculations for restricted outlet and pipe design. 3. Locate pond entirely on private property. 4. Provide skimmer structure detail for outlet of pond. 5. Show driveway elevation. The driveway should be designed to prevent runoff from entering from Fireside Drive. 6. Provide a rip-rap detail, include filter fabric under rip-rap. 7. A pond maintenance agreement needs to be executed between the owner and City of Fridley. 8. Include an erosion control plan. 9. Additiona{ comments may be forthcoming pending further review. Sincerely, Scott Erickson Assistant Public Works Director 4J CITY OF FRIDLEY PLANNING COMMISSION MEETING, AIIGII3T 11, 1993 ___________________________________________________________�_____ CALL TO ORDER• Chairperson Newman called the August 11, 1993, Planning Commission meeti�g to order at 7:30 p.m. � /� ROLL CALL• Me.mbers Present: Members Absent: Dave Newman, Dave Brad Sielaff, Con Diane Savage, ck, Dean Saba, ig Oquist Others Present: Barbara D y, Community Development Director Michel cPherson, Planning Assistant Oliv Tam, 1150 Fireside.Drive N.E. J ce Moen, 1128 - 63rd Avenue N.E. oyce Trebisovsky, 1130 Fireside Drive N.E. MOTION�Sy Mr. Kondrick, seconded by Mr. Saba, to approve the July 28, �93, Planning Commission minutes as written. , ' A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED MOTION CARRIED IINANIMOIISLY. l. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. �93-03, BY OLIVER TAM, TAM ADDITION: To replat property described as that part of the Southeast Quarter of the Northwest Quarter of Section 12, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing at a point on the east line of the Northwest Quarter of said Section 12 distant 726 feet southerly of the northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 12; thence westerly along a line which, if extended, would intersect the saest line of the Southeast Quarter of the Northwest Quarter of said Section 12 at a point distant 726 feet southerly of the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 12, a distance of 661.45 feet to the actual.point of beginn.ing of the land to be described, thence continuing westerly along.said last described line a distance of 288 feet; thence northerly a distance of 396 feet; thence easterly at a right angle a distance"of 288 feet; thence southerly at a right angle a distance of 396 feet to the point of beginning. This property is generally located at 1160 Fireside Drive N.E. m PLANNING COMMYSSION MEETING, AUGUST 11, 1993 PAGE 2 MOTION by Mr. Kondrick, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:33 P.M. Ms. McPherson stated the petitioner is processing three land use requests. One is a plat request to subdivide the subject parcel which is addressed as 1160 Fireside Drive, located between the two mobile home parks east of Highway 65 into three lots. The second request is to rezone a portion of the subject parcel from C-3, General Shopping Center District, to R-3, General Multiple Dwelling District. The third request is a variance request to address the existing encroaclzments by the restaurant facility currently located on the property. On August 17, 1993, the Appeals Commission recommended approval of the variance request to the Cit� Council. Ms. McPherson stated the petitioner is proposing to replat the existing parcel into three separate parcels. Two parcels are proposed to be used for two new four-unit residential dwellings, and the third parcel is for the existing restaurant facility. There are currently two dwelling units on the lots p�oposed for the two new four-unit dwellings. Ms. McPherson stated the lots for the multiple family dwellings meet the minimum lot area and lot width requirements as required by the R-3, General Multiple Dwelling District. Each lot meets the minimum 15,000 square foot area requirement and also meets the minimum lot width of 85 feet. Each parcel has a minimum of 25 feet of access from a public street. The second lot achieves its access via a"flag lot". While typically a flag lot is not an ideal subdivision pattern, there is adequate room on the remainder of the parcel for a cul-de-sac should the parcel change use at a later date, and additional right-of-way could be dedicated to the east of the easterly lot line and a public street could be constructed for a future subdivision. Ms. McPherson stated the remaining portion of the subject parcel is for the existing restaurant facility. The lot area exceeds the minimum of 35,000 square feet as required for the C-3, General Shopping Center District. There is not a minimum lot width requirement in the C-3 district, however, there is adequate room on site for the parcel to meet the minimum setback and parking requirements, with the exception of the two existing encroachments on the sou�hwest corner of the property for the restaurant facility. Ms. McPherson stated a portion of the restaurant's parking lot and access does encroach onto the multiple family lot as proposed. Cross parking and access easements will need to be recorded against both the proposed restaurant property as well as the proposed multiple dwelling property. 4L PLANNING COMMISSION MEETING, AIIGIIST 11, 1993 PAGE 3 Ms. McPherson stated that as part of the overall plat request, the petitioner is proposing to improve the parking lot and provide the required B618 concrete curb and gutter as required City Code. A landscaping plan should be submitted by the petitioner to provide adequate screening and buffering between the restaurant facility and the proposed�multi-unit buildings. detention facility will also be required as part of the parking lot upgrade. The Engineering Department will require the by A petitioner to sign and record against the property a storm water pond maintenance agreement. The Engineering Department has reviewed the preliminary grading plan and has submitted a list of. comments via the surveyor to the petitioner. Ms. McPherson stated that as the plat request meets the minimum requirements of each of the zoning districts, staff recommends that the Planning Commission recommend approval of the request to the City Council with the following stipulations: 1. The petitioner shall submit the information requested in Scott Erickson's letter dated July 16, 1993, • regarding the stormwater pond and the grading and drainage plan. 2. The petitioner shall record against proposed Lots 2 and 3, Block 1, Tam Addition, cross parking and access easements. � 4. The petitioner shall submit a landscaping plan. The petitioner sha1T execute and record against the property a stormwater pond maintenance agreement. 5. The park dedication shall be $1,500 per lot for the residential portion and $.023 per square foot for the remaining portion for the restaurant facility. (shall be paid at the time af the issuing of the building permit - for residential) Mr. Newman stated that access to the flag lot would really be through the parking lot and that the residential property would have to negotiate parking spaces with the restaurant property. Has the City ever done anything like this before? Ms. McPherson stated that typically most of the cross parking easements have occurred between two commercial properties or two industria2 properties. In reviewing this request, the City Assessor suggested that perhaps the flag could be rotated so that the flag portion is on the westerly side, and the access would then occur over the driveway for the other multiple family dwellinq. Then, the back ya�d of the second multiple family dwelling would be facing the restaurant facility. However, that eliminates the potential for any future subdivision and public roadway. Qi�� PLANNING COMMISSION MEETING AUGIIST 11 1993 PAGE 4 Mr. Kondrick stated that when the restaurant is having a successful evening, the possibility exists that thereleifamily times when there are no parking spaces for the multip dwellings. Ms. Dacy stated the petitioner is proposing a four stall garage. If that is a concern, the owner can post a sign reserving the first four stalls for additional parking. That has been done for commercial developments. Mr. Newman stated that if, in fact, the multiple family property is under separate ownership from the restaurant property, then how is the City going to get the additional 25 feet to put in the public roadway. Ms. Dacy stated that in answer to that concern, as part of the plat request, they should reserve a 25 foot street easement along t h e e n t i r e len gth of the flag to reserve that option. Maybe the following two stipulations should be ad de d in t h e e v e n t t h e restaurant property should ever return to residential: 6, If the restaurant prope�ty returns to a residential use, the parking lot encroachment is removed from these two properties. 7. The dedication of the street easement Mr. Oliver Tam stated he is the owner of the Rice Bowl Restauranstions toamakehtheslotrworkPforleveryone involvedldeas and sugge Mr. Kondrick asked if the petitioner agreed with the stipulations recommended by staff. Mr. Tam stated he had no problems with the stipulations. Mr. Newman asked if the petitioner understood that the City may require a 25 foot street easement. Mr. Tam stated he had no objection to that, whatever works best for the property_ Ms. Joyce Trebisovsky, 1130 Fireside Drive N.E., stated she represents Park Plaza Mobile Home Park and Estate Mobile Home Park. Her only concern is that if the parking lot is expanded to the right side of the property, there should be some type of barrier so the lights do not shine into the mobile home park. Mr. Newman stated that, at this time, there is no proposal to move the parking lot. If in the future, the owner decides to replat the restaurant property and break it into residential in lots, then at that time a public street would go in. However, all likelihood the parkinq lot would also go away. If any of �7\I PLANNING COMMISSION MEETING, AUGUST 11, 1993 PAGE 5 this happens, there would be another public hearing, notices would be sent out, and this process would repeat itself. Ms. Trebisovsky thanked Mr. Newman for this clarification. Mr. Saba stated he did not think it is a good situation to have a cross parking easement between commercial and residential. Ms. McPherson stated the proposed multi-family units are not intended to be the typical general occupancy units. They are for Mr. Tam's family and employees of the Rice Bowl, and he will be the owner of both the properties. Ms. Modig stated that is fine for the present time; but if, in the future, Mr. Tam sells the property, then there is a parking lot situation with a cross parking easement and two pieces of property under separate ownership. Ms. Dacy stated there have been instances on commercial properties where signs reserving parking spaces are successful. The Code requires eight parking spaces for each multi-family dwelling unit, and they already have four garage spaces. That leaves only four spaces that are needed, and she believed those spaces can be reserved. She did not see a big conflict with the cross parking easement. Ms. Modig stated the only times she could see the parking being a problem is during private parties or large events at the restaurant. Ms. Dacy stated that if the Commission feels strongly about this, then one solution would be to flipflop the flag to the west side of the property. Mr. Saba stated he could not see a problem with a cross parking easement with commercial/commercial properties, but he did see potential problems with commercial/residential. Ms. Modig stated she did not see a problem now with the proposed usage of the multiple family units by Mr. Tam's family members. Her concern is for the future. If the property is sold and the new owners do not want the cross parking easement, does the City have to get involved? Ms. Dacy stated staff is recommending that the cross parking easement be executed as part oF the plat approval. If there are any changes, then both owners would have to agree to that. Ms. Dacy stated that in looking at the plat, there might be enough area on site to create a little pad for four parking spaces on each lot separate from the commercial property. Staff could work with the petitioner on this. . � PLANNING COMMISSION MEETING, AUGUST 11, 1993 PAGE 6 MoTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE, ALL DOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:00 P.M. Mr. Newman stated staff has done the best they can with some undesirable choices. He did not particularly like the cross parking easement, but he did think that keeping the flag on the east side of the property preserves some options for the future. There might be some problems with the cross parking easement in the future, but those are the types of issues that are better left resolved by the property owners. In the cases of redevelopment, there are going to be some problems in working around existing structures. He stated he is comfortable with approving the plat with the stipulations as recommended by staff, with the addition of a stipulation to vacate the street easement and to terminate the cross parking easement upon change in use of restaurant or discontinuation of use of the lot. Mr. Saba stated he is not comfortable with the cross parking easement. It is a good situation now, but what about the future? What if the restaurant changes to a night club, and there are even more cars in the parking lot? He would like to see something else worked out with the parking. Ms. Modig stated that she did not have a problem with the flag lot. She would like to figure out something to do with the cross parking easement if it becomes a problem in the future without having to go through this whole process again. Ms. Dacy asked if the Commission members would like staff to explore the possibility of finding a separate area ior eight spaces other than on the commercial lot. Ms. Modig stated she is just concerned about the cross parking becoming an issue in the future, and it may never be an issue. Mr. Sielaff stated that if it is possible, he would like to see the parking kept on the residential lots to prevent any future parking problems. Mr. Kondrick stated he would also be in favor of the present configuration with access into the lots with eight parking spaces on the residential lots. Mr. Newman stated he had no problem with that, except that would mean blacktopping more area of the overall site to put in eight more stalls. � Ms. Modig stated she would be comfortable with trying to put eight parking spaces on the residential lots. � � PLANNING COMMISSION MEETING, AIIGIIST 11, 1993 PAGE 7 MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend approval of preliminary plat, P.S. #93-03, by Oliver Tam, Tam Addition, to replat property described as that part of the Southeast Quarter of the Northwest Quarter of Section 12, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing at a point on the east line of the Northwest Quarter of said Section 12 distant 726 feet southerly of the northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 12; thence westerly along a line which, if extended, would intersect the west line of the Southeast Quarter of the Northwest Quarter of said Section 12 at a point distant 726 feet southerly of the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 12, a distance of 661.45 feet to the actual point of beginning of the land to be described, thence continuing westerly along said last described line a distance of 288 feet; thence northerly a distance of 396 feet; thence easterly at a right angle a distance of 288 feet; thence southerly at a right angle a distance of 396 feet to the point of beginning. This property is generally located at 1160 Fireside Drive N.E., wi•th the following stipulations: 1. The petitioner shall submit the information requested in Scott Erickson's letter dated July 16, 1993, regarding the stormwater pond and the grading and drainage plan. 2. The petitioner shall record against proposed Lots 2 and 3, Block 1, Tam Addition, cross parking and access easements. � 4. The petitioner shall submit a landscaping plan. The petitioner shall execute and record against the property a stormwater pond maintenance agreement. 5. The park dedication shall be $1,500 per lot for the residential portion and $.023 per square foot for the remaining portion for the restaurant facility. Payment of the park dedication fee for the residential properties shall be paid at the time of the issuance of the building permit. C� 7. Mr. Newman motion, he parking. situation. A 25 foot street easement shall be dedicated on the easterly portion of the flag lot for a future road. Staff shall work with the petitioner to provide eight parking spaces within both residential lots. stated that although he would vote in favor of the did not think they need to require this additional However, it is a good approach to a difficult . � CITY OF FRIDLEY MEMORANDOM :4" TO: WILLIAM W. BURNS, CITY MANAGER � 4� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT: PUBL(C HEARING FOR CONSOLIDATION OF THE FRIDLEY POLtCE RELIEF ASSOCIATION'S POLICE PENSION DATE: SEPTEMBER 23, 1993 The Fridley Police Relief Association is seeking �approval to consolidate their Police Pension Association with the Public Employees Retirement Association (PERA). On September 12, Council established a public hearing for Monday, September 27. The purpose of this public hearing is to discus the consolidation of the police pension with PERA. 5 CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on September 27, 1993 at 7:30 p.m. on the question of consolidating the Fridley Police Pension Association with the Public Employees Retirement Association. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 24, 1993. Anyone having an interest in this matter should make their interest known at this public hearing. William A. Champa City Clerk . Publish: September 21, 1993 5A Yi ti� Eng�,n::rnng Sewer :'Y�ler ParKs Slrcets Nlain[en�tice MEMORANDUM TO: William W. Bums Ci Mana er �� , � g � FROM: John G. F1ora,CPublic Works Director DATE: September 23, 1993 SUBJECT: 64th Avenue Storm Water Project PW93-359 As a result of the public hearing on September 13, 1993, Mr. Joe Nelson from the 64th Avenue neighborhood has taken Petition No. 13-1993 to obtain additional signatures. As of today, he has received 22 signatures of the 41 properties in the proposed project area. I e3rpect Mr. Nelson will present the petition at the Council meeting of September 27. Recommend the City Council receive the petition for this projec� The petition calls for the construction of a detention pond with a pipe outlet at the Central Avenue culvert, as well as an option to construct a pipe system from Mississippi Street to the Central Avenue culvert. Either project is to be completed with the maxunum assessment to the area residents at $1,000 per residential lot, as they currently exist. It is understood that any future lot changes would allow for storm water assessments of $1,000. Based upon the petition, I have been working with Maier Stewart & Associates {MSA) to determine the cost and effectiveness of the project. It is estunated that to install a culvert from Mississippi Street to the culvert on Old Central would cost approximately $94,000. It is proposed that due to the difficulty in obtaining easements to construct a detention pond in the area, that a detention pond be constructed on part of the City owned property on Rice Creek Road. This pond could be constructed for appro�cimately $7,000, for a total cost of $101,000. Based on the residents participation of a$41,000 assessment, the government would be required to fund appro�cimately $60,000 of the costs. Based on the petitions received and the feasibility of the project, if the City Council desires to authorize the design of the project, the appropriate catch basins and storm water pipes could be installed in 64th Avenue with the TCAAP water line. Theses catch basins and piping could be added to the existing project with Kenko as a change order. The remaining pipes and pond could be completed separately at a later date by another change order, or upon a contract advertisement as the design is completed and permits are received. JGF:ch 0 . . �� ENrE i______._1 £� ,� l � , � ,1,�, � ' ^ . Sp � �- .[�lJl . /i� '1f ilI - 7i /It /li . /lt !lt � '111: •w � �� J.�� s') ��4-v _/.7s� /�7b �`t°� 14L� /44L !4� /4d' c+n L �. ' ' � ' / b �) � y � (A) Y �1�� (�f� (A� ��'� (1i lS) + �Jt1 ` �jf �o � r <<I (I, ,� . ti Yj L��, � �� H~ �� y ¢ %/ 1� � � L'' `..-:�--: _ �'19�.1� ( � 2.� � ` /3 _ 9 ✓ ^ C¢7� .: n...a../d�cu� �� '; . J. . 1 �� t �, t'�.t� > ' . � �i� / 13f?J � • • izl w , � /B {�) . . . : GQ ¢� ` • ,��t�� ,rx . � & � N . �� .,� � . . ,. �2 • . , � , , �� (9 / � ; Gti) bt,) (r�) (!ti� 4L � (�� 64Lc�� 9 �ti�) -• .,�� .� 2 � •■ , -a 4 , �'I.i' . p"...�.,e�.._ .. 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POLICE DEPARTMEIVT City of Fridley Minnesota OATE September 23, 1993 FROM Director Sallman SUBJECT CITY CODE, CHAPTER 102 AMENDI�IENT MEMORANDUM TO CTION iNFO William Burns, City Manager� At its September 13, 1993, City Council meeting, the City Council held the first reading of the attached ordinance amending Chapter 102 of the Fridley City Code. Staff recommends that the City Council hold the second reading of the ordinance at its meeting on September 27, 1993. /rsc Attachment % ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 102 ENTITLED "POLICE," BY AMENDING SECTION 102.03 The City Council of the City of Fridley does hereby ordain as follows: 102.03. ABOLISHMENT OF THE POSITION OF CHIEF OF POLICE The office of the Chief of Police of the City of Fridley is hereby abolished and the duties of said office are assigned to and combined with the duties of the Public Safety Director. (Ref. 575) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: September 13, 1993 Second Reading: September 27, 1993 Publication: 7A � _ � . Community Development Department PLANNING DIVISION City of Fridley DATE: September 23, 1993 ��• TO. William Burns, City Manager � FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Declaring Certain Real Estate to be Surplus; Vacated Broad Avenue and Lot 26, Block C, Riverview Heights The City Council held the first reading of the attached ordinance at its August 2, 1993 meeting. The City Council directed staff to revise the preliminary bikeway alignment. Attached is the revised alignment plan. Adjustments will need to be made in the field to ensure that the transition points in Coon Rapids and at the intersection of Broad Avenue and Lafayette Street are smooth. Staff recommends that the City Council hold the second reading of the attached ordinance declaring the combined right-of-way and Lot 26 as surplus and authorizing its sale. MM/dn M-93-479 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF SECTION 1 The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: Lot 26, Block C, Riverview Heights, Anoka County, Minnesota, and that part of all of the vacated Broad Avenue N.E., lying southerly of the westerly extension of the northerly line and northerly of the westerly extension of the southerly line of Lot 26. Reserving and subject to easements for bikeway and walkway purposes in favor of the City of Fridley, over the westerly 15 feet and the northerly l0 feet thereof, and northwesterly of a line drawn from points distant 12.0 feet southerly and northeasterly of the intersection point of the interior easement lines. Also reserving and subject to an easement for access purposes in favor of the property adjacent westerly, lying southerly of a line drawn from the most southerly corner of Lot 26, Block C, to a point distant 10.00 feet northerly of the intersection of the westerly extension of the southerly line of said Lot 26 with the westerly line of vacated Broad Avenue. Generally located north of Lafayette Street and south of Mississippi Boulevard. All lying in the North Half of Section 3, Township 30, Range 24, City of Fridley, County of Anoka, State of Minnesota. SECTION 2 It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to sell or enter into a contract to sell said property. SECTION 3 The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the sale of said property. : � Ordinance No. Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: August 2, 1993 Second Reading: Publication: .. WILLIAM J. NEE - MAYOR U � N �� E J � � � 0 � � N �� .�' �� .�t ��,� � �. .�i� '� 5'%� 9�_3,� � � x�. � z d-. c� w � � � . � x` � � . z �- �- J z Qx � z U X ��E 9'-10„ G 1N � � � 5 i:, 7 �� z M 52- �U � � � � , I � i -�.. - � � �r �,�' , � O J 104°58'15" C 105D18'S5" M : � � O 0 -o P � 1�Vr5E� Btl[�E:W�Y �cUE�N wtE1`t�' /� V1L Ip0 IVVL ^SEP-13-1993 13�24 FROM Kurth Sur�eying TO C�ER�IFICA'r'E OF �� FOR . �-��'� OF �FR..1�l.t:.,Y �nEREtlY CEpf�Flr TM�T TNiS SuNVET,Pt!U+.O1111EPORi YlAS.WIfW4iE0 8Y•ME OR YNOEN 01NECi SUPEqVIS10M ANO TMA7 1 AM A�OyLY NE ED lAI � YNYE 0 t Y{y6EN ��AwS Oi TME �7ATE OF �aNNESOTw. _ ,� ' r 4-1 MININESOtA REGISTRATlON NO. � . .. . / �p � 2�W `�M t $�oAO AVC►NJt:: . , l> ` . �� b� . .41hA �,�NA' ., � ( . / , �\K6�P,�+{. ' - � �o ,. .��%� � N " �� 1' � � � �a ! ) `�— �� J � �- T, �i `� L11 �� j �'. � ;,. ,� � � r. -- : % � 1 .P 1 � /` �'�rl ��1 - �= v � ��i ('� 1 � �+ � 3 � `�-� � + J . � y + . � � ; j 1 �\/ �: t(� � � �./ 1 �._ � > "- . � � i _. i � � � '� �j '1� ). „ • � � � . L - - Y� 1 s •;, 1 `� �- L' � . Z ' ✓ i f1 _� ,��Q� � � 1� �� ` v � 1 \-'�h I 1 _�. � a O �� a '.s� �� ' � � \ � � � �� r LEGAL DESCRIPTION � � � Lot 26, Block C, RIVERVIEW HEIGHT3, Anoka Count� all of the vacated Broad Avet� N,B., lying sou of the northerly line and northerly'of the westB line of said Lot 26. Reservi.ng and subject to easements for bikerray � the City of Fridley, over the xest�rly 15 feet thereof, and northwesterly of a].i7t�e dracm from� arbd northeasterly o# the interseot,ion point of Also reserving and subject to an easement for a property adjacent westerly, lying southerly of a southerly corner of Lot 26, Block:�, to a point= the intersection of the westerly axtens�of tt� with the westerly line of vacate�-�oad$j�ue, ; 5711287 P.02 RVEY KUR7H SURVEYJNG lNC. 4002 JEfFERSON STREET N.E. COLUM9IA HElGMTS M{IiNESOTA Sb421 t12-:e0-l7i9 DATE ��T SCAi.E 1"� Z O.IRON 6tQNUMEHT SGT 9EARINOt ARE ON AN � . :'"� Af$UMEO GATYM ' - �.. � �e iROa MoNVMGNT FaNlO �� {P)=P�AT O�Y[ANC,� C]=-+�iGASuR.GP �� \. �� \ � , . c!'� �, � .� � �� ,` ` J \. ^ / � '/ � . J � �` �s;� 0 w : cs Jo ' � !� 15•� � , . ;� �� a " '. � ' r e �` � �� ;// / � � "4 �pcxfia"�� :� ��o tl�'i � � � ' � ' [uuiesota, and that part of •ly of the westerly extension � extension of the southerly walkway purposes in favor of the northerly 10 feet ms distant 12.0 feet sout,herly iaterior easement lines. s pQU�oses in favor of tiie ne drawn from the most tarit 10.00 feet r�rtherly of outherly line of said Lot 26 r � � W � _ � � Commu�ity Development Department PLANNING DTVISION City of Fridley DATE: September 23, 1993 �(�� TO: ` William Burns, City Manager � FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #93-18, by Mark and Laura Ingebrigtsen, 5831 West Moore Lake Drive The Appeals Commission reviewed the attached variance request at its July 27, 1993, meeting. The request contains two variances: 1. 2. To reduce the side yard setback for an attached accessory structure from 5 feet to 2.3 feet To reduce the front yard setback from 35 feet to 31.3 feet The Appeals Commission voted unanimously to recommend approval of the first part of the variance request. The Commission voted 2-1 to recommend denial of the second part of the variance request. The City Council tabled action on the request and requested that staff ineasure the setbacks of the two homes at 5741 and 5891 West Moore Lake Drive. The homes measured 39.2 feet and 43.7 feet from the back of the curb. West Moore Lake Drive has a 60 foot right- of-way and a surface width of 42 feet. Assuming the street is centered in the right-of-way, the boulevard width would be 9 feet. Therefore, the setback for 5741 West Moore Lake Drive is 30.2 feet and the setback for 5891 West Moore Lake Drive is 34.7 feet. It was suggested at the last meeting that a door be installed on the south side of the building in lieu of extending the garage into the setback for the service door. Because the new south wall will be less than three feet from the lot line, the Uniform Building Code prohibits an opening in the wall. The wall will be required to be a one hour fire resistant wall. MM:ls M-93-540 J S TAFF REP O RT Community Development Department � Appeals Commission Date July 27, 1993 Planning Commission Date City Council Date ; September 13, 1993 September 27 1993 REQUEST Permit Number Appiicant Proposed Request l.ocation SITE DATA Size Density � Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS � Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations iTAR #93-18 Mark and Laura Inc�brigtsen Zb redu� the sicle yard setback for an attaclzed acaessory structure fr�n 5 feet tA 2.3 feet; and to reduoe the front yard setb�ack f�xn 35 feet to 31.3 feet 5831 West Nbore Lake Drive 10 , 200 square feet 1�1, Single Family DweZling Residential 1�1, Single FaQnily Dwelling, to the N, S, & W; Moore Lake totheE Residential Ric�e Creek RECOMMENDATION Staff Appeals Commission Approval Planning Commission Author �:ys ,� �1 !3, T. 30, R. 24 I FR/OL EY / 12 rq I:E. - - ■ t� I =: :� Le VAR 4�93-18 Mark and Laura Ingebrigtsen iHIS IS A COMPILATION OF RECORDS AS iHEY APPfAR IN iHE ANCKA COUNTY OFfICES AFFECTING 7HE AREA SHOWN. 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I:n .41� �+J ;�� /A ir' :'n,~ r,/' �• I N• , f_ /6:: � REGI ERED .� h /3• ., cA ' B i � io �� 2 73 .�;a� � 2i 23 • � 6J ; "�,�s��• WJ '; e, ' . � �i.� '_!3"' J /n� �., i w. s„ �o� �� O ., .,�� 1 u � : .i �Z .... " ..- Zp /m` f- . r!>,� (��L �IA,ND psuaover :� �z s r�. i p � HELENE �PLACE -�''� Y � . � /' 4O 6 ¢)� � f/I • � , �'e . !A ^ . � /P �'ti��70. yl9 �'�� .7 ,'s � '1 :*" inJ � :.r � H� is� .w� i;.! yF ✓?/` B,�. ;✓'j ,3 y'✓n/v s s, � Y r B;:W Q •° .. .i � 6 3� o v 2 ; fA ,,, .. - f ' �FO � t✓' ✓` '' as� `O - _ . 1 _s . n , , A , .. n., .>, k�2p . 9 � • Y , ' Z r _. . . ._ � S � 13 ' 24 I I \ 14 �� :: •.� ROLAND W. ANDERSON ._..�-'.� �,,. ,�.:,-�e COUN(Y SURVEYOR k•�•�'�•+ ♦YOK� CdMIY. �YMNf50lw .�irl-iu� _ �e ..�i. � . 9B LOCATION MAP ■ � 9C V111t afyj—lis Mark and Laura Ingebrigtsen �� , � �� :� Z4NING MAP Staff Report VAR #93-18, 5831 West Moore Lake Drive, Mark & Laura Ingebrigtsen Page 1 A. STATED HARDSHIP: "Garage side variance: Need room to put double garage in. Garage front variance: Need room to put service door/entrance into garage." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioners request that two variances be granted: 1. To reduce the front yard setback from 35 feet to 31.3 feet 2. To reduce the side yard setback from 5 feet to 2.3 feet The request is for Lot 8, Block 1, Donnay's Lakeview Manor Addition, generally located at 5831 West Moore Lake Drive. Site Located on the property is a single family dwelling unit with a detached single car garage. The property is zoned R-1, Single Family Dwelling, as are all adjacent properties. The property is located on Moore Lake which abuts the subject parcel to the east. Analysis Section 205.07.03.D.(2).(b) requires a side yard setback of 5 feet between an attached accessory building and a side property line. Public purpose served by this requirement is to provide space between individual structures to reduce the possibility of fire, to provide access to the rear yard for emergencies, and to limit the condition of crowding in the residential neighborhood. The petitioners are proposing to remove the existing single car garage and add on to the dwelling unit to the rear as well as constructing a two-car attached garage. The existing single car garage is currently located at the 2.3 foot setback requested by the petitioners. ' . � Staff Report VAR #93-18, 5831 West Moore Lake Drive, Mark & Laura Ingebrigtsen Page 2 � The City Code permits expansion of existing single car garages to two car garages by allowing the reduction of the setback to 3 feet if the house adjacent to the expansion is located at least 10 feet from the lot line or a two car garage is located at least 5 feet from the lot line. While this request is slightly different, the impact to the code is the same. Section 205.07.03.D.(i) of the Fridley City Code requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. The petitioners are adding an additional 4 feet to the front of the proposed garage. This will permit installatiori of a service door in the garage. The service door is not required by Code. The added 4 feet will not adversely impact sight lines from adjacent properties. The overall lot coverage will also not be affected by the proposed addition. Should the Appeals Commission recommend approval of the request, two stipulations should be conditions of approval: l. 2. The construction shall comply.with the Uniform Building Code. The petitioners shall provide a hard surface driveway by July l, 1994. Appeals Commission Action The Appeals Commission voted 2-1 to deny the variance request to reduce the front yard setback from 35 feet to 31.3 feet. The Commission voted unanimously to approve the variance request to reduce the side yard setback from 5 feet to 2.3 feet with the stipulations recommended by staff. Staff Update The petitioner requested information regarding 5741 and 5891 West Moore Lake Drive. The dwellings have similar characteristics to the proposed remodeling. No information regarding the front yard setbacks was available. Both garages were built as attached prior to 1966. � VAR ��93-18 Mark and Laura Ingebrigtsen \ / \ r � � \ / \ \ . � �y/.�� / � � / � `5�' � � NE� � Di��-(D►,L � � , �ci�TtN�� !�' ?��;u-+�� ` � � / � 6i��'`` � / i a � ' � . ��" �S � wE�T \ � M� � � t�k1�E `�, vt �� / V 9F : q�J '� Li) J �. � , o �; z a-�.� rn t i � Z R � _. � ��- �n � FZ `�� c74— �;, `:n] J � ,� n ;� �� fi - — —'ii � _ —� � �; , � � I, _ � '- Y � � 1 , :J , I � _ � ;� �_�, . - -�::_ --- �'-? , � � -_ � ; , ,, �J � �-�- J 7 _� � � r � � ! �3 � ,�� a J "r1 I � � �o dn � � �3 1 ,�;bz �� . �� 'i ' ! 'I � I� �� l� '�� , � � d `� 6' � �z VAR 4��3-18 �� _\ I `\ � � �� . I .� � \ i I� N (O. \.,1 � � I'�� \. ..` � 1 . .� � . \ i ' � \�`. I �;, J � � � ti. . U `'. � I � ,�- Wv \ . � �� =� � �. 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'`•'� ay,"� LL�a.. � ; � � $� ' � _ '�� ti ., y }� �, '� £. a ew �-' £ �, � x ^ � � �'7 �� +1� M� ��F `: i .A`' '�' f i ""K� 4).._ } .~� � � ��` �, �'� Y. �6 .c ,,,�,.a�_ ��^ 1 �' �"3 .�� y � � � � � �� _ 'L�� "�� .. « . :�'�� m'fi�'x1'��'�a,�.� ^.� �.l�..�� '�:.__:rJ.:X='�Y�:�.;.d1� a• ..).�'� �`'��! . `�� .� . �.",".'`�.._.:. r�Ya"'.[ I._._,� �.Y�� +� O CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 ''� ��-� (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: _ .S�S 3 / (��- /�lav r� �cr � � � �r'� �� 4/ / �,�i 7 SS �,3Z Property Identification Number (PIN) � 3-�v M� y-/ Y- c� -- v� Legal description: StE .�+Tif1CHE+� LLi�1-' cF' C��C TrF/C�7� o� ��'�� Lot � Block � TracdAddition Donn a��S ��t �e v; F...: +ti'1 a►�ot- ��a Current zoning: �� s��<,f 'u, Square footage/acreage �-� 1'�1�7� 3 1 f° l�C /�C�J /i'J C'. �J. C:+ CJ C'%Cy I �<'r�a �c .S:-�IC Vrti-r�nC.e.: �J � � Reason for variance and hardship:�.,�� -� „r,,� //�-,�, �.r �: Ne ��.( roc.�, t��. ,�� SP�v�ca `•��,r . •-r fv y �� t Section of City Code: �` Have you operated a business in a city which required a business license? Yes No �_ If yes, which city? If yes, �vhat type of business? Was that license ever denied or revoked? Yes No _� �.�.,�.,� FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME .��-.�c � L<< �� .-zc� e' �.-f�� fS ADDRESS S S'_s'/ �� f%%t; tTr'-r' Lci� e G'/�` �. �� c' v ��r� .S S� _5�� SIGNATURE PETITIONER INFORMATION NAME ADDRESS SIGNATURE DA�M , �'HONE ..S' %��' �3 L' � � r D�E `I�3 � ^ � DAYTIME PHONE DATE Fee: $100.00 $ 60.00 � for residential properties Permit VAR #_ q�--I�, Re eipt # r� �°i� Application received by: Scheduled AppeaLs Commission date: Scheduled City Council date: � �th �� %!�. �!�q -t.zti�c APPEALS COMMISSION MEETING� JIILY 27, 1993 PAGE 7 Ms. Savage stated she agree . Moving the garage would not impact the adjacent neighbors. Th garage to the west appears to be at the same 17.5 foot setback. She stated she would be in favor of approving the variance. Ms. Beaulieu stated that s ce most of the garages in the neighborhood appear to be at he same setback, she could see no reason not to approve this vari nce. MOTION by Dr. Vos, seconded by s request, VAR #93-17, by Vern a 205.07.03.D.2.(c).((3)) of the Fr. setback of an accessory structure feet to 17.5 feet, to allow the z in the rear yard, located on Lot same being 5980 - 6th Street N.E., . Beaulieu, to approve variance d Deloris Bandel, per Section dley Zoning Code, to reduce the facing the side street from 25 ocation of an existing garage L Block 4, Bonny Addition, the ai h the following stipulations: l. The petitioner.shall provic�e a hard surface driveway by July 1, 1994. \ 2. The petitioner shall replac the existing curb cut and remove the existing driveway. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIR RSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. 4. CONSIDERATION OF VARIANCE RE4UEST, VAR #93-18, BY MARK AND LAURA INGEBRIGTSEN: Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 31.3 feet; MOTION by Dr. Vos, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOIISLY AND THE PIIBLIC HEARING OPEN AT 8:05 P.M. Ms. McPherson stated the property is located on West Moore Lake Drive and abuts Moore Lake on the northeast. The property is zoned R-1, Single Family Dwelling, as are all adjacent properties. Ms. McPherson stated that located on the property is a single family dwelling as well as a detached single car garage. The existing garage is located at the 2.3 side yard setback. The petitioners are proposing an extensive addition to the existing single family dwelling. The petitioners are proposing to remove the existing garage and construct a new two-car garage attached to the dwelling unit, as well as a storage area to the rear of the garage. Ms. McPherson stated the petitioners are requesting a reduction in the front yard setback in order to provide room to install a required service entry door into the garage. They are also 9L APPEALS COMMISSION MEETING, JIILY 27, 1993 PAGE 8 requesting a reduction in the side yard setback. Typically, the Code allows existing single car garages to be expanded to within 3 feet of the lot line if the house adjacent to the expansion is at the 10 foot setback or the adj acent garage is at the 5 foot setback. While the existing single car garage is not originally attached to the dwelling unit, in spirit this is a very similar request in the fact that it would be attached and would be a two- car garage. Ms. McPherson stated the existing single car garage does not appear to have an adverse impact on the property to the south. The dwelling unit to the south is located 13 feet from the lot line; therefore, the setback between structures is actually greater than what is intended by the Code. The encroachment on the front would not adversely impact the adjacent property or any sight lines. The proposed additions to the garage and to the dwelling unit do not adversely impact the maximum lot coverage. Ms. McPherson stated that if the Commission approves this request, staff recommends the following two stipulations: l. The construction shall comply with th� Uniform Building Code. 2. The petitioners shall provide a hard surface driveway by July 1, 1994. Dr. Vos asked if the garage service door can be in any location of the garage. Ms. McPherson stated that is her understanding. There is not much room for a service door on the south side of the garage; and due to the closeness of the garage to the lot line, no openings would be permitted in a fire-rated wall. Mr. Mark Ingebrigtsen stated that the houses in this area were built too far to one side of the lots, so this is not unique to his lot. He stated the neighbor to the south has no objection to the new garage cont.inuing to be at the 2.3 foot setback. Dr. Vos stated he has no objection to the side yard setback, as the 2.3 feet is existing. However, he does object to the encroachment into the front yard. He stated that in order to grant a variance, there must be a hardship; and if there is the possibility to place the service door in the rear of the garage, then there is no hardship for the service door in the front. Mr. Ingebrigtsen stated that because the house was placed to far to the south on the lot, there is not enough room to have a double garage door and a service door facing the street. The purpose for the service door in the front as proposed is that they do not want all the traffic entering and exiting the front door to the dwelling unit. He stated there is a house to the north of them that has a service door in the front similar to what they are proposing. 9M APPEALS COMMISSION MEETING JIILY 27 1993 PAGE 9 Ms. McPherson stated she would have to verify the exact Building Code requirement with the Chief Building Official. She stated there is no code requirement dictating that the service door has to be in the front. Ms. Jeanne Ingebrigtsen, 5811 West Moore Lake Drive, stated that if the service door is placed in the rear of the garage, it would be difficult to get in and out of during the winter because it is a walkout. How are the children going to get to the service door during the winter with the snow and the sloping hill in the rear yard? There is only 2.3 feet to the lot line on one side of the house by the garage and 16 feet to the lot line on the opposite side of the house. Dr. Vos stated he can understand what the petitioners are saying, but that does not constitute a hardship. He stated his service door is in the rear of the garage; and because of a burglary, he has not opened it in 15 years. There are other ways to get into the garage besides the service door and that is through the garage door itself. He would vote in favor of the side yard variance but would vote against the front yard variance, because he did not see a need for it. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to close the public hearing. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOII3LY AND THE PIIBLIC HEARING CLOSED AT 8:30 P.M. Ms. Savage stated she did not have a problem with the front yard variance. She believed the front yard setback from 35 feet to 31.3 feet is still within the spirit of the code as it does not adversely impact any neighboring sight lines. Ms. Beaulieu stated she would agree with Dr. Vos. She also did not object to the side yard variance to 2.3 feet, but she did not see a hardship for the front yard variance if, in fact, the service door can be placed in the rear of the garage. She, too, does not use her service door anymore after a burglary. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend to City Council denial of variance request, VAR #93-18, by Mark and Laura Ingebrigtsen, per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 31.3 feet; to allow the construction of a double car garage on Lot 8, Block 1, Donnay's Lakeview Manor Addition, the same being 5831 West Moore Lake Drive N.E. UPON A VOICE VOTE� VOS AND BEAIILIEII VOTING AYE, SAVAGE VOTING NAY, CHAIRPER30N SAVAGE DECLARED THE MOTION CARRIED BY A VOTE OF 2-1. 9N APPEALS COMMISSION MEETING, JULY 27, 1993 PAGE 10 MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend to City Council approval of variance request, VAR #93-18, by Mark and Laura Ingebrigtsen, per Section 205.07.03.D.(2).(b) of the Fridley Zoning Code, to reduce the side yard setback from 5 feet to 2.3 feet, to allow the construction of a double car garage on Lot 8, Block 1, Donnay's Lakeview Manor Addition, the same being 5831 West Moore Lake Drive N.E. UPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ITNANIMOIISLY. Ms. McPherson stated this item will go to City Council on August 16, 1993. She stated that before the Council meeting, she will check on the service door requirement and the location of the service door and research the location of the house with a similar garage and service door as mentioned by the petitioners. 5. UPDATE ON PLANNING COMMISSION AND COUNCIL ACTIONS: Ms. McPherson gave an update on past Planning Commission and City Council items. ADJOURNMENT• MOTION by Ms. Beaulieu, seconded by Dr. Vos, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Savage declared the motion carried and the July 27, 1993, Appeals Commission meeting adjourned at 8:40 p.m. Res ectfully S bmitted, Ly e Saba Recording Secretary ' • TO: FROM: SUBJECT: DATE: WILLIAM W. BURNS, CITY MANAGER �� 4{� RICHARD D. PRIBYL, FINANCE DIRECTOR FINAL APPROVAL PROVIDING FOR THE CONSOLIDATION OF THE FRTDLEY POLICE PENSION ASSOCIATION INTO PERA September 23, 1993 Attached you will find a resolution providing for the final approval for the Fridley Police Pension Association to consolidate with the Public Employees Retirement Assocciation. Since Council passed the preluninary resolution to consolidate back in November of 1992, since that tune a number of other related activities have taken place. The first action involved the preparation of an actuarial valuation at the request of the Legislative Commission on Pensions. The State Board of Investment then reviewed the pension group's investments for any investments determined to� be ineligible for consolidation. After the review of this information staff once again met with a representative from PERA to review the relevant information. The actuarial valuation that was performed indicated that if all pensioners elected the greatest benefit value, the City would still reduce its overall police pension cost. After reviewing the information provided to us by PERA and the actuary, it seems that this is a"Win-Win" situation for both the pension group and the City. RDP/me Attachment 10 RESOLIITION NO. - 1993 RESOLIITION GRANTING FINAL APPROVAL FOR THE CONSOLIDATION OF THE FRIDLEY POLICE PENSION ASSOCIATION WITH TH8 PIIBLIC EMPLOY8E8 RETIRBMENT ASSOCIATION WAEREAB, by statute, since June 15, 1980, no new private pension associations were allowed to be established; and WHEREAB, by statute, since June 15, 1980, no new hire police officers were allowed in existing private pension associations; and WHEREAB, as of September 1992 there are eight (8) active members in the Fridley Police Pension Association and twenty-five (25) active Fridley Police officers in P.E.R.A.; and WHEREAS, the eight (8) active members in the Fridley Police Pension Association are prohibited from making individual choices between the Fridley Police Pension benefits and PERA benefits unless consol�dation is achieved; and WHEREAS, retired members of the .Fridley Police Pension Association are prohibited from making individual choices between the benefit coverage provided under the relevant provisions of PERA or to retain benefit coverage provided under the Fridley Police Pension plan, unless consolidation is achieved; and � WHEREA3, in 1987 the Minnesota Legislature authorized, on a voluntazy elective basis, any local police or salaried fire fighters relief association and the respective municipality to effect the consolidata.on of the local relief association into the Public Employees Police and Fire Fund; and WHEREAS, since 1987, at the request of private pension members, the membership of twenty-five (25) private police and fire pension associations have voted to consolidate, and have completed that process; and WHEREAS, as of September 1993, eight (8) additional private pension associations have approved consolidation and are requesting their city's final approval; and WHEREAS, on November 3, 1992 the members of the Fridley Police Pension Association voted to approve consolidation with the Public Employees Retirement Association, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley: The final approval for the consolidation of the Fridley Police Pension Association with the Public Employees Retirement Association is hereby granted. PASSED AND ADOPTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS DAY OF 1993. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK 10A r � � � DATE: TO: FROM: Community Development Department PI.ANNING DIVISION City of Fridley September 22, 1993 William Burns, City Manager �� Barbara Dacy, Community Development Director Lisa Campbell, Planning Associate SIIBJECT: First Reading of Ordinance Amendments Amending Chapter 113, Solid Waste Disposal and Recycling Collection, by Amending Section 113.07; and Chapter 11, General Provisions and Fees, ior Solid Programming Fee by A�nending Section 113 � As per Council direction, staff has prepared the ordinance changes required to implement an increase'in the solid waste abatement programming fee (S.W.A.P.). The proposed increase is from $2.50 to $4.00 per quarter. The amendments are minor. Amendments to both Chapter 113 and Chapter 11 require replacing the old dollar amount of $2.50 with the new dollar amount of $4.00. The Finance Department will be notifying property owners of both the increase in sewer charges and the solid waste abatement programming fee. The notification will occur in three phases beginning in October. A letter will accompany the utility bills. Staff Recommendation Staff recommends that Council conduct the first reading of the ordinance amendments. � LC:ls M-93-559 71 f ,' ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 113, ��SOLID WASTB DISPOSAL AND RECYCLING COLLECTION��, BY AMENDINC3 SECTION 113.07, AND CHAPTER 11, ��GENERAL PROVISIONS AND FEEB�� FOR SOLID WASTL PROGRAMMING FEE� BY AMENDING SECTION 113 CHAPTER 113. SOLID WASTE DISPOSAL AND RECYCLING COLLECTION 113.07. SOLID WASTE ABATEMENT PROGRAMMING FEE Effective January 1, 1992, the City of Fridley shall begin charging residential dwellings of one to four units $�9 4.00 per unit per quarter. Effective June l, 1993, the City shall begin charging multiple dwellings of 5-12 units and other multiple dwellings of 13 or more units certified for service under the City's contract for recycling services $�5�� 4.00 per unit per quarter. This fee shall be charged in conjunction with the utility billings as administered by the Finance Department. This fee shall be called the Solid Waste Abatement Programminq Fee. This revenue shall be placed in the Solid Waste Abatement Fund and shall be expended on solid waste programming activities. These activities include the curbside collection of recyclables for residential dwellings of one to four units, recycling services to multiple dwellings of 5-12 units, and other multiple dwellings of 13 or more units certified for service under the City's contract for recycling services, the purchase and distribution of curbside recycling containers, a drop- off redemption center for recyclables, a yard waste transfer center, and other special abatement activities as authorized by the City Council. � � CHAPTER 11. GENERAL PROVISIONS AND FEES 113. Solid Waste Abatement Programming $�59 4.00 per residential dwelling of one to four units and per multiple dwellings of five or more certified for service under the City's recyclir�g services contract PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF SEPTEMBER 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: Publication: 11A WILLIAM J. NEE - MAYOR CITY OF FRIDLEY PLANNING COMMISSION MEETING, SEPTEMBER 8, 1993 ___________________�_____________�_______________________________ CALL TO ORDER• . Chairperson Newman called the September 8, 1993, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave Newman, Dean Saba, Brad Sielaff, LeRoy Oquist Members Absent: Dave Kondrick, Diane Savage, Connie Modig Others Present: Barbara Dacy, Community Development Director � Michele McPherson, Planning Assistant Steven Barg, Planning Assistant James Wold, 1425 Meadowmoor Drive N.E. APPROVAL OF AUGUST 11 1993 PLANNING COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Sielaff, to approve the August 11, 1993, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT SP �93-14, BY JAMES WOLD: Per Section 205.07.O1.C.(1) of the Fridley City Code, to allow accessory buildings, other than the first accessory building, over 240 square feet on Lot 16, Block 2, Meadowmobr Terrace, the same being 1425 Meadowmoor Drive N.E. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CRAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the property is located in the northeast corner of the City. The property is zoned R-1, Single Family Dwelling, as are all surrounding parcels. Ms. McPherson stated that located on the property is a single family dwelling with an attached single car garage. The petitioner is proposing to construct a 24 ft. by 24 ft. detached accessory structure in the rear yard. The petitioner proposes to use the new 12 PLANNING COMMISSION MEETING. SEPTEMBER 8, 1993 PAGE 2 accessory structure for the storage of an antique truck, a boat, a snowmobile, a motorcycle, and other �iscellaneous materials currently being stored in the single car garage and off site. Ms. McPherson stated the proposed location of the new structure is well within the setback requirements and a utility easement located near the rear lot line. It does not exceed the lot coverage maximum of 250, and the adjacent properties will not be adversely impacted by the construction of the structure. Ms. McPherson stated the proposed accessory structure may not exceed 14 feet in height and may not be used for the conduct of a home occupation. Also, the petitioner will be required to provide a hard surface driveway. Ms. McPherson staff recommends that the Planning Commission recommend approval of the special use permit with the following stipulations: � 1. The accessory structure shall be architecturally compatible with the existing dwelling unit. 2. The petitioner shall provide a hard surface driveway by September 1, 1994. 3. The accessory structure may not exceed 14 feet in height. 4. The accessory structure may not be used to conduct a home occupation as defined in Section 205.03.34 of the Fridley Zoning Code. Mr. James Wold stated he is in agreement with the recommended stipulations. MOTION by Mr. Saba, seconded by Mr. Sielaff, to ciose the public hearing. . UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NE�7MAN DECLARED THE MOTION CARRIED AND THE PUBLIC H�ARING CLOSED AT 7:40 P.�M. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to recommend to City Council approval of special use permit, SP #93-14, by James Wold, per Section 205.07.O1.C.(1) of the Fridley City Code, to allow accessory buildings, other than the first accessory building, over 240 square feet on Lot lb, Block 2, Meadowmoor Terrace, the same being 1425 Meadowmoor Drive N.E., with the following stipulations: l. The accessory structure shall be architecturally compatible with the existing dwelling unit. 2. The petitioner shall provide a hard surface driveway by September 1, 1994. 12A PLANNING COMMISSION MEETING, SEPTEMBER 8. 1993 PAGE 3 3. The accessory structure may not exceed 14 feet in height. 4. The .accessory structure may not be used to conduct a home occupation as defined in Section 205.03.34 of the Fridley Zoning Code. UPON A VOICE VOTE, ALL VOTING AYE, CHA"IRPERSON NEWMAN DECLARED T$E MOTION CARRIED tTNANIMOIISLY. Ms. McPherson stated this item will go to City Council on September 27, 1993. 2. CONSIDERATION OF A RESOLUTION APPROVING TIF DISTRICT #13: Ms. Dacy stated State Statute requires the Planning Commission to review amendments to the Redevelopment Plan and pass a resolution confirming that the proposed project is consistent with the City's Comprehensive Plan. Ms. Dacy stated that ECO Finishing, Inc., a plating and metal finishing manufacturer, is an offshoot of a plating company which is now located in St. Paul. ECO Finishing, Inc., is proposing to construct a 29,000 sq. ft. building in the northwest corner of 51st Way and Industrial Boulevard. In the Land Use Plan in the existing Comprehensive Plan, this area is identified as industrial, the zoning is industrial, and the use is industrial. Ms. Dacy stated staff is recommending that the Planning Commission approve the resolution confirming that the proposed modification to the Redevelopment Plan is consistent with the Comprehensive Plan. Mr. Oquist stated that as a plating and metal finishing manufacturer, there could be some environmental concerns. Does the company have to adhere to environmental standards? Ms. Dacy stated that ECO Finishing, Inc., does have to obtain MPCA approvals for the disposal of waste. The Council is also very sensitive to this issue, especially when it comes to tax increment financing. Staff has spoken to the company about this issue, and they have assured staff that they can meet all MPCA requirements. She stated she will be again be meeting with company personnel and will re-emphasize this concern. Mr. Saba asked if the groundwater will be monitored in case of accidental spills. Ms. Dacy stated she is not aware of any groundwater contamination on this particular site, so she did not believe a monitoring well will be required. The company is not proposing any below ground or above ground tanks. 12B PLANNING COMMISSION MEETING, SEPTEMBER 8, 1993 PAGE 4 Ms. McPherson stated that she has met with the City's Chief Building Official and the company's architect. All the neutralizing tanks and any collection for hazardous materials that are not able to be neutralized will all be stored inside the building in large concrete tanks. It is her understanding that everything will be self-contained within the building, and there are computerized monitoring devices to protect the workers. Mr. Sielaff stated that usually a Phase I audit is required by the financial institution. Ms. Dacy stated the company has applied for an SBA�loan, and she� will check to see if a Phase I audit is required. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to approve the resolution confirming that the proposed modification to the Redevelopment Plan is consistent with the Comprehensive Plan and approving the creation of Tax Increment District No. 13. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED I7NANIMOIISLY. 3. RECEIVE JULY 20; 1993, ENVIRONMENTAL QUALITY & ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the July 20, 1993, Environmental Quality & Energy Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 4: RECEIVE AUGUST 5, 1993, HUMAN RESOURCES COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the August 5, 1993, Human Resources Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. 5. RECEIVE AUGUST 17, 1993, APPEALS COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Sielaff, to receive the August 17, 1993, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. ' 12C PLANNING COMMI$SiON MEETING, SEPT�MBER 8, 1993 PAGB 5 6. RECEIVE AUGUST 17 1993 ENVIRONMENTAL OUALITY & ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the August 17, 1993, Environmental Quality & Energy CoYnmission minutes. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED TH8 MOTION CARRIED IINANIMOIISLY. 7. RECEIVE AUGUST 31 1993 APPEALS COMMISSION MINUTES• MoTION by Mr. Oquist, seconded by Mr. Saba, to recei"ve the August 31, 1993, Appeals Commission minutes. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 8. OTHER BUSINESS: a. Ordinance Amendment Amortizing Non-Paved Driveways Mr. Barg stated that on June 23, 1993, the Planning Commission held a public hearing on an ordinance amendment which would require that all parking on residential properties occur on hard surface parking areas. At that meeting, the Commission recommended approval of the ordinance amendment, but also discussed two other issues: (1) How would this amendment affect people who do not have hard surface parking areas? The Commission requested staEf to discuss with the City Attorney how this ordinance amendment would affect those people who do not have hard surface parking areas. (2) The Commission was concerned about the maximum amount of pavement that should be allowed in the front yard. Mr. Barg stated the Commission had received a letter from a resident who was concerned about a neighbor who was paving large portions of his front yard. At this time, the City has no percentage requirements on how much pavement is allowed. Mr. Barg stated the City Council conducted a public hearing on August 3, 1993, at which the Council indicated a desire to proceed with this ordinance amendment. The Council discussed the two issues of concern expressed by the Commission. Staff had added a line for consideration based on conversations with the City Prosecutor which basically said that if a person did i2D PLANNING COMMISSION MEETING, SEPTEMBER 8, 1993 PAGE 6 not have a hard surface parking that all parking must occur on the existing parking area. However, the Council felt they should get rid of all non-hard surface driveways. Mr. Barg stated that currently, the City does try to do that through the following methods: (1) Through some land use requests, a stipulation is made requiring a hard surface parking area. (2) A letter is sent out every year encouraging people to pave their driveways utilizinq the good bid during City street projects. Mr. Barg stated the Council has requested staff and the Planning Commission to discuss the idea of setting a date when all non-surface driveways must be paved. Mr. Barg stated the Council also requested that the Planninq Commission discuss whether or not it would be appropriate to limit the amount of pavement in the front yard: , Mr. Barg stated there are approximately 350 property owners who currently do not have hard surface parking areas. He stated staff has put together a list of rationale for hard surface driveways. This list was included in the agenda materials. Staff also included the costs for paving and a survey of actions �iy other communities on hard surface parking. Mr. Barg stated that regarding the maximum paved parking area, staff has two rationale: (1) Overpaving creates an unsiqhtly and somewhat commercial appearance; and (2) The additional runoff creates a burden for the storm sewer system. Mr. Barg stated staff has contacted other communities and looked at existing properties to see how they would be affected. Mr. Barg stated staff is recommending the Commission recommend that the Council authorize staff to proceed with the ordinance amendment process for these two issues as follows: 1.. Require all driveways to be paved. Should the Planning Commission and City Council wish to pursue this ordinance amendment, staff proposes to work with the City Attorney to identify and address any legal issues pertaining to this matter. In addition, staff currently has a list of all properties without paved driveways and would strongly recommend that a meeting be conducted with these affected homeowners.prior to proceeding with 12E PLANNING COMMIS$ION MEETING, SEPTEMBER 8. 1993 PAGE 7 the ordinance process. Also, a compliance time period will need to be established. 2. Pursue ordinance amendment requiring 30� maximum lot coverage of hard surface parking in the front yard. Mr. Oquist stated he is in favor of requiring hard surface driveways, but his main concern is for those people who simply cannot afford a hard surface driveway, specifically those people on fixed income. How can the City enforce people to pave when they cannot afford it? Mr. Newman stated that at one time, there was some discussion about whether or not the City could assess the property owner for driveway improvements. Has the City ever done that? Ms. McPherson stated, no, the money has to be up front, and all the money goes into an escrow account. Mr. Oquist stated they also have to first identify what is "hard surface". Some people have brick and cobblestone driveways. Aesthetically, if well maintained, these driveways look very nice; however, from a runoff standpoint, there are gaps between the bricks and the pollutants are going to run into the ground. Mr. Oquist asked if it would be possible to require a hard surface driveway at the time the house is sold. Ms. Dacy stated that is really a kind of "truth-in-sale" ordinance. Staff plans to evaluate that ordinance next year as part of the housing program. It could be done that way; but, again, it is an ordinance process and staff would have to make pre and post inspections. That involyes 300-500 sales a year, and if staff is inspecting for driveways, they should be inspecting for other items also. Mr. Newman stated the City is aware of a house sale through the water billing process. If the City filed an ordinance against the properties of the 350 homeowners who have unpaved driveways, is it possible to flag these properties through the water billing process so that when there is a change in ownership, staff would just have to do a followup inspection to make sure the property is in compliance? Mr. Saba asked if CDBG monies could be used to defray some of the costs for paving driveways for those people who cannot afford the cost. 12F PLANNING COMMIS$ION MEETING, SEPTEMBER 8, 1993 PAGE 8 Ms. Dacy stated CDBG monies can be used for rehab, but there is the question of whether driveway paving is considered rehab. There is also a shortage in CDBG funds. Mr. Newman stated that even though it is a good id�a to get rid of hard surface driveways, he would have a hard time telling a homeowner who is on a fixed income that he/she must spend "x" amount of dollars to pave his/her driveway, especially when there are other maintenance issues such as painting the house. Mr. Newman stated staff might have to look at the issue that if a homeowner is willing to put in a hard surface driveway, staff will have to look at the issue of whether or not the City can assess the homeowner. Also, the HRA might want to consider some low interest loans for driveways as part of the housing rehab program. Mr. Sielaff stated it is also an issue of what brings more value to the property. He believed the way to handle the situation is through the sale, because that gives the seller an incentive to improve the driveway because it can be included in the price of the house. Mr. Saba stated the key issue is that some people are going to be hurt by this kind of requirement and somehow the City has to help those individuals who need help. Mr. Oquist stated that he is in favor of hard surface driveways, but if they are going to require all driveways to be hard surface, then they must have good reasons for requiring them. Legally, can the City require driveways to be hard surfaced? Mr. Newman stated he believed they could if the requirement is amortized over a certain period of time. Mr.. Saba stated it would be good to know how many of these 350 residential homes are rental properties. Mr. Newman stated that since three of the Planning Commission members are absent and they cannot be sure of a consensus, maybe any action should be continued until some of the members can be a part of this discussion. Mr. Sielaff stated he would like to have more information. If income is an issue, he would like some information on whether some of these homeowners are on fixed incomes and how many have extremely long driveways. Total cost is going to be a big issue. 12G PLANNING COMMISSION MEETING, SEPTEMBER 8. 1993 PAGE 9 Ms. McPherson stated staff will try to get information on how many properties are rental/non-owner occupied properties and information on those homeowners who are on fixed incomes. Staff can also look at the addresses of 4-5 properties with long driveways. Mr. Barg stated staff can call other communities to find out what tliey accept for "hard surface". Mr. Barg stated staff will also research the question of whethe�r the City can assess the cost or if there could be any assistance for those people who need it. Mr. Ne��rman asked how the Commission members felt about staff's recomm�=ndation for 30� maximum lot coverage of hard surface parking in the front yard. Mr. Oq�uist stated he had no objection to the 30� limit. MOTION by Mr. Saba, seconded by Mr. Sielaff, to table further discus;sion until the next meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN'DECLARED THE MO'TION CARRIED IINANIMOIISLY. Mr. Ne�nrman stated that it might be appropriate for staff, when reviewing land use requests or other items, to use its discretion in adding stipulations requiring certain maintenance items. b. Update Regarding Planning Issues Mr. N��wman stated that included in the agenda for the Commission's information was a memo dated September 3, 1993, from Barbara Dacy regarding "Status Report on Priority Proj ects" . ADJOURNMENT• MOTION by M�r-. Oquist, seconded by Mr. Saba, to adjourn the meeting. Upon a voic�e vo�e, all voting aye, Chairperson Newman declared the motion car��ied and the September 8, 1993, Planning Commission meeting adjourned at 8:58 p.m. Respectfully submitted, , � ' Lyn Saba Reco ding Secretary 12H � � � J Community Development Department P G D�SION City of Fridley DATE: September 23, 1993 � �r To: William Burns, City Manager � FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: � 5pecial Use Permit Request, SP #93-14, by James Wold; 1425 Meadowmoor Drive N.E. The Planning Commission reviewed the special use permit request to allow construction of a second accessory structure over 240 square feet at its September 8, 1993 meeting. The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. 2. 3. The accessory structure shall be architecturally compatible with the existing dwelling unit. The petitioner shall provide a hardsurface driveway by September 1, 1994. The accessory structure may not exceed 14 feet in height. 4. The accessory occupation as Zoning Code. MM/dn M-93-557 structure may not be used to conduct a home defined in Section 205.03.34 of the Fridley � REQUEST Permit Number Appiicant Proposed Request Location SITE DATA Size Density P�eserrt Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial I mplications Conformance to the Comprehensive Plan Compatibility with Adjac:ent Zoning and Uses Environmental Considerations RECOMMENDATI:ON Staff Appeals Commission P(anning Commission Author S3/dn STA,FF REPORT Community Development Department Appeals Commission Date Planning Commission Date = September 8, 1993 City Council Date : September 27, 1993 SP 4�93-14 James Wold To allow a second accessory building over 240 square feet 1425 Meadowmoor Drive N.E. 9,000 square feet Percentage of lot coverage proposed is 18% R-1, Single Family Dwelling Single family R-1, Single Family Dwelling to the North, South, East, and West Single family N/A N/A Rice Creek Approval with stipulations Approval with stipulations 12 r N//2 SEC. I2, T. 30. IRIy , �� _ i �L � � 2� vr<.�e� � i rr.�+ i � 1 (� I. (') � • e 'E. N.E. 24 C/TY OF FR/OLEY 2� i --� n R. 2 4 L.S. 4i93-14 James Wold STIi «T � � . � _ � iF � F . r4 � ��_.. � � �i 12K LOCATfON MAP , l i: �I s � � J . � � . '�;'� .C�I' N A� � � a � v 1f. .•1.� n t� �� t�.. �\ p w i 9 �".}��.' ' �Y. � � : �l Z ~ �' � `� � °� 1 ?..� q 1� � < • , � h � Zr�� ,- - -.1- y' ' v . w � � m a ` �., �, , HAYES ST. � q , • • • �, �, �, �•�• ••� . �. �.. p � A � - Z 4' m q � - � �n�� '" � - - • i� • - > ; ,a � .... m� - � . .�,. . � - ° �: . b • ' � 'S- 4;�;, o s ,� . . . . ti - a " '� � �4,� E • • ^;� • � .. ,9 �.F �. � h r � • ^'� • �p � ' �` � V' ` � � � - ��' z '! AR HU R - v � bi � � (� � � `'� J � N fv b M N � J — � ip ��4 ^ y ` � 1 r/C \ n �, ^\, . V� � L� A � q`'� 4� s 1` � / � 4+ U J � � Pir.E1R E lA ^� 9RIG/ � iV �^ � 'a � _� � - �"'__ - — N _ \ __'.�� \ W W n7 - a. . ,. � - � - - ti • C� ' o I d . . • �• � _ � w � p a • • • `Q ��s .N. �AQ ��+ °� ; 4 a �r W � � 1' R. 2n .. � m ��^iT _ ..., r .. : � s. i � ; � � ` � I__ i i.7�'_'.; _ f � � SP ��93-14 James Wold n��e��r��nt r�:��rrQn,� uc.�n ��. � ac�E ��i` � �� i �� . ��; �� 0 : �Q t ��0��+ I�� •'�i r� �� a� ee��a�0e �� ■ 12� ZONING 11AAP 1" �. Staff Report SP #93-14, by James Wold Page 2 Rec�uest The petitioner requests that a special use permit be granted to allow construction of a detached accessory structure over 240 square feet. The request is for Lot 16, Block 2, Meadowmoor Terrace, the same being 1425 Meadowmoor Drive N.E. Site Located on the attached single Family Dwelling, Analysis property is a single family dwelling with an car garage. The property is zoned R-1, Single as are all adjacent properties. The petitioner is proposing to locate the detached accessory structure in the northeast portion of the subject parcel. The structure is 24' x 24'(576 square feet) and is proposed to be used for parking of an antique truck, one boat, one snowmobile, and one motorcycle. The proposed location of the secohd accessory structure is well within the required setbacks for detached accessory structures. The accessory structure may not exceed 14 feet in height and may not be used for the conduct af a home occupation as defined in Section 205.03.34 of the Fridley Zoning Code. In addition, the petitioner will be required to provide a hardsurface driveway three feet from the side lot line. The request as proposed does not exceed the lot coverage maximum. Adjacent properties should not be adversely affected. Recommendation Staff recommends that the Planning Commission recommend approval of the special use permit, SP #93-14, to allow a second accessory building over 240 square feet, with the following stipulations: 1. The accessory structure shall be architecturally compatible with the existing dwelling unit. 2. The petitioner sha11 provide a hardsurface driveway by September 1, 1994. 3. The accessory structure may not exceed 14 feet in height. 4. The accessory structure may not be used to conduct a home occupation as defined in Section 205.03.34 of the Fridley Zoning Code. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 12M SP ��93-14 James Wold � '�—^------- _...— --Mieri�ape -_. ---++..�-��►wp��. - � %� �'yy • -��--`:_,._..,..,.:..,..� . Soils I��sfinq � .. . ... . .. _ - -- l' •��I�� ` • Mine. SS Civii Eeyi�e�ring . .. . � . . -. . . / Telephor• 7N-61 - Mvnitip�ol fnyineering Engineers & Surveyors A�Qa �� Mc►rtgage Loa n Survey for `,� �_ k' �'� �J��,� t�� r �� ` X �y' GQ�'Q g� . �'i� (��-c� roo� � �oot- W4� ($' GQ ble ��ehc� �QCeS S�Free�- 75 ----.--�-�. �o� �6 �� 0 32 0 C.l �0.9± , � !4 '_� ' �O ��xisf �hQ � -- ° l��se � ^' � �i � r � o.; , 14 25 � i, 32 �4 M � M / / 75 � S' � �� M�� i� � � `. l��QI� C��?, �/� a /� / � �` N ------ �-- T„-r�01'�S �r;tt�1C�C�C�.��t1��i � � V �OT 2 . , I.J��`` r �<,�,:,c.,,; � M�AkJO W M`� o An,T C_ JC IC A� C. This �s oi �rue ood co..eit �epi�so��afio� of a s��vtr o� �6e bou�do.�e� ef tbe�lond abo.r• d�s�r�bad ond d lecofion of oll buildinas� if owr� t1��eo.�� a�d all v�tibl• •.�c.oa�l.mcnf�, if ony� /�om or o.� faid (aod. This s��v� mod� onty :� co��ec�io� wi�h a To.fyo9e loa.� nsw be��g placed o� �he piope.�y o�d Mo I�obililr is ossv�w�e •ic�p� �o nA♦ 6olAe. e/ wc* mw�yaye e. oor e�h�r ie��res� a<qvi.�d br �h� reason e} �vcl� w�ei�ooy�. 1� is w�den�ood e..d oyr�.d e.00nu�na�ne Favr br�n ( ��d /or •h� p��po.. o/ es�ablis6i�y bf tin�s or bevndar co�oers. Oafed �I��a .�._day ot....��r . 4._Q._1Q5� _ . SU�UReAN fNGINEERIN(i, INC. � 2N SITE PLAN I 1 5 � � i f i SP ��93-]4 James Wold { I � � : %� � � f 1�G1 �G Cj � ' �I - � � � � T c �,. cvo-�' S' l�ua � � � " G--� �: '; �e, � �� c � � j _ c � � � � '�- f - PROPOSED GARAGE f` aJ�`s g�it' GG� �oor � ___ � � 1_ �� _ ^ �� _ �Gf -,'.- o �� i� MEADOWMOOR DRIVE � T N 5' _ 12o SITE PLAN CITY OF FRII)LEY 6431 UNIVER;�ITY AVENUE N.E. FRIDLEY, Mr1 55432 (612) 571-3450 � ' COMMUNITY DEVELOPMENT DEPARTMENT SPE(�IAL USE PERMIT APPLICATION FORM PROPERTX_INFORMAT ON - site plan required for submittal; see attached Address: ��2 5 IYI Pad d rv� o o r` � r �r id ► ev M h �J `✓J Li � Property Identification Number (PIN) Legal description: Lot �__ Block �aet/Addition _�i ecto�aWrneor �-e rra c�e Cu�rent zoning: Q � Square footage/acreage Q Q0 0 S�,. Reason for speciial use permit: _!,a �e c� n-� � a ti e� r;�ck ��►�_ S�4o� n-t , p) u S one bon�, ane+ rwn �nrs unor ac na* want 7t �t ane SNcwrncbtl,� one �ncto� cycl�e Section of City Code: Have you operated a business in a city which required a business license? Yes N�o � If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME ►ti t��GS 1.t1'2 �'GI � 6 �.d ADDRESS�� rneQ[�/�.rl� IM(�bif' n r' �� ( � . z�„ DAYTIME PHONE 7$ 3"' 9 Co I 5 SIGNATURE ��C,��y,�¢q �'�%�� DATE PETITIONER INFORMATION NAME C� w'�� (� G�JC.t VC� W O�� ADDRESS �� %I�� FQ �p��J �� o �- y� �� -1�- � � � 3 � �_,,_DAYTIME PHONE % g 3 � �v / � SIGNATURE � �,�.,,�� , � �/��Z� DATE Fee: $200.0p $100.00 '�� for residential 2nd accessory buildings Permit SP # � �,�'� -- ( � Receipt # Application received by. Scheduled Plannin Commission date: � 1�' ; �r� ��,; 1,� ' �";':' � ��' ' � � { ��`j - Scheduled City Cauncil date: 12P �� I Community Development Department PL�vlvuvG D�SION City of Fridley DATE; September 21, 1993 �� TO: William Burns, City Manager r�� FROM: Barbara Dacy, Gommunity Development Director Michele McPherson, PZanning Assistant SIIBJECT: Variance Request, VAR #93-23, by St. Philip's Lutheran Church, 6180 Highway 65 N.E. The Appeal:a Commission reviewed this variance request to allow an increase in the amount of time to display a temporary sign from two weeks to three years. The Appeals Commission voted unanimously to recommend denial of the request to the City Council. Staff reco�mmends that the City Council concur with the Appeals Commission action. . MM:ls M-93-555 13 REQUEST Permit Number Appficant Proposed Request Location SITE DATA Size D2nsity Present Zoning Present Land Use(s) � Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations � RECOMMENDATION Staff Appeals Commission Planning Commission Author �;ls S TAFF REP O RT Community Development Department Appeals Commission Date September� 14, 1993 Planning Commission Date City Council Date Septer�er 2 �, lg 9 3 � #93-23 St. Philip's Lutheran Church To allaa the display of a terrporary sign for irore than two weeks (u� to three vears) 6180 Highway 65 iJ.E. Seven acros R--3, General Multiple Family Institutian C-3, General Shopping Center District, to the N& E; 1�1, Single Family co the Tn1 Conm�ercial to the iV & E; Residential to the W Ri.ae Creek �enial Denial 13A I� RNER �"L '; � �� . n - �' ' � S l/2 � S�C. /3, � C/TY Of FR/L� I4 � ` . ; �, ;" N \ � 1 � � �� - ( � �" a H. LOCATION MAP b� ►��.:�7� • ��1�� 1 �� i � "�� ♦��O♦�� < �i�♦ ` �_� 4 w .f�� .� � �� ., � IC��S ♦ �'O � �1�� ..�� I / i� � � ..�_e •l►�II►�[C�►��I%�: Staff Repori� VAR #93-23, 6180 Highway 65 N.E., St. Philip's Lutheran Church Page 1 A. STATED HARDSHIP: "Three•-year program - temporary sign requesited . " B. ADMINI.iTRATIVE STAFF REVIEW: Requesit The pe�titioner requests that a variance be displa�� of a temporary sign for more than reques�t is by St. Philip's Lutheran Church, at 618�� Highway 65 N.E. Site time extension granted to allow two weeks. The generally located Locate�3 on the property is a single story masonry building. There _�s a gymnasium and activity center connected to the main church facility. The property is zoned R-3, General Multiple Family Dwelling. The property to the east and north is zoned C-3, General Shopping Center District. The property to the west i;s zoned R-1, Single Family Dwelling. Analysis Sectio;a 214.11.06 of the Sign Code requires that portable signs �may be displayed for a period of 14 days after a permit is iss�ued by the City. Public purpose served by this requirement is to control visual pollution by limiting the size and types of signs displayed on a property. The pe�titioner has installed a sign advertising their current fund cirive. The sign is 46 square feet in area and is approximately 8 feet high. The intent of this sign is to be temporary; display is for the Iength of the fund drive. In 1978, the church installed a 5.5 feet by 14 feet brick sign. The message area of the sign is approximately 24 square feet in area. Chapter 214 of the City Code allows institutional signs of 32 square feet in area. Prior to the City approving a variance to Chapter 214, four conditions must be met by the petitioner. Those conditions include: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The property is zoned R-3, General Multiple Family Dwelling. Chapter 214 limits the maximum size of signs for institutions at 32 square feet and does not specifically allow the use of temporary signs, except for 13D 5taff Report VAR #93-23, 6180 Highway 65 N.E., St. Philip's Lutheran Church Page 2 Q institutions. The petitioner has the option of reconstructing its existing sign to incorporate a readerboard type of sign which would allow temporary messages to be displayed within the sign. This would allow the petitioner to advertise the current funding drive.as well as the hours of services without temporary signage. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Denial of the variance would not eliminate signage for the petitioner. The petitioner has an existing sign advertising the facility as a Lutheran church. The maximu�n amount of signage permitted by code has not been util'ized by the petitioner. The petitioner may apply for new permits for temporary signage in 1994. The petitioner has other options; therefore, denial of the variance would not remove a substantial property right from the petitioner. C. That the strict application of the Chapter would constitute an unnecessary hardship. ' Denial of the proposed variance request would not constitute an undue hardship as th� petitioner is allowed to display temporary signs for two 14-day periods per year. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Currently, a multiple number of signs are displayed by the petitioner: the permanent sign which received a permit in 1978, the temporary sign of 46 square feet currently displayed, and a small nursery school sign. The public purpose served by the 5ign Code is to reduce visual pollution by limiting the size and types of signs displayed on various properties. Denial of the variance would assist in meeting the public purpose by limiting the number of signs displayed on the property. Recommendation As the petitioner has not met the four conditions required prior to the granting of the variance, staff recommends that the Appeals Commission recommend denial of the variance to the City Council. 13E Staff Report VAR #93 -23, 6180 Highway b5 N.E., St. Philip's Lutheran Church Page 2 A�beals Commission Action The Appeals Commission voted unanimously to recommend denial of the request to the City Council. City Council Recommendation Staff �recommends that the City Council concur with the Appeals commission action. 13F i � �_ � � � r- � �A � � O v t�- � �1 ci' O � w � m � � 0 �, � ��) 0 � n � 0 � � 0 � �_ � � � � - ,;�, : _ = _ _� .. . ,� __ � _-_ - - S � _- � -: -- _ � �� _ _:� _ _ � �-- - - �: .�1► � � � � � � � __ � � �_i; __ � � ' � _ _ � s= - �: - �� - �� =-= � � tiY- �= t� "C� :y. _ i �__ i �< � ' � � 'h. �1 � :__ � � ;:t __ � _-- * • __ _-_ �.. -==..1 � =-=_ __ _ �T1 � __ _-_ - -- � - � = �. ___ �' . � _- -==_ �'�' . .� _ � _== t� _ - -_ _ - f : �: __. � r== _ � - _ � �- � - � v _ v � � � ti; i � � � � � � � � � � � � � � � � � � ' � � � � � � � � � � � � M � � � 0 � � � 0 � �° � r--r � y � � � C � � � s� � � � � � � � � ,� �r•.. �? � �� t,'� � . -Q . � � �� ♦ � 13G ELEVATiON i � � � • - . .. . �ei�;.'{.;.t:: . . � s'�> —__ . . -- -- — - _ _ . : y � :� - t x + � �•. � 1 ~-Y 4 � : . . � �� . . '. � .�. � �--� � ` � - ' __ � 7 — �.k----�"�^*w•,` i � . � � � �i"- , _. _ � . j ,� j ;.: � ,. __ . �� . �� =� ' __ .. 4�= �' �.::i: ��. -- • ' � - � 1 y • F-- � . �'� �� ,�- �'. . ' � � � � —_.-- -�_". � �.�. _ .. . _._.._.------�^"'"'° i� �� R � ? �r. • �^\ Ml�� j� �� _�'� £ . � �3 ' _ '.i� � • -��.�.. � :.��; .' � � � }`. _�� i ' �..� � � �, _{ . -- -.- ' i .. ,�.-�-. �.,, _ � fi ::� � . _-- . _ � : - I : , - i ; i �, _ ► j - . � . . �. �. . � ,� . ,_.. ' ... � � �� ' . . �_ , I � .-j - - - t .. I ' , � rn� � �_. _ � � _. .�. � - _ -:. , ,1 - . ,. . ( � . ��: . : ._. 1 _ . -L_� . ° � - � � i..'-: I� .' t P� -'--- � . .. � -�--� .. � .. . . .. ' •i- � . '�'w .• �3, �!� r- � ..._ . .. . . . ;.S�.�i 't� '�?�+ ti^ : a. � .. v 13H � _�; j � ,�,_ � . _ - �� "'_' � � � � nI Original Sign CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 �I ' (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: 6180 xiahwav 65 NE in Frii3ley Property Identification Number (PIN) Legaldescription:__ Outlots 1 and 2, Block Two, Moore Lake Hi hlands, 4th Addition Lot Block Tract/Addition Current zoning: Square footagelacreage seven acres Reason for variance and hardship: _ 3-vear proaram -temt�orarv siqn time extention requested Section of City Code: Chapter 214 Have you operated a business in a city which required a business license? Yes No X If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No X FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME Jenni fer Prase Pr i d n - S Pl,i 1 i n�� T,�thor�.��t�.�y ADDRESS 6180 Highway 65 NE SIGNATURE PETITIONER INFORMATION NAME St. Philin's Lutheran Church Y'TIME PHONE S�i _i �n� �� . , . .. ADDRESS _ 6180 Highway 65 NE Fridley MM[�tt 55432 DAYTIME PHONE 571-1500 SIGNATURE_��,� ~�1,�� .��;;��-��,� DATE Aug. 20,1993 Fee: $100.00 $ 60.00 for residenrial properties Permit VAR # — � - Receipt # �� ( Application received by: Scheduled Appeals Commission date: _ -- — 1' ..� Scheduled Ciry Council date: 131 O � � 0 6t80 HIGHWAY 65 NORTH EAST • FRIDLEY MINNESOTA 55432 • TELEPHONE 612/571-1500 St. P ' 'p's Luth�ran Church August 24,1993 Michele McPherson Planning Assistant, City of Fridley 6431 University Avenue NE Fridley MN 55432 Dear Michele: The Variance Application Form requesting a variance to display our sign for up to three years is enclosed. The sign is professionally made and very attractive. It carries the theme for our three-year building fund program. It is also an invitation to our facility which hosts numerous community support groups as well as our own programs. A sketch of the sign is enclosed. Please call me if you have any ques- tions. Sincerely, �� elma Nash Allan J. Schoonover, Connie M. Kleingartner • pastors Thelma Nash, administrator • Chris Dahlberg, childhood education 13J 6180 HIGHWAY 65 NORTH EAST • FRIDLEY, MINNESOTA 55432 • TE�EPHONE 612/571-IS00 �� St. Philip's Luther�n Church � 0 � August 27,1993 Mayor William Nee Fridley City Council 6431 University Avenue NE Fridley MN 55432 Dear Mayor Nee: Enclosed is our application for a variance for the length of time that our temporary sign may be displayed. The sign is professionally made and very attractive, approximately 4'x10' and carries the logo and theme of our three-year capital appeal, "Catch the Vision--Celebrate the Challenge." The sign also serves as an invitation to the community for the many programs and support groups that are held here. Our mission is to make a positive influence on people's lives in this community. We appreciate your consideration of this request and the fee being waived, if possible. If you have any questions, please call me. enclosure Sincerely, ��z� heima Nash Allan J. Schoonover, Connie M. Kleingartner • pastors Thelma Nash, administrator • Chris Dahlberg, childhood education 13K CITY OF FRIDLEY APPEALS COMMISSION MEETING, SEPTEMBER 14, 1993 _________________________________________________________________ CALL TO ORDER• Chairperson Savage called the September 14, 1993, Appeals Commission meeting to order at 8:00 p.m. ROLL CALL• Members Present: Diane Savage, Larry Kuechle, Ken Vos, Cathy Smith Members Absent: Carol Beaulieu Others Present: Michele McPherson, Planning Assistant Pastor AIIen Schoonover, St. Philip's Church Cecelia Rosenberg, 17354 Weaver Lake Drive, Maple Grove APPROVAL OF AUGUST 31 1993 APPEALS COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Ms . Smith, to � approve the August 31, 1993, Appeals Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BAVAGE DECLARED T8E MOTION CARRIED IINANIMOIISLY. l. CONSIDERATION OF VARIANCE REOUEST VAR #93-23 BY ST PHILIP'S LUTHERAN CHURCH• Per Section 214.11.06 of the Fridley Sign Code, to allow the display of a temporary sign for more than two weeks on Outlots � and 2, Block 2, Moore Lake High�ands, 4th Addition, generally located at 6180 Highway 65 N.E. MOTION by Mr. Kuechle, seconded by Dr. Vos, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON SAVAGE DECLARED TIiE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:02 P.M. Ms. McPherson stated this property is located in the southwest corner of the intersection of West Moore Lake Drive and Highway 65 N.E. The property is zoned R-3, General Multiple Dwelling, with C-3, General Shopping District, to the north and east, and R-1, Single Family Dwelling, to the west. 13L APPEALS COMMISSION MEETING. SEPTEMBBR 14, 1993 PAGE 2 Ms. McPherson stated the petitioner is currently displaying a sign advertising the church's three year funding drive. The sign is 46 square feet in area and is approximately 8 feet high. The intent of the sign as designed is to advertise the petitioner's three year funding drive, as well as advertising the hours of the church's worship services. The petitioner stated that this funding drive is a three year period and is requesting that they be allowed to display this temporary sign during the current funding drive. Ms. McPherson stated that prior to the City approving a varianae to Chapter 214 of the City Sign Code, the four following conditions must be met: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The property is zoned R-3, General Multiple Family Dwelling. Chapter 214 limits the maximum size of signs for institutions at 32 square feet and does not specifically allow the use of temporary signs, except for institutions. The petitioner has the option of reconstructing its existing sign to incorporate a readerboard type of sign which would allow temporary messages to be displayed within the sign. This would allow the petitioner to advertise the current funding drive as well as the hours of services without temporary signage. B. That the variance is necessary tor the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Denial of the variance would not eliminate signage for the petitioner. The petitioner has an existing sign advertising the facility as a Lutheran church. The maximum amount of signage permitted by code has not been utilized by the petitioner. The petitioner may apply for new permits for temporary signage in 1994. The petitioner has other options; therefore, denial of the variance would not remove a substantial property right from the petitioner. C. That the strict application of the Chapter would constitute an unnecessary hardship. Denial of the proposed variance request would not constitute an undue hardship as the petitioner is allowed to display temporary signs for two 14-day periods per year. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. 13M APPEALS COMMISSION MEgTING, 88PTEMBER 14, 1993 PAGE 3 Currently, a multiple number of signs are displayed by the petitioner: the permanent sign which received a permit in 1978, the temporary sign of 46 square feet currently displayed, and a small nursery school sign. The public purpose served by the Sign Code is to reduce visual pollution by limiting the size and types of signs displayed on various properties. Denial of the variance would assist in meeting the public purpose by limiting the number of signs displayed on the property. Ms. Smith asked the longest extension of time a variance has been approved for a temporary sign. Ms. McPherson stated the only formal request for an extension of time for a temporary sign was for Northwest Racquet, Swim & Health Clubs, and that request was denied by the Appeals Commission and City Council. Pastor Al1en Schoonover of St. Philip's Lutheran Church stated they did have three signs; the nursery school sign is now down. It appears in the spring and fall for registration. He stated the church has a debt of $1.4 million for their new added facility and gymnasium. They added these facilities on to the church not only to serve the church but to serve the community of Fridley. A recent Carnegie study shows that kids between the ages of 6-12 form most of their values during the hours of 3:30 p.m. to 6:30 p.m. He stated they are serious about kids and that is one of the reasons for the new facility. Pastor Schoonover stated the sign exists for two reasons: (1) To promote to their people that this debt has to be paid; and (2) To attract people to the church in order to pass the message and offer the kinds of morals and values that this society needs. Pastor Schoonover stated the people in the neighborhood do not object to this sign. He stated they know their big permanent sign needs to be changed, and they plan to do that in the future. If the City does not want them to have the temporary sign up for a three year period of time, they would be willing to take it down before then, but they do want to have it up more than two weeks now and then another two weeks twice each year. They believe they are an asset to the community and they want to work in partnership with the community to make Fridley a better place to live. Pastor Schoonover stated he believed the sign is attractive and not objectionable. He stated they have to have some visibility, because the area across the street at the shopping center just bounces with neon lights, and they are trying to attract people to their facility. Dr. Vos asked if a church can put up a wall sign. 13N APPEALS COMMISSION MEETING. SEPTEMBER 14, 1993 PAGE 4 Ms. McPherson stated, yes, they can, but she did not know how City staff would regulate it as it is an institution as opposed to a commercial business. MOTION by Ms. Smith, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPEI230N SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:15 P.M. Ms. Smith stated she could understand the church's need for the sign and that it is for a good cause, but she could not recommend recommending approval of an extension of time to the degree requested by the petitioner. There is also the issue .of setting a precedent. Ms: Savage agreed. She stated that even though the neighbors do not object to the sign, the Commission has t� be concerned about the precedent this would set if they granted this particular variance for a temporary sign. She also could not approve the variance, because it does not meet the four conditions of the Sign Code as outlined by staff. The petitioner does have alternatives, one of which is a permanent readerboard sign. She did not believe the public purpose is being met by allowing the continuance of this temporary sign. Mr. Kuechle stated he would also vote to recommend denial for two reasons: (1) The request does not meet the four conditions in the Sign Code for granting a variance; and (2) He believed that if a temporary sign has a life of two years or more, it then becomes a permanent sign. With some readjustments, this could become a permanent siqn. Dr. Vos stated that he agreed the City does not need any more temporary signs. The church could use different signage, and he didn't think giving the church permission to have a temporary sign long term is going to solve what he believed should be different signage. What is curious is that the Fridley Liquor Store on Highway 65 has one or two banners up all the time. If they are going to enforce temporary signage foz� the church on the corner, then they better enforce ±he signage for the City's liquor store. The City should be consistent in its enforcement. He would recommend denial, but under protest. MOTION by Ms. Smith, seconded by Mr. Kuechle, to recommend to City Council denial of variance request, VAR #93-23, by St. Philip's Lutheran Church, per Section 214.11.06 of the Fridley Sign Code, to allow the display of a temporary sign for more than two weeks on Outlots 1 and 2, Block 2, Moore Lake Highlands, 4th Addition, generally located at 6180 Highway 65 N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOOSLY. 130 r � � _ I Community Development Department PLANIVING DIVISION � City of Fridley DATE: September 21, 1993 /}�, �� v To: William Burns, City Manager�� FROM: $IIBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #93-24, by Cecelia Rosenberg, 71 - 63 1/2 Way N.E. . The Appeals Commission reviewed this variance request at its September 14, 1993, meeting., The variance request is in two parts: 1. 2. To reduce the front yard setback from 35 feet to 22 feet To allow the construction of a single car garage when a two-car qarage is required The Appeals Commission voted unanimously to approve the variance request to reduce the front yard setback from 35 feet to 22 feet. This is to correct an existing encroachment by the single family dwelling unit on the subject parcel. The Appeals Commission voted unanimously to deny the variance rec�uest to construct a single car garage. As the Appeals Commission denied a portion of the variance request, the City Council is required by ordinance to review the request. MM:ls M-93-554 13P REQUEST. Permit Number Appiicant Proposed Request Location SITE DATA Size Densiiy Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMIVIENDATION Staff Appeals Commission Planning Commission Author �.ls S TAFF REPORT Community Development Department Appeals Commission Date Sept�e�er 14, 1993 Planning Commission Date City Council Date gep��r 2�� 1993 � #93-24 Ceoelia l�senberg Zb reduoe the firont yard setbacic from 35 ft. to 22 ft.. and to allaw the c�nstruction of a single car garage when a two-car garage is required 71 - 63 1/2 Way N.E. 10,836 sq. ft. 1��, Single Family Dwelling Single Family �2, Single Family Dwelling, on all sides Residential on all sic�es N/A Six Cities See Staff Update 13Q , l5�, T. 30, R.2� OF FR/OL EY CONDOM/NKIM � B i" ' 8 � 42 . �ea�� ,,�� ,... .�..-••.. .,.�_.., ._.... . or. � � n r^" A,; ppTAs -�T . / �.: ��/�� I, w� rJ M.C.'f� ' ' 2 O 43 I� b;! 1S A COMP1LAlION OF RE( IiHEf APPEAF IN iHE ANOKA CFFICES AfFECTING iHE AREA � TMl: �AAWIN{', IS 1,'� Bf :ISEJ ( � REFERENCE YURPO5:5 AND Tlj iTY IS NOf RESPONSIBIE FOR ACCURACIES 11ERE�N CON� 539/5 ; 41 __ I E. V4 CORMER '7 C.I� --�'—�/�'T $T N ppITION r SYLVAN H1LLS 1 PLAT 8 E ' I.ANE ,r 4-rT .. � _.. � S p�..�' f �•� � mk r.: �. � c I V +�� 9 � 9 I� : SYLVAN �LANE �� 5 ;� \ -; 4 � ; 13R L�CATION MAP �' . . ; . .�•' � � I � ; � �s :, oo. I � ', ' � 3 ; ` •r '� i • z i , � 4 I " s I I ' � z i � � �7--- i� A�i i'n■ , 1, �iiu■ � 1 � vn I �► ��'�" ,.i` � . , �� ,,,�� : �� ; �� , �,. , .�, 1i �- ��'�i� , ,�• �o�� 0 ��a�a�m� �1:7,fi��:•r_��:N �p�� 10�1 �� '� ��=�� , .s � �iii� if6��ii fifiiiNiT • `, t : ��'�� ra�a��oA ��=�r�i�i�0�� f/�(��' ►♦:(P13�d�Td�:"c: �:- .Y��d�� 13S � ,. ZONING MAP i1 Staff Report � VAR #93-24, 71 - 63 1/2 Way N.E., by Cecelia Rosenberg Page 1 A. STATED HARDSHIP: "Wish to �mirror' front of house for a balanced look." B: ADMINISTRATIVE STAFF REVIEW: Request The petitioner requests two variances: l. To reduce the front yard setback from 35 feet to 22 feet 2. To allow construction of a single car garage when a two- car garage is required The request is for 71 - 63 1/2 Way N.E. Site Located on the subject parcel is a single family dwelling unit and a"garage" which was originally used as a chicken coop. The property is zoned R-1, Single Family Dwelling, as are all adjacent properties. Analysis Seation 205.07.03.D.(1) of the Fridley Zoning Code requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. The petitioner is proposing to add a small portico to the front entry of the dwelling unit, The portico is 6 feet by 8 feet. The proposed addition is well outside the required front yard setback area. The petitioner has requested that the existing encroachment be addressed by the Appeals Commission. The location of the dwelling as it exists does not adversely impact adjacent properties. There is adequate sight distance from adjacent properties and from the driveway. Section 205.07.o5.B.(1) of the Fridley Zoning Code requires that all lots having a minimum lot area of 9,000 square feet shall have a double car garage. Public purpose served by this requirement is to provide adequate off-street parking and storage of vehicles and materials which would otherwise cause visual pollution. 13T . Staff Report VAR #93-24, 71 - 63 1/2 Way N.E., by Cecelia Rosenberg Paqe 2 The second variance request is to allow the construction of a single car garage when a two-car garage is required. The existing "garage" or chicken coop is located on the side lot line in the rear yard. As it is not structurally sound, the petitioner is proposing to remove this existing structure and construct a new garage closer to the front of the yard. This will create a usable rear yard and provide a separation of "public" and "private" space. There is adequate room on site to construct a two-car garage. The petitioner has proposed to locate the garage 16 feet from the side (west) lot line. This would provide adequate room between the proposecl garage and the side lot line if the petitioner or a future property owner chooses to expand the garage. The location of the proposed garage meets the minimum setback requirements for the front yard and side yard. Adeguate off-street parking would be provided with the proposed driveway. If the Commission chooses to approve the variance request to allow a single car garage, staff recommends that the following stipulations be a condition of approval: 1. 2. The petitioner shall provide a hard surface driveway by September 1, 1994. The existing structure shall be removed within 60 days of completion of the proposed garage. . Appeals Commission Action The Appeals Commission voted unanimously to approve the variance request to reduce the front yard setback from 35 feet to 22 feet. The Commission voted unanimously to deny the variance request to construct a single car garage. City Council Recommendation Staff recommends that the City Council concur with the Appeals Commission action. 13U SlTE PLAN i i � �� I., � � � � __r-�- - �(o� 7 � i � y i �� I _ � : � � . � ` �� ;�.� �\ j �� `�l 1 j�' �� _. _ . U� �c� . --- � W�E ' 6 ��oPas�J G��s ��9-►'��•�s � � _ ��t "� '� 1�f_ :�� , \ �. . �_ � \ � \' . �� 13W SITE , 1 ' ��% F�� PLAN � � � � � �n� �� z� �, -� � �� . � �S� � � � .� g m m � �s � ; �� ' �� `�� M �J�� ?'uZ �? b v O � N � � � - ��1 . O �t - 9- � � L 13X � � �I ` � ,w I� � � � � � � � '� . i � � � � � � � �� ELEVATIDN i �� (� . �_ ------ _ _ . ,�. �Pblv i— S�v i K s�.(�E % %'% -%�j; ,,;. - , �� . � � ;. � � � : ;- . �a, --�S�✓<< � �' � ��5� �iDE -��/N� ��b � 13Y �3�4E� -- �a.2 i 1f S/.D� q� � I 1 i � ` �i.�l�� / ' c�iLle�i �cocl� �/�si3c� i , �7�-� ��- = 9 � , �;-�-G s,� 1 ��i 5�� f=-LVO� I � ELEVATION ; I � CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 f _ I' � � rGP/ Grf �C-« (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: ! � � � � ��Z �� % /U: � . � �/,C� L� y , Property Identification Number (PIN) /5 ' 3� 02 �-<}/ - OU.30 Legal description: �TS /'�'I o2(?, �3CD��C / S �°i� �.E� f�K, A�/��9- �Bd.✓i �% ,MiN�,��,�. Lot �Rt �n Block /� TracUAddition �i�//��g`/ �� Current zoning: �-s /��-� �'r�- Square footage/acreage �� 3�' Reason for variance and hardship: �l5ff 7?� "�%�'1��P�bR " �T � �s€ �'P � ��i+�G�lC'�,� GDOK Section of City �ode: � Have you operated a business in a city which required a business license? Yes No � If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign�this form prior to processing) . NAME ��yA- � . �OS��-� ADDRESS %%�� 1'nfH2 G�� /�c� �f�� c�� , �t� S��%/-j�{c�Z DAYTIME PHONE �� "��a SIGNATURE �'�i .�,, � , , � DATE /�/� �°, ��'� PETITIONER INFORMATION NAME ADDRESS SIGNATURE DAYTIME PHONE DATE Fee: $100.00 60.00 � 6C for residential properties Permit VAR #-�� Receipt # 3 L C=' `� Application received by: Scheduled Appeals Commission date: � -/�- % ��. Scheduled City Council date: 13Z � APPEALS C_OMMISSION MEETING, BEPTEMBER 14. 1993 PAGE 5 Ms. McPherson stated this item will go to City Council on September 27, 1993. 2. CONSIDERATION OF VARIANCE RE4UEST, VAR #93-24, BY CECELIA ROSENBERG• Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 22 feet to correct an existing encroachment; Per Section 205.07.05.B.(1) of the Fridley Zoning Code, to allow the construction of a single car garage when a two-car garage is required; On Lots 19-20, Block 15, Fridley Park Addition, the same being 71 - 63 1/2 Way N.E. MOTION by Ms. Smith, seconded by Dr. Vos, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:19 P.M. Ms. McPherson stated this property is located between East River Road and the Burlington Northern Railroad tracks south of Mississippi Street. The property is zoned R-1, Single Family Dwelling, as are all adjacent properties. Ms. McPherson stated that a single family dwelling unit is located on the property. A garage which was originally a chicken coop has been removed from the property by the petitioner. Ms. McPherson stated the petitioner is proposing to add a 6�ft. by 8 ft. entry addition to the front of the dwelling and to construct a single car garage. Ms. McPherson stated the first variance reque�t is to address the existing front yard encroachment which reduces the front yard setback from 35 feet to 22 feet. The proposed addition is well outside the setback requirement of 35 feet. The petitioner has asked that the existing encroachment be addressed. The existing location of the dwelling unit does not adversely impact adjacent properties, and there is adequate sight distance from the adjacent structures to the street. Ms. McPherson stated the second variance is to allow the construction of a single car garage when a two-car garage is required by code. The garage which was originally a chicken coop has been removed from the property. The petitioner is proposing to locate the new garage at the front setback line which would provide a separation between the front yard and rear yard and provide a separation of "public" and "private" space. There is 13AA APPEALS COMMISSION MEETING SEPTEMBER 1.4 1993� PAGE 6 adequate room on the site to construct a two-car garage and the petitioner is leaving adequate room between the proposed garage and the westerly lot line in which to expand the garage if the variance is not granted by the Appeals Commission and City Council. Ms. McPherson stated the location of the garage meets the minimum setback requirements and would not adversely impact the adjacent properties. There is also adequate off-street parking with the proposed driveway to meet the minimum parking requirements. Ms. McPherson stated that if the Appeals Commission chooses to grant the variance request to allow the single car garage, staff has one stipulation: l. The petitioner shall provide a hard surface driveway by September 1, 1994. Ms. Cecelia Rosenberg stated the existing house is very long and narrow so all that is seen from the street is the 14 foot wide front. If a double car garage is constructed, it will not be in proportion with the house as there will be a huge garage and a little house. So, her main reason for the single car garage is for aesthetic reasons, to give the property a"planned" look. She wants to keep the look of the property as balanced as possible. A single car garage also makes sense financially. A double car garage could possibly over-price the property. Dr. Vos stated one of the reasons the code requires a double car garage is for the inside storage of vehicles and materials. Is there adequate room on the property for the inside storage of materials? Ms. Rosenberg stated there is a full basement under the house, and she oniy has one car. Ms. Savage asked about the marketability of the house with a single car garage. She stated that most people want a double car garage. Ms. Rosenberg stated that she has looked at other houses in the area. The homes across the s�reet have no garages. Approximately 25% of the homes have single car garages, either detached or attached, approximately 25% of the homes have no garages, and the rest have double car garages, so it is a real mixed bag in this area. She did not think there would a proper selling price for the house if a double car garage has to be added. MOTION by Mr. Kuechle, seconded by Ms. Smith, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON 3AVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:35 P.M. . . APPEALS COMMI3SION MEETING. SEPTEMBER 14, 1993 PAGE 7 MOTION by Dr. Vos, seconded by Ms. Smith, to recommend approval of variance, VAR #93-24, by Cecelia Rosenberg, per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 22 feet to correct an existing encroachment on Lots 19-20, Block 15, Fridley Park Addition, the same being 71 - 63 1/2 Way N.E. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Kuechle stated that regarding the second variance for a single car garage, he would recommend denial for following reasons: 1. He believes a good one deviate fro enough room the requirement for a double car garage is and only in exceptional cases should they m that requirement. In this case, there is for a double car garage. 2. There is somewhat of a hardship in.the additional cost involved in going from a single car garage to a double car garage. In this case, the additional cost should not be extravagant because it would only be about a 40� �increase in square footage,.so the increase in cost should be less than 40%. He believed most of that added cost could be recovered in the sale of the property. 3. As far as the aesthetic considerations, placing the garage closer to the house might help the visual association. He understood the petitioner's concern about the house being very narrow and the double car garage looking much larger in perspective, but he did believe something could be done with the placement of the garage to alleviate some of that concern. Dr. Vos agreed that other options are available to reposition the garage on the property to lessen the visual impact. He believed that if the garage is positioned differently, the petitioner might find that a double car garage is an asset rather than a liability. He would also recommend denial for the single car garage. MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend to City Council denial of variance, VAR #93-24, by Cecelia Rosenberg, per Section 205.07.05.B.(1) of the Fridley Zoning Code, to allow the construction of a single car garage when a two-car garage is required on Lots 19-20, Block 15, Fridley Park Addition, the same being 71 - 63 1/2 Way N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this will go to the City Council on September 27, 1993. 13CC � � U Q i DATE: TO: FROM: SUBJECT: Background Community Development Department � PL�A1VrTING DIVISION City of Fridley September 24, 1993 WilZiam Burns, City Manager �' .� � . Barbara Dacy, Community Development Director Consider Resolution Modifying the Redevelopment Plan, ECO Finishing, Inc. The City Council conducted a public hearing on September 13, 1993, to consider amending the redevelopment project area and creating Tax Increment District No. 13. The purpose of the request is to provide tax increment financing assistance to ECO Finishing, Inc., a�d expansion of Cooperative Plating, Inc., r►ow located in St. Paul. The company proposes to construct a plating and metal finishing job shop. The facility is located at the northwest corner of 51st Way and Industrial Boulevard. The estimated project cost is $2,500,000. It is estimated that 30 new jobs will be created with the possibility of expansion to 80 employees in five years. Amendment to RedeveloAment Proiect Area Since the public hearing consideration on September 13, 1993, the request for tax increment financing assistance has been amended. It is no longer proposed to create a tax increment district; rather, it is proposed that the parcel be added to the redevelopment project area to enable the Housing & Redevelopment Authority to provide a$125,000 loan. This proposal is similar to the assistance provided to Sheet Metal Connectors located on Main Street. At the September 8, 1993, meeting, the Planning Commission adopted a resolution certifying that the modification to the Redevelopment Plan is consistent with the Comprehensive Plan. At its October 14, 1993, meeting, the Housing & Redevelopment will consider the request to authorize the loan to ECO Finishing, Inc. The proposed Zoan amount is for $125,000 to be paid over six years. The principle and interest payments for the first two years are deferred, and the remaining amount is amortized through the loan period. A 5% interest rate is proposed. '� Eco Finishing, Inc. September 24, 1993 Page 2 Recommendation A tax increment district is not proposed to be created. The attached resolution simply includes the parcel in the redevelopment project area. State statutes permit the HRA to use TIF monies in redevelopment project areas. All taxing jurisdictions will continue to receive property taxes resulting from the development. Staff recommends that the City Council approve the enclosed resolution. BD:ls M-93-562 14A RESOLUTION NO. A RESOLUTION MODIFYING Z'FIE RF•DEVELOPMEN'P PLAN FOR REDEVELOPMENT PROJLrCT NO. 1 TO REFLECT INCREASED PROJECT COSTS AND INCREASED GEOGRAPHIC AREA AND MODIFYING TI�IE TAX INCRENIEI�IT FINANCING PLANS FOR TAX INCRENIBNT FINANCING DISTRICTS NO. 1 THROUGH NO. 12 TO REFLECT INCREASED PROJECT COSTS AND INCREASED GEOGRAPHIC AREA WITHIN REDEVELOPI�NT PROJECT NO. 1 BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. It has been proposed by the Housing and Redevelopment Authority (the "Authority") that the Council modify the Modified Redevelopment Plan for Redevelopment Project No. 1 to reflect increased project costs and increased geographic area, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, inclusive, as amended and supplemented from time to time. 1.02. It has been further proposed by the Authority that the Council modify the Modified Tax Increment Financing Plans for Tax Tncrement Financing Districts No. 1 through No. 12 to reflect increased project costs and increased geographic area within Redevelopment Project No. 1, pursuant to Minnesota Statutes, Section 469.174 through 469.179, inclusive, as amended and supplemented from time to time. 1.03. The Authority has caused to be prepared, and this Council has investigated the facts with respect thereto, a Modified Redevelopment Plan for Redevelopment Project No. 1 to reflect increased project costs and increased geographic area and Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through No. 12 to reflect increased project costs and increased geographic area within Redevelopment Project No. 1. 1.04. The Council has performed all actions required by law to be performed prior to the approval and adoption of the Modified Redevelopment Plan for Redevelopment Project No. 1 and of the Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through No. 12. 1.05. The Council hereby determines that it is necessary and in the best interests of the City and the Authority at this time to approve and adopt the Modified Redevelopment Plan for Redevelopment . � Page 2 - Resolution No. Project No. 1 to reflect increased project costs and increased geographic area, and to approve and adopt the Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through No. 12 to reflect increased project costs and increased geographic area within Redevelopment Project No. 1. Section 2. Findinas< 2.01. The Council hereby finds, determines and declares that the assistance to be provided through the adoption and implementation of the Modified Redevelopment Plan and Modified Tax Increment Financing Plans are necessary to assure the development and redevelopment of Redevelopment Project No. 1. 2.02. The Council hereby finds, determines and declares that the Modified Redevelopment Plan and Modified Tax Increment Financing Plans conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with the City's comprehensive plan. 2.03. The Council hereby finds, determines and declares that the Modified Redevelopment Plan and Modified Tax Increment Financing Plans afford maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of Redevelopment Project No. 1 by private enterprise and it is contemplated that the development and redevelopment thereof will be�carried out pursuant to redevelopment contracts with private developers. 2.04. The Council hereby finds, determines and declares that the approval and adoption of the Modified Redevelopment Plan for Redevelopment Project No. 1 and of the Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through No. 12 by the City is intended and, in the judgement of this Council, its effect will be to promote the purposes and objectives specified in this Section 2 and otherwise promote certain public purposes and accomplish certain objectives as specified in the Modified Redevelopment Plan and Modified Tax Increment Financing Plans. 2.05. The Council hereby finds, determines and declares that the City made the above findings stated in this Section 2 and has set forth the reasons and supporting facts for each determination in the Modified Redevelopment Plan and the Modified Tax Increment Financing Pl-ans. Section 3. Modification of the Modified Redevelopment Plan for Redevelopment Proiect No. 1. 3.01. The modifications to the Modified Redevelopment Plan for 14C Page 3 - Resolution No. Redevelopment Project No. 1 reflecting increased project costs and increased geographic area are hereby approved and adopted by the Council of the City of Fridley. Section 4. Modification of the Modified Tax Increment Financina Plans for Tax Increment Financinq Districts No. 1 throuQh No. 12. 4.01. The modifications to the Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through No. 12 reflecting increased project costs and increased geographic area within Redevelopment Project No. 1 are hereby approved and adopted by the Council of the City of Fridley. Section 5. FilinQ of Plans. 6.01. Upon approval and adoption of the Modified Redevelopmeni Plan and the Modified Tax Increment Financing Plans (collectively the "Plans"), the City shall cause said Plans to be filed with the Commissioner of Revenue. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY THIS 27TH DAY OF SEPTEMBER, 1993. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK 14D 1 \ \ \� V � v � �, � N//2 SE�. 27, T. 30, /Q 2 4� �� C/TY OF FR/DLEY .-:r � - - : z:�. � •S: •. ' 'K : o . �.,"' . j = � ,Z,�:_ � _ .o. - — � f �--- - ; � \ � J \ � � - � � � � � � � l � � 21:_ .� 'I � � �. � � I �� 2� ; r� r / : ` . �[- /�,� � � ta �: Qoicsai 2� 6 � �, !1i � l U.virEO SrarES O�A�r,�,Pic,a f1.Jr � �;S '�� //� I C`_ �' � � ` �� \ �� ' ` 4. "' _-. .�r. CEN7fR -� � :t S£C 27 ' �Y .,, � . 24 31 14E � 13 . WTlOT . (d' (f� •u,�� i - r;— GVTtOi j � W� i'� OUTLOi R � - ; - o� �� _ ; � i' � CfiYOF � �'RiDLEY' MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager �� . Memo to: william W. Burns, City Manager� From: William C. Hunt, Assistant to the City Manaqer t G� Subject: Date: 1994 Budqet for the North Metro Convention and Tourism Bureau September 24, 1993 In accordance with the agreements with the four member cities, the North Metro Canvention and Tourism Bureau is required to submit its T994 budget to each city prior to the last day of September 1993. Submission of the budget is for information only with no action necessary by the Fridley City Council other than to receive the document. I am enclosing a copy of the 1994 budget for the Bureau which was approved at the September 8, 1993 meeting of the Board of. Directors. I request that you present it to the Fridley City Council to be received at the September 27, 1993 meeting. WCH/jb Attachment 15 V1G JUJ V��v � . �� TEL� 612-569-6320 Sep 23,93 9:53 No.002 P.02 ,..��•• . i I � � � � [On4E�T10n G TOURISM BURfhU� $epietnber 22 , I993 Mr. Willia,m Burns, City Manager City of F�idley 6431 University Avenue NL Fridley, MN SS432 � Dear �Vfr. �3urns: In accardance to our contract with the City of Fridley, I am submittin�; our 199� budget fvr review by the Gity Council. No action is rcc�wred. , The North Metro Canvention and Tourism �3ureau is jusE completing it� sixth year af aper�ttipn. E�tablishing an id�nti#y for our member cities to attract visitor doltars and faster econamic growth remains a key objective. I'm pleased to reporC tl�at progress is {>eing m�de in aci�ievin� this gaal,� �nd we look farward to contin�iv��; our ePfor�s in 1994. ' SinCerely, ,� (��l� Julie Doth ��ecutive Diructor T17/jgn enclasures �� 615j Fa�lr L�rotiti�n nr., Suite 1'.i1 $r��oklyn Ccnter. �4\ 55�33f! - 61 ?/�Gli-77?2 � Rtl(115d t-�364 FAX G 1 JSfi<�-63�i ► TT�n �s a ?J566-GS2� Se�vi�ib thc Cqmmunities of: F�idtcy. L�rcxik) )�n Ce«ter, Arcri�klyn Park, 117:t(�le Cir«ve Mcmb�r� • '15A MACVR /iACVB ' .- , NURTH METRO CONVENTION AND TOURISM BUREAU 6155 EARLE BROWN DRiVE BROOKLYN CENTER, MN 55430 REVENUE Lodging Tax MUT Program Support (estima[ted) Interest TOTAL REVENUE EXPENDII'URES Administration Marketing Sales and Promotions Memberst�ips Public Relations "i'O"tAL EXPENUt1'URES (I.ine item appropriations follow) 1994 BUUGET 15B $467,250.00 12,000.00 1,850.00 $481,100.00 $204,250.00 234,825.00 13,200.00 10,075.00 17.0OO.OU $479,350,00 NOR'I'[� METRU CONVENTlON ANll TOURtSM BUREAIJ 1994 BUllGET l. AUMINIS"I'RATIUN Salaries Payroll "I'�es Unemployment Taxes Re�rt Ofiice Equipment Maintenance Agreements O{�ice Supplics 7'elephone Postagc/UPS/Courier Auto Mileage/Parking Printing/Stationary Temporary Help Insc�rance - Workers Comp Insurance O 8c D Liability Insurance - General Liability Auditli'ax Preparation Professional Fees Miscellaneous Cvnferences and Schools TOTAL AUMINISTRATION IL MARKE'I'iNG Standard CoilateraUBrochures Rcference Materials Local Advertising and Promotions Group & Tourism Promotion (dctails to be detcrmined) Special Promotions Marketing Services and Fees Contingcncy National Sports Center 7'U`i'AL MARKETING conti�rued 2 15C $13QU00.00 10,000.00 1,200.00 13,650.00 5,000.00 500.00 2,000.00 9,000.00 5,000.00 4,000.00 3,000.00 1,200.00 2,OU0.00 2,500.00 1,200.00 3,500.00 3,500.00 2,500.00 4,500.00 $204,250.00 $13,000.00 400.00 4,000.00 170,325.00 15,000.00 I 1,100.00 1,000.00 20.UU0.00 $234,825.00 NORTII METRO CONVENTIUN AND TOURlSM QUREAU 1994 BUDGET Ill. SALES ANU PRUMUTlO1VS Airfare f lotels - travel Meals - travcl Entertainme�rt - travel Meals - local Entertainment - local Car mileage - travel Car Rental Tradc Sliows/Sales Missions � Travel Advance TO'tAL SALES AND PROMU'fIONS IV. MEMBCRSHIPS Metro Assoc CVB , MN Assoc of CVB MN Society of Assoc Executives (MSAE) North Hennipen Chamber Brooklyn Center Chamber Fridley Chamber Hospitality Sates and Marketing (HSMA) Int't Assoc of CVBs Twin Cities Tourism Attraction Assoc. ("fCTTA) MN Festival Assoc Religous ConCerence Managers Assoc (RCMA) National Tour Assoc. (NTA) Miscell�neous 'f0"I'AL MEM[3ERSNIPS V. PUBLIC RELA'I'IUNS Public Relations Local Promotions 'f0'1'AL PUI3LIC RELA'C[ONS 3 15D $2,OU0.00 2,OOO.UO 1,000.00 200.00 1,500.00 500.00 500.00 500.00 5,000.00 00.00 $13,20(1.00 $6,000.00 250.U0 250.00 250.OQ 360.00 185.00 195.00 1,000.00 450.00 100.00 100.00 400.00 30U.00 $10,075.00 $9,0OO.OU 8.00U.00 $17,000.00 MEMORANDUM .��' TO: William W. Burns, City Manager � PW93-360 FROM: John G. Flora,l Public Works Director DATE: September 23, 1993 SUBJECT: Joint Powers Agreement, 85th Street We have received three copies of an agreement with the Anoka County Highway Department to install traffic signals on 85th Street and University West Service Drive. University West Service Drive is designated Springbrook Drive in Coon Rapids. The project calls for the cities of Coon Rapids and Fridley to share 25 percent plus one-half of 25 percent of the costs for construction and design. This amounts to $32,400. As traffic is becoming very congested in this section, recommend the City Council authorize the Mayor and City Manager to execute the agreement. The Walmart plat stipulation requires them to reimburse the City for any costs associated with the signal installation on 85th. Upon execution of the attached agreement and construction, we will initiate paperwork to obtain the funds from Walmart. I expect the signals will not be installed until the spring of 1994. JGF:ch Attach. 16 Wal-Mart P.S. September 10, 1992 Page 3 �- A park dedication fee of $29,164.73 shall be paid prior to ��• building permit��issuance. — y� The existing billboards on the site shall be removed prior to issuance of a certificate of occupancy. �� The row of light standards nearest the west property.line shall be installed with shields to prevent points of light :'from being seen from the nature center and Springbrook Apartment site. Further, the remaining standards should be evaluated after one full winter season and screened, if found objectionable. �� The petitioner shall comply with all Anoka County requirements for on-site construction o� the intersection at County Road 132 (85th Avenue) and as stipulated in the letter.dated June � 28, 1992. Further, Wal-Mart shall pay the City of Fridley's share of the costs assessed by the County for installation of a signal at 85th Avenue and the frontage road. -'��.�.�./ The normal pond elevation in the northwest corner of the site shall be established at 872 feet and the parking lvt redesigned to facilitate maintaining that level. � 13. Wa1-Mart shall cooperate in resolving any future problems resulting from water table changes on the nature center that are caused by its detention pond elevation during drought conditions. 14. Wal-Mart shall install two piezometer measuring devices on Nature Center property to monitor ground water elevations adjacent to Wal-Mart's storm water detention pond. 15. Wal-Mart shall pay for the costs to conduct water quality tests as determined by the Nature Cent�r Director on the following dates: A. B. C. D. E. F. Prior to building construction in September or October of 1992 June 1993 September 1993 April 1994• September 1994 April 1995 16A z� � Anoka County Contract No. ��C/� �.S � JOINT POWERS AGREEMENT FOR THE INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF COUNTY ROAD NO. 132 AND SPRINGBROOK DRIVE IN THE CITY OF FRIDLEY Project No. CP 93-06-132 THIS AGREEMENT is made and entererl into this day of ,1993, by and between the County of Anoka, a political subdivision of the State of Minnesota, Anoka County Government Center, 2100 3rd Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County," and the City of Fridley, 6341 University Avenue Northeast, Fridley, Minnesota 55432, hereinafter referred to as the "City." WITNESSETH: WHEREAS, the parties to this Agreement desire to joindy cause the construction of traffic- actuated control signals at the intersection of County Road No. 132 and Springbrook Drive; and WHEREAS, the parties to this Agreement agree that it is in their best interest that the City costs of said project be shared; and, 471.59. WHEREAS, said work witl be carried out in accordance with the provisions of Minn. Stat. § NOW, THEREFORE, it is mutually stipulated and agreed: I. PURPOSE: The County and City have joined together for the purpose of installing a traffc control system at the intersection of County Road No. 132 and Springbrook Drive, as described in the plans and specifications numbered 93-06-132 on file in the o�ce of the Anoka County Highway Department and incorporated herein by reference. II. METHOD: The County shall provide all engineering services and shall cause the construction of Anoka County Project No. 93-06-132 in conformance with said plans and specifications. The letting of bids and the acceptance of all bid proposals shal( be done by the County. • : III. COSTS: A. The contrad costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good- faith projections of the costs which will be incurred for this project. The estimated costs are attache� as Exhibit A, and incorporated herein by reference. B. The City shall pay for engineering services at a rate of eight percent (8 %) of its actual construction costs. C. The total estimated cost to the City is based on the actual costs of construction � and the City's share as provided for in Exhibit B. The estimated cost to the City is: Construction $30,000.00 Engineering (8 Y ) 2_400,00 Total Fstimated City Cost $32,400.00 D. Upon final completion of the construction, the City shall pay to the County, upon written demand by the County, the actual cost of construction and engineering, estimated to be $32,400.00. The City's shaze of the project shall include only construction and engineering and does not include administrative or other expenses incurre� by the County. IV. TERM: This Agreement shall continue until (1) terminated as provided hereinafter, or (2) until the construction provided for herein is completed and payment provided for herein is made, whichever (1) or (2) shall first occur. V. DISBURSEMENT OF FUNDS: All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES: All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to state laws. -2- �sc VII. STRICT ACCOUNTABILITY: A strict accounting shall be made of all funds and report of atl receipts and disbursements shall be made upon request by either party. VIII. SIGNALIZATION POWER: The City, along with the City of Coon Rapids, shall, at their sole expense, install or cause the installation of an adequate electrical power source to the service pad or poie for the intersection of County Road No. 132 and Springbrook Drive, including any necessary extensions of power lines. Upon completion of said traffic control signal installation, the ongoing cost of electrical power to the signal shall be at the sole cost and expense of the two cities. The City of Coon Rapids shall draft and enter into an agreement with the City for the same, IX. MAINTENANCE: Maintenance of the completed signal and signal equipment will be the sole obligation of the County. All other maintenance, including the ongoing cost of electrical power to the signal, will be the responsibility of the City and the City of Coon Rapids. X. TERMINATION: This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. XI. AFFIRMATIVE ACTION: In accordance with the County's A�rmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegal(y be exduded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, marital status, public assistance status, age, disability or national origin. -3- 16D � XII. NOTICE: For purpose of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County, Anoka County Govemment Center, 2100 3rd Avenue, Anoka, Minnesota 55303, on behalf of the County, and the City Manager of the City of Fridley, 6341 University Avenue Northeast, Fridley, Minnesota 55432. XIII. II�TDEMNIFICATION: The City and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective o�cers, agents or employees relating to activity conducted by either party under this Agreement. XIV. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING: It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, vaziations or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. -4- 16E � IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA By: Dan Erhart, Chairman County Board of Commissioners Dated: ATTEST By: John "Jay" McLinden County Administrator Dated: RECOMMENDED FOR APPROVAL By: Paul Ruud County Engineer Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: ak�«,�nu3zt�aky.� -5- 16F CITY OF FRIDLEY By: � Name: William J. Nee Tide: Mayor Dated: By: Name: William jV. Burns Title: City Manager Datefl: EXHIBIT A Joint Powers Agreement for the Installation of Traffic Control Signals at the Intersection of County Road No. 132 and Springbrook Drive in the Cities of Fridley and Coon Rapids Estimated costs for County Pro1ect No. 93-06-132 are as follows• Fully-Actuate� Traffic Control System Control Cabinet Engineering Total City Share (25% plus 1/2 of 25%) City of Coon Rapids Share (25% plus 1/2 of 25%) County Share (25%) ��-.�,� i szr�;akr ��w 16G $70,000.00 10,000.00 6 400.00 $86,400.00 $32,400.00 $32,400.00 $21,600.00 � .: _ .. • .• E��iIBIT � COST SHARING AGREEMENT FOR PROJECTS CONSTRUCTID IN ANOKA COUNTY USING COUNTY STATE AID FUNDS OR LOCAL TAX LEVY DOLLARS � ITEMS COUNTY SHARE CITY SHARE Bikeways Concrete Curb and Gutter Concrete Sidewalk Concrete Sidewalk Replacement Concrete Curb and Gutter for Median Consiruction Concrete Median Construction or Adjustment of Local Utitities Grading, �ase and Bituminous Storm Sewer Driveway Upgrades Traffic Signals (communities larger than 5,000) Traffic Signa[s (communities less than 5,000) Engineering Services Right-of-Way Street Lights *� *2 � � 0 5096 0 10096 100 96 10096 0 10096 based on state aid letter*2 0*6 1/2 the cost of its legs of the intersection 100 96 � 100 96 0 10046 509b 10096 0 0 0*' 10096 0 based on state aid tetter'� 10096 the cost of its legs of the intersection plus 1/2 the cost of the County legs of the intersection 0*' � 0*s 100 9b The County pays for 100 9b of a Standard Median Design such as plain concrete. If a community requests decorative median such as red brick, stamped concrete, or eaposed aggregate concrete the City will pay the additional cost above the cost of standard median. In the event no State Aid is being used, drainage cost shares will be computed by proportions of total area to County azea where the area of the road right-of-way is doubled prior to performance of the calculations. In communities less than 5,000 people the County pays for 100% of the cost of the traffic signal effective March 1986. The County collects on behalf of the cities (less than 5,000) "Municipal State Aid Dollars" since they do not themselves qualify for state aid funds. These funds are used to pay the City Share. $ngineering shall be paid by the Lead Agency ezcept that any participating ageacy will pay construction engineering in the amount of 8% of the construction costs paid by that agency. ''c5 In the event that the City requests purchase of right-of-way in ezcess of those right-of-ways required by County construction, the City participates to the extent an agreement can be reached in these properties. For instance, a City may request a sidewalk be constructed alongside a Couaty roadway which would require additional right-0f-way, in which case the City may pay for that portion of the right-of-way. Acquisition of right-of-way for new alignmencs shall be the responsibility of the City requesting the alignmeat. In addition, any costs including right-of-way costs incurred by the County because a Ciiy did not acquire sufficient right-of-way during the platting process or on new alignments shall be paid by the City. ''`6 The County will replace all driveways in-kind. Upgrades in surfacing (i.e. gravel to bituminous, bituminous to concrete) sha11 be at 100 % expense to the City. a��.air�.�.�ar�v3 16H Engineer�nc Sewe� LValei Parks Sirce!s M11ainienance MEMORANDUM TO: William W. Burns, City Manager PW93-353 FROM: Scott Erickson, Asst. Public Works Director `�, � a DATE: September 16, 1993 SUBJECT: Hold Harmless Agreement - 6024 2-1/2 Street A resident at 6024 2-1/2 Street has requested approval to extend his existing back fence line onto a City drainage and utility easement. Prior to installation of the fencing within the �ity easement, the property owner will execute the attached agreement with the City agreeing to remove or dismantle the fence, if required by the City. This agreement will then be recorded against the property. Recommend the attached agreement be approved and executed with the property owner at 6024 2-1/2 Street for the installation of a fence across a City drainage and utility easement. SE:ch Attach. 17 � FRI.°Y STATE OF MINNESOTA ) )ss County of Anoka ) AGREEMENT THIS AGREEMENT, dated this day of , 1993, by and between the City of Fridley, a municipal corporation {hereinafter referred to as "the City"), and Robert A. Warolin and Joyce L. Warolin, husband and wife (hereinafter referred to as "the Warolins." • WHEREAS, the Warolins are the owners of lots 8 and 9, Block 7, Hyde Park, Anoka County, Minnesota (hereinafter referred to as the "Subject Property"); and WHEREAS, the City has a utility and drainage easement over the vacated alley lying adjacent to and west of the Subject Property; and WHEREAS, the Warolins wish to place a fence on the subject property which encroaches upon said utility and drainage easement held by the City. THEREFORE, it is agreed by and between the parties as follows: 1. The City hereby agrees to permit the p�acement of the Warolins' fence on the subject property within the utilify and drainage easement. 2. That the Warolins acknowledge that the City may from time to time need to util'�ze the easement. The Warolins agree to hold the City harmless for any damages which may occur to the fence due to the City's exercise of its rights within the --•-- easement area. The Warolins further acknowledgethat'rf the City needs to dismantle the Warolins' fence to obtain access for the purpose of exercising its easement rights, the Warolins will be responsible for ihe cost involved in dismantiing the fence. Additionally, any reconstruction of the fence including any costs, shaii be the sole responsibility of the Warolins. 3. The Warolins further agree that in consideration ofthe City permitting the subject fence to remain upon the easement that the Warolins agree that they shall not place any additional structures within the subject easement area. Notwithstanding this language, the Warolins acknowledge that they shall have an obligation to mai�tain the fence in a reasonable fashion. 4. This agreement shall be binding upon both parties and upon their heirs, successors and assigns. 5. Any additionai costs incurred by the City i� utilizing its easement, which are caused by reason of the fence shall be reimbursed to the City upon thirty (30) days written notice to the Waroli�s at 6024 2'/z Street or at such other address as the Waroiins shall provide to the City in writing. IN WITNESS THEREOF, the parties to this Agreement have affixed their signature to this Agreement on the date first mentioned in this Agreement. CITY OF FRIDLEY Its Mayor STATE OF MINNESOTA ) )ss By: County of Anoka ) Its City Manager The foregoing instrument was acknowledge before me this day of , 1993, by William J. Nee, the Mayor, and by Wiliiam W. Burns, the City Manager of the City of Fridley, a Municipal Corporation under the laws of Minnesota, on behalf of the Municipai Corporation. Signature of Person Taking Acknowledgement , , , . �-_- � � , , ��'"�`GZ'/ C�i L �/,'..2� .�-._ Robert A. , aroli (Husban ) STATE OF MINNESOTA ) y )ss By: �-�.. � ,��., �.� � � County of Anoka ) /� Joyce L. Warolin (Wife) -r_�� (' On this � day of _��reMbec- �gg3, before me, a Notary Public, within and for said County, personally appeared Robert A. Warolin and Joyce L. Warolin (husband and wife) to me known to be the persons described in and who executed tfie foregoing instrument and acknowiedged tt�at they executed the same as their free act and deed. �' � 1 �/ /'i j`/ / Signatur of Person Taki g Ack�o ` dgement THIS INSTRUMENT WAS DRAFTED BY: r".. CLYDE V. MOqqyETZ �,i NOTARY PUBLIC - MINNESOTA City of Fridley ANOKA COUNTY 6431 University Ave., N.E. �.ytx�m��,.,ia„_2�,�� Fridley, MN 55�� p �.,�� . � O / �. '� • • . .,, �� i ti �: u: Y �f' �'J % fa � � .; , k /in o r N D, f 9, ; �• .> > �D � ._, � ., . _. _ .A i � '' 1 /?_ �� ' D � rn , �; - z - c :,, .� r*i F� �T_ N. E. ST.° N. 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' o- " �� J�r (((��n[[[•••�Y��- � ` 1 `� � {� v _ '0 a J'f / `^ � < O ' s l � �. �J`l� "✓� '� �� °r� ��. ♦' •J t.. . �b„ J � � � � � c '!' S r -- -�� TO: WILLIAM W. BIIRNB� CITY MANAGER d'r� FROM: SIIBJECT: DATE: RICHARD D. PRIBYL, FINANCE DIRl:CTOR CRAIG A. ELLESTAD, ACCOIINTANT 94 SCHOOL SEPT 23� 1993 LBVY RETIIRN AGREEMENTS Attached are the 1994 School District Referendum Levy Return Aqreements to be placed on the agenda for Monday September, 27th. These are one year agreements that are approved each year. The HRA Commission reviewed these at their September, 9th meeting and agreed to return the full amount of the tax increment for payable 1994. The estimated total return for 1994, before delinquents, is $315,045.96. This is a decrease of 8� from the 1993 estimated return, before delinquents, of $338,913.17. The table below breaks down the changes from 1993 to 1994 for�each school district: . School Estimated District 1993 11 $ 17,685.71 13 $ 26,564.71 14 $242,046.07 16 $ 52,616.68 TOTAL $338,913.17 Estimated 1994 $ 17,685.71 $ 2,697.50 $242,046.07 $ 52,616.68 $315,045.96 Percent Change 0� <90�> Oo Oo <8>� The reason for the change in School District #13 is the termination of TIF District #4 - Johnson/Skywood. If the agreements are approved, please obtain the necessary signatures and return to me for obtaining the School District's signatures. ATTACHMENTS File : \WP\HRA\SD-RET94 i This Agreement by and between the School District No. 244008 AGREEMENT is dated as of January 2, 1994, is City of Fridley, Minnesota, and Independent 11, and provides as follows: 1. Definitions. As used in this Agreement, the following terms have the followinq meanings, respectively: "Citv" means the City of Fridley, Minnesota. "HRA" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "Project" means Redevelopment Project No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.001 through 469.047. "1985 Revenue Bonds" means the HRA's $4,070,000 Tax Increment Revenue Bonds of 1985, dated May 1, 1985. "Limited Revenue Note" means the HRA's $5,603,755.80 Limited Revenue Capital Appreciation Tax Increiaent Note, dated December 20, 1985. "1985 G.O. Bonfls" 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. "1992 G.O. Bonds" means the City's $4,030,000 General Obligation Temporary Tax Increment Bonds, Series 1992C, dated Deceamber 1, 1992. i � 244008 "�ax Increment Obligations„ means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the 1990 G.O. Bonds, the 1992 G.O. Bonds, and any other contractual obligations of the HRA or the City which were entered into prior to the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Districts" means Tax Increment Financing District Nos. 1 through 12 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Independent _ School District No. 11, the Anoka School District. "Subdivision" means Minnesota Statutes Section 469.177, Subdivision 10 (a copy of which is attached hereto as Exhibit B). 2. Recitals. (a) In certain cases, the Subdivision either requires or allows by agreement certain tax increments attributable to school district referendum tax levies to be paid to school districts. (b) A portion of TIF District No. 3 is located within the boundaries of the School District. (c) None of the property within TIF DiStriCt Nos. l, 2, 4, 5, 6, 7, 8, 9, 10, 11 and 12 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 � . . and in accordance with the provision of the Subdivision. (e) Nothing in this Agreement is intended to violate the covenants and agreements heretofore made respectinq the application of tax increments from the TIF Districts pursuant to the Tax Increment Obligations. 3. 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 f inal scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. � (c) The Limited Revenue Note is not a general obligation of the City or the HRA and is payable solely from tax increments pledged for such purposes from TIF District No. 6. (d) The 1985 G.O. Bonds were payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds was February 1, 2000. However, on February 1, 1990, the City discharged the 1985 G.O. Bonds by paying all then outstanding principal thereof and interest thereon. (e) The 1986 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds is February 1, 2000. 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 1, 1994. 244008 3 18C z�oos (f) The 1990 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1, 2, 3, and 6, and the final scheduled principal maturity of those Bonds is August 1, 2009. (g) The 1992 G.O. Bonds are payable, to the extent permitted by applicable law, from tax increments derived from TIF District Nos. 1 through 12, and the finai schedu2ed maturity of those Bonds is December l, 1995. (h) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, and the 1986 G.O. Bonds, the 1990 G.O. Bonds, and the 1992 G.O. Bonds were outstanding on May 1, 1988, and/or are outstanding on the date of this Agreement. 4. Renresentations of the School District. (a) On October 5, 1982, the electorate of the School District approved a continuous 6.0 mill levy first effective for the 1982 payable 1983 property taxes. This levy is hereinafter referred to as the "1982 Levy". (b) On October 6, 1987, the electorate of the School District approved a 6.0 mill continuous levy first effective for the 1987 payable 1988 property taxes. This levy is hereinafter referred to as the "1987 Levy". (c) According to the Minnesota Department of Education, for purposes of the above-mentioned referendum levies the tax capacity rate equivalent of 6 mi11.s is .06999697. 5. Pavment of Tax Increments to School District. The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and to the extent received by the HRA, with respect to the tax increments relating to the 1993 payable 1994 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. : � 4 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 qive 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. In addition, the City and the School District agree 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 1993 payable 1994 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 payinents 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. 11 School Board Chair Superintendent z�oos 5 : EXHIBIT A Schedule of Tax Increment Financing Districts Within Housing and Redevelopment Project No. 1 of the Fridley HRP, TIF District 1 244008 2 3 4 5 b 7 8 9 10 11 12 0 Name Center City Moore Lake North Area Johnson Printing/ Skywood Mall Paschke Lake Pointe Winfield Shorewood Onan/Old Central Northco Phase III Osborne Crossings McGlynn Bakeries 18F 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 1/31/92 5/5/92 Independent School District No. 14 13/14 11/16 13/14 16 13 16 14 16 16 16 14/16 � C�. � r : Subd. 10. Pa}�ment to school for referendum le��. (a) The pro��isions of this subdi�•i- sion appl�• to tax increment Fnancing districts and projects for «�hich certihcation w�as requested beforz �iay 1, 1933. that are located in a school district in �Lhich the ��oters have appro��ed new• local tax rates or an incrzase in local tax rates after the tax incre- ment financing district w�as certified. (b)(1) [f there are no outstanding bonds on `1a}� 1. 1933, to �vhich increment from the district is pledeed, or if the referendum is appro��ed after �fay 1, 1983, and there are no bonds outstanding at the time the referendum is appro��ed, that were issued before'�4ay 1, 1988, the authority must annually pay to the school district an amount of increment equal to the increment that is attributable to the increase in the local tax rate under the referendum. (2) lf clause (]) does not applv, upon appro��al by a majority �•ote of the go�•erning body of the municipality and the school board, the authorit�� must pay to the school district an amount of increment equal to the iricrement that is attributable to the increase in the local tax rate under the referendum. (c} The amounts of these increments may be expended a�d must be treated by the schooi district in the same manner as pro�•ided for the re��enues deri��ed from the refer- endum le�y appro��ed by the ��oters. The pro�•isions of this subdivision apply to projects for w�hich certification �•as requested before, on, and after August 1, 1979. 18G AGREEMENT This Aqreement is dated as of January 2, 1994, is by and between the City of Fridley, Minnesota, and Independent School District No. 13, and provides as follows: 244011 1. Defi�nitions. As used in this Aqreement, the following terms have the following meanings, respectively: "CitY" means the City of Fridley, Minnesota. "HRA" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "Project" means Redevelopment Project• No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.001 through 469.047. "�985 Revenue Bonds" means the HRA'�s $4,070,000 Tax Increment Revenue Bonds of 1985, dated May 1, 1985. "Limited Revenue Noten 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. "1992 G.O. Bonds" means the City's $4,030,000 General Obligation Temporary Tax 18H 244011 Increment Bonds, Series 1992C, dated December 1, 1992. "Tax Increment Obliaations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the 1990 G.O. Bonds, the 1992 G.O. Bonds, and any other contractual obligations of the HRA or the City which were entered into prior to the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota 5tatutes, Sections 469.174 through 469.179. "TIF Districts'� means Tax Increment Financing District Nos. 1 through 12 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 Section 469.177, Subdivision 10 (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 Distri�t 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. 181 � 244011 (c) None of the property within TIF District Nos. 1, 3, 5, 7, 8, 9, 10, 11 and 12 is located within the boundaries of the School District. (d) It is the purpose of this Aqreement to provide for payment of certain tax increments to the School District pursuant to and in accordance with the provision of the Subdivision. (e) 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 City. (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 1, 1999. (c) The Limited Revenue Note is not a general obligation of the City or the HRA and is payable solely from tax increments pledged for such purposes from TIF District No. 6. (d) The 1985 G.O. Bonds were payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds was February 1, 2000. However, on February 1, 1990, the City discharged the 1985 G.O. Bonds by paying all then outstanding principal thereof and interest thereon. 3 18J 244011 (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 1, 1994. (f) The 1990 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1, 2, 3, and 6, and the final scheduled principal maturity of those Bonds is Auqust 1, 2009. (�g) The 1992�G.0. Bonds.are payable, to the ext�nt permitted.by �pplicable law, from tax increments derived from TIF District Nos. . 1 through 12, and the final scheduled maturity of those Bonds is December 1, 1995. (h) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, and the 1986 G.O. Bonds, the 1990 G.O. Bonds, and the 1992 G.O. Bonds were outstanding on May 1, 1988, and/or are outstanding on the date of this Agreement. � 4. Renresentations of the School District. (a) On October 5, 1981, the electorate of the School District approved a 5.0 mill continuous levy first effective for the 1981 payable 1982 property taxes. This levy is hereinafter referred to as the "1981 Levy". (b) On September 23, 198b, the electorate of the School District approved a 7.0 mill continuous levy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred to as the "1986 Levy". (c) According to the Minnesota Department of Education, for purposes of the above-mentioned referendum levies the tax capacity rate equivalents of 5 mills and 7 : 4 2440t1 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 as and to the extent received by the HRA, with respect to the tax increments relating to the 1993 payable 1994 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) of the Subdivision, the tax increment from TIF District No. 6 which is attributable to the 1986 Levy and the 1990 Levy shall be paid to the School District. (b) TIF District No. 4. Since the 2981 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. 5 18L 6. Further Agreements. 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. 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 1993 payable 1994 real estate property taxes, and at the cor�clusion 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 WITNESS WHEREOF, the City and the School District have caused this Agreement to be executed by their duly authorized representatives. CITY OF FRIDLEY, MINNESOTA Mayor City Manager INDEPENDENT SCHOOL DISTRICT NO. 13 School Board Cha Superintendent z�ot t 6 18M EXHIBIT A Scheduie of Tax Inc'rement 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 il 12 244ot1 Name Center City Moore Lake North Area Johnson Printing/ Skywood Mall . Paschke Lake Pointe Winf ield Shorewood Onan/Old Central Northco Phase III Osborne Crossings McGlynn Bakeries 8 � 18N 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 1/31/92 5/5/92 Independent School l�istrict xo. 14 13/14 11/16 23/14 16 13 16 14� 16 16 16 14/16 Exhibit B Subd. 10. Pa}•ment to school for referendum le��. (a� The pro��isions of this subdivi- sion appiy to tax increment financing districts and projects for which certification was requested before htay 1, 1938, that are lucated in a school district in w•hich the ��oters ha��e appro�•ed new local tax rates or an increase in local tax rates after the tax incre- ment financing district w•as certified. (b)(1) [f there are no outstanding bonds on :�fay� i, 1988, to w hich increment from the district is pledged, or if the referendum is appro��ed after l�4ay 1, 1988, and there are no bonds outstanding at the time the referendum is appro�•ed, that were issued before May I, 1988, the authority must annually pay to the school district an amount of increment equal to the increment that is attributable to the increase in the local tax rate under the referendum. (2) If clause (1) does not apply, upon approval by a majority ��ote of the go��erning body of the municipality and the school board, the authority must pay to the school district an amount of increment equal to the iricrement that is attributable to the increase in the local tax rate under the referendum. (c) The amounts of these increments may be expended and must be treated by the school district in the same manner as pro��ided for the re�•enues derived from the refer- endum le�y appro��ed by the ��oters. The pro��isions of this subdivision apply to projects for which certification �•as requested before, on, and after August'1, 1979. : � AGREEMENT This Agreement is dated as of January 2, 1994, is by and between the City of Fridley, Minnesota, and Independent School District No. 14, and provides as follows: 243999 1. Definitions. As used in this Agreement, the following terms have the following meaninqs, 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 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. "1992 G.O. Bonds" means the City's $4,030,000 General Obligation 'Temporary Tax . � 243999 Increment Bonds, Series 1992C, dated December 1, 1992. "Tax Increment Obliaations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1985 G.O. Bonds, the 1990 G.O. Bonds, the 1992 G.O. Bonds, and any other contractual obligations of the HRA or the City which were entered into prior to the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Districts" ,means Tax Increment Financing District Nos. 1 through 12 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Independent School District No. 14, the Fridley School District. "Subdivision10 means Minnesota .Statutes Section 469.177, Subdivision 10 (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 Nos. 1 and 8 are located entirely within the boundaries of the� School District, and a portion of TIF District Nos. 2, 4, and 12 are located within the boundaries of the School District. � i � 243999 (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 of this Agreement to provide for payment of certain tax increments to the School District pursuant to 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 City. (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 furids pledged to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. (c) The Limited Revenue Note is not a general obligation of the City or the HRA and is payable solely from tax increments pledged for such purposes from TIF District No. 6. (d) The 1985 G.O. Bonds were payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds was February 1, 2000. However, on February 1, 1990, the City discharged the 1985 G.O. Bonds by paying all then outstanding principal thereof and interest thereon. 3 .. 243999 (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 1, 1994. (f) The 1990 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1, 2, 3, and 6, and the final scheduled principal maturity of those Bonds is August 1, 2009. (g) The 1992 G.O. Bonds are payable, to the extent permitted by applicable law, from tax increments derived from TIF District Nos. 1 through 12, and the final scheduled maturity of those Bonds is December 1, 1995. (h) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, and the 1986 G.O. Bonds, the 1990 G.O. Bonds, and the 1992 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 September 23, 1986, the electorate of the School District approved a 2.0 mill continuous levy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred to as the "1986 Levy". (b) On September 29, 1987, the electorate of the School District approved (i) a 7.0 mill continuous levy first effective for the 1987 payable 1988 property taxes and (ii) a continuous additional 6.5 mill levy first effective for the 1988 payable 1989 property taxes. These levies are hereinafter collectively referred to as the "1987 Levies". 4 18S 243999 (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. (d) On November 3, 1992, the electorate of the School District approved a levy increase of $203.51 per actual pupil unit, effective for the five years ending with the taxes payable in 1997, unless earlier reduced or revoked; however, since the proceeds of this levy are paid directly to the School District by the applicable County taxing authorities, it is not necessary or appropriate to include said levy or its proceeds under this Agreement. 5. Payment of Tax Increments to School District. The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreemenf, tax increments shall be paid to the School District by the HRA as and to the extent received by the HRA, with respect to the tax increments relating to the 1993 payable 1994 property taxes, as follows: (a) TIF District No. 12. Since TIF District No. 12 was requested for certification after May 1, 1988, the Subdivision does not apply to that District, and no tax increments from that District attributable to the 1986 Levy or the 1987 Levies are payable to the School District. (b) TIF District No. 8. Since the 1987 Levies were approved after the date of certification of TIF District No. 8, and since on May 1, i988, there were no bonds outstanding to which increment from TIF District No. 8 was pledged, the tax increments from TIF District No. 8 which are attributable to the 1987 Levies are automatically payable and shall be paid to the School District pursuant to clause b(i) 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 5 y 8T 243999 increments attributable to said Levy from this District are payable to the School District. (c) 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. (d) 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 1986 Levy and the 1987 Levies shall be paid to the School District. (e) TIF District No. 1. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 1 which is attributable to the 1986 Levy and the 1987 Levies shall be paid to the School District. 6. Further Agreements. Nothing in this Agreement is intended or shall be applied in such a manner as to violate the obliqations and covenants made by the City or the HRA in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application of the terms of this 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 Obliqations, 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 abligations. 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. In addition, the City and the School District agree that, except in each case described in paragraph 5 of this Agreement where payment of tax increment to the School District is mandatory pursuant to clause b(1) of the Subdivision, all other provisions of said 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 1993 payable 1994 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 acceptab�e to both the City and School District with resp�ct to discretionary payments of such applicable tax increment to the School District. 6 : � IN WITNESS WHEREOF, the City and the School District have caused this Agreement to be executed by their duly authorized representatives. CITY OF FRIDLEY, MINNESOTA Mayor City Manager INDEPENDENT SCHOOL DISTRICT NO. 14 School Board Chair Superintendent 243999 % I�V 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 12 243999 Name Center City Moore Lake North Area Jahnson PrintingJ Skywood Mall Paschke Lake Pointe Winfield Shorewood Onan/Old Central Northco Phase III Osborne Crossings McGlynn Bakeries 8 � � Certification Date 5/11/79 7/31/81 5/19/82 1j20/84 3/15/84 12/24/85 10/22/86 10/24/86 9/7/89 4/10/90 1/31/92 5/5/92 Independent School District No. 14 13j14 11/16 13j14 16 13 16 14 16 16 16 14 / 16 Exhibit B Subd. 10. Pa��ment to school for referendum le��. (a) The pro��isions of this subdi�'i- sion appl�� to tax increment financing districts and projects for «•hich certification w•as requested before �tay l, 1933, that arz located in a school district in which the ��oters ha��e appro�-ed new• local tax rates or an increase in local tax rates after the tar incre- ment financing district w•as certified. (b)( I) If there are no outstanding bonds on �ia}� 1. 1933, to �thich increment from the district is pledged, or if the referendum is appro�•ed af:er �tay l, 1983, and there are no bonds outstanding at the time the referendum is appro��ed, that �•ere issued before ?�4ay l, 1988, the authority must annually pay to the school district an amount of increment equal to the increment that is attributable to the increase in the local tax rate under the referendum. (2) If clause (1) does not apply, upon appro��ai by a majority �•ote of the go��erning body of the municipality and the school board, the authority must pay to the schooi district an amount of increment equal to the iricrement that is attributable to the increase in the local tax rate under the referendum. (c) The amounts of these increments may be expended and must be treated by the school district in the same manner as pro��ided for the re��enues deri�•ed from the refer- endum le�y appro��ed b�� the �-oters. The pro�•;sions ofthis subdivision apply to projects for which cenification �•as requested before, on, and after August I, 1979. 18X AGREEMENT This Agreement is dated as of January 2, 1994, is by and between the City of Fridley, Minnesota, and Independent School District No. 16, and provides as follows: 244005 1. Definitions. As used in this Agreement, 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. "Proiect" means Redevelopment Project No. 1 established anc� 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. "1992 G.O. Bonds" means the City's $4,030,000 General Obligation Temporary Tax i ' Increment Bonds, Series 1992C, dated December l, 1992. "Tax Increment Obligations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the 1990 G.O. Bonds, the 1992 G.O. Bonds, and any other contractual obligations of the �iRA or the City which were entered into prior to the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Districts" means Tax Increment Financing District Nos. 1 through 12 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Indegendent School District No. 16, the Spring Lake Park School District. "Subdivision" means Minnesota Statutes � Section 469.177, Subdivision 10 (a copy of which is attached hereto as Exhibit Bj. 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 Nos. 5, 7, 9, 10, and il are located entirely within the boundaries of the School District, and a portion of TIF District Nos. 3 and 12 is located within the boundaries of the School District. 244005 2 18Z 244005 (c) None of the property within TIF District Nos. 1, 2, 4, 6, and 8 is located within the boundaries of the School District. (d) It is the purpose of this Agreement to provide for payment of certain tax increments to the School District pursuant to 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 Obliqations. 3. Re�resentations 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 1, 1999. (c) The Limited Revenue Note is not a general obligation of the City or the HRA and is payable solely from tax increments pledged for such purposes from TIF District No. 6. (d) The 1985 G.O. Bonds were payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds was February 1, 2000. However, on February 1, 1990, the City discharged the 1985 G.O. Bonds by paying all then outstanding principal thereof and interest thereon. (e) The 1986 G.O. Bonds are payable from tax increments derived from TIF District Nos. 3 � � � 244005 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 1, 1994. (f) The 1990 G.O. Bonds are payable from tax increments derived from TIF District Nos. l, 2, 3, and 6, and the final scheduled principal maturity of those Bonds is Auqust l, 2009. (g) The 1992 G.O. Bonds are payable, to the extent permitted by applicable law, from tax increments derived from TIF District Nos. 1 through 12, and the final scheduled maturity of those Bonds is December l, 1995. (h) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, and the 1986 G.O. Bonds, the 1990 G.O. Bonds, and the 1992 G.O. Bonds were outstanding on May 1, 1988, and/or are outstanding on the date of this Agreement. 4. Representations of the School District. (a) On October 8, 1981, the eZectorate 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 Februarp 27, 1986, the electorate of the School District approved a 6.0 mill continuous levy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred to as the "1986 Levy". (c) According to the Minnesota Department of Education, for purposes of the above-mentioned referenduia levies the tax capacity rate equivalents of 5 mills and 6 mills are .05226653 and .06271984, respectively. 4 • - . z�oos 5. Payment of Tax Increments to School District. The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and to the extent received by the HRA, with respect to the tax increments relating to the 1993 payable 1994 property taxes, as follows: (a) TIF District Nos. 9, 10, il, and 12. Since TIF District Nos. 9, 10, il, and 12 were requested for certification after May 1, 1988, the Subdivision does not apply to those Districts, and no tax increments attributable to the 1981 Levy or the 1986 Levy from those Districts are payable to the School District. (b) TIF District No. 7. Since the 1981 Levy and the 1986 Levy were approved prior to the date of certification of TIF District No. 7, the Subdivision does not apply to those Levies with respect to this District, and no tax increments attributable to said Levies from this District are payable to the School District. (c) TIF District No. 5. Since the 1981 Levy was approved prior to the date of cert- ification of TIF District No. 5, the Subdi- vision does not apply to the 1981 Levy, and no tax increments attributable to said Levy from this District are payable to the School District. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 5 which is attributable to the 1986 Levy shall be paid to the School District. (d) 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. 5 18CC 6. Further Agreements. 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. In addition, the City and the School District agree 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 1993 payable 1994 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 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 244005 6 : � � 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 12 244005 Name Center City Moore Lake North Area Johnson Printing/ Skywood Mall Paschke Lake Pointe Winfield Shorewood Onan/Old Central Northco Phase III Osborne Crossings McGlynn Bakeries 18EE Certif ication Date 5/11/79 7/31/81 5/19/82 1/20/84 3/15/84 12/24/85 10/22/86 10/24/86 9/7/89 4/10/90 1/31/92 5/5/92 Independent School District No. 14 13 / 14 11J16 13/14 16 13 16 14 16 16 16 14/16 � Exhibit B Subd. 10. Pa}•ment to schoot for referendum le�}�. (a) The proti'isions of this subdi�'i- sion appl}� to tac increment financing districts and projects for ��hich certification was requested before `tay i, 1933, that are located in a school district in ahich the �'oters ha�•e appro��ed neu• loca! ta.� rates or an increase in local ta.Y rates after the tax incre- ment financing district �•as ceni6ed. (b)(1) If there are no outstanding bonds on �fa}� l, 19S3, to ��hich increment from the district is pledeed, or if the referendum is appro��ed after �tay 1, 19SS, and there are no bonds outst2nding at the time the referendum is appro�•ed, that �;�ere issued before May 1, 1988, the authority must annually pay to the schooi district an amount of increment equ21 to the increment that is attributable to the increase in the tocal tax rate under the referendum. (2) If clause (1) does not apply, upon appro�•al by a majority ��ote of the go��erning body of the municipality and the school board, the authority must pay to the schooi district an amount of inerement equal to the ircrement that is attributable to the increase in the local tax rate under the referendum. (c) The amounts of these increments may be expended and must be treated by the schoo! district in the same manner as pro��ided for the re�•enues derived from the refer- endum le�y appro��ed by the ��oters. The pro�•isions of this subdivision apply to projects for w�hich certification w•as requested before, on, and after August 1, 1979. 18FF TO: WILLIAM W. BURNS, CITY MANAGER � �� FROM: RICHARD D. PRIBYL�, FINANCE DIREGTOR HOWARD KOOLICK, ASSISTANT FINANCE DIRECTOR MARY SMITH, ASSES5MENT CLERK SUBJECT: RESOLUTION DIRECTING PREPARATION OF THE 1993 ASSESSMENT FOR TREATMENT AND REMOVAL OF TREES 1993 DATE: SEPTEMBER 21, 1993 Attached you will find the resolution directing preparation of the 1993 assessment for treatment and removal of trees. This assessment roll consists of the removal of diseased trees within the City of Fridley. The charges are made under the authority provided in State Statutes Section 18.023 and Chapter 104 of the City Code. There is an administrative charge of $25.00 added to each parcel of land assessed in addition to the contraqtor's charge for cutting down a diseased tree. The total cost will be assessed for a period of five (5) years. � There is one properiy that will be assessed under this project. The property owner has signed an assessment agreement. RDP/ms Attachment 19 � 0 RESOLIITION NO. - 1993 RESOLIITION DIRECTING PREPARATION OF THE A83ESSMENT ROLL FOR TREATMENT AND REMOVAL OF TREES 1993 BE IT RESOLVED by the Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. It is hereby determined that the assessable cost with respect to the following named improvement, to-wit: TREATMENT AND REMOVAL OF TREES 1993 including all incidental expenses thereto, is estimated at $606.49. 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of land benefited by said improvement according to law, PABSED AND ADOpTED BY THE CITY COIINCIL OF TH�: CITY OF FRIDLEY THIB ATTEST: DAY OF , 1993. WILLIAM J. NEE - MAYOR WILLIAM C. CHAMPA - CITY CLERR 19A i �. TO: WILLIAM W. BURNS, CITY MANAGER � FROM: � RICHARD D. PRIBYL, FINANCE DIREGTOR HOWARD KOOLICK, ASSISTANT FINANCE DIRECTOR MARY SMITH, ASSESSMENT CLERK SUBJECT: RE50LUTION DIRECTING PUBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THE TREATMENT AND REMOVAL OF TREES 1993 DATE: SEPTEMBER 21, 1993 Attached you will find the resolution directing publication of hearing on the proposed assessment roll for the Treatment and Removal of Trees 1993. This �assessment roll consists of the removal of diseased trees within the City of Fridley. The charges are made under the authority provided in State Statutes Section 18.023 and Chapter 104 of the City Code. The Public Hearing Notice will be published in the Focus on September 28 and October 1993 as required by State Statute. RDP/ms Attachment 2� RESOLIITION NO. - 1993 RESOLIITION DIRECTING PIIBLICATION OF HEARING ON THE PROPOSED ASSESSMENT ROLL FOR THB TREATMENT AND REMOVAL OF TREES 1993 WHEREAS, by resolution passed by the Council on , 1993, the City Clerk was directed to prepare a proposed assessment of the cost of treatment and removal of trees; and WHEREAS, the Clerk has notified the Council that such proposed assessment roll has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley, Anoka County, Minnesota, as follows: l. The City Council shall meet at the Municipal Center in the City of Fridley, Anoka County, Minnesota, on the 18th day of October, 1993, at 7:30 o'clock P.M. to pass upon the proposed assessment for the following named improvement: TREATMENT AND REMOVAL OF TREES 1993 2. The City Clerk shall publish notices of the time and place of meeting in the official newspaper of the City at least two (2) weeks prior to such meeting. PASSED AND ADOPTED BY THE CITY COiTNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. NILLIAM J. NEE - MAYOR ATTEST: AILLIAM C. CHAMPA - CITY CLERR 20A CITY OF FRIDLEY ANORA COIINTY, MINNESOTA NOTICE OF H�ARINQ ON A88ESSMENT FOR TREATMENT AND REMOVAL �F TREES 1993 Notice is hearby given that the CounciZ of the City of Fridley will meet at the Fridley Municipal Center in said City on the 18th day of October, 1993, at 7:30 o'clock P.M. to hear and pass upon all objections, if any, to the proposed assessments in respect to the following improvement, to-wit: TREATMENT AND REMOVAL OF TREES 1993 The proposed assessment roll for each of said improvements in the total amount of 606.49 is now on file and open to public inspection by all persons interested, in the office of the Clerk of said City. The general nature of the improvements and each of them is the treatment or removal of trees located in the City of Fridley as follows; Pin No. 14-30-24-33-0087 Lot 21, Block 2 Sylvan Hills Plat 3 The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionately to each of the land therein contained according to the benefits received. At said hearing the council will consider written or oral objections to the proposed assessments for each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or •presented to the residing officer at the public hearing. � A property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within thirty (30) days after adoption of the�assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. The City of Fridley adopted Resolution No. 47 - 1981 on April 6, 1981, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: the property must be homestead property, and the owner must be at least sixty-five (65) years of I± 1 : PAGE 2- NOTICE OF HEARING ON ABSESSMENT FOR TREATMENT AND REMOVAL OF TREES 1993 age or older, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds two (2) per cent of the adjusted gross income of the owners as determined by the most recent Federal Income Tax Return. The deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owrier, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THIS DAY OF , 1993 BY ORDER OF THE CITY COIINCIL OF THE CITY OF FRIDLEY. ATTEST: AILLIAM C. CHAMPA - CITY CLERR AILLIAM J. NE8 - MAYOR Publish: Fridley Focus on September 28 and October 5, 1993 ZOC TO: WILLIAM W. BURNS, CIT'Y MANAGER �f � �'� FROM: RICHARD D. PRIBYL, FINANCE DIREGTOR HOWARD KOOLICK, ASSISTANT FINANCE DIRECTOR MARY SMITH, ASSESSMENT CLERK SUBJEC'r: RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. STREET 1992 - 1 & 2 DATE: SEPTEMBER 21, 1993 Attached you will find the resolution directing preparation of the assessment roll for Street Improvement Project No. Street 1992 - 1& 2. This project included improvements on Rice Creek Terrace, b7th Avenue, Hathaway Lane, Hillwmd Road, Rice Creek Road, Gardena Street, Main Street, West University Avenue Service Drive, Moore Lake Parking Lot, Riverview Heights Parking Lot, Overlays and Driveways. The preliminary hearing for this project was May 4, 1992. This project.will be assessed for ten years at an interest rate of 6.50%. RDP/ms Attachment 2� � i � RESOLIITION NO. - 1993 RESOLIITION DIRECTING PREPARATION OF ASBESSMENT ROLI, FOR STREET IMPROVEMENT pROJECT NO. STREET 1992 - 1& 2 BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. It is hereby determined that the assessable cost of construction with respect to the following named improvement, to-wit: BTREET IMPROVEMENT PROJECT NO. STREET 1992 - 1& 2 including all incidental expenses thereto is estimated at �1.256,255.08. 2. The City Clerk shall forthwith calculate the proper amounts to be specially assessed for said improvement against every assessable lot, piece, or parcel of laitd benefited by said improvement according to law. . PABSED AND ADOpTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS DAY OF � 1993. ATTEST: - AILLIAM C. CHAMPA - CITY CLERR WILLIAM J. NEE - MAYOR 21A TO: WILLIAM W. BURNS, CITY MANAGER �f4 � � FROM: RICHARD D. PRIBYI., FINANCE DIREGTOR HOWARD KOOLICK, ASSISTANT FINANCE DIRECTOR MARY SMITH, ASSE5SMENT CLERK _ . 5UBJE�: RESOLUTION DIREGTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJEGT NO. STREET 1992 - 1& 2 DATE: SEPTEMBER 21, 1993 Attached you will find the resolution directing publication of hearing on proposed assessment roll for Street Improvement Project No. Street 1992 - 1& 2. Th�s project included improvements on Rice Creek Terrace, 67th Avenue, Hathaway Lane, Hillwind Road, Rice Creek Road, Gardena Street, Main Street, West University Avenue Service Drive, Moore Lake Parking Lot, Riverview Heights Parking Lot, Overlays and Driveways. The Public Hearing Notice will be published in the Focus on September 28 and October 5, 1993 as required by State Statute. � RDP/ms Attachment 22 . RESOLUTION NO. - 1993 RESOLIITION DIRECTING PIIBLICATION OF HEARING ON PROPO$ED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. STREET 1992 - 1 & 2 WHEREAS, by a resolution passed by the Council on , 1993, the City Clerk was directed to prepare a proposed assessment of the cost of grading, concrete curb and gutter, class 5 base material, asphalt pavement, storm drainage piping, signing, striping and landscaping, and related appurtenances; and WHEREAS, the Clerk has notified the Council that such proposed assessment roll has been completed and filed in his office for public inspection. NOW, TIiEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: l. The City Council shall meet at the Fridley Municipal Center in the City of Fridley, Anoka County, Minnesota, on the 18th day of October, 1993, at 7:30 o'clock P.M. to pass upon the proposed assessment for: � STREET IMPROVEMENT PROJECT NO. STREET 1992 - 1& 2 2. The City Clerk shall publish notices of the time and place of meeting in the official newspaper of the City at least two (2) weeks prior to such meeting. PASSED AND ADOpTED BY THE CITY COIINCIL OF THE CITY OF FRIDLEY THIS DAY OF ,1993 ATTEST: AILLIAM C CHAMPA - CITY CLERR WILLIAM J. NEE - MAYOR 22A CITY OF FRIDLEY ANORA COIINTY, MINNESOTA NOTICE OF HEARIN(; ON A881388MENT FOR STREET IMPROVEMENT PROJECT NO. BTREET 1992 - 1& 2 Notice is hereby given that the Council of the City of Fridley will meet at the Fridley Municipal Center in said City on the 18th day of October, 1993, at 7:30 o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments in respect to the following improvements, to-wit: STREET IMPROVEMENT PROJECT NO. BTREET 1992 -.1 & 2 The proposed assessment roll for each of said improvements in the total amount of �1.256,255.08 is now on file and open to public inspection, by all persons interested, in the office of the Clerk of said City. The general nature of the improvements and each of them is the construction of street improvements including grading, concrete curb and gutter, class 5 base material, asphalt pavement, storm drainage piping, signing, striping and landscaping and related appurtenances located as follows: Gardena Street - Central Avenue to 8tinson Boulevard Main Btreet - Osborne Road to 83rd Avenue 67tb Avenue - Jefferson 8treet to Monroe Street Rice Creek Terrace - 68th Avenue to Brookview Drive Hathaway Lane - Hackman Avenue to Reqis Drive Hillwind Road - 300� South of Lynde Drive to Matterhorn Drive Rice Creek Road - Central Avenue to Stinson Boulevard Moore Lake Parkinq Lot - Riverview Heiqhts Parkinq Lot . West IIniversity Avenue service Drive - 83rd to 85th Avenue City Overlays and Residential Driveways The area proposed to be assessed for said improvements and each of them is all that land benefited by said improvements or each of them and lying within the general area above. Said improvements will be assessed against the properties within the above noted areas in whole or in part proportionateiy to each of the lands therein contained according to the benefits received. At said hearing the Council will consider written or oral objections to the proposed assessments for� each of said improvements. No appeal may be taken as to the amount of any individual assessment unless a written objection signed by the affected property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the public hearing. A property owner may appeal an assessment to the district court by serving notice of the appeal upon the Mayor or City Clerk within 22B Paqe 2- Notice of Hearinq on Assessment for street Improvement Project No. Street 1992;- 1& 2 thirty (30) days after adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor or City Clerk. The City of Fridley adopted Resolution No. 47 - 1981 on April 6, 1981, relating to the deferral of special assessments for certain senior citizens where the payment of said special assessments constitutes a hardship. The following factors will govern the granting of the deferments: the property must be homestead property, and the owner must be at least sixty-five (65) years of age or older, and in the case of husband and wife, one member must meet this age requirement. The application for said deferral must be made within the first thirty (30) days after the adoption of the final assessment roll by the City Council. The owner will make application for deferred payments on forms prescribed by the Anoka County Auditor, and will make application to the City of Fridley on forms provided by the City. The City Council will consider each application on an individual basis; however, the general policy is to grant senior� citizen hardship special assessment deferrals when the annual payment for the special assessment exceeds two (2) per cent of the adjusted gross income of the owners as determined by the most recent Federal Income Tax Return. The deferral will be terminated and all amounts accumulated plus applicable interest shall become due when any of the following happen: the death of the owner, provided that the surviving spouse is not otherwise eligible for the deferral; the sale, transfer, or subdivision of the property or any part thereof; loss of homestead status for any reason; the City Council determines that further deferral is not in the public interest. DATED THIS DAY OF , 1993 BY ORDER OF THE CITY COIINCIL OF THE CITY OF FRIDLEY. AILLIAM J. NEE - MAYOR ATTEST: WILLIAM C. CHAMPA - CITY CLERR Publish: Fridley Focus on September 28 & October 5, 1993 22C _ _ CITYOE FRtDLEY mtMV�ANDUM Municipal Center � 6431 University Avenue N.E. Office of the City Manager Fridley, MN 55a32 William W. Burns (612) 571-3450 TO: The Honorable Mayor and City Coun�l p,�' FROM: William W. Burns, City Manager ;�� DATE: September 24, 1993 SUBJECT: Human Services Organizations At the City Council's request, Councilmember Steven Billings and I prepared the attached resolution for Council's consideration at the City Council meeting on Monday, September 27, 1993. The resolution provides for an immediate $10,000 contribution to the Alexandra House, Inc. Additionally, the resolution provides funding for health and human services capital projects in 1994. It should be noted that the source of funding in 1994 has not been specified. Staff recommends approval of the attached resolution. VW1/B: rsc Attachment 23 RESOLUTION NO. - 1993 RESOLUTION IN 3IIPPORT OF FUNDING FOR CAPITAL PROJECTS OF HUMAN SERVICE3 ORGANIZATIONS WHEREAS, the residents of the City of Fridley are experiencing many of the problems associated with being residents of first-ring suburbs; and WHEREAS, health and human service problems in the City of Fridley have grown substantially in recent years; and WHEREAS, the City Council of the City of Fridley recognize the contributions of non-profit, human service organizations toward resolving health and human service problems in Fridley; and WHEREAS, the capital projects of health and human service organizations help to improve the capabilities and presence of these organizations in Fridley; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley: l. That �he City should establish a program to assist non- profit, human service organizations with their capital projects; 2. That capital projects shall be defined as those projects that create or improve facilities that house human service programs; 3. That the City Council shall annually consider a budget line item for this purpose; 4. That the City Council shall set aside Ten Thousand and 00/100 Dollars ($10,000) from its 1993 General Fund budget for the construction'of a new, twenty-four hour emergency shelter by Alexandra House, Inc.; 5. That the City Council shall establish a Twenty-Five Thousand and 00/100 Dollar ($25,000) budget line item for human service capital projects in 1994; and, 6. That the City Council shall establish a process for reviewing applications and selecting projects for funding. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 23A WILLIAM J. NEE - MAYOR ///ic,;:, 4�' � ,>��\\\ �/� �� ;,�,r; \ ��;�. �� POLICE DEPARTMENT City of F�idiey Minnesota DATE SEPTEMBER 22, 1993 FROM DIRECTOR SALLMAN SUBJECT MEMORANDUM � � � TO CITY MANAGER BILL HUNT RESOLUTION AIITHORIZING APPOINTMENT AS DIRECTOR AND ALTERNATE DIRECTOR FOR MPRS ACTI Attached is a resolution designating the position of Public Safety Director and Assistant to the City Manager as Director and Alternate Director ivel , by position, o ffie Board of Direc ors for the Minnesota Police Recrui men tem (MPRS). The City Council authorized participation in the MPRS by resolution #13 in 1983 and designated the Public Safety Director and Deputy Public Safety Director as Director and Alternate Director respectively. Due to the personnel function of the position of the Assistant to the City Manager the change to include that position is recommended. DHS/sa 24 �� RESOLUTION NO. 1993 RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE FOR THE MINNESOTA POLICE RECRUITMENT SYSTEM WHEREAS, the City of Fridley is authorized by Minnesota Statues 471.59 to enter into joint and cooperative agreements with other government units; and WHEREAS, the City currently is a mem��r of the Minnesota Police Recruitment System (MPRS), a joint powers organization formed to recruit candidates for entry-level police positions in the cooperating governmental units and to assist the cooperating governmental units in evaluating candidates for these positions; and WHEREAS, the City of Fridley is entitled to a Director and Alternate on the MPRS board of directors. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the Public Safety Director be appointed Director and the Assistant to the City Manager be appointed Alternate Director of the Minnesota Police Recruitment System (MPRS). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 24A 25 26 � FOR CONCURRENCE BY THE CITY COUNCIL FTt1Dt.EY September 27, 1993 Type of License: B�r�. BILLIARDS � . . Sports Spree Fun Park � Am. Amusement Arcades 1001 E. bioore Lk.Dr. Fridley,.MN 55432 , CIGARET�E � Brook's Foods �4 Brooks Foods Inc. 7883 E.River Rd. � Fridley, MN 55432 FOOD ESTABLISHMENT ,. � Brook's Foods #4 " " " 7883 E. River Rd. � Fridley, MN 55432 Sports Spree Fun Park Sports Spree l.in. Partn.I 1001 E. River Rd. Fri dl ey, P1N 55432 PEDDLERS � Youih.ioday Leader Tom. Chaka Asim A1i 3109 Douc�las Dr.No. Crystal, MN 55422 MOTOR VEHICLE 80DY REPAIR Fridley Auto Body, Inc. Harry W. Herrman 960 Osborne Rd. N.E. Frid)ey, MN 55432 FOOD ESTABLISHMENT Steak Express James Koch 8154 E. River Rd. Fridley, P��N 55432 � 0 ---------------------- -- , L / Approved By: LzcErrsEs David Sallman Pubi ic Sa�fety Direc�or � �� David Saliman Public Safety Director David Sallman Publ�ic Safety Director Fees� ' $70.00 $12.00 $35.00 $35.00 Exempt $200.00 $35.00 � � � � FOR CONCURRENCE BY THE CITY COUNCIL LICENSEB C,�ENERA � CONTR�TOR-CO�kIERCIAI2 We.�tbrook Dev Inc 1564 University Ave W • St Paul MN 55104-39(}1 3ohn Nielsen �ENE�,�,I�CONTR.�.�'TOR-�n�DE.�,'IAL Adolphson Kent Construction(8261) 16 66.1/2 Way NE Fridley MN 55432-4203 Kent Adolphson Braggeman J M Co {5359) 420 E Co Rd D Little Canada MN 55 i 17- i218 Curts Custom Decics(6550) 2935 194 Ln NW Cedar MN 55411-9338 Hunter 3 A Conslruction{8085) 1009 42 1/2 Ave NE Minneapolis MN 55421-3158 Tallefson Homes (12fi5} 311 Sunrise Ln Champlin MN 55316-1224 Western Construction Co (4238) 4301 Hwy 7 Minneapolis MN 55416-4�Od1 �GN ER�CTOR Sign Installers 6224 Bloomington Ave S Richfield MN SS423-1773 Tom Ellis Curtis Johnson John Hunter Jerry Tollefson Miltan Chazin Rick Benson 27A 'THOMAS BLAZINA Chief Bldg {3fcl STATE OF MINN _ Same Same Same Same Same THOMAS BLAZINA Chief Btdg Ofcl �