09/06/1994 - 4928'
U TY OF
FIZIDL EY
FRIDLEY CITY COUNCIL MEETING
ATTENDENCE SHEET
Tuesday, September 6, 1994
7:30 P.M.
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� oF FRIDLEY CITY COUNCIL MEETING OF
FRIDLEY
SEPTEMBER 6, 1994
PLEDGE OF ALLEGIANCE:
PROCLAMATION:
Constitution Week - September 17 - 23, 1994
APPROVAL OF MINUTES:
City Council Meeting of August 15, 1994
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS:
Request to Amend Chapter 213 of
the Fridley City Code (Fences),
by Certified Auto Recovery
(1l1/ard 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 1 G
Consideration of Items not on Agenda - 15 Minutes.
FRIDLEY CfTY COUNCIL ME�TING OF SEPTEMBER 6, 1994 Page 2
PUBLIC HEARING:
Preliminary Assessment Estimate on
Street Improvement Project - Main
Street, Project No. ST. 1994 - 8
(Ward 3) ......................................... 2-2F
OLD BUSINESS:
Special Use Permit Request, SP #94-03,
by Gordon Hedlund, to Allow Construction
in the CRP-2 District (Flood Fringe),
Generally Located on the South Side of
Buffalo Street East of Riverview Terrace
(Ward 3) (Tabled July 25, 1994);
and,
Special Use Permit Request, SP #94-04,
by Gordon Hedlund, to Allow Construction
in the CRP-2 District (Flood Fringe),
Generally Located on the South Side of
Cheryl Street West of Broad Avenue
(Ward 3) (Tabled July 25, 1994);
and,
Special Use Permit Request, SP #94-05,
by Gordon Hedlund, to AIlow Construction
in the CRP-2 District (Flood Fringe),
Generally Located on the North Side af
Dover Street West of Broad Avenue ,
(Vllard 3) (Tabled July 25, 1994) . . . . . . . . . . . . . . . . . . . . . . . . 3 - 3K
s'.
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FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994
NEW BUSINESS:
Page 3
Resolution Adopting a "Proposed"
Budget for the Fiscal Year 1995 . . . . . . . . . . . . . . . . . . . . . . . .� 4 - 4B
Resolution Certifying "Proposed"
Tax Levy Requirements for 1995 to
the County of Anoka . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 5A
Receive an Item frorn the Planning
Commission Meeting of August 10, 1994: . . . . . . . . . . . . . . . . . 6 - 6X
A. Resolution Approving a Subdivision,
Lot Split, L.S. #94-03, to Split
Two Properties into Four Separate
Parcels, Generally Located at
1476 and 1490 - 64th Avenue N.E.
(By Timothy Strong of Strong Built
Homes) (Ward 2)
Establish a Public Hearing for
September 19, 1994, for a Plat
Request, P.S. #94-05, by Keith
Eibensteiner for Biltmore
Construction of New Brighton,
Inc., to Subdivide Property
Generally Located in the Southeast
Corn�r of the Totino-Grace High �
School Property at 1350 Gardena
Avenue N.E. (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7B
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994 Page 4
NEW BUSINESS (CONTINUED):
Receive an Item from the Appeals
Cammission Meeting of August 23, 1994: . . . . . . . . . . . . . . . . . 8 - 8Q
A. Variance Request, VAR #94-21,
by Imaginality, Inc., for
Meadow Run Apartments, to Reduce
the Setback of a Sign from the
Property Line from 10 Feet to
0 Feet to Allow the Construction
of a New Sign Generally Located
at 7855 East River Road (Ward 3)
Approve Service Contract with Anoka
County Community Action Program for
Administration of Home Improvement
Grant Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 9P
Resolution Approving Anoka County
Community Action Program Leasehold
Cooperative Tax Status in Hyde Park
(Wards 1 and 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 - 10K
Appoint City Representative to the
National Organization on Disability . . . . . . . . . . . . . . . . . . . . . . 11
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 6, 1994
NEW BUSlNESS (CONTINUED�:
Page 5
Receive Bids on Personal Computers
for the City of Fridley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 - 12A
Resolution Authorizing the Use of Credit
Eards as a Method of Payment for City
Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 - 13A
Receive Petitions from Burlington
Northern Railroad and Murphy
Warehouse Company for Water Service
Instaliation (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 - 14D
Approve Change Order No. i for
Emergency Repair of Well No. 1,
Project No. 269 (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15B
Approve Change Order No. 1 to
Commons Park Shelter Project
No. 267 (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 - 16A
FRIDLEY CITY COUNCiL MEETING OF SEPTEMBER 6, 1994 Page !
NEW BUSINESS �CONTINUED�:
Resolution Requesting the Posting
of "No Turns on Red" at the
Intersection of Highway 65 and
County Road 35 ..................:........... .... 17-17A
Appointment: City Employee . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Claims .......................................... 20
Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 - 21 C
Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 - 22M
Establish a Public Hearing for
October 3, 1994, for a Liquor
License for The Sharx Club/Sharx
Sports Bar, 3710 East River Road
ADJOURN:
•
�onstitutiun �ee�
- September 17 - 23, 1994
William J. Nee
Mayor
fridleY, MN.
�W�I�t�AS, OuK�ouKdikg�atRexs, SeCUAedtReb2essiKc�so{� QibeX.ty {foKtRe.�SeQIYes akd
�ututie gekeh.atio�,s by estab�isRikg a L'o►astitutiok {�ox tQe Ukited States o{�.�4w�.e�.ic,ct; akd
�Wd��t2�}lS, it is o� tR.e �tieatest iwtpoxta�ce tRat a2e citiZexs �u�ey uKdexstaKd tRe
pKODiseoks akd p�ikCip�eS ik t�.e CoKstitutiok ik oAdex to suppokt, pKeseAVe, akd de{�ekd it
ac�ai�st a2Q eue,w�ies; akd
�Wd�I��S, tRe 207tR akKiuexsaKy o{� tRe SigkiKc� o{� tRe C,'okstitut�o� pKOtrides a RistoAic
oppoatuk�ty {�oA aee .�4►�ex�eaKs to Kea�ize t9�e ae�ie.�e,w�eHts o{� tRe �xaw�.eAS o�- tRe
Co�.stitutiok akd tRe KigRts, pAivi2e.�es, akd Kespo�.sibi�ities it a{��oKds; akd
�Wd�l�t2�}lS, tRe iKdepe.�dekee c�uaxaKteed to .�l►Kexicak eitize,�s, w�etR.ex bt� bixtR o►�
katuaaQiZatiok, s9�ou�d be ceQebKate.d by appKOpAiate eexe,�wkies akd aetiUities;
.1�o�w, Ta��t�=.�or2�, � rrr�so�� tRat r, ����5 �. s�R���.�, Mayo� �o T�
o{� tR.e C.'�ty o{� ��d2�y R�x�y pKOC2a�►� tRe W�k o� S�t�e� i7 tR,�ou�� 23, 1994, as
�onstitution �ee�
ik tRe C3ity o{� �tiid�ey. I uK�e a�e �itizeKs to tie�-Qeet duKiKc� t9�at ureel2 ok tRe w�aKy beke{�its
o{� ouA �'e.de�aQ L'o�.stitutiok aKd .�iw�e�icak citize,�sRip.
�JI(�WC�I��SS ��I��O�, I �ave set w�y
9�aKd aKd eause.d tRe sea2 0{� tRe L'ity o{�
�tiidQey to be a{�{�ixe.d tRis 6tR. day o{�
Septe.w�bex, 1994.
Dennis L. Schneider, Mayor Pro Tem
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
AUG�ST 15, 1994 ,
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•°�he �Fi�ag: . .. . . .. , . . ... . ... . _. , ..... : .. . „. . . . . . ... . � . .... ... . . ... . . .
ROLL CALL•
MEMBERS PRESENT:
MEMBERS ABSENT:
PROCLAMATION•
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider ancl Counci.lwoman ��
Bolkcom � � � �
None
FOURMIES LIBERATION DAY, SEPTEMBER 2, 1994:
Mr. Burns, City Manager, read this proclamation proclaiming the
50th Anniversary of the Liberation of Fourmies., France, the City
of Fridley's Sister City.
Mayor Nee issued the proalamation and extended congratulations to
the citizens of Fourmies, along with best wishes for many more
generations of peace, prosperity, and freedom. He stated that the
French flag will be flown at the Municipal Center for a week
commencing September 2, 1994.
APPROVAL OF MINUTES:
COUNCIL MEETING, AU6UST 1, 1994:
MOTION by Councilman Billings to approve the minutes as presented.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Billings to adopt the agenda as submitted.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audienee under this item of
business.
FRIDLEY CITY COUNCIL MEETING OF AIIGUST 15, 1994 PAGE 2
OLD BUSINESS•
1. VARIANCE REQUEST, VAR #.94-11, BY NEW HORIZON.CHILD CARE, TO
ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD IN ORDER TO
ALLOW THE CONSTRUCTION OF A PLAY AREA IN THE FRONT YARD
GENERALLY LOCATED AT 1202 EAST MOORE LAKE DRIVE N.E. (TABLED
AUGUST 1, 1994)•
Mayor Nee removed this item from the table.
Ms. Dacy, Community Development Director, stated that this variance
is for New Horizon Child Care at the Moore Lake Shopping Center.
She stated that New Horizon Child Care is proposing to occupy the
westerly tenant space in the shopping center to operate a day care
cen.ter. She stated that the:petitioner's original proposal was
that the playground be located im the front yard setback area.
Ms. Dacy stated that at the last Council meeting, Council expressed
a number of safety concerns about the location of the pla�r area,
and they requested that the petitioner rev.ise the.site plan. She
stated that the site plan has been revised, and the playground
equipment will be located immediately adjacent to the west end of
the building. She stated that the parking lot would be revised.,
the driveway would be modified, and a stop sign reinstalled. She
stated that she believed, with the new site plan, that the traffic
pattern is actually improved and that it better defines the inter-
section. She stated that based on the revised site.plan, staff
recommends that Council approve the variance .subject to stipula-
tions, which she outlined.
Councilman Schneider asked if the concrete curb would be. replaced
along the entire fence line.
Ms. Dacy stated that she understands everything would be lined with
concrete curb and gutter. �
Mr. Blumentals, architect for New Horizon Child Care Center, stated
that there is no question that.there will be a concrete curb. He
stated that he wished to recognize Councilman Billings' suggestions
which were used in preparation of the revised site plan.
Councilman Schneider stated that this site plan is much.better, and
he is pleased with the changes and felt it was an excellent
proposal. He stated that his concern was for safety and
aesthetics, and these issues have been addressed.
Councilwornan Jorgenson stated that she was pleased the petitioner
was able to locate the pTay area adjacent to the day care center.
She felt that this would be beneficial for both the day care center
and the children.
Councilman Billings stated that he would be hard pressed to find
anything against the proposal.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 15 1994 PAGE 3
MOTION by Councilman Schneider to concur with the Appeals Commis-
sion recommendation and grant Variance Request, VAR #94-11, by New
Horizon Child Care, with the following stipulations: (1) the peti-
tioner shall relocate and replant the existing evergreen trees in
the front yard setback, and replace the concrete curb around the
setback area; (2) if the tenant abandons the tenant space, the play
structure and the hard play surface shall be removed and replaced
. . . . , . ,..wi.th.. �.od�.; ...(.3 ). :th� ..�?et�.tio.nex' ,,�hal l cqnt,act: :�h�. Pub1i.� .inlor�s ..D�pax�,- . . _ . .
ment and review the proposed construction methods around the fire
hydrant and over the storm sewer line; (4) reinstall the stop sign
in the front yard setback area; and (5) a concrete curb shall be
installed along the driveway and the playground. Seconded by
.:. Councilwaman Jorgenson. Upon a voice�vote, all voting aye; Mayor
� � Nee �declared � the mo�iorr��carried unanimously; � � � �� � - • ' . �� �
NEW BUSINESS•
2. PRESENTATION OF THE 1995 PRELIMINARY DRAFT BUDGETS:
Mr. Pribyl, Finance Director, presented the 1995 preliminary draft
budgets in accordance with Chapter 7 of the City Charter. He
stated that the 1995 budget reflects a 1.7 percent increase over
1994. He stated that the General Fund increased 6.5 percent, while
all budgeted funds, which includes the Enterprise Funds, reflect
a 3.7 percent increase over 1994. He stated that the budget does
not include any property tax levy increase..
Councilman Schneider asked what funds would be used to cover the
increase.
Mr. Pribyl stated that revenue from user fees or fund balances from
other years would cover the proposed increase.
Councilwoman Jorgenson asked Mr. Pribyl to explain the Enterprise
Funds for the public's information.
Mr. Pribyl stated that these were the water, sewer, storm water,
and liquor funds.
Mr. Burns stated that even though there is no increase in the
property tax levy, it is possible that the appraised value of
property may increase which would, in turn, affect the property
tax.
MOTION by Councilman Schneider to receive the 1995 preliminary
draft budgets. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
3. RESOLUTION NO. 65-1994 DESIGNATING POLLING PLACES AND
APPOINTING ELECTION JUDGES FOR THE SEPTEMBER 13 1994
STATEWIDE PRIMARY ELECTION:
Mr. Pribyl, Finance Director, stated that this resolution desig-
nates polling places and appoints election judges for the primary
FRIDLEY CITY COUNCIL MEETING OF AUGUST 15. 1994 PAGE 4
election on September 13, 1994. He stated that an increase is
requested for the judges from $6.00 to $7.00 per hour and from
$7.00 per hour to $7.50 per hour for the head judges. He stated
that the County is subsidizing a portion of the increase to attract
qualified judges. He stated that it is becoming difficult to
obtain election judges, and some of the judges have been involved
with the elections for many years. He stated that it is hoped the
.. . .i�e��ase...�wil l ..�-elp . �in . rec�u�t.ing....jia.dges _ -. H.e ,.�stated� t�iat� an}rone
interested in becoming an election judge may contact him.
MOTION by Councilman Schneider to adopt Resolution No. 65-1994.
Seconded by Councilwoman Jorgenson. Upon a.voice vote, all voting
aye,.Mayor Nee declared.the,;motion.car.ried,�nanimQUSly. ., _
4. FIRST READING OF AN ORDINANCE APPROVING A REZONING RE4UEST
ZOA #94-02, BY FORREST HARSTAD OF TWIN CITY TOWNHOMES TO
REZONE PROPERTY FROM R-1, SINGLE FAMILY DWELLING TO R-3
GENERAL MULTIPLE FAMILY DWELLING, TO ALLOW THE CONSTRUCTION
OF 41 TOWNHOMES GENERALLY LOCATED AT 971 HILLWIND ROAD N E.:
Ms. Dacy, Community Development Director, stated that this praperty
is located at the end of Polk Street, on the east side of Hillwind
Road, and extends to Fillmore Street. She stated that the property
is currently zoned R-3 and R-1. She stated that adjacent zoning
and uses to the north are R-2 and public zoning to the west where
the wetland is located. She stated that there is an R-3 zoning to
the northwest for the existing apartments. To the south is the
Western Ridge Estates plat and eight townhomes which are zoned R-2.
She stated that to the east and northeast of the site is a mixture
of single family uses and North Park Elementary School.
Ms. Dacy stated that at the public hearing, it was suggested that
the petitioner purchase Lot 9 of Auditor's Subdivision, and she
understands that this has been done. She stated that the total
site is 5.87 acres, and 41 condominium units are proposed to be
constructed east of the wetland area. She stated that to the west
of the wetland, the petitioner is proposing to construct a five-
unit building on Hillwind Road and to create a separate lot for a
duplex.
Ms. Dacy stated that the petitioner submitted a plan which showed
that this parcel could accommodate a six story apartment building
containing 104 units.
Ms. Dacy stated that the proposal is to rezone 2.12 acres from R-1
to R-3. About 3.75 acres of the property is already zoned R-3.
She stated that in reviewing this rezoning request, the Planning
Commission determined that the proposal is consistent with the R-3
requirements, and all conditions are met with exception of the
variance. She stated that the Appeals Commission has recommended
approval of the variance request. She stated that the zoning and
use. is consistent with adjacent uses with the exception of the
FRIDLEY CITY COUNCIL ME$TING OF AIIGIIST 15 1994 PAGE 5
Frank home. She stated that North Park Elementary School provides
separation from the single family area to the east and similar
units abut this site to the north and south.
Ms. Dacy stated that the Flanning Commission recommended approval
of this rezoning request with four stipulations, three of which
relate to approval of the variance, vacation, and the plat.
.,._ .. . . . ..: .... .:. ,� ...... >.:.. . ..._.. ., ,. .. . .. . • , < , . . . . .. . .
Councilman Schneider stated that access was an issue, and he asked
if there was any further information.
Ms. Dacy stated that staff.reviewed the advantages and disadvan-
: � tages � o-f cons�ructi•ng �a drive -t�ro�gh Lot � � ..� �. � She . s�ated � that . �he
'advantage is that it would provide a second access to the develop-
ment. She stated that, however, of concern is the safety and
design of the roadway. If a driver does not respond quickly
enough, a car could continue off the drive and over the retaining
wall that is necessary. She stated that there would be a tight
turn off of Hillwind Road. During icy conditions, this may create
an unsafe condition. She stated that the slope would be 10.5
percent and for safety purposes, driveway grades should be Zess
than ten percent. She stated that staff felt that the safety
issues out-weigh the advantage of a second access. She stated that
37 units will be served from the acCess to Fillmore Street, but
that is not excessive.
Mayor Nee asked how traffic from this development interacts with
other traffic in the area.
Ms . Dacy stated that the main access is on Fillmore Street, and
motorists would probably use Polk Street or Regis Lane to exit the
area. She stated that about 240 trips per day would be created by
this development. The normal capacity is 1,000 trips, so it would
not overburden the local streets. ShE stated that during the
morning peak hours, traffic is backing up on Polk Street `and testi-
mony from the public hearing is that motorists use Matfierhorn Drive
�o Gardena Avenue in order to avoid that intersection.
Councilwoman Jorgenson stated that there were 3, 400 cars a day that
go out on Polk Street and 1,500 on Lynde Drive. She stated that
there are about six hundred cars a day on Regis Lane to Matterhorn
Drive.
Ms. Dacy stated that at Old Central and Hathaway Lane, it is over
three thousand vehicles per day. She stated that on Fillmore
Street and Regis Lane the traffic counts are below the one thousand
trips per day. She felt that the concern is the congestion at
Hathaway Lane and Old Central Avenue.
Councilman Schneider stated that if this property is developed as
it is now zoned, even by conservative figures, there would be the
same number of units. He questioned what steps the City could take
to provide better access.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 15. 1994 PAGE 6
Councilwoman Jorgenson stated that because of the close proximity
to the I-694 access ramps, there is not a lot that can be done to
improve the traffic. She stated that she is not sure if there is
more traffic from single family dwellings or townhomes.
Ms. Dacy stated that the traffic is about the same for either
apartments or townhomes.
.:._ . . . . . . . . . _ . .. . . . .. ... .. .. . .. . . ... . . . . .. . .. ... . . , .. . . � .. .. . . _ . . . . . .. _
Mayor Nee asked if the sewer and water lines in the area were
capable of handling this development.
- Mr. Flora, Public Works director, stated that the sewer and water
� -� � ii'ne� �are s�f€icien�t to� ha�►dle� �this���roposed deve3•opment�: -� � ~_-• �� �� � - �
Councilwoman Jorgenson stated that there is a high water table in
this area. Most of the homes on Lynde Drive have sump pumps, but
she believed there would be sufficient space on this site for
ponding.
Councilwoman Jorgenson stated she would prefer that the zoning
remain as R-1 and that single family homes be constructed to
maintain the character of the neighborhood. She stated that she
did not believe it would be economically feasible to construct a
six story, 104 unit apartment bui,lding.
Councilman Schneider stated that he would concur with Councilwoman
Jorgenson's opinion. However, if it is not possible to develop
this property as R-1, he wondered if the City would be better off
with a forty unit rental building as opposed to 40 owner-occupied
units. He stated that this area is intensely developed now with
apartments.
Councilwoman Jorgenson stated that she did not know if these town-
homes would remain owner-occupied. She stated that other townhomes
in the City have now become rental units.
Councilman Schneider stated that because of the townhouse associa-
tion, the units have to be properly maintained whether they are
rentals or owner-occupied.
Mr. Forrest Harstad, the petitioner and developer, stated that he
would like to address the concerns about owner-occupancy. He
stated that he would like to live in these townhomes. He said that
they will be of the same value as single family homes. He stated
that the townhomes are self-policing, and it is especially true
when this is a neighborhood community which tends to occur with
this cul-de-sac design.
Mayor Nee asked if a 104 unit apartment building was constructed,
would there would be more residents than in the townhomes?
Mr. Harstad stated that these townhomes are sold predominately to
single persons. He stated that only about one-third are couples,
FRIDLEY CITY COUNCIL MEETIN� OF AUGUST 15 1994 PAGE�7
and less than five percent of the units have one or two children.
He stated that he really did not know if there would be a higher
density in an apartment complex.
Mayor Nee stated that the average density in the townhomes would
be about 1-1/2 to two persons per unit.
- : .. .. �: :.:, :., ..:.... .. : ...-. . . ...... .. ... .: . . ... �....: ,: �• . ; .
� - � � • . � s :• �� C �sr�e �`�i�tci��ililey; � 101i�'"' �;yride � �Drive, stated that she has no
objection to the townhomes, but the traffic pattern is terrible in
that area. She stated that she understands that the residents
living in the more expensive homes on Matterhorn Drive would not
be pleased with the additional traffic. She stated that traffic
. .is heavy on Gar.dena.Avenue, especially wheri schbol:is in session. �
Slie stated that sYie would like something done with the street
pattern.
Mr. Norman Rausch, 1031 Lynde Drive, stated that the intersection
at Highway 65 and Hathaway Lane is congested now, and she cannot
imagine what it will be like with additional traffic. She stated
that there is always concern about the flooding situation.
Councilman Schneider stated that eventually something will develop
on this parcel. He asked Mr. Rausch if he felt this development
proposal is reasonable.
Mr. Rausch felt it is acceptable, if something is worked out
regarding the intersection.
Councilman Schneider stated that he does not know if this is
possible, but the situation that exists now is that someone could
construct a 104 unit apartment building on this site. He stated
that Council can approve this development or gamble on a future
situation.
Councilman Schneider stated that there was some discussion about
modification of the intersection at Highway 65 in conjunction with
development of the Lake Pointe site.
Mr. Flora stated that the design was to improve Hillwind Road and
to allow traffic to use Hillwind Road all the way to Hathaway Lane.
He stated that the design allowed for two left hand turns and one
right turn. He felt that the improvement would benefit this
intersection. He stated that the improvement was tied in with the
Lake Pointe development.
Councilwoman Jorgenson felt that perhaps not allowing a right turn
on red at this intersection would help the traffic congestion. She
stated that, as it is now, this is only in effect during certain
hours.
Mr. Flora stated that the City would have to make a request to the
Minnesota Department of Transportation to determine if this would
be allowed.
i.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 15. 1994 PAGE 8
Mr. Al Fehn, developer of the Western Ridge Estates development,
stated that there seems to be a feeling that Mr. Harstad's develop-
ment has too much density. He stated that he is in favor of the
proposed project as proposed, but he wondered if it may be possible
to reduce the density. He felt that perhaps the quality of the
units could be upgraded and the density reduced.
� ...,.. �.•.....: . _.. _ .. .... .. :• .... .�.. : .. . �. ,
�Ir`. � Iiarstad' stat�cl� tFia� �because' of' �the"'�d�eiYiog'rapYiics' 'of���fiis"'piece
of property, they have concluded that a more expensive unit is not
viable on this parcel of land. He stated that he would not con-
' struct the duplex if he would not have to purchase Lot 9.
� � =•°° • • . � Co�nc��lmar� �ctrne�ider .stated. � that, i�m � � ti��e past, he stood - firm �r�
�� denying a rezorting� at Highway 65 and Mississippi Street. Even-
tually single family homes were developed on the site; however,
that property was zoned exclusively R-l. He felt that in this case
both the City staff and the developer concur that an apartment
building is very viable on the R-3 property. He stated that given
these facts, he felt the townhomes are certainly an excellent de-
velopment and the best proposal he has seen for the property. He
felt that the traffic issue needed to be resolved in a more com-
prehensive manner.
MOTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading, with the following stipulations: (1)
Variance Request, VAR #94-02, shall be approved; (2) Plat Request,
P.S. #94-04, shall be approved; (3) Vacation Request, SAV #94-02,
shall be approved; and (4) the rezoning request is contingent upon
the site plan dated June 23, 1994 as submitted by the petitioner.
Seconded by Councilman Billings. Upon a voice vote, Councilman
Schneider, Councilman Billings, Councilwoman Bolkcom, and Mayor Nee
voted in favor of the motion. Councilwoman Jorgenson voted against
the motion. Mayor Nee declared the motion carried by a 4 to 1
vote.
5. FIRST READING OF AN ORDINANCE APPROVING A VACATION REQUEST
SAV #94-02, BY FORREST HARSTAD OF TWIN CITY TOWNHOMES TO
VACATE A PORTION OF PROPERTY GENERALLY LOCATED AT 971 HILLWIND
ROAD N.E.:
Ms. Dacy, Community Development Director, stated that this vacation
request is to vacate a portion of Hillwind Road that was part of
a turn-back. 5he stated that the size of the area to be vacated
is 30,439 square feet.
Ms. Dacy stated that the Planning Commission recommended approval
of the vacation request subject to combining this area with the
rest of Mr. Harstad's development, which the plat accomplishes.
Councilman Schneider asked how the property is conveyed to the
developer, Mr. Harstad.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 15. 1994 PAGE 9
Ms. Dacy stated that once the City vacates the property and actu-
ally owns it, it has to be declared excess in order for it to be
conveyed. She stated that in ano�her case,�directly adjacent to
this property, a portion of the right-of-way was vacated in order
to be added to a development. She stated that it was her under-
standing that there was no charge for the conveyance.
"' �� ' � ' �' Mr.� `AT "�'ehn��stat'e3` t�iat �fi� �'r�c�ived `'vaca'ted""rigYi`�-of�wa'y' 'w�iicfi`��wa��' ' � "�' �"'
added to h'is development, Western Ridge Estates. He stated that
he did not pay anything for the property. It was simply a matter
of being willing to assume the responsibility for the property.
He stated that the amount he received was about 10,000 square fe.et..
. Councilwoman Schneider stated that he did not have a problem if
the property can be legally conveyed.
Mr. Gregg Herrick, Assistant City Attorney, stated that the City
owns the parcel and can do what they want with it. He stated that
it could be sold to the a�djoining property owner.
Councilman Billings asked what the procedure would be if this was
typical right-of-way in the City for an alley or street that was
vacated.
Ms. Dacy stated that the ordinance process would be completed to
declare.it excess, and the vacated portion would be added to the
abutting property.
Councilman Billings stated that under normal circumstances where
there is a vacation, the vacated parcel would go to the adjoining
property at no cost.
MOTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading. Seconded by Councilman Billings. Upon.
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
6. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY
CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND
AUTHORIZING THE SALE THEREOF (TWIN CITY TOWNHOMES;:
MOTION by Councilman Schneider to waive the reading and approve the
ordinance on first reading. Seconded by Councilman Billings. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
7. RESOLUTION APPROVING PLAT REQUEST, P.S. #94-04, BY FORREST
HARSTAD OF TWIN CITY TOWNHOMES TO REPLAT PROPERTY GENERALLY
LOCATED AT 971 HILLWIND ROAD N.E.:
Ms. Dacy, Community Development Director, stated that this plat
would create three lots. She stated that the stipulations for
FRIDLEY CITY COUNCIL MEETING OF AUGUST 1�5, 1994 PAGE 10
approval of the plat are divided into two main areas, as the City
Attorney's office has advised that the City enter into a develop-
ment agreement, and certain information should be included in the
condominium declaration.
Ms. Dacy stated that because of the change in the plat from the
June 20, 1994 Council meeting with the addition of the two-unit
`� �' � ' ��bui�T�ding�,"�°staff' completecf'�anotYie"r "'review:��� �'"STie� stated°it"'is'°r'ecom=�� '�"" `� � '
mended that a cul-de-sac be constructed at the end of Polk Street
to provide access to the two-unit building. She stated that it is
her understanding that the cost for constructing the cul-de-sac
would be $30,�000 to $35,000, and the petitioner does object to this
. . requirem�nt : . _. .. , : . . . . .: . . , , . . ' .
Mr. Flora, Public Works Director, stated that the primary purpose
of the cul-de-sac is to provide a turn-around for plows and emer-
gency vehicles.
Councilman Billings stated that the real estate office would
probably have as great or a greater benefit than the Harstad
development. He questioned if it is appropriate to have the
developer incur these costs or to accomplish the improvement
through an assessment project.
Councilwoman Jorgenson felt that this probably should be accom-
plished through an assessment project.
Mr. Harstad,_the petitioner and developer, stated that he believes
the cost for the cul-de-sac is exorbitant. He stated that the City
is now plowing snow to the east side of the street, and this will
still exist. He felt that Sundial Realty would prefer to have the
snow pushed off to the side rather than pay for the cul-de-sac.
He stated that he would rather not build the duplex. If the cul-
de-sac is necessary, he felt that the City should pay sixty percent
and he should pay forty percent of the cost.
Councilwoman Jorgenson stated that at some point in time, the cul-
de-sac may be needed, and she believed the real estate office would
benefit from this improvement.
Mr. Harstad felt that this aption should be left open when redevel-
opment occurs. He stated that the duplex could not be built until
such time that this is addressed, and he could not viably build
those two units because of the bad soil conditions. He stated that
the parcel will not be developed in the near future because of the
cost to prepare the site.
Mr. Flora stated that the developer can petition the City for the
street when he wishes to construct the duplex.
Ms. Dacy stated that if the Council approves the plat, it is sub-
ject to the Anoka County Recorder's Office and Surveyor's Office
FRIDLEY CITY COUNCIL MEETING OF AIIGUST 15, 1994 PAGE 11
approving the final mylars. She stated that when this is
completed, it will be brought back to Council so that the final
plat may be reviewed.
Councilman Schneider asked Mr. Harstad if he would provide the
necessary right-of-way for the cul-de-sac. Mr. Harstad stated that
he would gladly provide the right-of-way, but at that time, he may
... . . .._ . ._ �hav� �• a..:prob'lem �-wf th: ,:setbarCl�s :° L .. ,., : .:. :. ...._� . . . .. . .. . . .. . .. .• . . .. . . . ._. ..... _...
Councilman Billings asked if an easement for the right-of-way would
affect the setbacks. Ms. Dacy stated that it would not.
Councilwoman Jorgenson asked if there was additional �landscaping
proposed to screen�the home directly north of this development.�
Ms. Dacy stated that this was considered in the landscaping, and
spruce trees would be planted. '
Councilman Billings stated that he would suggest that language be
added to Stipulation�No. 6 that "prior to requesting a buildi.ng
permit for the duplex at the end of Polk Street, the petitioner
shall petition t,he City for construction of said cul-de-sac and
assess costs to benefitting properties." He stated that it would
be the intent that the duplex be constructed whether or not the
City Council, at that time, wishes to construct the cul-de-sac.
Ms. Dacy stated that Stipulation No. 10 referring to Outlot A was
a carry-over from the Planning Commission meeting. She stated that
Outlot A is no longer created, and this stipulation could be
deleted.
Mr. Harstad stated that in reference to Stipulation No. 1(D),
pertaining to the number of trees to be preserved, he felt the size �
of the trees should be clarified and the area should be defined.
Ms. Dacy stated that the original intent of that stipulation was
to set limits of the grading, as it affected the edge of the
wetland.
She felt that the stipulation could be amended to say "the grading
plan shall be amended to indicate the trees to be preserved in
consultation with the City's planning staff."
Mr. :iarstad questioned the letter of credit covered in Stipulation
No. 1(G) and Stipulation No. 7 and asked if two letters of credit
needed to be provided. Ms. Dacy stated that only one letter of
credit was needed.
MOTION by Councilman Schneider to adopt Resolution No. 66-1994,
with the stipulations attached as Exhibit A, as follows: (1) the
petitioner shall enter into and record against the property a
development agreement with the City. The development agreement
shall include and the petitioner shall comply with the following
FRIDLEY CITY COUNCIL MEETING OF AUGUST 15. 1994 PAGE 12
stipulations: (A) a stop sign shall be piaced at the intersection
of the private drive with Fillmore Street; (B) the grading/
drainage/erosion control.plan shall consider the storm water from
the Western Ridge�Estates development to the south. Revised
drainage calculations addressing the entire drainage area, in-
cluding the units adjacent to Polk Street and Hillwind Road shall
be submitted. The calculations shall be signed and stamped by a.
Registered Engineer; (C) the petitioner shall obtain a permit from
the Rice �CZeek Watershed District prior to the issuance �of a
building permit. The petitioner�shall comply with the requirements
of the district permit; (D) the grading plan shall be amended to
indicate the number of trees to be preserved; (E) the landscape
plan shall be revised to provide fifteen six-foot evergreen trees.
Underground irrigation shall be provided along the R-1 property
(5512 Fillmore Street).� Ten six-foot Black Hills Spruce trees
shall be planted along the nQrth lot line; (G) the petitioner shall
submit a letter of credit in the amount of three percent of the
construction value, not to exceed $60,000, to cover the outdoor
improvements; (H) the utility lines shall be designed according to
the City of Fridley standards and requirements. The City sY�all
inspect.the construction of the utilities. A plan and profile
drawing of the sanitary sewer shall be submitted; {I) Based on the
review of the s.ubmitted grading, drainage, and utility plans dated
June 23, 1994, the following information shall be submitted: (1)
a rocked entry point will need to be installed for access and
egress during construction. Provide a detail of such on the plan;
(2) clearly show the water and sewer services for. the buildings.
adjacent to Hillwind Road and Polk Street. Clearly note`size and
location of existing mains; (3) modify the 15-inch RCP pond inlet
so it directs the flow of water toward the pond outlet. Install
rip-rap at the end of the 15-inch RCP; (4) provide two 'complete
sets of calculations and drawings; (5) install concrete cross
gutters and aprons at all driveway and street entrances; (6)
clearly note the location of all public easements on a11 drawings.
(2) the petitioner shall record a condominium declaration in
compliance with State Statute 515A. The declaration shall include
and the petitioner shall comply with the following stipulations:
(A) the association shall be responsible for the plowing,
maintenance, and repair of the private roads and d•riveways. The
declaration shall permit emer-gency vehicle access;.(B) the drive-
way shall be signed "no parking" on both sides; (C) the association
shall be responsible for the operation and maintenance and repair
of�the storm water; (D) the association shall authorize that the
Public Works Department flush the hydrants in accordance with City
policies; (E) the association shall be responsible for the main-
tenance and/or repair of landscaping: (F) the condominium declara-
tion shall include the layout of the project as submitted on the
site plan dated June 23, 1994. The declaration shall comply with
the requirements of Minnesota Statute Chapter 515A. (3) the condo-
minium declaration shall require the association to repair and
maintain the private utilities; (4) the petitioner shall execute
and record access, maintenance and repair easements against the
FRIDLEY CITY COUNCIL MEETING OF AIIGUST 15 1994 PAGE 13
development parcel and 5512 Fillmore Street to allow the resident
at 5512 Fillmore Street to use the access drive; (5) the petitioner
shall draft for City Attorney review and execute and record a hold
harmless agreement indemnifying the City from liability for the
private improvements as a result of work on the public sewer line;
(6) the petitioner shall construct a cul-de-sac at the end of Polk
Street; (7) the petitioner shall submit a letter of �redit in the
amount of three percent of the construction value, not to exceed
$60,00, to cover the outdoor improvements; {8)�the condom�nium
declaration shall include the layout of the project�a� submitted
on the site plan dated June 23, 1994. The declaration shall comply
with the requirements of Minnesota Statute Chapter 515A; and (9)
the grading and drainage plan shall be amended to conform with the
recommendations stated in Scott Erickson's memorandums dated May
13 and June 8, 1994; (10) Outlot A shall be included in the
subdivision with Outlot A conta.ining no more.than six residential
units. Access to the residential units shall be directed onto
Hillwind Road. Seconded by Councilman Billings. ��,
MOTION by Councilman Schneider to amend Stipulation No. l(D) to
read as follows: "The grading plan shall be amended to indicate
the trees to be preserved in consultation with the City's planning
staff." Seconded by Councilman Billings. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously,
MOTION by Councilman Billings to eliminate Stipulation Nos. 7 and
10. Seconded by Councilwoman Jorgenson. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Billings to amend Stipulation No. 6:to read.
as follows: (6) the petitioner shall provide an easement for the
right-of-way for the cul-de-sac at the end of Polk Street. Prior
to requesting a building permit for the duplex at the end of Polk
Street, the petitioner shall petition the City for construction of
said cul-de-sac and assess costs to benefitting properties.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Billings to amend Stipulation No. 2 by adding
subsection (G) to read as follows: (G) the petitioner shall pro-
vide an easement for the right-of-way for the cul-de-sac at the
end of Polk Street. Prior to requesting a building permit for the
duplex at the end of Polk Street, the petitioner shall petition the
City for construction of said cul-de-sac and assess costs to.bene-
fitting properties. Seconded by Councilman Schneider. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
MOTION by Councilman Schneider to add an additional Stipulation
No. 9 to read as follows: (9) plat approval is subject to final
approval by Anoka County of the detailed mylars. Seconded by
Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
�
. _ . .. . : . i
FRIDLEY CITY COUNCIL MEETING OF.AIIGIIST 15, 1994 PAGE 14
Councilwoman Jorgenson was concerned about the dirt from the trucks
on the residential streets fl.owing into Moore Lake. She felt that
this issue�should be addressed. .
Ms. Dacy stated that this could be included in the developer's
agreement that the roads are to be kept clean. .
Nir. Flora stated that this could also be handled.with the building
• . . permit without any problem. • , : .
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimously.
8. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MAY 24
1994•
A. VARIANCE REQUEST, VAR #94-02, BY FORREST HARSTAD OF TWIN CITY.
TOWNHOMES TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO
30 FEET IN ORDER TO ALLOW THE CONSTRUCTION. OF TOWNHOMES
GENERALLY LOCATED AT 971.HILLWIND:ROAD N.E.:
Ms. Dacy, Community Development Director, stated that this variance
pertains to the eight-unit building in Mr. Harstad's development..
She stated that the request is to reduce the front yard setback
from 35 feet to 30 feet. She.stated because the proposed condo-
minium design includes patios with privacy walls.adjacent to the �
front entries, the setback for the patios will also be reduced from
the required 25 feet to 18.9 feet. She stated that because. the
patio is not enclosed, site lines should not be affected. She
stated that the petitioner is.also proposing a 36 foot wide drive-
way. The R-3 regulations limit the width of a driveway to 32 feet,
so a variance is needed.
Ms. Dacy stated that the Appeals Commission recommended approval
of all three variances subject to approval of the rezoning, vaca-
tion, and plat request. She submitted photographs of the proposed
townhomes showing the front entry areas.
MOTION by Councilman Schneider to concur with the recommendation
of the Appeals Commission and grant Variance Request, VAR #94-02,
by Forrest Harstad of Twin City Townhomes to reduce the front yard
setback from 35 feet to 30 feet; to reduce the setback for the
front patios from 25 feet to 18.9 feet; and to increase the width.
of the driveways from 32 feet to 36 feet. Seconded by Councilman
Billings. Upan a voice vote, all vot.ing aye, Mayor Nee declared
the motion carried unanimously.
Mr. Harstad stated that he wished to thank Council for their.
approval of his development and for the excellent help he received
from the City staff who worked with him on this development.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 15
9. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF
AUGUST 10, 1994•
A. SPECIAL USE PERMIT REQUEST, SP #94-08, BY WARREN PAULSON,_ TO
ALLOW THE EXPANSION OF A MOTEL IN THE R-3, GENERAL MULTIPLE
FAMILY DWELLING DISTRICT GENERALLY LOCATED AT 6881 HIGHWAY
65 N.E.: .
Mr. Hickok, Plann,ing Coordinato.r, stated that t�is is a request .for
a special use permit for the Budget Host Motel on Highway 65 in
order to allow expansion of this business. He stated that this
motel was built in 1960 and rebuilt after the tornado in 1965. He
stated that in 1968 Council approved the construction of a redwood
fence, rather than landscaping, to separate this motel from the
residential area to the east. He stated that there was also a
variance for a sign and a deck and vestibule. �
Mr. Hickok stated that the special use permit would allow expansion
of this motel with the construction of a 36 foot by 48 foot two-
story addition and to provide for an additional nine units, making
a total of 23 units. He stated that the addition would be located
on the north side of the building.
Mr. Hickok stated that the Planning Commission and staff are re-
commending approval of this special use permit subject to riine
stipulations, which he outlined. He stated that there is a mix of
mature and ornamental trees on the property but to replace the oaks
that are removed would be difficult. He stated that the petitioner
has suggested that he would plant some evergrsens and flowering
crabs. He stated that after visiting the site, he felt this was
a suitable alternate to replacing the oak trees. .. -
Councilman Billings stated that ther�e was some concern about semi-
trucks on the site. He asked if they require a,larger parking
stall.
Mr. Paulson, the petitioner, stated that he has upgraded the pro-
perty considerably since he took over this operation five years
. . ._
ago. He stated that they are now affiliated with a national
franchise, and they have not seen as many trucks as in the past.
He stated that the trucks do not take much more space than an
ordinary car. -
MOTION by Councilman Schneider to concur with the recommendation.
of the Planning Commission and grant Special Use Permit, SP #94-08,
with the following stipulations: (1) a stop sign shall be installed
by the developer at the point where the parking lot drive enters
onto 68th Avenue. The sign would be the cost and responsibility
of the motel; (2) the addition shall be built with an architectural
character consistent with the character of the existing motel com-
plex; (3) no windows shall be placed on the second story of the
east side of the building addition; (4) the parking lot shall be
FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 16
re-striped to identify the 35 parking spaces indicated by the peti-
tioner's s.ite plan; (5) the new parking surface shall include curb
and gutter around the expanded parking perimeter. The curb�and
gutter is to be concrete and of a staff-approved design. This curb
shall extend into the public right=of-way to the point where the
driveway radius meets 68th Avenue. The point of termination shall
be reviewed and agreed upon by City Engineering�staff;�.(6) erosiori
control fencing shall be installed during construction to assure
no construction-related soil is carried into Rice Creek or adjacent
landscape; (7) rip-rap erosion control shall be in-stalled at the
base of the roof drain and at the point where the parking lot swale
empties surface water onto the landscaped portion of the site; (8)
all landscape areas shall be restored; and (9) the three 20 inch
oak trees removed by construction shall be replaced by three 2-1/2
inch oaks in an alternate location on the site. Seconded by
Councilman Billings.
MOTION by Councilman Schneider to amend Stipulation No. 9 as
follows: (9) the petitioner shall work with staff to identify
appropriate plantings to replace the three 20 inch oak trees that
were removed by construction. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and.
Mayor Nee declared the motion carried unanimously.
10. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF
JULY 12, 1994•
A. VARIANCE RE4UEST, VAR #94-13, BY WARREN PAULSON TO REDUCE THE .
FRONT YARD SETBACK FROM 35 FEET TO 10 FEET, TO REDUCE THE SIDE
CORNER SETBACK FROM 35 FEET TO 30.33 FEET; TO REDUCE THE REAR
YARD SETBACK FROM 40 FEET TO 19.44 FEET; AND TO REDUCE THE
PARKING SETBACK FROM 20 FEET TO 18 FEET, ALL TO�ALLOW THE
EXPANSION OF A MOTEL, GENERALLY LOCATED AT 6881 HIGHWAY 65 '
N.E.
Mr. Hickok, Planning Coordinator, stated that the variance for the
front yard setback is a pre-existing condition and not the result
of the proposed addition to the building. He stated that the vari-
ance to reduce the rear yard setback is to correct an existing
encroachment and is for the distance from the north lot line near
Rice C'reek. He stated that the other two variances to reduce the
side corner setback and the parking setback are related to the new
construction.
Mr. Hickok stated that the Appeals Commission recommended approval
of these faur variances.
MOTION by Councilman Schneider to concur with the recommendation
of the Appeals Commission and grant Variance Request, VAR #94-13.
FRIDLEY CITY COONCIL MEETING OF AUGUST 15, 1994 PAGE 17
Seconded by .Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
11. EXTENSION OF A VARIANCE RE4UEST, VAR #93-36 BY UNITED STORES,
TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 0 FEET, AND
TO REDUCE THE HARD SURFACE SETBACK FROM THE PUBLIC RIGHT-OF-
WAY FROM 20 FEET TO.10 FEET, ALL�TO ALLOW THE CONSTRUCTION OF
. P,N ADDITION, GENERALLY�'LOCATED AT 785 53RD AVENUE N.E�.: '
•Ms� Dacy, Community Developinerit Director, stated-triat 'this is a
request to extend a variance for three years. She stated that
apparently there is a zestrictive covenant that prevents the
expansion of the United Stores building. Ms. Dacy also stated that
Target is unwilling to work with United Stores to remove the
restrictive covenants which will expire in 1997.
MOTION by Councilman Billings to extend Variance Request, VAR
#93-36, for United Stores until December 31, 1997 with the four
stipulations as originally approved on February 7, 1994 as follows:
(1) the petitioner shall submit a landscaping plan with the buil-
ding permit application showing existing�landscaping and additional
parking lot screening along the westerly lot line. Parking lot
screening may be achieved through a three foot berm•or a hedge or
a combination of the two. The landscaping plan shall alsa indicate
three new trees to be planted along the westerly lot line; (2) the
petitioner shall provide a grading and drainage plan and hydrologic
calculations for review and approval by the Engineering Department
with the building permit application; (3) the p�titioner shall
submit an erosion control plan with the building permit applica-
tions; and (4) the addition shall be architecturally compatible
with the existing building. Further, the following stipulation
shall be added: (5) all storage trailers shall be removed at the
completion of this addition. Seconded by Councilwoman Bolkcom.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
12. RESOLUTION NO. 67-1994 RENAMING 59-1L2 WAY N.E. TO ISLAND PARK
DRIVE N.E.- •
Ms. Dacy, Community Development Director, stated that property
owners on 59-1/2 Way are requesting that this street be renamed to
Isiand Park Drive. She stated that the apartment owners feel the
current name suggests this street is an alley, that the new street
name is more appealing, and it provides recognition with the
Islands of Peace Park. She stated that the apartment owners also
felt�changing the name will assist them in their efforts to rent
their apartments.
MOTION by Councilwoman Bolkcom to adopt Resolution No. 67-1994.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 15. 1994 PAGE 18
13. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 6, 1994 ON STREET
� IMPROVEMENT PROJECT - MAIN STREET PROJECT NO. ST 1994-8•
MOTION by Councilwoman�Bolkcom to set the public hearing on Street
Improvement Project No. ST. 1994-8 for September 6, 1994. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously, ..
.... ... . _ ...•. . .. ..._ .. ..:........ ... . -.. . .... ._....�.. . .. ,. ... ... .. . .-... .. .
14. APPROVE JOINT POWERS AGREEMENT WITH ANOKA�COUNTY FOR THE UP-
GRADE OF STORM SEWER ALONG COUNTY STATE HIGHWAY NO 35 (OLD
CENTRAL AVENUE):
Mr. Flora, Public Works Director, stated that this joint powers
agreement is for reimbursement from Anoka County for their portion
of the storm water improvement project along Central Avenue.
MOTION by Councilman Schneider to authorize the appropriate City
officials to execute this joint powers agreement with Anoka County
for the upgrade of the storm sewer along County State Aid Highway
No. 35 (Old Central Avenue). Seconded by Councilman Billings.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
15. RESOLUTIODi NO. 68-1994 ORDERING IMPROVEMENT AND ADVERTISEMENT
FOR BIDS FOR THE CONSTRUCTION OF THE OSBORNE ROAD SANITARY
SEWER EXTENSION, PROJECT NO. 249:
Mr. Flora, Public Works Director, stated that this improvement will
relieve some of the burden of the lift station by installation of
a sewer main connection from the existing main in East River Road
directly to the Metropolitan Waste Control trunk sewer to the east.
He stated that this would relieve some of the burden on the lift
station and provide for an alternate source of discharge should a
power outage or blockage of the main line occur.
MOTION by Councilwoman Bolkcom to adopt Resolution No. 68-1994.
Seconded by Councilman.Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
16. RESOLUTION NO. 69-1994 ORDERING IMPROVEMENT AND ADVERTISEMENT
FOR BIDS FOR THE WASHINGTON STREET WATERMAIN REPAIR PROJECT
NO. 272-
Mr. Flora, Public Works Director, stated that there is a 500 foot
section of water line on Washington Street where there have been
several water breaks. He stated that with this improvement, the
watermain will be replaced and encased in a polyethylene film in
order to protect it from corrosive soils.
MOTION by Councilman Billings to adopt Resolution No. 69-1994.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
�—
`r
;
FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 19
17. .INFORMAL STATUS REPORTS: • �•
Mr. Burns, City Manager, stated that there were no informal status
reports.
18. CLAIMS- . . _ •
� � '� � �'� M�TTON' �by� ���ounci�Tman � Billirigs��to atithorize payiii2nt"'o"f �Cl'aim� Nos'.�'� '�'"'� � � ' '
� 57056 through 57307. Seconded by Councilwoman Bolkcom. Upon a�
� voice vote, all voting aye, Mayor Nee declared the motion carried
; unanimously.
19. LICENSES•
MOTION by Councilman Billings to approve the licenses as submitted
and as on file in the License Clerk's Office. Seconded by Council-
woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
20. ESTIMATES•
MOTION by Councilman Schneider to approve the estimates as
submitted:
Innovative Irrigation
10006 University Avenue N.W.
Coon Rapids, MN 55448
1994 Corridor Maintenance
Project No. 266
FINAL ESTIMATE . . . . . . . . . . . . . . . $ 3,865.15
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Coon Rapids, MN 55433
Statement for Services Rendered
as City Attorney for the Month
of July, 1994 . . . . . . . . . . . . . . . . $ 5, 987 . 71
Schmidt Curb Company
21504 Ahlstrom Avenue
Rogers, MN 55374
1994 Miscellaneous Concrete Curb
Gutter & Sidewalk
Project No. 262
Estimate No. 3 . . . . . . . . . . . . . . . $ 9, 337. 55
FRIDLEY CITY COUNCIL MEETING OF AUGUST 15, 1994 PAGE 20
Lunda Construction Co.
620 Gebhardt Road
Black River Falls, WI 54615
Locke Lake Dam Restoration
Project No. 211
Estimate No. 3. ... . . . . . . . . . . . $49,358.67
.... .. .. .. .... .. �- .. � .. ..... ... .., ..._ .. .. ... .......... , , . ... . . . - . .. ..
W.B. Miller, Inc. �
6701 Norris Lake Road N.W.
Elk River, MN 55330
Street Reconstruction - Stinson Boulevard
Project No. ST. 1993-7
Estimate No. 1 . . . . . . . . . . . . . . . $34,278.47
Bituminous Consulting & Contracting Co.,
2456 Main Street N.E.
Minneapolis, MN 55434
Concrete Street Repair - Kerry Lane
Project No. ST. 1994-12
Estimate No. 1 . . . . . . . . . . . . . . . $32, 633. 45
Seconded by Councilwoman Bolkcom. Upon a voice vote, al1 voting
aye, Mayor Nee declared the motion carried unanimously.
ADJOURNMENT•
MOTION by Councilman Billings to adjourn the meeting. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of August 15, 1994 adjourned at
10:25 p.m.
Respectfully submitted,
Carole Haddad
Secretary to the City Council
William J. Nee
Mayor
� _
�
.
DATE:
TO:
FROMt
SUBJECT:
Introduction
Community Development Department
PLarnvirrG D�SION
City of Fridley
September 1, 1994
��.
William Burns, City Manager �
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Steven Barg, Planning Assistant
Request for Amendment to Fridley City Code 213
(Fences)
Bruce Ackland, Vice-President of Certified Auto Recovery located
at 3737 East River Road, recently submitted the attached letter
requesting that the City amend Fridley City Code Chapter 213 to
permit fences charged with electrical current. This property is
located in an M-2 (Heavy Industrial) zoning district.
Background
Presently, Chapter 213.03 (copy attached) clearly prohibits
construction of any fence "which is charged or connected with an
electrical current in such a manner as to transmit said current to
persons, animals, or things which might come in contact with same".
Chapter 213 provides no variance procedure for the provisions of
this code section.
Earlier this year, staff became aware that the Salvage Center had
constructed an electric fence within its perimeter screening fence.
Christine Wilson, manager of this facility, informed staff that the
fence is charged with 7,000 volts of electrical current, but she
added that this is not sufficient to harm people or animals. Ms.
Wilson stated that the fence's primary purpose is to serve as an
alarm system and that intrusions are detected by security staff.
Research
Staff contacted seven neighboring suburbs and determined that four
of these communities (Blaine, Brooklyn Park, Coon Rapids, and New
Brighton) prohibit fences charged with electrical current, while
three others (Brooklyn Center, Columbia Heights, and Mounds View)
do not have any ordinance language which specifically addresses
this issue.
Certified Auto Recovery Request
September I, 1994
Page 2
Recommendation
Staff strongly recommends against adopting an ordinance amendment
permitting fences charged with an electrical current for the
following reasons:
1. The use of fencing charged with an electrical current poses
a potential threat to the health and safety of the City's
residents. Even if the amount of current is insufficient to
cause substantial harm in most situations, there are special
cases (such as small children, persons with heart problems,
etc.) in which greater injury is possible.
2. Staff has not received any similar requests for an ordinance
amendment permitting electrical fencing, nor is staff aware
of other property owners using or considering such fencing.
SB:sb
CEM-94-79
�
�
AUG 0 4 �g94
C,A, R,
CERTIFIED AUTO RECOVEfN
August 2, 1994
William Burns
City Manager
City Of Fridley
6431 University Ave, NE
Fridley, MN 55432
Dear Sir:
We would like to request to the council for modification of your
City Code 213.03 prohibiting electrically charged fences.
We would also like for you to delay enforcement action until this
request can be heard.
Thank you for your help and consideration.
Sincerely,
� -'����
Bruce R. Ackland
Vice President
BRA/7J
�
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C/vv
1B
3737 East River Road • Minneapolis, MN 55421 • 1-612-781-7401 • WATS 800-842-2675 • FAX (612) 781-4515
213. FII�1�5
(Ref. 180)
213.01. DEFINITDON
As used herein the term "fence" means and includes a structure or
partition erected for the purpose o� enclosing a pieoe of land or to
divide a piece of land into distinct portions. The term "fence"
includes an enclosure about a field or any other place, and
especially an enclosing structure of wood, iron or 'other material
intended to preves�t intrusion fron without or straying from within.
(Ref . 180 )
213.02. PRIVA'LE NULSANCE
ArYy fence maliciously erected or maintained for the purpose of
annvying the owners or occupants of adjoining property shall be
deeaed a private nuisance. Any such owner or occupant injured,
either in his or her comfort or in the enjoyment of his or her
estate by such fence, may have an action of tort for the damage
sustained hereby and may have such nuisance abated.
213.03. P�i�IT�ON
It shall be �mlawful for any person to construct and maintain or
allow to be oonstructed or maintained upon any property located
within the limits of the City of Fridley ariy barbed wire fence, or
any fence of inetal construction or otherwise, which is charged or
connected with an electrical current in such a n�anner as to transnit
said current to persons, animals or things which might come in
contact with same.
213.04. 7AT LII�iES
Whenever a fence is or shall be located upon any preqnises abutting
public property, whether the same be a street, alley, public way or
othenaise, the City may require the aar�er of the property upon which
a fence now exists or is to be located to establish lot lines upon
said property through the placing of permanent stakes located by a
lioensed surveyor and otherwise approved by the Council. In any
case, no survey is necessary and a permit for the same when required
may be issued on certificate or affidavit of the applicant that he
or she is the owner of the pra�ises upon which such fence lies or is
to be located.
213 . 0 5. IACATIO[d
All fences must be located entirely �n the private property of the
person, firm or corporation constructing the sar�e or causing the
fence to be so constructed and erected, except that adjoining
property owners may agree in writing that said f ence shall be
located on the division line of their said properties.
�
213.05.
DEFINITION
I:; i\i f:�� � i i��' �:� � I r�i
. ... �• .�
�� �►��.
LOC'ATION
213-1
213.06. SUBSTANI'IAI. �I�S'�iUCTION AI�ID ABAZ�NP
�ery fence, whensoever and howsoever constructed, shall be
oonstructed in a substantial manner anc� of a substantial material,
reasonably suitable for the purpose for which the fence is proposed
to be used. E�ery fence shall be maintained in a condition of
reasonable re�air and shall not by reason of age, decay, accident or
otheLwise be allaaed to become and renain in a state of disrepair so
as to be or tend to be a nuisance to the injury of the public or ariy
abutting property. Any fence which is dangerous by reason of its
v�nstruction or state of disrepair or is otherwise injurious to
public safety, health or welfare is a nuisance; and any such fence
which has beoome or tends to be a nuisance shall upon order of a
oanpetent oourt be repaired or removed as necessary to abate the
nuisance caused or tending to be caused thereby.
213.07. Pf�NALTII'S
Any violation of this C�apter is a misdeaeanor and is subject to all
penalties provided for such violations under the provisions of
thapter 901 of this Code.
11J
213.07
.
•� r•. •
• �. • • a i�
PII�1�ILTIFS
213-2
_
_
C��TY OF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UN(VERSITY AVE. N.E. FR[DLEY, MN ii�32 • �61?) 571- �-i50 • FAX (61?► S71-I?87
August 19, 1994
Mr. Bruce Ackland, Vice President
Certified Auto Recovery
3737 East River Road N.E.
Fridley, MN 55421
Re: Property at 3737 East River Road N.E.
Dear Mr. Ackland:
This letter is to confirm the information which we discussed in our
recent telephone conversation. At that time, I stated I would
reschedule consideration of your request for amendment to Fridley
City Code Chapter 213 (Fences) to the September 6, 1994 City
Council meeting. Please plan on attending this meeting which will
be held beginning at 7:30 p.m. in the Council Chambers at the
Fridley Municipal Center.
Please feel free to contact me at 572-3595 if you have questions
or wish to discuss this further.
Sincerely,
Steven Barg
Planning Assistant
SB:ch
CE-94-422
1E
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Engineenng
Sewer
waler
P�rks
$trc;els
MainSBnenc�.
ME MORANDUM
TO: William W. Burns, City Manager�f �
�r
FROM: John G. Flora,�Public Works Director
DATE: August 19, 1994
SUBJECT: Main Street improvement Project
PW94283
+ s
The Anoka County Highway Department initiated a project (CP 89-28-102) to reconstruct Main
Street (CR 102) from 44th Avenue N.E. to the I-694 overpass. Based upon the Co�nty's cQSt ��
participatian formula and the storm water improvements associated with the Main Street surface
water problem, the improvement cost to the City amounts to $242,704.26.
The City has been following a policy of assessing concrete curb and gutter at a fixed rate.
From 1992 to the present, the figure has been $8.00 per front foot. In 1973, by resolution the
Council established a policy of assessing storm water improvements at a�gure of $800 per
residential lot, or a maximum of $8.00 per 100 square feet for other types of property. On a
number of,projects, the City has also assessed bikeway/walkway/sidewalk improvements to the
abutting properties.
This area had some minor storm water assessments in 1957, 1960 and 1966. Those
assessments essentially provided for the storm water system in the residential neighborhood
between University Avenue and Main Street. It also provided for a storm pipe from I-694 down
along the railroad right-of-way. Based upon our analysis of the history, it appears that the
properties were assessed a maximum of $3.05 per square foot for all the storm water
improvements in 1966. Some properties were only assessed in 1957 at $0.32 per 100 square
feet, and some in 1960 for onfy $1.04 per 100 square feet. Our records indicate that there are
some properties that have never been assessed.
Consistent with the past policy, it is proposed to assess the storm water, concrete curb and
gutter, and bikepath improvements. In reviewing the surface water drainage in the area, ttie
storm system currently being installed is to pick up the surface water runoff that enters Main
Street from the industrial properties to the west. Accordingly, it would be appropriate to only
assess a portion of those properties. As a means of establishing an area, we have
defined that only 75 percent of the properties drain to the street as a reasonable area
in which the surface waters are collected on Main Street. �
2 €�
Main Street Improvement
August 22, 1994
Page 2
The concrete curb and gutter project would be assessed to the thirteen industrial properties on
the west side of the street and 32 residential properties that front on the east side of Main
Street.
The bikeway would be assessed to the �2 industria! properties that abut the pathway.
Based upon the above figures, it is proposed that the City contribute approximately $20,000 to
the overall project. Staff recommends that the City Council approve the preliminary
assessments amounting to $222,850.60 for the City's portion of the Main Street improvement
project between 44th Avenue and I-694.
JGF:rsc
2A
�
�r7 � 8 !�d�
� BURLINGTON NORTHERN RAILROAD
�
Marketing & Property Services
4105 Lexington Avenue North
Suite 200
Arden Hills, MN 55126
Tel . 612-490-6160
Fa x 612-490-6167
August 4, 1994
Mr. William J. Nee
Mayor
Ms. Ann Bolkcom _
Councilmember, Ward III
City of Fridley
Fridley Municipal Center
6431 University Avenue N.E.
Fridley, Minnesota 55432
Dear Mayor Nee and Councilmember Bolkcom:
For your review attached is copy of my August 3 letter to Mr. Clyde V. Moravetz
of the City of Fridley concerning the proposed pathway along Main Street. That
letter and yours of August 2 addressed to Mr. Richard A. Kraus of this office
crossed in the mail. My August 3 correspondence provides the current status of
the pathway as it affects railroad land. �
As you shall note we are pursuing the request for the 10 ft. wide strip as
requested by Mr. Moravetz ( segment located between the A.P.I. Supply Company
property to a point southerly of 49th Avenue NE). The requested 15 ft. wide strip,
lying southerly therefrom down to 47th Avenue NE, is a part of the land under
contract for sale to Murphy Warehouse Company. Due to that contractual
commitrr�ent, we no longer can consider granting an easement over it. That
segment will now require Murphy's approval. Since we expect to close that sale
earty next week, it is suggested that you work directly with them for those
easement requirements.
Si
// �
r•uce E. pp
Manager, Property S
�
� BURLINGTON NORTHERN RAILROAD
Marketing & Property Services
4105 Lexington Avenue North
Suite 200
Arden Hills, MN 55126
Tel. 612-490-6160
Fax 612-490-6167
August 3, 1994
Mr. Clyde V. Moravetz
Engineering/Cable Television Administrator
�iY;� �f Ri idl�y
Civic Center
6431 University Avenue Northeast
Fridley, Minnesota 55432
Re: Pathway Easement Request
Dear Mr. Moravetz:
I am in receipt of the pathway easement along Main Street N.E. in Fridley. The
document was brought to this office on Monday.
As it relates to the 10 ft. wide strip, I shall review a proposed grant with our Ft.
Worth office. Assuming they are agreeable to a donation, I will forward a letter
agreement for signature by the City to cover general terms that the railroad will
want included in the easement document.
Concerning the request for the 15 ft. wide strip, we have a contract covering the
sale of that property to Murphy Warehouse Company. i am anticipating that the
land transaction will be completed during the week of August 8. Due to the
advanced stage of that sale proposal, the railroad is unable to work witla the City
on that� particular parcel. If you require use of that land for pathway purposes, you
shall need to contact Murphy Warehouse and determine if they may be willin� to
provide a grant.
Sincerely,
Bruce E. Opp
Manager, Property Services
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C.C.
Mr. John C. Holman
5400 Main Street
Minneapolis, MN 55421
Dear Mr. Holman,
• �`�
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JUL 2 7 ����
I live on the 5400 block on Main Street across from All-Temp.
I've lived here for six years now. I'm aware of the proposal for
construction of Main Street, there's no dought we need a new street
(with runoff } . �--�'�
I also like the vines on the fence and the trees, it would be
a shame to take them down.And would rather see the bike path alang
the curb, but! I don't understand your worries about your property
scenery and not your neighbors such as I, truckers are parking
their rigs on Main Street and let them idle all night, early
mornings and everything in our homes rattle and drives us crazy.
But even worse are all your truckers idle their rigs and the
diesel fumes and smoke rolls across the street into our homes, you
can't even open windows at times, let alone try to get a,,breath of
air. Yes, its that bad, and I'm sure Mr. Holman your aware of it.
I've talked to Ms. Bolkcom and others. I find it hard to support
you when all you seem to worry about is scenic views and not the
people across the street that are being harmed.
Mr. Holman, you should learn to take care of some real
problems that exist first!
Sincerely,
Concerned Citizens
ALwp,YS oN roP
CENTRAL ROOFIN6 COMPANY
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— SINCE 1929 — Fax �s�2� s�2-o2so
4550 MAIN ST. N.E., MINNEAPOLIS, MN 55421
August 15, 1994
Wiiliam J. Nee, Mayor
Ann Bolkcom, Councilmember, Ward 111
City of Fridley
Fridley Municipa! Center
6431 University Avenue NE
Fridley, Mn. 55432
Reference: i�roposed i�iain Sireei 8ikewav
Dear Mayor Nee and Councilmember 8olkcom,
Roofing and Sheet Metal Work • Waterproofing
Thank you for your recent letter on the proposed bikeway along Main Street. In previous
discussions with Clyde Moravetz, I outlined my co�cerns with the bikeway. Once we reach
agreement, I will be happy to support the bikeway.
Mr. Moravetz has indicated the City would underwrite any costs associated with our undergrou�d
sprinkler system. When the representative from Anoka County came in to speak with me, he tofd
me that their contractor would be building the bikepath. He also said that any expenses relating to
the sprinkler system would be left to us. This is not acceptable.
I am concerned with liability issues should someone using the path get hurt on our property for any
reason. In all likelihood our sprinkler system will be used to water the lawn on b:oth sides of the
bikeway. This could cause someone to slip and fall or be sprayed while on the path.
Our corporate sign is composed of concrete block. It will be lo�ated within five feet o� so of the
bikeway. I am worried that someone using the bikeway may run into it and injure themselves.
I want the City to indemn�fy us for any and all claims that may arise in the future trom someone
being injured while o� our property. If the City can do this and assume the expense of any
sprinkler relocating, 1 wilt wefcome the bikeway. ,,
Sincerely,
CENTRAL ROOFING COMPANY
��.�;;�� j1'� . ��.�ei►�
Anthony M. Spigare{li
President
-- �—� �� — 1 — � 4 h1 C� ha l- = = — — ' � F' - �_� �
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�eY
�4T�;uu�n�r
August 1, 1994
Fridley City Cauncil
RE: Bike Path alor�g Main Street
Dear Council Members:
We have been asked to grant a.right of way #or the proposed �ike path along the west
side of Main Street.
I have a concern that the proposed bike pat#� may actua!!y create a worse safety
�ondition than exists today.
f would ask #hat befor� any decision is made, the city should salicit the apinions of
iraffic safety experts t�� determine; (1} whefher a s�parate bike pat� is actually safer
fi�an a designated area on #I�e east side of Main Street; (2} whether it is wise to draw
neighborhood traffic across Main Street to access the bikepath; ;3) what safiety
problems ate created by placing a bike path along businesses that generate extreme
truck and passenger car traffic.
rt seems that if safiety :s in fact the primary concern, there wauld be more diligence in
ir�suring the current bi#;s (anes were clearly marked. Perhaps if the City designated
adequaie furding to maintain the stripes, the resu(# �votrld be a safer situation at far fess
expense.
If fhe purpose is to provid� a more p)easant biicing experience than Main Street
provides, consfruct the path dlong the BUrlington No�hern tracks on the west side of
our praperties. I t�vould readily support this �Iternative,
Sincerely,
�� �
O.�vid W. Goodwin
PresidEnt
57 30 M�irl �itr'CC2 Nor-Ihe3�t • Minneapoiis. Minnesot�� 554L 1• F 1;�-C„� � nnn . c�. �_- ,- ,., --..-, , . �
`, ,
August 8, 1994
City of Fridley Civic Center
Mr. Clyde V. Moravetz
6431 University Avenue Northeast
Fridley, Minnesota 55432
Dear Mr. Moravetz:
�. � ���
Safetran systems
Safetran Systems Co�poration
Electro-Mechanicai Division
4650 Main Street N.E.
Minneapolis, MN. 55421
TEL. (612) 572-1400
In reference to our meeting of last Thursday, August 4, 1994. There are points that remain in our
discussion, which I will cover in this letter. On advise from aur attorney's, the access to our
driveway by the bicycle path would be unacceptable, as would any cutting of our mature trees on
the easement granted by Safetran Systems Corporation in 1985.
Because the proposed bike way will be cutting across the beautifully landscaped grounds of our
corporate headquarters, we would appreciate the city to grant Safetran Systems Corporation
some latitude in the surfacing of the proposed bike path, that it not detract from the beauty of the
surroundings and is in keeping with our corporate image.
I a�n enclosing a proposed route to be takeri by the bike path for your comments.
Sincerely,
M.L. Keefe,
Executive Vice President
MLK/eb
cc: William Burns - City Manager
William J. Nee - Mayor
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■ Supply Company
� 5110 Main Street NE P.O. Box 648
Minneapolis, MN 55440
(612) 571-5100 • FAX (612) 571-5186
August 26, 1994
Ann Bolkcom
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
Dear Ann:
The purpose of this letter is to formally state our opposition to the location of the proposed
bike bath along the west side of Main Street between 44th Avenue and Interstate 694. We
think that a safety/traffic study should be performed before proceeding with the bike pat�
construction.
We feel that the city is imposina an unnecessary safety hazard on the businesses along the
west side of Main street. From Interstate 694 to 49th Avenue, tllere are 14
driveways/business entrances that generate very high volumes of car and truck traffic on a
daily basis. This does not include the traffic which will be generated by the Murphy
warehouse now under constrt�ction. Our location alone generates between one hundred and
two hundred ins and outs a day with personal and truck traffic. By proceeding with the
proposed bike path on the west side of the street, you will be exposing people using the path
to unnecessary safety issues and you will be exposing the businesses to unnecessary
insurance/safety issues.
WP think ±hat it ��,o,.i� be in thP best interes±s of tl�e Cir,� �` Fridle•,� a;,�? the affe�i�� Fri�ley
businesses to take a closer look at the safety issues invol��ed.
Sincerely,
%�, - __ �� %� / �-__ _
Bryan L. Kuha
Conti-oller
cc: David Goodwin, Dealers Manufacturin�
John Flora, City of Fridley
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DATE:
TO:
FROM:
SUBJECT:
Community Development Department
PLa�rrG D�SION
City of Fridley
September 1, 1994
William Burns, City Manager
��
A�
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Special Use Permit Requests for Gordon Hedlund, SP
#94-03, SP #94-04, and SP #94-05; Riverview
Heights
The City Council tabled the above special use permit requests at
its July 25, 1994 meeting to resolve the stipulation regarding
the height of the structures. Mr. Hedlund recently passed away,
and staff has been workinq with his nephew, Mitch Moe, to resolve
the remaining stipulation regarding the building height. Mr. Moe
has agreed to a height restriction as measured from the street
elevation as opposed to the elevation adjacent to the structure.
Staff recommends that the City Council approve the special use
permit requests as proposed with the attached stipulations, and
with the added stipulations for each request.
l. The height of the dwelling shall not exceed 30 feet as
measured from the street elevation of 818.25 feet for
SP #g4-03 (Buffalo Street).
2.
3.
MM/dn
The height of the structure shall
measured from the street elevation
SP #94-04 (Cheryl Streetj.
The height of the structure shall
measured from the street elevation
SP #94-05 (Dover Street.
M-94-512
not exceed 30 feet as
which is 817.25 feet for
not exceed 30 feet as
which is 818.54 feet for
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SP 4�94-03, -04, and -OS
Gordon Hedlund
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�OCATI�N MAP
Stipulations for Special IIse Permit, SP #94-03
Lots 12 and 13, Hlock Y, Riverview Heiqhts
Generally located on the south side of Buffalo Street
East of Riverview Terrace
Gordon Hedlund
l. The petitioner shall submit an elevation certificate in
addition to a verifying survey prior to the foundation being
capped, which shall verify that the minimum first floor
elevation is 824.
2. The petitioner shall flood-proof the garage in accordance
with current federal and state flood-proofing requirements
to a minimum of the 100 year flood elevation.
3. The fill placed on the property shall extend a minimum of 15
feet from the proposed dwelling unit.
4. The builder shall grade the property to conform with the
engineering plan dated May 23, 1994.
5. The verifying survey shall confirm that the grading complies
with the plan dated May 23, 1994.
6. Rip-rap shall be placed at the end of the swale adjacent to
Buffalo Street.
7. Erosion control measures shall be installed along the west,
south, and east lot lines.
8. The petitioner shall submit retaining wall plans that have
been signed by a structural engineer. The retaining wall
shall be constructed of concrete or stone.
9. The petitioner shall execute and record against the property
a hold harmless agreement releasing the City from liability
if damage occurs as a result of flooding.
10. The petitioner shall grant a 10 foot flood control, street,
utility, and drainage easement along the west lot line.
11. The grading and drainage plan shall indicate the number of
trees to be preserved.
12. The petitioner shall sign a Combination Form, combining the
property into one tax staternent prior to building permit
issuance.
,
�' `, '� „'� `-� SP 4694-
T -1 �, e� � Gordon .
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8tipulations for Special IIse Permit, SP �94-04
Lots 29, 30, and 31, Block B, Riverview Heiqhts
Generally located on the south side of Cheryl Street
West ot Broad Avenue
Gordon Hedlund
l. The petitioner shall sub�it an elevation certificate in
addition to a verifying survey prior to the foundation being
capped, which shall verify that the minimum first floor
elevation is 823.9.
2. The petitioner shall flood-proof the garage in accordance
with current federal and state flood-proofing requirements
to a minimum of the 100 year flood elevation.
3. The fill placed on the property shall extend a minimum of 15
feet from the proposed dwelling unit.
4. The builder shall grade the property to conform with the
engineering plan dated May 23, 1994.
5. The verifying survey shall confirm that the grading complies
with the plan dated May 23, 1994. The retaining wall
indicated on the plan shall be constructed of concrete or
stone.
6. Erosion control measures shall be installed along the west,
south, and east lot lines.
7. The hold harmless agreement shall be amended to require the
property owner to maintain the stormwater catch basin and
pipe.
8. The petitioner shall execute and record against the property
a hold harmless agreement releasing the City from liability -
if damage occurs as a result of flooding.
9. The grading and drainage plan shall indicate the number of
trees to be preserved.
10. The petitioner shall sign a Combination Form, combining the
property into one tax statement prior to building permit
issuance.
11. The dwelling shall be constructed in the location proposed
on the grading plan.
3D
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SP ��94-04
� � � �� � �� Gordon Hedlund
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Stipulations for Special Use Permit, SP �9s-05
Lots 13, 14, 15, and 16, Block V, Riverview Heiqhts
Generally located on the north side Dover Street
West of Broad Avenue
Gordon Hedlund
1. The petitioner shall submit an elevation certificate as
of a verifying survey prior to the foundation being cap
which shall verify that the minimum first floor elevati
824.1.
2. The petitioner shall flood-proof the garage in accordance
with current federal and state flood-proofing requirement
to a minimum of the 100 year flood elevation.
3. The fill placed on the property shall extend a minimum of�
feet from the proposed dwelling unit.
4. The builder shall grade the property to conform with the
engineering plan dated May 23, 1994.
5.
rt
,
is
15
The verifying survey shall confirm that the gradinq compl�es
with the plan dated May 23, 1994.
6. Erosion control measures shall be installed along the wes�,
south, and east lot lines.
7. The petitioner shall execute and record against the prope ty
a hold harmless agreement releasing the City from liabili y
if damage occurs as a result of flooding.
8. The grading and drainage plan shall indicate the number o
trees to be preserved.
9. The petitioner shall sign a Combination Form, combining
property into one tax statement prior to building permit
issuance.
3F
• �G�DON KGTJw�p—
FtEREBY CENTIfT 1MAT THIS SURYEY. ►LAN OR NEP08T
i�5 PRE►AAED BT 4Y Ofl UNDER YY 018ECT SURVERVIS1oN
�; ��r A SkTeRE01�;ER SOT� SuB�EYOa Ut�EN
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huRTH Su�2vE'fIN�. ►NC, � - IKUh Munuw�n�
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FRIDLEY CITY COIINCIL MEETZNG OF JULY 25, 1994 PAGE 2
Ms. Griep stated that persons who wish to participate an contact
Julie Swanson at 572-3634.
APPROVAL OF MINUTES:
COUNCIL MEETING, JULY 11, 1994:
MoTION by Councilman Schneider to approve t e minutes as presented.
Seconded by Councilwoman Jorgenson.
MOTION by Councilman Schneider to am d the minutes by inserting
the following language, after paragr h five on Page 10: "Council-
man Schneider stated that under t existing code, they would be
allowed two four-foot directional�signs." Further, to correct the
Roll Call Vote an Page 14 to ind' ate that Councilwoman Bolkcom and
Councilman Billings both vote against the motion and the motion
carried by a 3 to 2 vote. econded by Councilwoman Jorgenson.
Upon a voice vote, all vot' g aye, Mayor Nee declared the motion
carried unanimously.
UPON A VOICE VOTE TAKE ON THE MAIN MOTION, all voted aye, and
Mayor Nee declared the motion carried unanimousZy.
ADOPTION OF AGENDA:
Mayor Nee reques d an item be added: (2) Set November 14, 1994 as
a Special City ouncil Meeting to receive the canvass from the
election.
MOTION by C ncilman Schneider to adopt the agenda with the above
addition. econded by Councilwoman Jorgenson. Upon a voice vote,
all voti aye, Mayor Nee declared the motion carried unanimously.
The e was no response
b iness.
OLD BUSINESS:
from the audience under this item of
1. RECEIVE ITEMS FROM THE PLANNING COMMISSION MEETING OF JUNE 1
1994 (TABLED JULY 11, 1994):
Mayor Nee removed these three items from the table.
A. SPECIAL USE PERMIT REQUEST, SP #94-03, BY GORDON HEDLUND, TO
ALLOW CONSTRUCTION IN THE CRP-2 (FLOOD FRINGE), GENERALLY
LOCATED ON THE SOUTH SIDE OF BUFFALO STREET EAST OF RIVERVIEW
TERRACE-
31
�
�
BROAD AVENUE•
BROAD AVENUE•
0
Ms. Dacy, Community Development Director, stated that t ese
requests for specia� use permits were tabled at the last Cou cil
meeting to allow the petitioner time to analyze the impact f a
height restriction on these properties. She stated that the
petitioner has not submitted any additional building plans but has
reiterated his feelings from the last Council meeting that he el�
the height stipulation was too restrictive.
Ms. Dacy stated that staff has reviewed house plans which have een
constructed in other parts of the flood plain area. She st ted
that if the 30 foot height is measured from the existing st eet
elevation, a split level and two-story home would not meet the
height requirements; however, a one story rambler could be
constructed to conform with the maximum height.
Ms. Dacy stated that staff reviewed the definition of build'ng
height and measured the elevation at the front of the buildi g.
She stated that this is at 822 feet, and any house plans could be
constructed within the 30 foot height limit. She stated that st ff
is recommending a stipulation that the maximum height be measu ed
from the 822 foot elevation on all three lots.
Mr. Hickok, Planning Coordinator, submitted some typical build ng
plans showing a rambler, a split entry, and a two-story which co ld
be constructed within the 30 foot haight requirement if ineasu ed
from 822 feet. Fie stated that a non-traditional two-story may be
31 feet high.
Ms. Dacy stated that Mr. Hedlund, the petitioner, contacted er
this morning to say that he was in the hospital and received a c py
of the staff report. She stated that he indicated he had no
objection to the proposed stipulatian that the maximum height be
measured from the 822 foot elevation. She stated that Mr. Hedl nd
advised her that if the Council rewords this stipulation, he wo ld
like the action tabled until he can attend the meeting.
Councilwoman Bolkcom stated that if the height is measured from e
street elevation, Mr. Hedlund could not build a majority of the e
homes.
Ms. Dacy stated that is correct, as two of the three designs wo
be over the 30 foot height limit. She stated that Mr. Hedlund
3J
}
FRIDLEY CITY COUNCII, MEETING OF JULY 25, 1994 PAGE 4
advised her that if the elevation is measured from the street, he
would object.
MOTION by Councilwoman Bolkcom to table Special Use Permit Request,
SP #94-03. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilwoman Bolkcom to table Special Use Permit Request,
SP #94-04. Seconded by Councilman Schneider. Upon a vvice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilwoman Bolkcom to table Special Use Permit Request,
SP #94-05. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
2.
A.
RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF
JUNE 29, 1994 (TABLED JULY 11,1994): °
1350 GARDENA AVENUE N.E.:
Mayor Nee removed this item from the table
Ms. Dacy, Community Development
July 11 Council meeting a number
reviewed staff's response to these
regard to the question on the plat
#86-06, Valley Oaks, there was
assessments. She stated that a
this plat in 1987, but there as
Council on the plat.
Di
of
n
-ec or, stated that at the
estions were raised. She
stions. She stated that in
�mitted by Charles Cook, P.S.
issue with the storm water
ic hearing was conducted on
o final action taken by the
Ms. Dacy stated that in r sponse to the question on the size of
the Innsbruck Nature Cen er, it is 24 acres and was dedicated as
a park in 1971. She s ted that the original land area for Pecks
Woods was at least 64 acres extending from Rice Creek Road on the
north to 49th Aven� and Highland Lake to the south, into New
Brighton on the ea� , and approximately along the Matterhorn Drive
alignment on the ,�iest.
Ms. Dacy stat that in response to the question regarding Arthur
Street, it w s constructed in 1972 and was part of Pecks Woods.
She stated hat in conversations with Mayor Nee, the Council in
1964 info ally discussed acquisition of the wooded area north of
I-694, b t the cost was prohibitive. She stated that a portion of
Island of Peace park was acquired this same year. She stated that
the dication of Innsbruck Nature Center in 1971 preserved 24
acr of the original Pecks Woods.
3K
TO: WILLIAM W. BURNS, CITY MANAGER 1C-��
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
PAUL S. HANSEN, STAFF ACCOUNTANT
SUBJEGT: RESOLUTION ADOPTING A"PROPOSED" BUDGET FOR
FISCAL YEAR 1995
DATE: August 24, 1994
In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached i� the
"proposed" 1995 Preliminary Draft Budget.
Chapter 275 requires the Ciry to certify,a "proposed" budget to the County Auditor pri�r to
September 15.
We request the City Council pass the attached resolution and adopt the 1995
Budget.
RDP/ph
Attachment
RESOLUTION NO. - 1994
A RESOLUTION ADOPTING A"PROPOSED" BUDCET
FOR THE FlSCA! YEAR 1995
WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an
annual budget; and
WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City shall adopt a
proposed budgei before September 15; and
WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that such "proposed" budget be
certified to the County Auditor,
NOW THEREFORE, 8E IT RESOIVED that the following "proposed" budget be adopted and approved:
GENERAL FUND
7axes and Special Assessments:
Current Ad Valorem
Delinquent, Penalties,
Forfeited
Special Assessments
Licenses and Permits:
Licenses
Permits
Intergovernmental:
Federal
State -
Homestead and Agriculture
Credit Aid
Local Govemment Aid
All Other
Charges for Services
Housing and Redevelopment Authority
Water Fund
Sewer Fund
Storm Water Fund
Liquor Fund
Cable N Fund
Construction Funds
Fines and Forfeits
Interest on Investments
Miscellaneous Revenues
Other Financing Sources:
Employee Benefit Fund
Closed Debt Service Fund
Liquor Fund
TOTAL REVENUES AND OTHER
FINANCING SOURCES
Fund Balance:
General Fund Reserve
TOTAL GENERAL FUND
ESTIMATED
REVENUE
$3,489,601
75,104
2,444
148,452
277,486
4,562
1,067,981
1,584,149
452,061
261,064
179,607
128,951
93,580
29,838
67,359
20,445
32,063
221,867
515,000
85,454
50,000
266,526
75,000
s, � 2s,ssa
820,753
39.949.347
4A
Legislative:
City Council
Planning Commissions
Other Commissions
City Management:
General Management
PerSOnnel
Legal
Finance:
Elections
Accounting
Assessing
MIS
City Clerk/Records
Police:
Pol'�ce
Civil Defense
Fire
Public Works:
Municipal Center
Technical Engineering
Traffic Engineering
Street Lighting
Public Works Maintenance
Recreation:
Recreation
Naturalist
Community Devetopment:
Building Inspection
Planning
Reserve:
Emergency
Nondepartmental
APPROPRIATIONS
$100,328
3,461
s,s»
309,895
97,592
220,000
0
517,454
142,280
159,355
104,709
3,152,714
9,634
788,638
187,319
493,882
202,700
645,541
1,187,576
582,885
255,213
181,455
317,422
�ss.000
97,677
59.949.347
SPECIAL RE�/ENUE FUNDS
Cable N Fund
Grant Management Fund
Solid Waste Abatement Fund
Fund Balance
70TAL SPECIAL REVENUE FUNDS
CAPITAL PROJECTS FUNDS
Capital Improvement Fund
Taxes — Currerrt Ad Valorem
Interest on Investrnents
Donations
State Aid Construction
Fund Balance
TOTAL CAPITAL PROJECTS FUNDS
AGENCY FUND
Six Cities Watershed Fund
Taues — Current Ad Valorem
TOTAL AGENCY FUND
TOTAL
$99,188
208,201
231,754
28,744
5567,887
$85,550 Generai Capital imp�oveme.nt
34t,204 Streets Capital Improveme�t
10,000 Parks Capital Improvement
650,000
22,746
51.109.500
$3,500
as.soo
$11.630.234
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
SEPTEMBER, 1994
ATTEST:
WILUAM A. CHAMPA - CITY CLERK
. �
WILLIAM J. NEE - MAYOR
$� 15,494
$1�,000
7 ,000
1 2,500
DA`Y OF
TO: WILLIAM W. BURNS, CITY MANAGER ��
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
PAUL S HANSEN, STAFF ACCOUNTANT
SUBJECT: RESOLUTION CERTIFYING "PROPOSED" TAX LEVY
REQUI�REMENTS FOR 1995 TO THE COUNTY OF ANOKA
FOR COLLECTION
DATE: August 24, 1994
In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached �s a
resolution certifying "proposed" tax levy requirements to the Anoka County Auditor.
Chapter 275 requires the City to certify it's "proposed" tax levy requirements prio# to
September 15. �
The 1995 "proposed" ta�c levy of $3,667,686 represents a 0% increase over the 1994
We request the City Council pass the attached resolution to certify the "proposed"
levy requirements.
RDP/ph
Attachment
RESOLUTION NO. - 1994
A RESOLIITION CERTIFYING ��PROPOSED'� TA$ LEDY
REQUIREMENTS FOR 1995 TO THE COIINTY OF ANORA
WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the
City to certify it's "proposed" tax levy requirements to the County
Auditor;
NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to
the County Auditor of the County of Anoka, State of Minnesota, the
following "proposed" tax levy to be levied in 1994 for the year
1995.
GENERAL FUND
General Fund
CAPITAL PROJECT FUND
Capital Improvement Fund - Parks Division
AGENCY FUND
Six Cities Watershed Management Organization
TOTAL ALL FUNDS
$3,592,295
$ 72,689
S 2.702
$3.667,686
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF SEPTEMBER, 1994.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
5A
WILLIAM J. NEE - MAYOR
� [, Community Development Departme t
� PLANNING DIVISION
City of Fridley
DATE: September 1, 1994 n_
�r
TO: William Burns, City Manager
��r-
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT: Resolution Approving a Lot Split Request, L.S.
#94-03, by Timothy Strong of Strong Built Homes
1476 and 1490 - 64th Avenue N.E.
The Planning Commission reviewed the lot split request to crea
two single family dwelling lots at its August l0, 1994 meeting
The lot split request is generally located in the northwest
corner of the intersection of Camelot Lane and Arthur Street.
The Planning Commission recommended approval of the request to
the City Council with the following stipulations:
l. The petitioner shall provide the information reguested in
Items a- d prior to the issuance of a building permit.
a. Clarify the amount of fill in the front yard by addi
additional spot elevations and drainage arrows on th
grading plan.
b. Clarify how the shallow ditch section along Arthur
Street will be handled.
c. Provide accurate first floor elevations to insure
proper grades for the sanitary sewer services.
d. Provide an erosion control plan in compliance with
Chapter 208.
2. Water and sewer services shall be provided to the dwell
units.
3. The sanitary sewer connection shall be made via the manho e
located at the intersection of Arthur and Camelot Streets
Timothy Strong, L.S. #94-03
September 1, 1994
Page 2
4. The petitioner shall pay the appropriate connection fees and
SAC charges ($800.00 per unit) at the time of building
permit issuance.
5. The petitioner shall pay a park dedication fee of $750.00
per lot at the time of building permit issuance.
6. The petitioner shall provide a verifying survey prior to the
capping of the .foundation.
7. Prior to City Council action, the petitioner and staff shall
designate which trees shall be preserved and protected
pursuant to the restrictive covenants. As a result of the
field inspection, staff is preparing a map for City Council
review and approval. That map shall be attached to
stipulations as Exhibit A.
The City recently completed the 64th Avenue stormwater
improvement project. As part of the improvements, the
benefitting properties were assessed $1,000 each. The
Engineering Department has requested that these lots also be
assessed. The following stipulation should be added:
8. Each lot shall be assessed $1,000 for the 64th Avenue
stormwater project.
The petitioner also applied for a variance, to reduce the front
yard setback from 35 feet to 20 feet in order to align the new
dwellings with the property to the north. The Appeals Commission
at its August 23, 1994 meeting voted unanimously to approve the
variance request as presented with one stipulation: 1) Lot split
request, L.S. #94-03, shall be approved.
Staff recommends that the City Council approve lot split request,
L.S. #94-03, with the recommended stipulations.
MM/dn
M-94-494
. `
RESOLIITION NO. - 1994
RE30LIITION APPROVING A SIIBDIVISION, LOT
SPLIT, L.B. �94-03, TO SPLIT TWO PROPERTIES
INTO FOIIR SEPARATE PARCELS, GENERALLY LOCATED
AT 1476 AND 1490 - 64TH AVENIIE N.E.
WHEREAS, the City Council approved a lot split at the
, 1994 meeting, and stipulations attached as
Exhibit A; and
WHEREAS, such approval was to split two properties into four
separate lots as follows:
Parcel A•
The west half of the north half of Lot 1, Block 2, Spring Vall
City of Fridley, Anoka County, Minnesota.
Parcel B•
The east half of the north half of Lot l, Block 2, Spring Vall�y,
City of Fridley, Anoka County, Minnesota.
Parcel C•
The southerly 75.00 feet of Lot 1, B1ock 2, Spring Valley, Ci
of Fridley, Anoka County, Minnesota.
Parcel D•
That part of the south half of Lot 1, Block 2, Spring Valley,
lying northerly of the southerly 75.00 feet thereof, City of
Fridley, Anoka County, Minnesota.
These properties are generally located at 1476 and 1490 - 64th
Avenue N.E.
WHEREAS, the City has received the required Certificate of
from the owner; and
WHEREAS, such approval will create four separate parcels.
NOW, THEREFORE, BE IT RESOLVED, that the City Council directs
petitioner to record this lot split at Anoka County within six
months of this approval or else such approval shall be null an
void.
. :
�ey
Page 2- Resolution No. - 1994
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1994.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
�
6V
WILLIAM J. NEE - MAYOR
Page 3- Resolution No. - 1994
EXHIBl]T A
1. The petitioner shall provide the information requested i
Items a- d prior to the issuance of a building permit.
a. Clarify the amount of fill in the front yard by ad
additional spot elevations and drainage arrows on
grading plan.
b. Clarify how the shallow ditch section along Arthur
Street will be handled.
c. Provide accurate first floor elevations to insure
proper grades for the sanitary sewer services.
d. Provide an erosion control plan in compliance with
Chapter 208.
2. Water and sewer services shall be provided to the dwelli
units.
3. The sanitary sewer connection shall be made via the manho�e
located at the intersection of Arthur and Camelot Streets.
4. The petitioner shall pay the appropriate connection fees
SAC charges ($800.00 per unit) at the time of building
permit issuance.
5. The petitioner shall pay a park dedication fee of $750.00
per lot at the time of building permit issuance.
6. The petitioner shall provide a verifying survey�prior to
capping of the foundation.
7. Prior to City Council action, the petitioner and staff sh
designate which trees shall be preserved and protected
pursuant to the restrictive covenants. As a result of th
field inspection, staff is preparing a map for City Counc
review and approval. That map shall be attached to
stipulations as Exhibit A.
8. Each lot shall be assessed $1,000 for the 64th Avenue
stormwater project.
. �
e
1
S TAFF REPORT
Community Development Department
Appeals Commission Date
Planning Commission Date � August 10, 1994
City Council Date : September 6, 1994
APPLICATION NIIMBER:
L.S. #94-03
PETITIONER•
Timothy Strong, Strong Built Homes, petitioner.
Laura Marx and Shirley Nevala, owners.
LOCATION•
1476 and 1490 64th Avenue, located in the southwest corner of the
intersection of 64th Avenue and Arthur Street. The property is
zoned R-1, Single Family Dwelling. The property is heavily
wooded and an open ditch is located along the south property
line. Part of a ditch section is also located along the east
property line.
REOUEST•
To create two single family lots.
The subject parcels are the west and east halves of
2, Spring Valley Addition. Spring Valley Addition
1941 as a 125' * 300' lot. It is unclear from the
the lot was divided in half, however, there is are
files indicating a split in 1959.
p,rrALYSis •
Subdivision Requirements
Lot l, Block
was platted in
record when
surveys in the
The proposed lot split will use the south 150 feet of both the
west and east halves of Lot 1. This 150 feet will be split into
two single family lots measuring 75' * 125'. Parcel C will be
9,375 square feet, and Parcel D will be 9,423 square feet. Both
lots meet the minimum lot area and lot width requirements of the
R-1, Single Family District.
The petitioner has submitted a proposed location for each
dwelling. The dwellings are located 20 feet from the front lot
line. The required setback is 35 feet. The petitioner was
6E
Staff Report
L.S. #94-03, Strong Built Homes
Page 2 .
informed that this would require a variance, and has submitted
variance application to reduce the front yard setback. The
proposed locations meet the remaining setbacks of the R-1
District.
The lots created for the existing dwellings also meet the mini:
lot area requirements. The setback requirements are also met.
Wetlands
Some of the vegetation on site is that which can grow in wet
areas. In addition, the ditch along the south property line
would be classified as a wetland and has been identified as on
by the Rice Creek Watershed District. The Anoka Conservation
District investigated the site and determined that no wetlands
other than the ditch section were located on the property. Th
petitioner should use appropriate erosion control measures as
required by Chapter 208 of the City Code.
Gradinct and Drainaqe
The petitioner submitted a preliminary grading plan establishi
the lowest floor elevation at 886 feet. The elevation of Arth
Street is approximately 890 feet. The Engineering Department
requested the following information regarding the request:
1. Clarify the amount of fill in the front yard by add
additional spot elevations and drainage arrows on t
grading plan.
2. Clarify how the shallow ditch section along Arthur
Street will be handled.
3. Provide accurate first floor elevations to insure
proper grades for the sanitary sewer services.
4. Provide an erosion control plan in compliance with
Chapter 208.
**Stipulation** The petitioner shall provide the informat
requested in Items 1-4 above prior to the
issuance of a building permit.
Utilities
Currently, the proposed lots are not serviced for water and
sewer. The petitioner will need to connect the dwellings to
municipal system and pay the appropriate lateral fees and the
Sewer Availability Charges required by the Metropolitan Waste
sF
a
�n
Staff Report
L.S. #94-03, Strong Built Homes
Page 3
Control Commission. The petitioner will need to connect to the
sanitary sewer system via the manhole located at the corner of
Arthur and Camelot Streets.
**Stipulation**
**Stipulation**
Water and sewer services shall be provided to
the dwellinq units.
The sanitary sewer connection shall be made
via the manhole located at the intersection
of Arthur and Camelot Streets.
**stipulation** The petitioner shall pay the approp=iate
connection fees and SAC charqes ($800.00 per
unit) at the time of buildinq permit
issuance. .
Park Dedication
The Subdivision ordinance requires the payment of park dedication
fees for each lot split or plat. The current fee is $750.00 per
lot. The fee is paid at the time bf building permit issuance.
**Stipulation** The petitioner shall pay a park dedication
fee of $750.00 per lot at the time of
building permit issuance.
Verifvina Surveys
The Building Inspection department requires that a verifying
survey be submitted prior to the eapping of the foundation. This
ensures proper placement of the dwelling.
**stipulation** The petitioner shall provide a verifyinq
survey prior to the capping of the
foundation.
The subject parcel is heavily wooded with a variety of plant
materials. Preserving much of the vegetation wou�d be an asset
to the parcels as we11 as the neighborhood. A"no cut" easement
should be recorded over the west 15 feet of the lots to maintain
the vegetation and provide a buffer for the properties to the.
west. In addition, as many trees over 4 inches in caliper should
be saved by the petitioner.
**Stipulation** The petitioner shall record over the westerly
15 feet of the lots a��no cut�� easement which
would prevent clearing of the vegetation and
provide a buffer for the parcels to the west.
6G
Staff Report
L.S. #94-03, Strong Built Homes
Page 4
RECOMMENDATiON�STIPIILATIONS:
The proposed lot split meets the requirements of the R-1 Distr�ct
regulations. Staff recommends that the Planning Commission ;
recommend approval of the lot split request, L.S. #94-03 to the
City Council with the following stipulations:
1. The petitioner shall provide the information requested in;
Items a- d prior to the issuance of a building permit.
a. Clarify the amount of fill in the front yard by addi�g
additional spot elevations and drainage arrows on th�
grading plan.
b. Clarify how the shallow ditch section along Arthur
Street will be handled.
c. Provide accurate first floor elevations to insure
proper grades for the sanitary sewer services.
d. Provide an erosion control plan in compliance with
Chapter 208.
2. Water and sewer services shall be provided to the dwellin�
units. !
3. The sanitary sewer connection shall be made via the manho�e
located at the intersection of Arthur and�Camelot Streets.'
4. The petitioner shall pay the appropriate connection fees and
SAC charges ($800.00 per unit) at the time of building
permit issuance.
5. The petitioner shall pay a park dedication fee of $750.00'
per lot at the time of building permit issuance. :
6. The petitioner shall provide a verifying survey prior to the
capping of the foundation.
7. The petitioner shall record over the westerly 15 feet of t�e
lots a"no cut" easement which would prevent clearing of tne
vegetation and provide a buffer for the parcels to the west.
PLANNING COMMISSION ACTION
The Planning Commission voted unanimously to recommend approval'',
of the request to the City Council with the following amended
stipulation:
6H '
Staff Report �
L.S. #94-03, Strong Built Homes
Page 5
7. Prior to City Council action, the petitioner and staff shall
designate which trees shall be preserved and protected
pursuant to the restrictive covenants. As a result of the
field inspection, staff is preparing a map for City Council
review and approval. That map shall be attached to
stipulations as Exhibit A.
The City recently completed the 64th Avenue stormwater
improvement project.� As part of the improvements, the
benefitting properties were assessed $1,000 each. The
Engineering Department has requested that these lots also be
assessed. The following stipulation should be added:
8. Each lot shall be assessed $1,000 for the 64th Avenue
stormwater project.
CITY COUNCIL RECOMMENDATION
Staff recommends that the City Council concur with the Planning
Commission action.
6�
L.S. ��94-03
Strong Built Hom�s
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ANOKA CONSERVAT/ON D/STR/CT
Raintree Professional Center
11931 HighwBy 65 NE
Blaine, MN 55434
612/757-4221 Fax/757-4771
Tim.ithy Strong
10884 Avocet St NW
Coon Rapids, MN 55433
Re: Wetland Consultation For Property Located South of 64th Ave West Side Of
Mr. Strong,
August 3, 199�
Arthur. '
I wallced the entire site on 8/3/94. A 3' soil probe was used for soil samples. The only areas that
meet the wetland criteria set within the 1989 Federal Manual For ldentifying and Delineating
Jurisdictional Weflands are within the ditch that runs east-west on the southern portion of the site.
All areas north of this ditch do not meet any hydric soil criteria or wetland hydrology criteria.
If all fill material is kept on top of the ditch bank and appropriate erosion control measures are
utilized, you should be in com liance with the regulations in the Wetland Conservation Act of 1991
Keep all fill north of ditch bank.
Install appropriate erosion conuol
measures such as silt fence, mulch,
temporary seeding, sod, etc...
-� N
•••---•-•-•-•-•--•-•-•---......
Ditch / � NOT TO SCALE
Wetland'-••• ....................•••••: -
If you need the wetlands delineated to further document this consultation, call me and I can give you '.
an estimate and time when we can perform the delineation. If you have any additional questions or
concerns, please call me at 7�7-4221.
Respectfully,
.� � �
-''�7� .
i
Tony Brough
Dislrict Technician
6N
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PLANNING COMMISSION MEETING, AQGIIST 10, 1994 PAGE'16
�
To create two additional residential lots at 1490 and 1476
64th Avenue N.E. The legal descriptions for the four lot�
are as follows:
Parcel A-
The west•half of the north half of Lot 1, Block 2, Spring
Valley, City of Fridley, Anoka County, Minnesota.
Parcel B:
The east half of the north half of Lot 1, Block 2, Spring'
Valley, City of Fridley, Anoka County, Minnesota. ;
�
Parcel C•
The southerly 75.00 feet of Lot 1, Block 2, Spring Valley,';
City of Fridley, Anoka County, Minnesota.
Parcel D•
That part of the south half of Lot 1, Block 2, Spring
Valley, lying northerly of the southerly 75.00 feet thereojf,
- City of Fridley, Anoka County, Minnesota.
Ms. McPherson stated the request is for a Lot Split, L.S. #94-0�,
by Timothy Strong, Strong Built Homes. The subject parcel is
located in the southwest corner of the intersection of 6'4th
Avenue and Arthur Street. Located on the subject parcel are twp
dwelling units - 1476 and 1490 - 64th Avenue. There is a City ',
maintained open ditch located along the south property line. The
property is zoned R-1, Single Family, as are the surrounding
parcels. The subject parcel is legally�described as the east a1�d
west halves of Lot 1, Block 2, Spring Valley Additivn. The lot'
was originally platted in 1941. It is 125 feet wide x�300 feet
deep. It is unclear from City records as to when the property �
was split in half. Staff is aware this was done prior to 1955 ';
which is the first survey of record on file. ,
Ms. McPherson stated the subdivision would create two single .
family lots by splitting the subject parcel in half and then in';
half again. The 2 new parcels will face Arthur Street and acce�s
directly onto Arthur Street. All parcels for the existing '
dwellings meet the minimum R-1 setbacks with the exception of tl�e
lot widths on parcels A and B.
Ms. McPherson stated the some of the existing vegetation on the
site seems to indicate there may be wetlands on the site. The
petitioner contracted with the Anoka Conservation District who ';
investigated the site and determined that no wetlands are locat�d
on the site other than the ditch section located along the soutl3
property line. The petitioner will be required to use proper '
�1.�
PLANNING COMMISSION MEETING, AIIGIIST 10, 1994 PAG$ 17
erosion control measures to prevent erosion from leaving the site
and going into the public ditch. The petitioner has submitted a
preliminary grading plan which establishes the lowest floor
elevation at 886 feet. The e�evation at street level on Arthur
is approximately 890 feet. The Engineering Department has
requested additional information including:
l. Clarify the amount of fill in the front yard by adding
additional spot elevations and drainage arrows on the
grading plan.
2. Clarify how the shallow ditch section along Arthur Street
will be handled.
3. Provide accurate first floor elevations to insure proper
grades for the sanitary sewer services.
4. Provide an erosion control plan in compliance with Chapter
208. . •
Ms. McPherson stated the proposed lots are not currently serviced
by the municipal water and sewer services. They will be required
to be connected, and the petitioner will have to pay sewer
availability charges as required by the SAC. The subdivision
ordinance required the payment of a park dedication fee of
$750.00 per lot payable at the time of building permit issuance.
The Inspection Department requires the submission of a verified
survey prior to capping the foundation. The �arcel is heavily
wooded with a variety of plant materials. Preserving much of the
vegetation would be an asset for the subject parceZs as well as
the neighborhood. Staff has suggested recording a"no cut"
easement over the westerly 15 feet_ to provide a buffer to the
lots to the west, and the petitioner should attempt to.save any
many large trees as possible. •
Ms. McPherson stated staff recommends approval of the lot split,
L.S. #94-03, with the following stipulations:
l. The petitioner shall provide the information requested in
Items a- b prior to the issuance of a building permit.
a. Clarify the amount of fill in the front yard by adding
additional spot elevations and drainage arrows on the
grading plan.
b. Clarify hQw the shallow ditch section along Arthur
Street will be handled.
c. Provide accurate first.floor elevations to insure
proper grades for the sanitary sewer services.
. �
PLANNING COMMISSiON MEETING, AIIGIIST 10, 1994 PAG� 18
d. Provide an erosion control plan in compliance with .
Chapter 208. !
2. Water and sewer services shall be provided to the dwelli�g
units.
3. The sanitary sewer connection shall be made via the manh�le
located at the intersection of Arthur and Camelot Street�.
4. The petitioner shall pay the appropriate connection fees';and
SAC charges ($800.00 per unitj at the time of building
permit issuance. �;
5. The petitioner shall pay a park dedication fee of $750.Oq
per lot at the time of building permit issuance.
6. The petitioner shall provide a verifying survey prior
capping of the foundation.
7. The petitioner shall record over the westerly 15 feet
lots a"no cut" easement which would prevent clearing
vegetation and provide a buffer for the parcels to the
to �'!!the
of ithe
of �the
we�st .
Ms. McPherson stated the petitioner did submit a proposed sit�
plan showing the proposed location of the dwelling units. The�
proposed dwellings would be set at the 20 foot front yard setbiack
as opposed to the 35 foot setback. The petitioner has appli:ed!
for a variance which will be heard before the Appeals Commissiion
on August 23. They are not recommending approval of the lat '
split be contingent on approval of the variance.
Mr. Newman asked what they are buffering this from.
Ms. McPherson stated is for the properties to the west'to
from the rear lots of adjacent dwellings.�
Mr. Newman stated there are no homes on the south ha�f of
so the buffering is from the other back yards.
Ms. McPherson stated this was correct.
buff�r
the �ot
Mr. Saba asked the petitioner if they had any problems with
stipulations.
Mr. Strong stated he would like to add the definition of
significant trees. To the west, there is only one tree. The ':
rest is grass. He does not intend to remove the one tree. It�!,is
important to preserve some of the other trees on the parcel. �f
he has to move the homes back, he would have to remove some of'i
the trees. The 20 foot setback would line up with the other '
homes. There is also a large boulevard there so the setback
th�
. '
PLANNING COMMISSION MEETING, AIIGIIST 10, 1994 PAGB 19
would be the same as the other homes. There will be much fill to
bring the lot up to the right level and to get proper drainage.
The farther back he needs to go, the more trees will need to be
re�oved. His intention is to save every tree and this will make
it more attractive. On the back 62 feet of the lot split, there
is grass and only one tree which will be left there. It is
important that definition be changed to significant trees.
Mr. Newman asked for staff's response to the 15 foot "no cut"
easement.
Ms. McPherson stated staff would be okay with revising the
stipulation that the petitioner is to preserve all significant
trees on the site and we can use the definition of 6" or greater
to be consistent.
Mr. Newman asked how they would submit this.
Ms. McPherson suggested wording the stipulation to read, "The
petitioner is to preserve all significant trees on the subject
parcels outside of the areas to be filled and outside of the
dwelling pad," and then eliminate the current wording under #7.
Mr. Sielaff stated significant trees was based on 4" in diameter
and 6" was negotiated.
Ms. McPherson stated they compromised for the previous �;
petitioner.� She felt they should be consistent between�
applications.
Mr. Sielaff asked if there was language in the code.
Ms. McPherson stated there is not a definition for.significant
trees. The landscape ordinance defines a large tree as a tree
that is 4" or greater in caliper.
Ms. Dacy suggested that the petitioner and staff ineet prior to
the City Council meeting. The'reason for proposing b" on the
previous request was that it seemed to be a good measure for that
particular site. That site has significantly larger trees. For
this site, she would suggest staff and petitioner go to the site
and specificaZly identify the trees. There are different types
of trees at different locations.
Mr. Sielaff stated he did not want to make this too arbitrary.
Mr. Strong stated he wants to express the importance of the 20
foot setback. He is planning a walkout split. The walkout is
where the vegetation currently lies. From the back line of the
foundation forward to the street will be filled and nothing will
s S
�
-�
survive because of the fill. The setback is important to
preserving the trees.
Mr. Newman stated the Planning Commission will only make a .
reconunendation on the lot split. The Appeals Commission will
consider the variance. '.
Mr. Newman recommended the current stipulation #7 will be dele�ed
and replaced with, "Prior to City Council action, the petition�r
and staff shall designate which trees shall be preserved and '
protected pursuant to the recorded restrictive covenants.° ;
MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend approVal
of a Lot Split, L.S. #94-03, by Strong Bui1t Homes, to create �wo
additional lots at 1490 and 1476 - 64th Avenue N.E. with legal'
descriptions for the four lots as follows: ,
Parcel A: The west half of the north half of Lot 1, Blocl�
2, Spring Valley, City of Fridley, Anoka County, Minnesotal.
Parcel B: The east half of the north half of Lot 1,.Block
2, Spring Valley, City of Fridley, Anoka County, Minnesota�.
Parcel C: The southerly 75.00 feet of Lot l, Block 2, ;
Spring Valley, City of Fridley, Anoka County, Minnesota. �
. Parcel D: That part of the south half of Lot 1, Block 2,;
Spring Valley, lying northerly of the southerly 75.00 feet
thereof, City of�Fridley, Anoka County, Minnesota;
with the following stipulations: '
1. The petitioner shall provide the information'requested in
Items a- b prior to the issuance of a building permit.
a. Clarify the amount of fill in the front yard by addiniq
additional spot elevations and drainage arrows on thei
grading plan. ,
,
b. Clarify how the shallow ditch section along Arthur ,
Street will be handled.
c. Provide accurate first floor elevations to insure
proper grades for the sanitary sewer services.
d. Provide an erosion control plan in compliance with
Chapter 208.
2. Water and sewer services shall be provided to the dwelling',
units. '
6T
PLANNING COMMISSION MEETING, AIIGIIST 10, 1994 PAGE 21
3. The sanitary sewer connection shall be made via the manhole
located at the intersection of Arthur and Camelot Streets.
4. The petitioner shall pay the appropriate connection fees and
SAC charges ($800.00 per unit) at the time of building
permit issuance.
5.
C�!
The petitioner shall pay a park dedication fee of $750.00
per lot at the time of building permit issuance.
The petitioner.shall provide a verifying survey prior to the
capping of the foundation.
7. Prior to City Council action,�the petitioner and staff shall
designate which trees shall be preserved and protected
pursuant to the record�d restrictive covenants.
UPON A V�ICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
Ms. McPherson stated the Appeals Commission would consider the
variance request on August 23 and the City Council would review
both the lot split and variance requests on September 6.
4.
a
MOTION by Mr. Saba, seconded by Mr. Sielaff, to r eive':the
Auqust 2, 1994, Appeals Commission minutes.
IIPON A VOICE VOTE, ALL Vt�TING AYE, CHAIRP SON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
ADJOURNMENT
MOTION by Mr. Oquist,
meeting.
Mr. Sielaff, to adjourn the
IIPON A VOICE VOTE, ALL V ING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED HE AIIGUST 10, 1994, PLANNING COMMISSION
MEETING ADJOIIRNED A 8:50 P.M.
Respectfully su itted,
i?
� • �r,�-
� "; �"J
Lavon Cooper
Reco ding Secretary
sV
CITY OF FRIDLEY
NOTICE OF HEARING ON IMPROVEMENTS
STORM WATER IMPROVEMENT PRO.lECT NO 260
WHEREAS, the City Councii of the Ci
deemed it expedient to receive evidenc
described.
ty of Fridley, Anoka County, Minnesot�, has
e pertaining to the improvements hereihafter
NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 27th d�y` of
September, 1993, at 7:30 pm, the City Council will meet at the Fridley Munficipal
Center Council Chambers; 6431 University Ave, NE, Fridley, MN, and wiil at saidl time
and place hear all parties interested in said improvements in whole or in part. '�!!
The ger►eral nature of the improvements is the construction (in the lands and s�reets
noted below) of the following improvements, to-wit:
CONSTRUCTION ITEM �
Storm water improvements, including grading, stabilized base, concrete curb' and
gutter, storm sewer system, landscaping, and other facilities located as follows: '!
STORM WATER IMPROVEMENT PROJECT NO. 260
ASSESSED
Those properties within the drainage area bounded by Mississippi Street on the niorth,
Harris Pond ditch on the south, Central Avenue on the west, and Arthur Street or� the
east.
All of the land abutting upon said streets named above and all lands within, adjacenf:and
abutting thereto. All of said land to be assessed equally according to the behefits
received by such improvement. "
Published:
sV
�-
I �-- �
�E ADDRESS SIGNATURE TELEPHONE NO.
NAti / ,
� go� Calderom --� ' �� (� +�
6401 Central Ave �,�i.�C. �Q,(�,� �✓1 � - ���``
Fridiey MN 55432
' Joseph Nelson � � i _
1357 64th Ave , 6 ���-- � �/ ,��j�
, Fridiey MN 55432
� ��
i John� Rau i � I
1341 64th Ave , � � � � � l - Cy `7 � �
Fridley MN 55432
Laura Vetter/�o.J �� C�� '� �'?� 25 6 � '
1490 64th Ave `
Fridiey MN 55432
� SFiirley Nevala ,
1476 64th Ave �
Fridley MN 55432
� Dorothy Hollister
1466 64th Ave
Fridley MN 55432
� Walter Eyler ,
1456 64th Ave
, Fridley MN 55432 �
� Herbert Hart J �/�,� �,� l� C _r ��- j CT U' �
� 50 64th Ave / � " "" �
14
, Fridley MN 55432
' Bruce Olson . ,,, - % j (^ �� ..-y-- � � �j � � � ��(�-
1442 64th Ave � =1 �'� �= `� � ` `�
J
, Fridley MN 55432
� James Kripotos . � �C �--7 � r 6L/ �• �
1426 64th Ave %'�
� Fridley MN 55432 �
' David Zerby �
1400 64th Ave
Fridley MN 55432
.
Stanley Dahiberg ��•
13$4 64th Ave -
Fridley MN 55432
Mark Schwartz 1 � �
� 1372 64th Ave
� Fridley MN 55432
1�
sW
i,----..
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27 1993 PAGE 7
Mr. Pribyl, Finance Director, stated that the Fridley Police �lief
Association is seeking approval to consol•idate their Polic Per�sion
Assoeiation with the Public Employees Retirement soci�tion
(PERA). He stated that since Council passed the prelimi�nary
resolution to consolidate in November, 1992, th first a�tion
involved the preparation of an actuarial valuati at the request
of the Legislative Commission on Pensions. He id that the 5tate
Board of Investment then reviewed the pensio group's investments
for any investments determined to be inelig' le for consolida�ion.
He stated that after the review, s ff again met with a
representative from PERA to review the i formation. He statedithat
the actuarial valuation indicated th if all pensioners ele�cted
the greatest benefit value, the City ould still reduce its ove;�rall
police pension cost.
Mr. Pribyl stated that it wa determined the consolidation wiould
not have a negative impact and would provide members with pnore
retirement options and sel ctions under PER.A. He statec� that �this
request for consolidat' n was initiated by the Police Re�ief
Association.
Mayor Pro Tem Schne ' der stated that with the consol idation into the
PERA program, th e is still monitoring of' the pension plan, !, and
the advantage ' more retirement options. ,
No other pe sons spoke regarding this consolidation of the Po�ice
Relief As ciation's Pension Plan.
MOTION by Councilwoman Jorgenson to close the public hear�ng.
Seco ed by Councilman Billings. Upon a voice vote, all vo�ing
ay , Mayor Pro Tem Schneider declared the motion car�ied
animously and the public hearing closed at 8:29 p.m.
6. CONTINUATIOI�t OF PUBLIC HEARING ON THE 64TH AVENUE STORM Wl{�TER
PROJECT NO. 260 (CONTINUED FROM CITY COUNCIL MEETING; OF
SEPTEMBER 13, 1993):
MOTION by Councilwoman Jorgenson to reopen this public hearung.
Seconded by Councilman Billings. Upon a voice vote, all vo�ing
aye, Mayor Pro Tem Schneider declared the 'motion car�ied
unanimously, and this public hearing was reopened at 8:29 p.m.',
Mr. Flora, Public Works Director, stated that Petition No. 13-1;993
was received from the residents in the 64th Avenue neighborhood for
a storm water project. It is proposed that a pipe be insta�led
from Mississippi Street to the culvert on Old Central at a cos� of
about $94,000. He stated that this project would also invalve
construction of a detention pond on the lots owned by the City at
an estimated cost of $7,000, or for total construction costs" of
$101,000. He stated that $41,000 of this cost would be paid by an
assessment of $1,000 per residential lot, and the government woiuld
fund the balance of the cost.
s X
r �
_
�
Community Development Departmer�t
PI.ANNING DIVISION
City of Fridley
DATE: September 1, 1994 '
TO: William Burns, City Manager �;
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant �;
SUBJECT: Establish Public Hearing for a Plat Request, P.15.
#94-05, by Biltmore Construction; Generally '
Located at 1350 Gardena Avenue N.E.
The Planning Commission conducted a�ublic hearing for the plat
request at its June 29 and August 10, 1994 meetings. The plat'
request is to replat part of the Totino-Grace High School
property into ten lots; nine single family lots and one lot for
the high school. The areas of residential subdivision are
located in the southeast and southwest corners of the subject '
property adjacent to Matterhorn Drive and Arthur Street.
The subdivision
a public hearing
the City Council
public hearing.
MM/dn
M-94-504
ordinance requires that the City Council condu�t
regarding the request. Staff recommends that'
establish September 19, 1994 as the date of the
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Community Development Departme�t
PI,ANNING DIVISION
City of Fridley
DATE: September 1, 1994
TO: William Burns, City Manager '
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator ;
SUBJECT: Variance Request, VAR #94-21, by
Riverpointe Limited (Meadow Run);
Road N.E.
Imaginality fo�
7855 East Riv�er
ISSUE !
At the August 23, 1994 Appeals Commission meeting, the Commission
evaluated the request by Imaginality to install a 24 square fobt
sign on the property line adjacent to the right-of-way at 7855
East River Road N.E. (Meadow Run Apartments).
Section 214.09.O1.0 of the City Code requires a minimum distan�e
of 10 feet from any property line or driveway. ',
The entry gate feature that exists at this complex will be I
resurfaced with stucco and the center monument will be removed,
The petitioner does not want to reconstruct the entry island td
meet the required 10 foot setback from the property line.
HISTORY
There have been two cases where a 0 foot setback has been
approved. These sites are the Medtronic facility at 7000 Cent�al
Avenue and the Grace Evangelical Free Church at 7436 Melody ,
Drive.
APPEALS COMMISSION RECOMMENDATION
The Commission unanimously concurred with the petitioner and
recommended approval of the variance request. ;
STAFF RECOMMENDATION
�
Staff recommends that a modification to the entry island will '
allow the code required 25 foot aisle width and still provide I;
adequate space for a sign that meets the required 10 foot setback
VAR #94-21, by Imaginality
September l, 1994
Page 2
from the property line. An illustration has been attached to
highlight the potential alternatives.
Staff recommends denial of the variance request to allow the sign
to be constructed with a 0 foot setback due to the alternative
sign locations available.
SH/dn
M-94-517
: '1
c:r'CY Ol� l+'k.lUi.F.l' - fL7
(r�31 IJNfVf?RSl'!`Y AV1�.NC1E N.l�.. ( — ','
rr�l��l,r�,v, 11IN SS�J.i� �
(C;1.2)571-3�5O ��ONfMUNi'!'Y l)t�,'VI:i.UP�•iF_NT �EPAft'fn�1�:N'I.
VAR�IA�TC'� A�'I'I�ICATI(�N rO�M
l'KC)Pr�t'1'Y INrO�iI�tATt - site plarl requircc� for submittal; 5�e �tt�ichcd
A�Idt�e.titi: � � £ . '�' 'vt�( (Z�ct� _ _
Pi•c��.>erty rdenti �c�ttion Ntt�ttl�cr (PIN) � 33 `� z '� �-1 3 "`'�_�P -
Le�.�l desc;ri�t;on: _� �� fi � b� c�ce � r� e�1��w ��.�.. .� S+ Uc�cl ;+�c �,
Lot . 3. _ R(vck _. � TracUild�lition tY1 � ac�v �.:; _ 1-�+ c�cac� ;-a- � � �,
Cutr4nt •r.vni,�g: _, Q' l3._.y_ Scluarc fo�ta�ei�tc,-eage °� � 7� a�. f.��' f"'
Reasc,n fo�� v�•iance sind h�-dtihip: �2 e ���-�` Q� _ '
. ._ . Srction of C.ity Gc�cie: _�(�{; t 1 —
Have you o��er�tecf << buSjrlHSS itl a city whicb requircd a bufiinr:ss 1ic:ens�? '
,r
Yes . No � tf yes, wliich city'? .
!f ycs, what typc af busincss> __ ,. . .. .
Was th<<t liccnsc �ve�- d4nicd c�r revok.cd'? Yes No '.
�.�..a..,.....,�..,...,.�..�,�,.w,...�._,...�..,,..__��..w..,..,.�....��._ �,r.._._.w�...�....�.....�..,�..�._....y.....,..._..�.�._,...�r.r.._;��.'.,�.
X� GE UVVIV�+,R ii�T��'41tMA'1'1(1N (as it appcars on th� I�rc�pc�ly ti.tic) ,
(Cc�nt.r,tct. Purch��scrs: Fee Qwt�cYS tr�ust tiiL;n this Cui't���7I'1<)1" il) �)1'Oi;cssing) '
N.4iti1� �� �i�� /G�,.�1.� � \ Y1'� � �(._ C� (�,1�`-Y��.'(�cj � 1 p - —
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_ � (S _ � ' �111_ S� � . D��YT[MF. FF�ONL s�i� - %�,5�',�-'�
5iG N AT� �Tt C_ . . .__ DATE � Q�--• -_''_
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._...----�--��_ ,_�._. .�%' .._.. .-----�-�-:. ..._ _._..... _ ..._._.__. __�._._._._.�.�_....__ . ., ... . .-._. ._ ..._.
f ���: :{�1 CX�.(X} `1� (i0.(.X) ---- ;F�i�' t'C.sicJ�nti:ii p��c?pc'r(i4s
1'cr�r�it VAK # �—?�� Re<:ripk �� 3C:����__ . _ ,'
/lE�j�li�'atit�r� rt�Ctrivc.il by: _ __ _.__.
�c;he<lulcc! APpcals ('Onir�iis.siiu� iJate: _. . _�^ .�
Sc�hi•c(u(cd C'ity Cou��ci! <l,itC.: __.. . .__ ....... .__
r� -. E n H .� B -_ rJ ;± � I_I
-�)' �� Z��i�!' -P`I _ _ • _ t�!>` � ��..I-Z�� '� � �31 .'•.��.II<�� � !•.lI��
August 5, 1994
Scott Hickok
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
� Dear Scott,
The foilowing is to go with our sign variance application to briefly
answer the questions posed in the appeals process section. At the time
of the meeting we will present pictures and further details.
REQUEST: To have a variance in order to place sign
within the 10' setback, We request a 0' setback.
1. We want to install our entrance monurnent sign in a position
that would make it visible to oncoming traffic from East River
Road, prior to the point of turning.
2. There is not sufficient property on which to install the sign in
such a manner so that the sign could be visible - the sign needs
to be perpendicular to traffic and double faced.
3. We intend to remove the existing stone monument structure
from the current entrance island in order to make room for the
proposed sign.
4. With the current regulation of a 10' setback, one end of our
sign would be in the midst of a two way drive through. This
would be hazardous and disrupt traffic.
5. We do not believe that increasing the center island curb area
into the two way drive would be reasonable because it would not
be even with the rest of the drive - it would protrude into a critical
area. Turning radius for large trucks (which people use to move)
and snow plowing becomes very difficult. We are concerned that
this may be hazardous to drivers and the sigr� is more liable to be
damaged. In addition there would be a significant additional cost
in the new island and maintenance thereof.
6. Granting this variance would be of no harm, materially or gen-
erally to the public or the property. This is made to enhance the
beauty of the property, the neighborhood and reduce the opportu-
nity for accidents, due to sudden stops and turns.
Sine�e, ly,
. I/:
Myrna rensten
President
cc: Bob Levine, KMS Management, Inc.
:
VAR ��94-21
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11-1 ONE f�YiLT DWQ'S LJ Y-/ 116MT IMOUSTIIIAL Q
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0 VUB�iC f�CIIR�lS 0 S-2 NEOEVlLOIY[M7 DISTIIIGT Q
C- 1 IOC�I BUSINE57 ❑ O-1 C11C[R i RIVEN OIIl4l�V�TtOM �
C-= GENEa�I BVSiNES3 �p O-t C111TICAL AN!• Q
C•� CENER�I SNOPV�NG iAl
�-Ri �.EHERAI �iF1GF ❑ V��.ATlO STqElTS � �..1
8D ZQNlNG �IIIAP�
VAR 4�94-21
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VAR 4�94-21
Imaginality Inc.
� S.F.
�`g,�� c� m e�nS i o nS �
1�2�wee�. �'���o.c�
FXTII� OF `►ARIA�S GRi�Dfl� 1986-1993
Case No. Address Code Section Title
I 88-18 7770 Ranchers Rd. 205_18.03.C.(1) Maxim�un lot coverage
9'0-15 590 Kimball St. 205.07.03.0 Maxinrmn lot coverage
C 87-05 6501 E. River Rd. 205.14.07_D.(6) Screening strip
91-33 501 Glenco� St. 205.07.04.B.(2) Min. structure size
C 88-05 5351 Central Ave. 205.04.06_A.(6) Fence height
91-10 7905 E. River Rd. 205.04.06.A.(7) Fence height.
C 89-07 1001 Hillw�nd Rd. 205.16.04 Building heic�t
Parking setbacJc-
I 86-17 250 C.a�ner,ce Cr.S. 205.17.05.D.(5)(a) public right-of-way
Par}tir�g setbacJc-
C 86-24 7699 Viron Rd. 205.15.05.D.(5)(a) public ric�t-of-�ray
C 90-05 5205 Central Ave. 205.15.05.D.(4)(b) Driving aisle
91-01 6180 Central Ave. 205.16_05_D.(4)(b) Driving aisle
C 92-21 7620 Univ. Ave. 205.15_OS_C.(1) Parking spaces
Parking stall length
Parlting stall width
Driveway/
C 87-24 7315 Highr,�ray 65 205.17.05.D.(4)(c) Intersection Distance
C 87-38 6257 Highway 65 214.11.02.B Sign area
� �
90-20 6881 Highway 65 214.09.02.B Sign area
C 86-05 7810 Univ. Ave. 214_11.02.0 Sign area
�C 92-05 7000 Central Ave. 214.12.02.E Sign setback
92-25 7436 Melody Dr. 214.05.06.B Sign setback
8� `
PAGE 2.
Required Granted
40°s 49.5%
25% 28.6%
15 0
768 712.12
8 15
4 7
45 52
20 0
20 0
25 20
25 20
102 13
20 1
10 9
75 19
80 s.f. 224 s.f
3 s.f. 80 s.f
25 s.f. 34 s.f
10 0
10 0
APPEALS COMMISSION MEETING, AUGUST 23. 1994 ___ PAGE 9
is level so there is no need,for correction. It about four inches
. above the 100-year flood level.
Mr. Kuechle stated the house looked like it was below the dike.
Mr. Maher stated when sitting in the living room they can see the
Mississippi River.
MOTION by Ms. Smith, seconded by Dr.� Vos, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RUECHLE
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:03
P.M.
Ms. Smith stated this is an unusual situation where there is
discussion about side yard or front yard. In this case, what is
referred to as the back yard is the side yard. If this was
considered to be the side yard, it would be within the code and
would not require a variance. The public purpose is being served,
and there is plenty of green space. She would vote for approval.
Dr. Vos concurred. The foot print, even with the addition, leaves
a lot of green space. The lot has the corner cut out of it so they
really cannot move it anywhere and still put on the addition. It
makes sense.
Mr. Kuechle agreed. Although the way the rules are written, it is
not a back yard. It really functions as a side yard.
MOTION by Ms. Smith, seconded by Dr. Vos, to recommend approval of
Variance Request, VAR #94-20, by Monte and Michelle Maher to reduce
the rear yard setback from 40 feet to 30 feet on Lots 16-21, Block
W, Riverview Heights Addition, the same being 7965 Riverview
Terrace, to allow the construction of an addition with the
stipulation:
1. Special Use Permit, SP tt94-12, shall be approved.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RUECHLE
DECLARED TIiE MOTION CARRIED UNANIMOUSLY.
Mr. McPherson stated the Planning Commission would review the
special use permit on Septe;nber 7 and the City Council would review
the request on September 19.
4. PUBLIC HERRING• CONSIDERATION OF A VARIANCE REOUEST, VAR w94-
21 BY IMAGINALITY INC. FOR MEADOW RUN APARTMENTS:
Pursuant to Section 214.09.O1.0 of the Fridley Sign Code, to
reduce the setback of a sign from the property line from 10
feet to 0 feet to allow construction of a new sign on Lot 3,
:
APPEALS COMMISSION MEETING, AUGUST 23. 1994 PAGE 10
Block 1, Meadow Run First Addition, the same being 7855 East
River Road.
MOTION by Ms. Smith, seconded by Dr. Vos, to open the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RUECHLE
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:05
P.M.
Mr. Hickok stated the variance request is to reduce the sign
setback from 10 feet from the property line to 0 feet. The
property is the former Meadow Run apartment complex. Between 1970
and 1972, three buildings were constructed, along with a
recreational complex and a swimming pool. Along with the
construction of that complex was an entry gate feature which
includes a large bollard with a stone face on either side af the
entry. On the island between the entry and exit lanes, there is
another monument with stone face, and the sign for the complex was
on that entry gate. The petitioner wishes to take out the center
monument and build a new 24 square foot sign perpendicular to the
roadway with a zero foot setback. The requirements in the R-3,
General Multiple Family Dwelling, require a 10-foot setback. Staff
reviewed the request based on the following criteria:
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.
Staff reviewed the site and feels that, for the most part, there
are many other examples of similar complexes that have similar
conditions and have been able to construct a sign within the 10-
foot setback dimension. As noted in the staff report, Georgetown
Apartments were granted a variance to less than 10 feet due to
conditions on site. The variance was granted to approximately 5 or
6 feet from the property line. There are no exceptional or
extraordinary circumstances applicable to the subject parcel.
B. That the
enjoyment
property :
denied the
variance is necessary for the preservation and
of a substantial property right possessed by other
_n the same vicinity and district, but which is
property in question.
Staff feels this is not a unique situation and that other complexes
with similar circumstances have been able to live with the 10 foot
setback dimension.
C. That the strict application of the Chapter would constitute an
unnecessary hardship.
�•� ►\
APPEALS COMMISSION MEETING AUGUST 23 1994 PAGE 11
Staff after review feel denial would not constitute a hardship and
the petitioner could according to some alternatives install the
sign according to code.
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.
The purpose of the sign code is to limit the number, size and
location of sign in order to reduce visual clutter. Staff feel
that granting this variance would be contrary to the intent of the
code.
Mr. Hickok stated the petitioner has submitted a letter, included
with the staff report, which states they feel there are
circumstances on the site to make the variance necessary,
including: 1) to install the entrance monument to make it visible
to oncoming traffic prior to the point of turning; 2) there is not
sufficient property to install the sign so it is visible - the sign
needs to be perpendicular to traffic and double faced; 3) to remove
the existing stone monument structure from the entrance island; 4)
the current setback of 10 feet would place part of the sign in the
midst of a two way drive through; 5) to increase the center island
curb into the two way drive area would interrupt traffic flow and
add significant cost; and 6) to grant the variance would be of no
harm, materially or generally to the public or the property.
Mr. Hickok stated staff has indicated there are alternatives. One
alternative is to reduce the size of the two-way drive aisle to 25
feet and move the center island curb back which would require
reconstructing the radius on the back side. Doing so would leave
19.5 feet from the curb of the radius to the property line. Staff
feels there would be adequate space in that area to construct a
sign. The petitioner feels this may cause additional problems due
to traffic. There are parallel parking stalls along the edge of
the parking lot. The petitioner could add a radius to the entry
sides the same distance and delineate these parallel parking
stalls.
Mr. Hickok stated the petitioner would prefer to keep the sign
perpendicular to the roadway to make it visible to those who travel
along East River Road. Staff feels the complex itself does its own
advertising and there is a plan to match the color scheme on the
building with the sign package. Another alternative might be to
place the sign parallel with the road way which would allow to see
the sign at the complex.
Mr. Hickok stated, in the past, the Commission has approved a sign
variance to less than 10 feet. Staff feels the petitioner has not
met the four criteria for granting a variance. Staff has no
: �
APPEALS COMMISSION MEETING, AUGUST 23, 1994 PAGE 12
recommendation at this time; however, the request is within
previously granted variance limitations.
Ms. Smith asked where the property lines are located.
Mr. Hickok stated the property lines are where the bollards are
current located. The center island extends beyond the property
line.
Dr. Vos asked if the monument removal would 5rovide better site
lines when going�down East River Road.
Mr. Hickok stated staff discussed this with the petitioner. He
thought there is a toss up between this location and pulling the
sign back. He felt pulling the sign back nay actually increase the
sight lines.
Ms. Orensten, Imaginality, stated staff co.:��nents indicate the
purpose served is to control visual pollution and eliminate the
potential for signs which conflict with driver visibility. As they
look at the complex, they don't see the sign un�il right at the
complex. There is then a right turn into the cor..plex and another
immediate right turn to the parking lot. They �eel an attractively
designed sign will enhance and beautify the ent�ar.ce to the complex
and not be considered visual pollution. The p=cposed sign area is
also planned to make sense with the landscaping. The area is
extensively landscaped. The current sign or even a new sign that
is not perpendicular could be considered a haza:d because it is not
visible until just before the turn. They a�e proposing a sign
which is visible 200 feet before the entrance at 0 foot setback.
If the sign is at the 10 foot setback, they fee� t��e distance where
it would be viewed would be reduced both fo� �::cse coming in but
reduce visibility for those inside the ce-;ple�_.
Ms. Orensten stated the purpose of the
sign ���� is to limit the
number, size and locations of the sign �r c_��
pollution. They disagree in that �ney �_
additional signs or a larger sign. The ? oca�� �^
makes a great deal of impact on the f�c:�: c:
complex. Bringing the curb out �f�it^�:? �___
additional cost which is the hardship. __._�
__ �o reduce visual
--e not asking for
. : 3ck from the curb
�r�ffic within the
:.omplex would be
a:so affects snow
storage and removal. They are upgrading �^:e e::�_=� complex pa�t of
which is to remove the monument in the isla^w, ��moving the dark
lava rock from the bollards and re-stucc�;ng _^�'�, and upgrading
the landscaping.
Ms. Orensten showed photos of other complexes and their signs. The
proposed sign for th�s complex is a very tastzful sign to enhance
the complex. She showed a rendition of the proFosed sign at the
current setback within the existing structure an3 showed another
version of the same sign with a pedestal. Th�ir concern with an
�
APPEALS COMMISSION MEETING, AUGUST 23, 1994 PAGE 13
extended curb in the island is that the driving lanes would be
reduced and then the turn would be to tight.
Dr. Vos asked Ms. Orensten her reaction to the alternative setback
nearer the building. . _
Ms. Orensten stated she thought this would do more harm than good.
There would then be no visibility before getting to the complex.
East River Road is a busy street and, if someone not familiar with
area and looking for the complex, they often almost drive past and
then slow suddenly to make the turn. The proposed plan ac�ually
decreases the number of signs.
Ms. Smith asked if she had gotten police records to see if there
were traffic problems in that area.
Ms. Orensten stated she understood from property management that it
is tough traffic area so they wanted to get the police reports to
have some statistics. They have talked to them to find out what
the problems are in that area. They have not received the police
reports at this time.
Mr. Kuechle asked if they had considered turning the sign 90
degrees.
Ms. Orensten stated by making the sign parallel to the street
becomes the issue of visibility to the oncoming traffic who is
being�addressed.
Mr. Kuechle asked if the addresses are given by street or by the
complex name.
Ms. Orensten stated it would normally given by the street.
Mr. Levine, KMS Management/Meadow Run, stated the signage issue is
part of a total upgrade. They acquired the property in May. This
was the only property in the City which did not have emergency
lighting which they have now installed. The property had five
underground storage tanks of t�hich three were leaking. This has
all been corrected. Al1 buildings will have new roofs. The indoor
pool is being redone and an outdoor pool added to the property.
They are doing a tremendous amount of cosmetics. As owners, they
feel what they are asking for is reasonable and ties in with the
whole upgrade. An interesting thing about the property is that,
inasmuch as the property line is really at the sign, it appears to
be at or near the roadway because of the location of the
landscaping. Their intent is to take down the monument, remove the
lava rock face and re-stucco so what is left is a sign that appears
to have a setback. The other signs will be removed so there will
be one attractive sign. The alternative of extending back the
island is a hardship in that it creates traffic problems as well as
�
APPEALS COMMISSION MEETING, AUGUST 23, 1999 PAGE 14
additional expense. They felt the money would be better spent on
safety concerns. W�at they are proposing will improve the overall
entry and the property in general.
Ms. Smith asked what they would do if the variance were denied.
Mr. Levine stated felt the alternative would be to put a sign
parallel to the street. Tne existing monument that is there is now
on the property line as are the monuments to the side.
Ms. Orensten stated�, if they needed to get permission to do that,
how would they get the same 10 foot setback given the structures
that are existing. The existing structures are already on the
property line. They could put a sign on that wall of the sign in
the center island but it would not enhance the project.
Mr. Kuechle asked if the monument in the center island would be
removed.
Ms. Orensten stated yes.
Mr. Levine stated he saw the survey when he acquired the property.
They had thought of keeping the middle monument and bring a sign
out over the planter so that the front post would be at the planter
which is over the property line. The side monument also encroaches
on the property line. The only way to install a sign and keep it
behind the property line is to take down the monument which will
clean up the area and make it more pleasant. There are also
parking problems and they need all the spaces they can get.
Ms. Smith asked, with the existing monument already encroaching, if
they do anything to the signs, do they need to make the request to
change a sign.
Mr. Hickok stated yes. The changing is asking for a new sign
structure. It could be argued that these are signs and not entry
gates. Removing the signs at the gate would bring us to a new
permit situation and another variance.
Mr. Levine stated the Meadow Run sign is in the ground in front of
that wall. He has a hard time believing that cosmetically
resurfacing an existing wall has anything to do with changing the
structure.
Ms, McPherson stated this technically �hould not be in the public
right-of-way; however, it is not a structure that they can attach
a building requirement to. It is rather an aesthetic enhancement
which does not fall under the setback requirements. Once you put
signage on it, however, that will trigger a variance.
: •
APPEALS COMMISSION MEETING. AUGUST 23, 1994 PAGE 15
Ms. Smi�h asked how far from the property line the center structure
was located.
Mr. Hickok stated this was approximately 2 feet from the property
line.
Dr. Vos asked if the County had any plans to widen East River Road.
Ms. McPherson stated the County has not yet improved this section.
She was not sure where this is as far as the County improvement
plans are concerned.� She thought the County had adequate right-of-
way to do their work. If the County moved the curb line, the sign
would be closer to the right-of-way.
Mr. Brandt, 190 Craigbrook Way, stated he did not agree with the
request to put a sign on the property line. There is no
obstruction in front of the apartment building going north or
south. Setting the sign 10 feet back should be no reason a person
could not see that when driving by. If someone cannot see that
sign driving by at 10 feet, they ought not to be driving.
Visibility should have nothing to do with it. There is no
obstruction. You can see that sign for a long way going either
north or south. This is a residential area. Some of the signs
shown earlier were not in residential areas. A 24 square foot sign
at 10 feet is adequate. They have enough signs there now and he
did not think they needed any more.
Ms. Smith stated she drove by the complex and did not see the sign.
When going by during rush hour, traffic. moves quickly and it is
difficult to see. She asked Mr. Brandt if he was aware of any
accidents or traffic problems in that area because people did not
see the signs.
Mr. Brandt stated he had never seen an accident on that corner.
Ms. Olek, KMS Management/Meadow Run, stated the way the curb is now
is very tight and, when traffic is entering, they must stop for
traffic now. Moving in the curb would make it more of a problem.
MOTION by Dr. Vos, seconded by Ms. Smith, to close the publ.ic
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RUECHLE
ISECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:53
P.M.
Dr. Vos stated he drove into the complex. He would not be in favor
of moving that curb any closer in. You have to look to the left to
see anyone coming in that lane if turning to the north. Moving
that curb back would not be advantageous. The monument being taken
out should enhance the area. He vote in favor of having the sign
C1�
APPEALS COMMISSION MEETING, AUGUST 23, 1994 PAGE 16
placed in the island. He was convinced this was as good as any
place. He would vote in favor.
Ms. Smith stated, when she came to the meeting, she was inclined to
vote:against the request. But as she looks at the alternatives,
her sense is that for the public safety the 0 foot setback would be
advantageous. It would clean up that area and give the visibility
the sign needs to turn into there. Traffic does move quickly on
East River Road. The sooner someone can see the sign, the safer it
would be.
Mr. Kuechle concurred. Of all the possibilities that are there,
moving the curb back would have a negative impact. He can see
moving the monument out and putting the sign there. He would like
to see the sign self supporting rather than between the posts.
That would narrow the sign down somewhat and perhaps bring it in
not quite to the lot line. -
MOTION by Dr. Vos, seconded by Ms. Smith, to approve variance
request, VAR #94-21, by Imaginality Inc. for Meadow Run Apartments
to re'duce the setback of a sign from the property line from 10 feet
to 0 feet to allow construction of a new sign on Lot 3, Block l,
Meadow Run First Addition, the same being 7855 East River 12oad.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KUECHLE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Ms. McPherson stated the request would be reviewed by the City
Council for final approval on September 6.
5. PUBLIC HEARING• CONSIDERATION OF A VARIANCE REQUEST, VAR #94-
22, BY GARY LARSON:
Pursuant to Section 205.07.O1.B.(4).(a) of the Fridley City
Code, to increase the allowable square footage of a first
accessory structure from 1,000 square feet to 1,220 square
feet, and
Pursuant to Section 205.07.03.0 of the Fridley City Code, to
increase the maximum lot coverage from 25% to 26. 8 0, in order
to allow the construction of an attached garage addition on
Lot 3, B1ock 3, Riverview Park Addition, the same being 7121
Riverwood Drive N.E.
NOTION by Dr. Vos, seconded by Ms. Smith, to open the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RUECHLE
DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:57
P.M.
: �
i �
C,
.
Community Development Department
PLA�NNING DIVISION
City of Fridley
DATE: September 1, 1994 L-
TO: William Burns, City Manager�
�T�'
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Grant Fernelius, Housing Coordinator
Approval of Service Contract with Anoka County
Community Action Program for Administration of
Home Improvement Grant Program
At their February 7, 1994 meeting, the City Council allocated
$124,612 in Community Development Block Grant funds for housing
rehabilitation. These funds are to be used to provide grants for
low income homeowners for basic code repairs.
As you know, because of the considerable amount of time involved
in administering this program, the City has contracted with ACCAP
to help process applications. This year, we received 20
applications for assistance, and ACCAP has already begun some of
the preliminary work. Attached is a summary of the program
requirements, and a copy of the contract.
The only change from last year's service contract is a 1%
increase in the administrative fee ACCAP collects, from 10� to
llo.
Recommendation
Staff recommends that the City Council approve the service
contract with ACCAP for administrativn of the Home Improvement
Grant Program.
GFjdn
M-94-514
City of Fridley
Hcme Improvement Grant Proqram Summary
Introduction
This special program provides financial assistance to low-income
residents who need to make basic code repairs and home
improvements. The assistance comes in the form of a no-interest,
deferred-payment grant up to $15,000.
The grant must be repaid when the home is sold, however the actual
amount to be repaid depends on how long the owner continues to live
in the home.
Year Pay Back Required
1 100$
2 90%
3 80%
4 70$
5 60a
After the 5th year, the balance of the grant or fifty percent (50�)
must be repaid when the home is sold. To ensure the grant is
repaid, a lien is filed against the property.
Eliqibility Requirements
1. Must meet income guidelines based on household size.
Household Size Income Limit
1
2
3
4
5
6
7
$17,850
$20,400
$22,950
$25,500
$27,550
$29,600
$31,600
2. Property must be an owner-occupied single family home or
duplex located in target neighborhood (see map).
3. Applicant's assets (excluding home) cannot exceed $25,000.
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City of Fridley
Home Improvement Grant Proqram summary
Paqe 2
Improvements
All properties selected for the program will be inspected to
determine the necessary repairs. In general, repairs are limited
to those which correct code violations or substandard conditions
such as:
- Electrical and plumbing systems
- Heating systems .
- Windows and doors
- Health and safety (i.e. smoke detectors, handrails)
Remodeling a kitchen or bathroom, or other strictly cosmetic
repairs are not allowed.
Selection Criteria
All applicants who meet the eligibility requirements will be
considered for the program. Points will be awarded for age of
property and the applicant's income. Those with the highest scores
will receive first priority. Others will be placed on a waiting
list or referred to other programs.
�
* * * Equal Opportunity Employer * * *
SERVICE CONTRACT
betwee�
ANOKA COUNTY COMMUNITY ACT[ON PROGRAM, INC.
and
GITY OF FRiDLEY
THIS AGREEMENT, made this day of , 19 , the date of the signatures of tlte
parties l�erein notwithstand'uig, by and between the City of Fridley, a public body corporate and politic
under the (aws of the State of Minnesota (hereinafter rcferred to as ttic "City"), and the Anoka County
Community Action Program, Incorporated, a SOl(c){3) aioii-profit corporation, with its of�ces at 1201 -
89th Avenue N.E., Blaine, Minnesota 55434 (hereinafter referred to as the "Contractor").
WITNESSETH THAT:
WHEREAS, Title II af the Housing and Community Development Act of 1974, as ar�zended, provides for a
program of Community Development Block Grants; and
WHEREAS, tl�e City of Frid(ey has submitted applications for receipt o[ said CDBG and HOME funds;
and
WHEREAS, said applications have received approval by the United States Department of Housing and
Urban Development for the expenditure of said funds for, in part, delivery of the Fridley Home
Improvement Grant Program in the City of Fridley; and
WHEREAS, the Contractor has agreed to jointly administer said programs for the Ciiy, which proposa! has
been accepted by the City.
NOW, THEREFORE, ui consideration of the mutual covenants contained herein, the parties agree as
follows:
1. TERM
'I�i�e project to be accomplished by the Contractor hereunder shall be from August 1 � 19 94
and stiall be c�mpleted at the earlicst possiUle date and in any event not later than July 3 1
19 95 , unlcss carlier tcrminated as provided herein, or until all obligations set forth in this agreement
havc hccn satisfactorily fuifillcd, wliicf�evcr occurs first,
2. SERVICES TO BE PROVIDED
/�. 'ilie Cuntractor shall do everythiug necessary tc� insurc tlie proE�cr administration o[ the
Pridlcy Ilc�mc Improvemcnt Grant Pro�r:im (licrcivaftcr rc[crrcd tu as thc "I'rogram") as
9C
approvcd by tt�c U.S. Dcpartmcnt of Housing and Urban Dcvelopment (hereinaftcr
rcfcrrcd to as "IIUD").
In ac;complishing said projcet, tl�c ConiraCtor agrees to furnisli, during thc tcrn�s oC this
agreement, the fol{owing services:
(1j Verify titte information, prepare and executc repayment agreements with program
rccipienls.
(2) Conduct property uisQections and prepare bid specifications for work to be
performed.
(3) Assist property owner ui securu�g estunates for the rehabilitation work.
(4) Assist property owner to award work to construction contractor.
(5) Insure construction contractor compliance with the applicable HUD regulations.
(6) Monitor performance of construction contractor work.
(7) File/record necessary lien documents.
(8) Conduct final inspection of work completed.
B. In addition to the processing steps outlined above, the Contractor shall perform the
following duties:
(1) Compile and maintain lists of participating construction contractors.
(2) Comply with the Housing Rehabilitation Procedures Guide, as amended from
time to time.
(3) Provide the City of Pridley with monthly reports on the status of program
, appl ic:a t ions.
(4) Make payments to c;ontractors on a timeh• basis, ui complianee with the Federal
"threc-day rulc".
(S) Acyuire mechanic's liens Cr��m all conUactors, subcon[rac;tors, and material
su�plicrs_
C. In addition, the Contractor shall }�roceed with tite administration of tlte Program as
u�ntaincd in thc Nrobram 13udgct, attached as l:xhibii A and madc a part of this contract
2
. �
by refcrence, rcprescnting Contractor's minimum resE�onsibi(itics to ttie extcnt that said
proposals tiave not been ac:complishccl F�ri��r to tl�c datc c�f this Cautract as entercd into
and to the extent said Pro�osais do ne,t ce��itraclict [1te standards and requiremec�ts referred
to above_
D. Il shall be tl�e respo+isibility of thc Coiitracior to mcci all standards and satisfy all
• rcquiremcnts expres.sed in Titic I of thc I[ous;ng aud Conununity Dcvclopment Act of
1974 as amended and the IiUD Implenicntary [2e�ula�ions at 24 CPR, Part 570, and any
other ap�licable federal statutes, rules, or rcgulations established now on c�reafter, and
any appiicable statutes, rules, regulations, or guidelitics establislied now or hereafter by the
State of Minnesota or any of its agencics. Should it appear to the Contractor at any titne
during the course of implementuig said project, that ttie work to be done has not been
expiained or descrbed in sufficient detail, or with sufficie�at clarity, or should it appear
that any plan, proposal, or other material conflict with any standards or requirements
imposed by statute, regulation, or HUD, the Contractor shall promptly apply to the City's
designated representative, Grant Fernelius. In no e.vent shall the Contractor proceed with
administration of said project ui uncertainty. The Contractor shall comply with the
following requirements and standards of OMB Circular No. A-122, "Cost Principles for
Non Profit Organizations" or OMB Circular No. A-21, "Cost Pruiciples for Educational
Institutions", as applicable, and with the followutg Attachments to OMB Circu(ar No. A-
110:
(1) Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit
insurance;
(2) Attachment B, "Bonding and Insurance';
(3) Attachment C, "Retention and Custodial Requirements for Records", except that
in lieu of the provisions of paragraph 4, the retention period for records
pertaining to individual CDBG activities starts from the date of submission of tlie
annual perforrnance and evaluation report, as prescrbed in 570.507, in which the
specific activity is reported o❑ for the fival time;
(4) Attachment F, "Staudards for C'inanciai Managentcnt Systems";
(5) Attachment H, "Monitoruig and Reporting Program Perforniance", paragrapli 2;
(6) Attachmcut IV, "Property Manabement Standards", cxcept for parabraph 3
concerning ttte standards for real property, auci except that paragraphs 6 and 7 arc
so modificd so that
(i) L► all cascs in wl�ich �crsonal �roperty is sold, thc rrocecds sha(I bc
program income, and
3
��
(u) Persona) property not needed by the subrecipient for CDBG activities
shalt be transferred to the recipient for the CDI3G program or shatl be
retaincd aftcr compcnsatuig the recipient; and
(7) Attachment O, "1'rocurenient Standards".
3. PRO.IECT METHODOLOGY AND PROCEDURE �
The Contractor, in providing the secvices descrbed in Section 2 of this Contrad, shall employ methods and
procedures that are deemed to be appropriate, reliable, and professiona! by individuals, fi�ns, and
associations regularly engaged in work of a similar nature. The methods and procedures employed shall
include those required by the sources of authorit3+ speci6ed in.Sedion 2, herein, but shall not necessan7y
be limited to such methods and procedures. .
4. PROJECT EVALUATION AND ACCEPTANCE
In order that the City may be kept informed of the Contractor's progress, may properly evaluate the
success of the Contractor in achieving the Contract goals, and may make suggestions, criticisms, and
recommendations to the Contractor, the Contractor shall on a monthly basis and at other times upon
request by the City, send a written progress report to the City's designated representative, Grant Fernelius.
Said report shall: Summarize the adivities and progress of the Contractor to date, deta�ling specia! ,
problems or difficulties that have arisen during the course of the gro�ect which needs to be brought to the
attention of the City and summarizing any other information, problems, or proposals which the City needs
to know in order to properly evaluate the adions of the Contractor in working toarards the Contrad goal.
The Contractor shall thoroughly and conscientiously implement the proposals, reoommendations, and
criticisms of the City's designated representative, Grant Fernelius, or others designated by Grant Fernelius,
in writing, before proceeding further with the implementation of the program so that the goals of this
Contract may be met to the satisfadion of the City. Any deviations from the goals, standards, and
requirements of the projed as determined by said designated representatives of the City shall be corrected
by the Contractor beEore proceeding further with the implementation of said project. .
5. PROJECT ADMINISTRATION, PERSONNEL, AND RECORDS
A. The Contractor shall engage in the implementation of the Program, such individuals as are
necessary for its proper completion. The Contractor warrants and represents that all of
said uidividua(s shall be properly trained, and shall be competent and qualified to perform
the tasks assigned to them. The Contractor shall provide the City with such information
regarding the quali6cations of said individuals as is required by the City to verity that
present and subsequent scrvices arc being rendered by competent and trained people. All
individuals engaged by the Contractor to perforni services under this Contract must
receive express approvai oi tl�e City before comn�eucing any services under the Contract.
Any or all of said iudividuats may bc regutar emptoyees of the Contractor or may bc
4
�
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specifically employed by the Contractor as independent contractors to work on the
impiementation of said project. However, the Contractor shall not subcantrad with any
othcr [irnis, as.sociatio��s, consulting agcncics, or othcr organi�ations for the
implementation af the Program, without thc expressed wriucn consent of thc City_
i3. The Contractor shall maintain records on all individuals employed Uy it in the
implementation of thc Pro�rani. Said records shall sliow the name and qualifications of
.. .. each such: individual,. the hour(y rate, of pay for.each such uidividual,. and �he; numbeF of . ..
hours worked by each such individual, acid the days on which such hours were wocked. '
The Contractor shal! also mau�tain, and complete in correct form, a11 other records
required by the rules, regulations, or guidelines of HUD or by Title I of the Housing and
Community Development Act of 1974 as amended and the HUD Implementary
Regulations at 24 CFR, Part 570. The Coritractor further agrees to maintain all such
required records for three years after receipt of fmal payment and all other pending
matters are closed.
6. DATA PRNACY
Al( data collected, created, received, mauitained, or disseminated, or used for any purposes in the course
of the Contractor performance of this Agreement is govemed by the Minnesota Govemment Data
Practices Act, Minnesota Statutes 1984, Section 13.01 et. seq. or any other applicable State statutes and
any State rules adopted to implement the Act, as well as State statutes and Federal regulations on data
privacy. The Contractor agrees to abide by these statutes, raies, and regulations and as they may be
amended.
7. NONDISCRIMINATION
A. Genera!
The Contractor shall compiy with all federal, state, and local laws prohbiting discrimination on the
basis of age, sex, marital status, race, creed, color, national origin, sexual orientation, or the
presence of any sensory, menta(, or physical handicap or any other basis now or hereafter
prohbited by Law. These requirements are speci6ed in Section 109 of the I-Iousing and
Community Development Act of 1974; Civ�7 Rights Act of 1964, Title VI; Civil Rights Act of 1968,
Title VIII; Executive Order 11063; Executive Order 11246; Section 3 of the Housing and Urban
Development Act of 1968; and Minnesota Statutes Chapter 363. Specifica[(y, the Contractor is
prohibited from taking any
discriminatory actions defined ut the HUD Regulations ai 24 CFR 570.602(b) (1-3) aetd shall take
such affirmative and corrective aciions as are required by ihe Regulations at CFR 570.602(b)(-l).
These requirements are summarized 'u� tl�e following paragraplis:
E
9G
I3. Pro�ram Benefit
Thc Contractor shall not discriminatc against any resident of the project se�vice area by dcnying
bene6t from or participation in any block grant funded activity on the basis of race, color, seu, or
national origin. (Civil Rights Act of 1964, Title VI; Civ�7 Rights Act of 1968, Title VI[; Section
109, Housing and Community Development Act of 1974).
. C. . . . �air• I-Iousin� : . . , . . • � . - . . . . • _ � . . • � .
The Contractor shall take necessary and appropriate actions to prevent discrimination on the �basis
of Minnesota State law or federal law in federally assisted 6ousing and lending practices related to
loans insured or guaranteed by the federal government. (Civ� Rights Act of 1968, Title VII;
Executive Order 11063; Minnesota Statutes Chapter 363). � �
D. EmploYment
1. In aIl solicitations under this Agreement, the Contractor shall state that all
qualified applicants w�11 be considered for employment. The words "equal
opportunity employer" iu advertisemeats shall coustitute compliance with this
section.
2. The Contractor shall not discriminate against an employee or applicant for
employment in connedion with this Agreement because of age, marital status,
race, creed, color, national origin, sexual orientation, or the presence of any
sensory, mental, or physical handicap, except when there is a bona:.fide
occupational limitation. Suc� adion shall include, but not be limited to the
fotlowing: Employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selectiou for training. (Executive Order 11246 as amended
and Minnesota Statutes Chapter 363.)
3. To the greatest extent feasble, the Contrador shall provide training and
employment opportunities for lower income residents within the area served by
block grant assisted projects (Section 3, Housing and Community Development
Act of 1968, as amended).
E. Contractors and Suppliers
1. No contractor, subcontractor, union, or vendor engaged in any activity under this
Agreement slia(t discriminate in the sale of materials, equipment, or labor on the
basis of age, sex, maritat status, race, creed, color, national origin, sexual
orientation, or the presence of any sensory, mental, or physical haudicap. Such
practices include upgrading, demotion, recruiting, transfer, layoff, termination, pay
.,��•
9H
rate, and advertisement for employment. (Executivc Ordcr 11246 as amende�
and Minnesota Statutes Cliaptcr 363).
2. Ali firms and organizations descnbed above shail i�c rcyuircd to submit to the
' Agency certificates of compliance demonstrating that they have, in fact, complied
with the [oregoing provisions; provided, that certificates of compliance shall not
be requircd from firnis and organizations on contracts and/or yearly sales of less
... . . .. . � . . . . than $10,000:. . ,� . . . . . . . -� . ' : .. . . '. . � . .• � . . . ,.�
3. To the greatest extent feasble, the Contracior shall purchase supplies and services
for activities under this agreement from vendors and contractors whose businesses
F. Notice
are located in tlie area served by block grant funded activities or owned in
substantial part by project area residents. (Section 3, Housing and Community
Development Act of 1968, as amended.)
The Contractor shall inctude the provisions of the appropriate subsections A, B,
C, D, and E of this section in every contract or purchase order for goods and
services under this Agreament and shall send to each labor union or
representative of workers with which it has a collective bargaining agreement or
other contract or understanding a notice advising the said labor union or worker's
representative of the commitments made in these subsections.
2. In advertising for employees, goods, or services for activities under this
Agreement, the Contractor shall ut�lize minority publications in addition to
publications of general circulation.
8. EARLY TERMINATION
This Agreement rrtay be terminated by ihe City at aay time, with or withoat cause, upon 30 days written
notice, delivered by ma�1 or in person, to the Contrador. This Agreement may be terminated by the City
immediately upon the receipt by the City of notice of the loss of federal funding for the Community
Development Block Grant Program (CDBG) or HOME program. For purposes of giving notices
hereunder, the address of the Contractor is 1201 - 89th Avenue N.E., Blaine, MN 55434. Upon
termination, tlie Contractor shal! be entitled to receive as compensateon, payment for work actually
performed to the date of termuiation as determnted by the schedule of payment referred to in Section 10
(Compensation). - �
9. DEFAULT AIYD REMEDY
A. Any of the followiug constitutes a de[ault on the part of the Contractor:
7
91
�2)
re to procced with the implementation of the Program at a pace reasonably
lated to implement sucli program within thc time limits stated herein;
Failuro to conscientiously abide by the criticisms, proposals, and recommendations
of the City;
(3) Failure to abide by any otl�er terni or condition of this Contract.
B. In the event of default, the City shall have tl�e option of terminating this Contract upon
writtcn notice of tern�u�ation sent to the Contractor at its address written above.
Trrmination shall be effective immediately upon receipt of notice of tern�ination by the
Contractor, or at such later date as the written notice shall state. Upon tertnination, the
City may recover from the Coniractor any and al! damages directly or consequently arising
out of the breach of this contrac[ or fa�7ure to perfotm the same by the Contractor.
10. COMPENSATION
As complete compensation for the services to be performed hereunder by the Contractor, the City shalt
reimburse the Contractor ot� a cost basis for the necessary services provided by the Contractor pursuant to
Section 2 of this contract. In no eveni shall the total payment exceed the sum of the administrative fee
column in Cxhibit A. Payment by the City shall be by mail and sent to the aforementioned address of the
Contractor within thirty (30) workuig days of billing hy the Contractor and only upon receipt of a b�7ling
statement from the Contractor containing such information as the City stiall require. The Contractor
agrees that all compensation received from the City wiil be used to compensate the Contractor only for
costs incurred in provid'nig necessary services hereunder, and for no other purposes. Any compensation
received by the Contractor ui excess of said necessary costs shall be promptly refunded to the City upon
termination of this co�itract or upon demand by the City.
11. INDEPENDENT CONTRACTOR
"I�hr relationship uC the Contractor to the City is that of an independecit contractor. Nothing in this
Contract shall be construed so as to dc;em any employee or a�*ent of the Contractor an employee of the
Ci[v Eor any �urE�osc:.
12. GOODS AND SERVICES NOT PROVIDED FOR
Nu riaim for goods ��r scrvires Curnished by the Contractor nut prc�viciccl for by tl�e tern�s of this Contract,
��r l�v dulv authorizcci ;iltcrfill<)(1S OC t]lOCI1�IC3U�l[1S Of IIIIS Contract, �vill hc (iunorcd hy thc City.
13. C�[ANCES IN THE CONTRACT
t'hc City shall i�c�tify thc Ccintractor in writing at Icast fivc days hcfurc auy chanbc in this Contract is to
�
t-l�J
takc cffcct.
14. ASSIGNMENTS AND �UBCONTRACTING
A. T1ie Contractor shall not assign any portion of this Agreement without the written cc�nsent
of !he City, aiid it is further agrced that said consent n�ust be sought by the Contractor
not (ess than thirty (30) days nriar to the date of any propased assignment.
B. Any work or services assi�med or subcontracted hereunder shall be subject to each
provision of this Agreement and proper bidding prqcedures contained tlterein. The
Contractor agrees that it is as fully responsible to the Citv for the acts and omissions of its
subcontractors �and of tlieir employees and age�its, as it is for the acts and omissions of its
own employees and agents.
15. 7NDEMNIFICATION
The Contractor agrees to indemnify, defend, and hold harmless the City (includ'u�g its Council members,
officers, and employees) from all claims, losses, or damages whict� they, or any of tliem shall be legatly
obligated to pay as a consequence of any negligeut act or omission, any u�tentional tort, or any violation of
tl�e terms of this agreement, by ttie Contractor (including its officers, emplu�-ees, and agents) in the
performance of its services that are tl�e subject of tliis agreemeiit.
16. REVERSION OF ASSETS
Upon ttie expiration or terniination of this agreement, the Cocitractor shall transfer to the City any CDBG
funds on hand or in the accounts receivable attributable to the use of CDBG funds. In addition, at the
expiration or termuiation of this agreement, any real property under the Contractor's control tliat was
acquired or improved ui whole or ui part with CDBG funds in excess of $2�,000.00 shall be disposed of ui
a manner whicli results in the agency beuig reimbursed in the .amount of the current fair market value of
the property less any portion thereof attributable to the ex�cnditures of non-CDI3G funds for acquisition
of, or improvement to, the real property. Sucl� reimbursement shall uot be required if the conditions of 24
CrR State Statute �70.�03(b)(8)(i) are met a►id satisficd.
17. DISPOSITION OF PROGRAM INCOti1E
Upc�n tlte c�E�ir:+tic>�t <�r tentiinatic�n <>f this agreen�ent, ��rc>�rar>> inc�>ni� s{ta;l hc rciurnee� bv the Cu��tractur
tc� thc ('itv.
18. INSURANC�
l�h� Contractur shall cc�niply with thc following insurancc royuircntcuts:
0
9K
A. 1'ublic I_iabilitv Insurance
"l�he Contractor shail obtau� and maintain continuously during thc terni of this agreemcnt
general liaUility iusurance oC au amount not less than One Miilion and no/100
($1,000,000.00) Dollars which covers bodily injury and property damage and an umbrella
excess liability policy of Three Million and no/100 ($3,000,000.00} Dollars and provide
proof of Worker's Compensation Insurance pursuant to the Statutes of the State of
Minnesota. The general liability insurance policy and umbrella excess liability policy shall
name the City as an additional u�sured.
I3. I'roof of Insurance
The Contractor shall provide certificates of insurance required under this section, or, upon
request of the City, duplicates of the policies as evidence of the insurance protection
afforded. Such insurance policies shall not be reduced or cancelled without sixty (60) days
prior written notice to the City.
19. ENTIRE AGREEMENT/REOUIREMEI�IT OF A WRITING
It is understood and agreed that the entire agreement of the parties is contained herein and that this
Contract supersedes all oral agreements and negotiations between the parties relatuig to the subject matter
hereof as well as any previous Contract presently ui effect between the City and the Contractor relating to
the subject mauer hereof. Any alterations, variations, modificatians, or waivers o�' the provisions of this
Coutract sha(1 be valid only when they have been reduced to writu�g and duly signed by the parties.
20. EXHIBITS
"Ihe follawuig attachments listed below are hereby incorporated 'ui this agreement and made a part hereof:
l�xliibit !� - Program I3udget
Exhibit I3 - Ccrtification
r.��a�<< c-�.� cra ss; Cositracting with sma(1 and minority firnis, women's business enterprise, and labor
surE�lus arca firti�s.
IN �VITNESS �VEtEREOF, the partics herc licrcuncfcr set thcir hands as of tlie date written t�elotv;
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9L
CITY OF FRIDLEY
13y
Datc:
By
Date:
13v
Date:
Approved as to from:
ANOti�► COUNTY CO�i�tUN[TY
ACT[ON PROCRA.�I, I\C.
t3y
Uatc:
�y
Date:
11
9M
Exhibit A
Program Budget
Total
% of Available '
Source Total Admin. Total to Program �
I
1994 CDBG $124,612 $13,707 (a) 11.0% $110,905
C1►�
Exhibit B
CERTIFlCATION
The Undersigned, on behalf of the Agency, certifies, to the besf of his or her knowledge and
belief, ihat: -
(1) No Fede�at appropriated funds have been paid or wili be paid, by or on behalf oi the
undersigned, to any person for influenci�g or attempting to influence an officer or em��oyee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in con�aection with the awarding of any Federal contract, the making of any
Federai grant, the making of any Federa� loan, the entering into of any cooperative agreement,
and the extei�sion, continuati�n, renewa(, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2} tf any funds other than Federa! appropriated funds have been paid o; wilt be paid to any
person for influencing or attempting to influence an ofificer or employee of any agency, a Member
of Congress, an o�cer or employee of Congress, o� an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or coope�ative agreement, the undersigned
shall complete and submit Standard Form -LLL, "Disclosure rorm to Report Lobbying," in
accordance with its instructions.
(3) The undersigned shap require that the language of this certi�ication be inc(uded in the
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that aA subrecipients shal! certify and
disclose accordingfy.
This certification is a materia! representation of fact upon which reliance �vas placed ����hen thi�
transaction was made or entered ir�to. Submission ot this certification is 2 prerequisite for making
or entering into this transaction imposed by section i 332, title 31, U.S. Code. ARy pzrson tivho
fails to file the required certification shaif be subject to a civil penaltv o` no: less th�n 510,000 an�
not more than S100,000 ior each such failure.
AGENCY
By:
Its:
Date:
. �
By:
Its:
Date:
___.-----
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(24 CFR 85)
Administrative Requirements for Grants and
Cooperative Agreements to State, Locat & Federally
Recognized Indian Tribal Governments
(e, c.on«ar.ing w�tn smol/ onc
minvri :v jrrms, women's business
ence: p: rse and lnbor ssrplus areo ji ,r„s.
(i) The grantee and subgrante- wili take
alt r�ce�• �.y afftr.r.ative step� to assure
that mino:ity firms. women's business
enterprises. and labor surplus area firess
are used when possibie. �
(3j Afiir,aative steps saatl include:
(i) Placing qualified small and
minority businesses and women's
business er.te:-pryses on solicitation lists:
(iiJ Ass:::iag that snali aad r.�.i:,ority �
� businesses. and wor.ien's busiaess
entecprises are solicited whenev=r tney �
2r� po:en:ial sources: �
(iii) Diti•iding total reQuirersents. w�er. �
economically feasible. into smalier tas;cs {
c: qcan:ities to permit maximu.� ;
,
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• �
Exhibit C
� _
�
Community Development Department
PLANNING DIVISION
City of Fridley
DATE: September 1, 1994 f7'
�`-
TO: William Burns, City Manager �
FROM:
SUBJECT:
Barbara Dacy, Community Development Director
Resolution Endorsing Leasehold Cooperative Tax
Status for Properties in Hyde Park
Anoka County Community Action Program (ACCAPj has submitted an
application to the Minnesota Housing Finance Agency (MHFA) to
acquire and rehabilitate one four-plex and two seven unit
buildings in Hyde Park. The purpose of the project is to create
affordable housing for single, low income individuals. The three
buildings will be owned and managed by ACCAP as a leasehold
cooperative; the tenants will not own a share of the cooperative
as is typically done, but they will lease the share from ACCAP.
The leasehold cooperative properties are taxed at a lower rate
than typical multiple family rental properties (see Assessor's
analysis attached). ACCAP is requesting that the City Council
endorse the project and support the lower tax rate on these
properties.
The properties to be acquired include 6008 - 2nd Street, 5908 - 2
1/2 Street, and 5916 - 2 1/2 Street. All of the buildings were
on the market for several months, and ACCAP has executed purchase
agreements with the three owners. The estimated tax loss for the
three properties is $1,394 per year.
After further evaluation, ACCAP decided not to pursue an
application for the two four-plexes on Channel Road. According
to their consultant who is preparing the applications, the
Channel Road project did not meet the funding criteria as well as
the applications for the buildings in Hyde Park. I did request
that ACCAP pursue acquisition of the buildings anyway so that we
could pursue a rehabilitation project. ACCAP tried to negotiate
a financing arrangement with the owner, but unfortunately, they
could not come to an agreement such that ACCAP could purchase the
property with its own funds.
ACCAP did find another four-plex at
be eligible for an application for
from MHFA. This project would not
380 - 57th Place which would
a transitional housing program
require the leasehold
Leasehold Cooperative Tax Status
September 1, 1994
Page 2
cooperative status. Because the Channel Road project did not
proceed, a letter from the Executive Director of the HRA was
submitted in support of the 57th Place application using the same
approach as we did on the Hyde Park property. This will have to
be approved by the HRA at its September 8, 1994 meeting.
Recommendation
Staff recommends the City Council adopt
supporting a leasehold cooperative tax
apartment properties in Hyde Park. The
rehabilitate a total of 18 units which
well as provide affordable housing for
BD/dn
M-94-5I6
1�'
the attached resolution
status on the three
proposed project will
are in poor condition as
Fridley citizens.
RESOLIITION NO. - 1994
° RESOLIITION APPROVING ANOKA COIINTY COMMIINITY
ACTION PROGRAM LEASEHOLD COOPERATIVE TA8
STATIIS IN HYDE PARR
WHEREAS, the Anoka County Community Action Program (ACCAP)
provides affordable housing for low and moderate income
individuals; and
WHEREAS, ACCAP has executed purchase agreements on three multiple
family properties in Hyde Park (6008 - 2nd Street, 5908 and 5916
- 2 1/2 Street); and
WHEREAS, ACCAP intends to use HOME funds and to apply to the
Minnesota Housing Finance Agency for funds to acquire and
rehabilitate these units; and
WHEREAS, ACCAP proposes to operate these apartment units as
leasehold cooperatives; and
WHEREAS, the rehabilitation of these buildings is consistent with
the City of Fridley's housing program; and
WHEREAS, the Fridley Housing & Redevelopment Authority has agreed
to provide rehabilitation assistance.
NOW, THEREFORE, BE IT RES�LVED, that the City of Fridley supparts
the ACCAP project to operate the three multiple family properties
as leasehold cooperatives; and
BE IT FURTHER RESOLVED that the City endorses the property to be
taxed at the cooperative tax status rate.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF _, 1994.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
1:
WILLIAM J. NEE - MAYOR
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CtTY OF
FRlDLEY
FRIDLEY 1VIUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(6l2) 571-3450 • FAX (612) 571-1287
August 23, 1994
Ms. Kathryn Hadley
Commissioner
Minnesota Housing Finance Agency
400 Sibley Street
Suite 300
St. Paul, MN 55155
Dear Commissioner Hadley:
I am writing this letter in support of the Anoka County Community Action
Program's (ACCAP) application for funds under the Affordable Rental Investment
Fund. The proposal is to purchase one four-unit and finro seven-unit apartment
buildings to provide low income housing in Fridley.
The apartment buildings are located in a neighborhood in Fridley known as Hyde
Park. The Hyde Park neighborhood was identified in the City's comprehensive
plan as a"primary focus neighborhood." A recent 1991 market study completed
by the Maxfield Research Group also identified this area as in need of
rehabilitation and redevelopment. ACCAP's proposal to acquire, rehabilitate and
manage these buildings is consistent with the City's comprehensive plan and
housing program.
City support of this project will be provided in the following ways:
1. On September 6, 1994, the Fridley City Council will be asked to
approve a resolution endorsing the tax status of the properties as
"leasehold cooperative" properties. Those properties are taxed at a
rate which is equivalent to the homestead rate. The tax savings will
help ACCAP to provide affordable housing.
10D
Ms. Kathryn Hadley
August 23, 1994
Page Two
2. At the August 11, 1994f Housing and Redevelopment Authority
meeting, rehabilitation assistance was authorized for this project. The
Fridley HRA will provide a grant of $45,000 and will also provide a
$45,000 low interest loan (5 percent over 30 years). The HRA's
participation represents about 50 percent of the rehabilitation costs.
Anoka County continues to have a serious shortage of !ow income housing
options, including low cost rental housing. The purchase of these apartments
would allow the needs of individuals and families for decent, low cost housing to
be met.
The City of Fridiey has worked cooperatively with the Anoka County Community
Action Program. ACCAP is an effective provider of housing. I very strongly
encourage the award of grant funds to this project.
Sincerely,
,��!�,,.� ��-�.�--
WiNiam W. Burns
City Manager/Executive Director of HRA
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UIYOF
FRIDLEY
FR[DLEY MUNIC[PAL CENTER • 6431 UNIVERSITY AVE. N.E. FR[DLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
August 23, 1994
Ms. Kathryn Hadley
Commissioner �
Minnesota Housing Finance Agency
400 Sibiey Street
Suite 300
St. Paul, MN 55155
Dear Commissioner Hadley:
I am writing this letter in support of the Anoka County Community Action Program's
(ACCAP) application for funds under the Transitional Housing Program. The proposal
is to purchase a four unit apartment building at 380 - 57th Place in Fridley for use as
transitional housing.
The apartment building is located in City �ew Addition, just northeast of the University
Avenue and 57th Avenue intersection. This was identified as a"primary focus"
neighborhood in the City's comprehensive plan. Acquisition, rehabilitation and
management by ACCAP of this structure is consistent with the goals stated in the City's
comprehensive plan and housing program.
Subject to the approval of the board members, the Fridley Housing and Redevelopment
Authority wil( provide assistance equal to 50 percent of the rehabi(itation costs. One-ha(f
of the assistance wiil take the form of a 30 year loan financed at a favorable interest rate.
The other half of the assistance will also take the form of a loan that will not be repayable
until the property is sold.
We have enjoyed working with the Anoka County Community Action Program. ACCAP
is an effective provider of housing and we look forward to working with them on this
project as well. I strongiy encourage the award of grant funds to this project.
Sincerely,
���� ����
William W. Burns
City Manager/Executive Director of HRA
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CITY OF FRIDLEY
ASSESSOR'S OFFICE
r�IORANDUH
To: Barb Dacy, Director of Community Development
From: Leon Madsen, City Assessor
Subject: ACCAP Hyde Park leased co-op proposal
Date: August 11, 1994 •
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$S$$$$$$$$$$$$$$$$$$$$$$$$$$
State Statute 273.124, subd. 6 and 6a, are the applicable rules for taxation_ I must
admit that I am not, 'at all, familier with these kinds of projects. As you indicated,
Columbia Heights is in the process of dealing with one, and the County Assessor is,
currendy, working on it. There are 2 major considerations in determining the tax on
these:
-What will the value be after the rehab work is completed?
The County Assessors Office appraises these properties, so its basically up
to them for value. My guess is that simple cosmetic improvements may
not have much impact on value. The market rents, that will be established,
may have some impact.
-Will the project meet the very �complicated rules outlined in 273.124?
I suppose that, ACCAP will be working with Dan Klint, Asst. Anoka
_ County Attorney, in drawing up the co-op, so that it meets the homestead
requirements.
Therefore, attached are my calculations of a tax comparison:
10H
�
0
Hyde Park Co -- op proposat �
e���d�,g
Current EMV EMVNnit Current Tax
6003 2nd St., 4—unrt $�'i,600 $23,900 $3,i'24
5916 2 1/2 St., 7—unit $121,200 $30,300 $4,721
5908 2 1�2 St., 7—unit $121,200 ''0,300 $4,721
v
'i oi
s����,9
Est. Tax Est. City
as HS Co—op Revenue Loss
$1,095 $394
$i,388 $a00
$i,388 $.50�
1094
were homestead
�alorem property
�re;
i lease; and
the fact that the
Is.
more dwe(lings,
owned by a cor-
son who owns a
y a dwelling, or
'.aim homestead
ntaining several
ing occupied by
tion or number,
nder this subdi-
�r more than 80
staining several
tive units com-
ivision, the cor-
;ht to occupy a
iar�table corpo-
npt thereunder
ect to member
�I participation
'Ired home park
and each per-
tled to occupy
ead treatment
1 description
or each home-
't were home-
rem property
ither directly,
holly owned
ssociation.
no outstand-
) tax-exempt
of the manu-
ing them to
ral dwelling
s a nonprofit
r which they
cation must
in the man-
s.
ral dweiling '` '
ter 80D and
ith persons
1095 TAXFS; LISTING, ASSESSMEIV'f 273.124
who occupy a unit in the building and the residency agreement entitles the resident to
occupancy in the building after personal assets are exhausted and regardless of ability
to pay the monthly maintenance fee, homestead classification shall be given to each unit
so occupied and the entire building shall be assessed in the manner provided in subdivi-
sion 3 for cooperatives and charitable corporations.
Subd. 6. Leasehold cooperatives. When one or more dwellings or one or more
buildings which each contain several dwelling units is owned by a nonprofit corporation
subject to the provisions of chapter 317A and qualifying under section 501(c)(3) or
501(c)(4) of the Internal Revenue Code of 1986, as amended through December 31,
1990, or a limited partnership which corporation or partnership operates the property
in conjunction with a cooperative association, and has received public financing, home-
stead treatment may be claimed by the cooperative association on behalf of the mem-
bers of the cooperative for each'dwelling unit occupied by a member of the cooperative.
The cooperative association must provide the assessor with the social security numbers
of those members. To qualify for the treatment provided by this subdivision, the fol-
lowing conditions must be met:
(a) the cooperative association must be organized under chapter 308A and all vot-
ing members of the board of directors must be resident tenants of the cooperative and
must be elected by the resident tenants of the cooperative;
(b) the cooperative association must have a lease for occupancy of the property for
a term of at least 20 years, which permits the cooperative association, while not in
default on the lease, to participate materially in the management of the property,
including material participation in establishing budgets, setting rent levels, and hiring
and supervising a management agent;
(c) to the extent permitted under state or federal law, the cooperative association
must have a right under a written agreement with the owner to purchase the property
if the owner proposes to seli it; if the cooperative association does not purchase the
property it is offered for sale, the owner may not subsequently sell the property to
another purchaser ai a price lower than the price at which it was offered for sale to the
cooperative association unless the cooperative association approves the sale;
(d) a minimum of 40 percent of the cooperative association's members must have
incomes at or less than 60 percent of area median gross income as determined by the
United States Secretary of Housing and Urban Development under section
142(d)(2)(B) of the Internal Revenue Code of 1986, as amended through December 31,
1991. For purposes of this clause, "member income" means the income of a member
existing at the time the member acquires cooperative membership;
(e) if a limited partnership owns the property, it must include as the managing gen-
eral partner a nonprofit organization operating under the provisions of chapter 317A
and qualifying under section 501(c)(3) or SQ1(c)(4) of the Internal Revenue Code of
1986, as amended through December 31, 1990, and the limited partnership agreement
must provide that the managing general partner have suf%cient powers so that it materi-
ally participates in the management and control of the limited partnership;
( fl prior to becoming a member of a leasehold cooperative described in this subdi-
vision, a person must have received notice that (1) describes leasehold cooperative
property in plain language, including but not limited to the effects of classification
under this subdivision on rents, property taxes and tax credits or refunds, and operating
expenses, and (2) states that copies of the articles .of incorporation and bylaws of the
cooperative association, the lease between the owner and the cooperative assqciation,
a sample sublease between the cooperative association and a tenant, and, if the owner
is a partnership, a copy of the limited partnership agreement, can be obtained upon
written request at no charge from the owner, and the owner must send or deliver the
materials.within seven days after receiving anyrequest; � .
(g) if a dweliing unit of a building was occupied on the 60th day prior to the date
on which the unit became leasehold cooperative propeRy described in this subdivision,
the notice described in paragraph (� must have been sent by first class mail to the oocu-
pant of the unit at least 60 days prior to the date on which the unit became leasehold
10J
273.124 TAXFS; LISTING, ASSESSMEIVT ��6
cooperative property. For purposes of the notice under this paragraph, the copies of the
documents referred to in paragraph (� may be in proposed version, provided that any
subsequent material alteration of those documents made after the occupant has
requested a copy shall be disclosed to any occupant who has requested a copy of the
document. Copies of the articles of incorporation and certificate of limited partnership
shall be filed with the secretary of state after the expiration of the 60-day period unless
the change to leasehotd cooperative status does not proceed;
(1S) the county attorney of the county in which the property is located must certify
to the assessor that the property meets the requirements of this subdivision;
(i) the public financing received must be from at least one of the following sources:
( I) tax increment financing proceeds used for the acquisition or rehabilitation of
the building or interest rate write-downs relating to the acquisition of the building;
(2) government issued bonds exempt from taxes under section 103 of the Intemal
Revenue Code of 1986, as amended through December 31, 1991, the proceeds of which
are used for the acquisition or rehabilitation of the building;
(3) programs under section�221(d�3), 202, or 236, of Title II of the National Hous-
ing Act;
(4) rental housing program funds under Section 8 of the United States Housing
Act of 1937 or the market rate family graduated payment mortgage program funds
administered by the Minnesota housing finance agency that are used for the acquisition
or rehabilitation of the building;
(5) low-income housing credii under section 42 of the Internal Revenue Code of
1986, as amended through December 31, 1991;
(6) public financing provided by a local government used for the acquisition or
rehabilitation of the building, inctuding grants or loans from (i) federal community
development block grants; (ii) HOME block grants; or (iii) residential rental bonds
issued under chapter 474A; or
(7) other rental housing program funds provided by the Minnesota housing
finance agency for the acquisition or rehabilitation of the building;
(j) at the time of the initial request for homestead classification or of any transfer
of ownership of the property, the governing body of the municipality in which the prop-
eRy is located must hold a public hearing and make the following findings:
(1) that the granting of the homestead treatment of the apartment's units will facil-
itate safe, clean, affordable housing for the cooperative members that would otherwise
not be available absent the homestead designation;
(2) that the owner has presented information satisfactory to the goveming body
showing that the savings garnered from the homestead designation of the units will be
used to reduce tenant's rents or provide a level of furnishing or maintenance not possi-
ble absent the designation; and
(3) that the requirements of paragraphs (b), (d), and (i) have been met.
Homestead treatment must be afforded to units occupied by members of the coop-
erative association and the units must be assessed as provided in subdivision 3, pro-
vided that any unit not so occupied shall be classified and assessed pursuant to the
appropriate class. No more than three acres of land may, for assessment purposes, be
inctuded with each dwelling unit that qualifies for homestead treatment under this sub-
division.
Subd. 7. Leased buildings or land. For purposes of class 1 determinations, home-
steads include:
(a) buildings and appurtenances owned and used by the occupant as a permanent
residence which are located upon land ihe iitle to which is vested in a person or entity
other than the occupant;
(b) all buildings and appurtenances located upon land owned by the occupant and
used for the purposes of a homestead together with the land upon which they are
located, if all of the following criteria are met:
10K
1097
� _
�
.
Community Development Department
PI.ANIVING DIVISION
City of Fridley
DATE: September 1, 1994 ��/
1"
TO: William Burns, City Manager �
FROM:
SUBJECT:
Backqround
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Steven Barg, Planning Assistant
Appointing City Representative to the National
Organization on Disability
The National Organization on Disability (NOD) is a private, non-
profit organization dedicated to promoting full participation of
persons with disabilities in all aspects of community life.
There is no cost to the City, and participation with NOD enables
the City to receive NOD's quarterly newsletter, have instant
access to information about Federal disability legislation, and
obtain technical assistance regarding implementation of programs
benefitting persons with disabilities.
In January of 1992, the City Council appointed Mr. Roger Blohm to
serve a two-year term as the City's representative to NOD.
During his term, Mr. Blohm worked closely with the Human
Resources Commission promoting an improved quality of life for
the disabled, and keeping the Commission informed on issues
pertaining to persons with disabilities.
Mr. Blohm's term officially expired at the end of 1993; however,
staff inadvertently did not bring this matter of reappointment to
the City Council's attention. Subsequently, Mr. Blohm has
continued to receive information from NOD and remained the City's
liaison to this organization. Recently, Mr. Blohm indicated to
staff that he wished to resign from this position effective
immediately. Staff brought this matter to the Human Resources
Commission at its August 11, 1994 meeting and the Commission
approved a motion recommending that the City Council appoint
Charles Welf as the City's new representative to NOD.
Recommendation
Staff recommends that Charles Welf be appointed to serve as the
City's representative to NOD effective immediately.
SB/dn
M-94-495
FINANCE DEPARTME]
CITY OF: FRIDLEY
TO:
FROM:
SUB3ECT:
DATE:
MEMORANDUM
. _ � `
, :
T ' ; RICHARD D. PRIB`YL '
` ` � FINANCE DIRECTOR
WILLIAM W. BURNS, CITY MANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
BIDS ON PERSONAL COMPUTERS
September 2, 1994
Attached you will find the bid comparisons that we most recently received. As you recall, staff
rebid the PC's because the computer manufacturers did nof comply with the stated
specifications.
What we discovered, as a result of the latest bids, was virtually the same as the last. This time
we had four manufacturers submit bids; three of which had not complied with the specifications
in one form or another. The only company that did comply with the specifications was
Ameridata. This time they did bid the specified computer and the bid was within the budget.
When we reviewed the bids of the non-complying companies we discovered that they are nat
able to offer discount pricing on PC's that are based on the most recent standards. The
discount pricing comes from the clone manufacturer's ability to assemble PC's built from parts
that are most often not based on the newest technology; therefore, they are able to pick up
components at deep discounts.
After reviewing our options, as to what action we might take, we are recommending to Council
to receive the bids, and after receiving them, reject all bids.
We are requesting as a follow up action that Council allow staff to purchase 11 PC's off of the
State Contact which is identical to the Ameridata bid. These PC's would be for the users
identified ,as multi-system or high capacity users. We would then reduce the specifications for
the remaining 11 PC's to take advantage of the price breaks available from the clone
manufacturers. By doing this we would be reducing the overall cost of the acquisition and have
some budget capacity left over for training on various windaws based software.
Since the pricin� on the cloned PC's would be under $25,000, Council would not have to receive
the bids and make the award. Staff is asking for administrative approval to advertise new specs
for the remaining 11 PC's and make an administrative award when they are received. This
would speed up the purchasing process by approximately two to three weeks.
RDP/me
Attachment
12
Ameridata *Computer *PC *Blue
Parts Tailors Star
SYSTEM UNIT 21 39 837.00 27 941.55 29 421.00 40 719.00
DISPLAYS 21 11 781,00 8 090.25 8 442.40
KEYBOARDS 21 871.20 440.00
MICE 21 986.70 594.OQ
TAPE DRIVES 21 4 202.00 3 263.70 3 498.00
POWER LINE PROTECTI4N 21 518.54 132.00
SOFTWARE 21 1 166.00 2 310.40
TOTAL 55 820.00 42 837.94 44 837.00 40 719.00
GIS SYSTEM UNIT 1 3 269.00 1 744.55 1 748.00 2 394.00
GIS DISPLAY 1 972.00 723.35 732.00
TOTAL 4 241.00 2 467.90 2 480.00 2 394.00
Deliver /Installation 1 430.00 475.00 440.00
Hardware Maintenance 5 ear on-site i2 958.00 22 440.00 1 f00.00 2 875.00
Documentation
Confi uration 190.00 79.00
TOTAL 14 578.00 22 915.00 1 619.00 2 875.00
GRAND TOTAL 74 639.00 68 220.84 48 936.00 45 988.00
*Does not meet bid specifications
12A
MEMORANDUM :
` FINANCE DEPARTMENT RICHA:
CITY OF FRIDLEY ' ; c�r�r FrNalvcE
TO:
FROM:
SUBJECT:
DATE:
�
WILLIAM W. BURNS, CITY MANAGER �
RICHARD D. PRIBYL, FINANCE DIRECTOR
USE OF CREDIT CARDS
September 1, 1994
T :DDT72VT
In following with the Council's continuing commitment to customer service, I am providing
the attached resolution. This simple resolution provides an additional convenience for
residents and other customers desiring to pay for services through the use of credit cards.
We will be installing the appropriate equipment within the ne�ct two weeks which will enable
us to take both VISA and MASTERCARD. It appears the equipment and the process
should be in place by October 1, for over the counter payments using this form of tender.
RDP/me
Attachment
13
RESOLUTION NO. - 1994
RESOLUTION AUTHORIZING THE USE OF CREDIT CARDS
AS A METHOD OF PAYMENT FOR CITY SERVICES
WHEREAS, the City of Fridley is committed to providing the highest
quality customer service, and
WHEREAS, the City has identified that the payment types for the
services provided is somewhat limited, and
WHEREAS, the use of credit cards provides an additional convenience
to the residents purchasing services,
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley will
provide as an additional convenience to its residents, the ability
to use both VISA and MASTERCARD as additional ways to pay for City
services. �
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1994.
ATTEST:
WILLIAM J. NEE - MAYOR
WILLIAM A. CHAMPA - CITY CLERK
13A
ME MORAND M
TO: Wiiliam W. Bums, City Manager ��•��� PW94294
FROM: John G. Flora, Public Works Director
Scott Erickson, Assistant Public Works Director�l�,
DATE: September 6, 1994
SUBJECT: Water Senrice Installation Request - Murphy Warehouse and Burlington
Northern
Petitions have been received from Murphy Warehouse Company and Buriington Northem
Leasing Corporation requesting the City install water services to their respective properties on
Main Street. The petitions request the City install the improvement and waive the requirement
for a public hearing. The cost of the installation will be assessed to their abutting property. The
installation of the water services can be incorporated into the contract for the reconstruction of
Main Street.
Recommend Council receive the petitions and waive the public hearing for Murphy Warehouse
Company and Burlington Northern Leasing Corporation requesting the City to install water
services to their respective properties.
SE/JGF:cz
Attachments
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� BURUNGTON NORTHERN RAILROAD
�
Marketing & Property Services
4105 Lexington Avenue North
Suite 200
Arden Hiils, MN 55126
Tel. 612-490-6160
Fax 612-490-6167
August 1, 1994
Mr. Scott Eriekson
Assistant Public Works Director
City of Fridley
Fridley Municipa! Center
6431 University Avenue N.E.
Fridley, Minnesota 55432
llear Mr. Erickson:
As requested in your July 27 letter, attached is our petition reqUesting the
installation of a 12 inch ductile water service line to be stubbed on railroad
property at Main Street NE and 49th Avenue NE in Fridley. The railroad holds the
subject land under the name of BN Leasing Corporation.
Piease let me know if anything further is required to complete this installation.
' c y,
Bruce E. Opp
Manager, Property Ser
. •
CITY OF FRIDLEY
IMPROVEMENT PROJECT
We, the undersigned, do hereby petition the City of Fridley, Mayor and Council for" the instaliation of
the foilowing improvements:
A 12 inch ductile water service line to be stubbed at BN Leasing Corporation's
property located along Main Street NE in Fridley, Minnesota, at its intersection
with 49th Avenue NE. Said improvement is proposed as a water line connection
for future land development purposes�
We further waive ti�e requirements fo� a public hearing on this improvement and �equest that the cost
of these improvements be assessed directly to the abutting properties over a 10-year period.
NAME
BN LEASING CORPORATION
n__ / .�i1A X'�� �
ADDRESS
4105 Lexington Avenue N., Suite 200
Arden Hills, MN 55126
.�� y v
Title LLy),�/�i / 1^o�O+P�r'���t.nd��rr��r�t
14C
CITY OF FRIDLEl'
IMPROVEMENT PROJECT
We, the undersigned, do hereby petition the City of Fridley, Mayor and Council for the
, installation of the following improvements:
Bike Path
Storm Sewer and Water Connections
Grading
Resurface
Concrete Curb and Gutter
We further waive the requirements for a public hearing on this improvement and request that
the cost of these improvements be assessed directly to the abutting properties over a 10-year
period.
NAME
Murphy Warehouse Company
� -
. �
By: L��G
Title: Cha i rman/ CEO
Date: Auqust 18, 1994
STATE OF MINNESOTA )
� SS.
COUNTY OF HENNEPIN )
ADDRESS
701 24th Avenue S.E.
Minneapolis, MN 55414
The foregoing instrument was acknowledged before me this da�� ot , 1994,
by . " _ ; . . , the -
_of Murphy Warzhouse Company, a corporation under the laws of thz State of Minnesota on
behalf of the Corporation.
� ��_ L �-'L ! (^ J �C. � l� C, ��
Notary Public � �
� — -
i LAURtE blUF�PMf
NOTARY PUBLIC—MlNt�50TA
RAAISEY CpUl�(TY
��°"�'"�°"'� 14D
TO:
FROM:
DATE:
SUBJECT:
En9mccr;n9
Sewet
Y:ale�
P�+iks
S��eets
hfairUenancc
ME MORANDUM
r
�iliam W. Bums, City Manager �` �1 �
�
John G. Flora, �Public Works Director
September 6, 1994
Change Order No. 1 to Well No. 1, Project No. 269
PW94297
In June we initiated an emergency repair project for the removal of sand from Well No. 1. In
the past 1 S months we had the well turbines failed three times as a result of sand deterioration
of the turbine vanes. As we are looking at the summer demand period, we initiated an
emergency project to remove the accumulation of sand in Well No. 1.
The contract was awarded to Keys Weil Driiling and was expected that the cost would be under
$25,000 and approximately 30 to 40 cubic yards of sand wouid be removed.
As this was an emergency project based upon the expected summer demand, we continued
to remove sand from the well for an excess of 150 cubic yards and 182 hours of effort.
As a resuit of the work completed, request the Council approve Change Order No. 1 to
Emergency Repair of Well No. 1 Project No. 269 for a totaf cost of $38,100.
JGF:cz
15
�
., ..
�.. ,
MEMORANDUM
Zb: John Flora, Director of Public Works
�: Paul I�wrence, Superintendent of Public Works
DATE: August 30, 1994
SUBJEGT: Well #1
On June 24, 1994, the City contracted with Keys Well Drilling Co. to do
eme�ency repairs to Well #1 to correct sand problems that had caused the failure
of three well turbines in the last 18 months. Keys Well Drilling had estimated
that the necessary work could be completed for less than $24,000 using
information gained fram similar work done in the past. Keys estimated that it
wouZd be necessary to remove 30 or 40 cubic yards of sand in an estimated 60
hours of piunpirig. The actual amount of material removed exczeded 150 cubic yards
and consequently increased the actual removal time to 182 hours causing the total
cost of the work to exceed the budget estimate by $19,100 for a total cost of
$38,100.
Keys Well Drillim� worked in a diligent m�nner to keep the total cost to
the City for this wozk as small as possible.
15A
Cnq�neer�ne�
�n Sewcr
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�
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'
Ii'�I� MOR.1�N�il1Ul��[
TO: William ',�:'. Bums, City Manager PW94-192
FROM: John G. =1ora, Public Works Director
DATE: June 10. � 994
SUBJECT: Well No. i Repair
As mentioned earlier, Weil No. 1 has not been operating because of the sand we are pumping.
in the past 4 years, we have replaced the pump and bowls on this well because of the wear
caused by the sand in the weli.
We have had our consuitant, Maier Stewart & Associates (MSA), review the records and it
appears that redeveloping the weii through an air process should return it to its original
productivity and also remove the sand contamination that we are currently experiencing.
We received quotes from two firms: Traut Wells and Keyes Wells. White Keys is approximately
$3,000 more, they are available for starting the project immediately.
Our concern is that Well No. 1 is necessary to support our summer demands since we are
minimizing the production from Welt No's 6, 7, 6 and 9.
We propose to award the cont�act to Keys Well Drilling to air devefop Well No. 1. I expect the
total project, including Ning the well for our records, to be less then $25,000.
JGF:cz
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15B
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ME MORANDUM
TO: William W. Bums, City Manager,��' � PW94296
,
FROM: John G. Flora, �ublic Works Director
Scott Erickson, Assistant Public Works Director��
Jack Kirk, Park & Recreation Director ��
DATE: September 6, 1994
SUBJECT: Commons Park Shelter (Project No. 26� - Change Order No. 1
Additional work is required regarding the Commons Park shelter construction.
The alignment of the shelter was adjusted in order to miss existing trees on the site. The
realignment moved the sheiter location 26 feet to the east, resuiting in 26 additional feet of water
and sewer service to be installed. The cost for the additional service installation is $419.
The original contract had a unit cost for a restroom hand dryer of $400 each. Only one hand
dryer was included in the original contract. A second hand dryer will need to be installed at a
cost of $400.
The shelter has four (4) exterior doors to the outside. It is recommended to upgrade the doors
to a heavier gage door and frame to increase durability to weather and possible vandalism. The
cost of the upgrade is $125/door for a total cost of $500.
The contract was originally for $103,919. The budgeted amount for this contract is $120,000.
It is recommended that Council approve Change Order No. 1 of the Commons Park Shelter
Project No. 267 in the amount of $1,319.
SE/JGF: cz
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5 YEAA CAPITAL IMPROVEMENT PLAN
BUDGET 1994
City of Fridley
State of Minnesota • .
, Pari� Ca ital Im rovements
1994 �.�
Beginning Balance
Revenues 41.752
Irtterest Income
Park Corrtributions
Currerd Ad Valorem
Homest�d and Agricufture Credit Aid
Total Revenues
Funds Available
Pro ects
Ending Balance
Beginning Balance
Revenues
Funds Available
Proiects
Ending Balance
Playground Equipmerrt Upgrades
Tennis Court Resu►iacing
Commons Park Activiry Building
New Project
ADA Park improvemerrt
Total Projects
1995
Irrterest Income
Park Corrtributions
CurreM Ad Va{orem
Homestead and AgricuRure Credit Aid
Total Revenues
Commons Park Press Box
Court Resurfacing
New Project �
ADA Park Improvemerrt
Tennis Court Over{ays
Total ?rojects
10,000
85,550
15,000
152,30�
987,340
35,000
24,000
..,� 120,000
15,000
194,000
5793.340
�
�
l`_�
�
�
.�
�
5793,340
39,667 �
10,000
85,550 �
15,000
150,217 �
943�557
15,000 �
12,000 �,
15,000 �
56,000
98,000 �
�845 557_
�
�
Y
Zoa6A �1
Engineerin9
Sewer
YJ;�ter
F' �+ r M. �
Jt�CCI>
ff�lfl:l'f1:7f'..C�t:
ME MURANDUM
TO: Wiliiam W. Burns, City Manager � PW94279
.r �
FROM: John G. Flora, Public Works Director
DATE: August 16, 1994
SUBJECT: Posting of "No Tums on Red° on Highway 65
�
At the City Council meeting of August 15, 1994, Council expressed concern regarding the
amount of traffic turning on County Road 35 (Central Avenue) which severely impacts the
neighborhood access to the trunk highway system. Accordingly, the Mayor indicated that the
intersection of Highway 65 and Central Avenue should be designated "no tums on red."
Attached is a resolution to be submitted to the Minnesota Department of Transportation
requesting that signs be posted on the intersection of Highway 65 and Central Avenue to
prevent all tums on red.
JGF: rsc
17
,�
.
�.. ;
RE80LZfFIdTT 1+�. - 1994
•I;r� • / •; •l:r��� :r� ■ Y:1' ' ��� � •l' • � '/ �� •I •��i� Y:1"
� �+•._�:. •; • - :� r.:r r i� •� U •.�r• �
�,5, there is a fair aa�uit of traffic o� Oaunty State Aid Hic�way No. 35, (CSAH 35)
and
�,8, the easterly neighborhoal servioed by Hathaway Iane has exits on to c�H 35 north
of Highway 65, and
�,8, the intersection of Highway 65 and C;SA�i 35 has restrictive turning movements
during the period of 7:00 a.m. to 9:00 a.m. arxi 4:00 p.m. to 6:00 p.m., and
W�AB, during the remairyder of the day, right turnirig traffic on CSAH 35 imp�acts the
exiting of Hathaway Iane, and,
1�,8, Hathaway Lane pravides ac�cess to the highway tnmk syste2n for a lan�e
Iieighborhood, -
la7W, �, 8'� IT RE80LVID TI�iT, the City Cbuncil of the City of Fridley, Anoka
C7a�zty. Minnesota, requests that the Minnesota Depart�nent of Transportation post the
intersection of Highway 65 and CSAii 35 with "No Turns on Red" signs for the northbow�d
traffic.
PASSED ArID ADOPl� BY Tf� CITY OOUNCIL OF TI� CITY OF FRIDLEY T�IIS DAY OF
, 1994.
f•�4�=��
WILLIAM A. C'FIAMPA - CI'i'Y CLEE2K
WILi�M J. NEE - N�YOR
17A
��
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•
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� FOR CONCURRENCE BY THE CITY COUNCIL
���� September 6, 1994
Type of License: B�r�.
CIGARETTE
Mercantile Market M. Albakri
6304 Hwy 65 N.E.
Fridley, MN 55432
FOOD ESTABLISHMENT
Mercantile Market M.�Albakri
6304 Hwy 65 N.E.
Fridley, MN 55432
REFUSE HAULER
Keith Krupenary & Son Keith Krupenary
Disposal Service Inc.
1214 Hall Ave.
St. Paul , MP� 55118
TREE REMOVAL
Miller Tree & Stump Removal
11375 Lexington Ave.
Blaine, MN 55449
Tony Miller
Approved By:
David Sallman
Public Safety Director
LICENSES
Paul Lawrence
Public Works Superintendent
Fees:
$12.00
$35.00
$60.00
$60.00
i �
�
FOR CONCURRENCE BY THE CITY COUNCIL
��GT$�CAL
Atpha & Omega Electric Inc
12705 Eveleth Path
Apple Valley Mn 55124
Richard Otley Electric
1040 Gazdena Ave NE
Fridley MN 55432
C,�AS S�RVI�
East Bethel Heating & AC
16525 Hwy 65 NE
Ham Lake Ml�i 55304
Kath Heating & AC
3096 Rice St
Little Canada MN 55113
Wayne Bezanson
Richard Otley
Peter Chouinard
Bruce Kath
C�FNERAL CONTRACTOR-COMMERCIAL
Donald Findell
6850 Siverts Ln
Fridley MN 55432 Donald Findell
Nelson Brothers Gonstruction Inc
1216 Selby Ave
St Paul MN 55104
Sampson-Lindgren
2228 E 35 St
Minneapolis MN 5540'T-
Hubert Nelson
Dallas Tildahl
(�ENERAI GONTRACTQR-RE�IDENTIAL
Advance Companies Inc (4423)
6401 Central Ave NE
Fridley AvtN 55432 Iarry �'rapp
All Systems Roofing Inc (8963)
2325 Endicott St
St Paul MN 55114
Tom Edwards
21A
LICENSES
STATE OF MINN
Same
JOHN PALACIO
Chief Bldg Ofcl
Same
JOHN P,ALACIO
Chief Bldg Ofci
Same
Same
STATE OF MINN
Same
�
D& D Robertson Const Inc ('7799)
1102 Pike Lake Cir
New Brighton MN 55112
Panelcraft (2179)
31 IS Saelling Ave S
Minneapolis MN 55406-1995
Sampson-Lindgren(3129)
2228 E 35 St
Minneapolis MN 55407-
Sather D M Co Inc (3778}
7920 Powell Rd
Hopkins MN 55345
Wren Builders Inc(4360)
9218 11 Ave S
Bloomingtfln MN 55420
�[EATING
East Bethel Heating & AC
16525 Hwy 65 NE
Ham Lake MN 55304
Kath Heating & AC
3096 Rice St
Little Canada MN 55113
Knott Mechanical Services Co
5941 142 Ave NW
Ramsey MN 55303
LeVahn Bros Inc
3200 Penn Ave N
Minneapolis MN 5541 Z
Rapid Heating & AC
8714 E Research Center Rd
New Hope MN 55428
Dale Robertson
Gary Robideau
Dallas Tildahl
Kevin K:artark
Harold Wren
Peter Ghouinard
Bruce Kath
Ron Knott
Loren LeVahn
Duane Biddle
21B
' Same
Same
Same
Same
Same
JOHN PALACIO
Chief Bldg Ofcl
Same
Same
Same
Same
PLUMBING
Galaxy Mechanical Contr Inc
3151 101 Ave NE
Blaine MN 55449
NS/I Plumbing Inc
791 Hampden Ave
5t Paul MN 55114
Walsh C Plumbing
19909 Polk St NE
Cedar MN 55011
SIGN ERECTOR
Crosstown Sign
10166 Central Ave NE
Minneapolis MN 55434
Moore Sign & Letter Inc
7801 Park Dr
Chanhassen MN 55317
Signcrafters
7775 Mai.n St NE
Fridley MN 55432
Warren Zimmerman
William Bohn
Chuck Walsh
Rick Fox
Randy Herman
Pat Lawrance
21C
STATE OF MINN
Same
Same
JOHN PALACIO
Chief Bldg Ofcl
Same
Same
�
�
��
FRIdLEY
Newquist & Ekstrum
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432 .
ESTIMA►TES
SEPTEMBER 6, i994
Statement for Services Rendered as
City Prosecuting Attorney for the
Month of June, 1994 . . . . . . . . . . .
. . . . . . . . . . . . . . . . . $ 13,972.50
Statement for Services Rendered as
City Prosecuting Attorney for the
Month of July, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,400.00
ASTECH
P.O. Box i 025
St. Cloud, MN 56302
Street Improvement Project (Sealcoat)
Project No. ST. 1994 - 10
FINAL ESTIMATE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 159,488.25
Bituminous Consulting &
Contracting
2456 Main Street N.E.
Blaine, MN 55449
Concrete Street Repair - Kerry Lane
Project No. ST. 1994 - 12
FINAL ESTIMATE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,009.00
22
�
�
rn,r oF
FRiOLEY
NewMech Companies, Inc.
1633 Eustis Street
St. Paul, MN 55108
ESTIMATES
SEPTEMBER 6, i994
Locke Park Water Filter Plant
Project No. 240
Estimate No. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,400.00
Karlen Construction
901 - 125th Avenue N.E.
Blaine, MN 55434
Commons Park She{ter
Project No. 267
Estimate No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,821.45
W.B. Miller, Inc.
6701 Norris Lake Road N.W.
Elk River, MN 55330
Street Reconstruction - Stinson Boulevard
Project No. ST. 1993 - 7
Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 86,491.13
Progressive Contractors, Inc.
8736 Zachary Lane
Osseo, MN 55369
Concrete Street Repair - North & South Innsbruck
Project No. 1994 - 7
Estimate No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109,385.38
._------•
CITY OF FRIDLEY
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
6431 University Avenue N.E.
. Fridley, Minnesota 55432
September 6, 1994
Honorable Mayor and City Council
City of Fridley
c/o �Iliam W. Burns, City Manager
6431 University Avenue N.E.
Fridiey, MN 55432
Council Members:
CERTIFICATE OF THE ENGINEER
We hereby subrr?it the Final Estimate for Street lmprovement Project (Sea{coat) Project
No. ST. 199410, for ASTECH Corporation, P O Box 1025, St. Cloud, MN 56302.
We have viewed the work under contract for the construction of Street Improvement
Project (Sealcoat) Project No. ST. 199410 and find that the same is substantially
complete in accordance with the contract documents. I recommend that final payment
be made upon acceptance of the work by your Honorable Body and that the one year
contractual maintenance bond commence on August 31, 1994.
Respectfully submitted,
j,.% , �
�.---�'��
.�- John G. Flora
Director of Public Works
JT: cz
Prepared by
Checked by
�
September 6, 1994
City of Fridley
STREET IMPRO�/EMENT PROJECT (SEALCOA� PROJECT NO. ST. 199410
CERTIFICATE OF CONTRACTOR
This is to certify that items of the work shown in the statement of work certified herein
have been actually furnished and done for the above-mentioned projects in
accordance with the plans and specifications heretofore approved. The final contract
cost is �159,488.25 and the final payment of $159,488.25 for the improvement project
would cover in f�ll, the contractor's claims against the City for all labor, materials and
other work down by the contractor under this project.
I declare under the penalties of perjury that this statement is just and correct.
ASTECH CORPORATION
�-� � ,�� �
22C
�
September 6, 1994
City of Fridley
STREET IMPROVEMENT PROJECT (SEALCOA� PROJECT NO. ST. 1994-10
PREVAIL(NG WAGE VERIFICATION
This is to certify that ASTECH Corporation has abided by the Prevailing Wage
Provisions as specified by the Minnesota Department of Labor and Industry for Anoka
County.
I declare under the penalties of perjury that this statement is just and correct.
ASTECH CORPORATION
�
� c� ���-�(..2E:�C� :
22D
�
�
September 6, 1994
To: Public Works Director
City of Fridley
REPORT ON FINAL INSPECTION FOR
CITY OF FRIDLEY
STREET IMPROVEMENT PROJECT (SEALCOA� PROJECT NO. ST. 199410
We, the undersigned, have inspected the above-mentioned project and find that the
work required by the contract is substantially complete in conformity with the plans
and specifications of the project.
All deficiencies have been corrected by the contractor. Also, the work for which the
City feels the contractor should receive a reduced price has been agreed upon by the
contractor.
So, therefore, we recommend to you that the City approve the attached FINAL
ESTIMATE for the contractor and the one-year maintenance bond, starting from the
day of the final inspection that being August 31, 1994.
�, _
Jon on, Constructi Inspector '
� � . - � c.� �
,
i
Contractor Representative, (Title)
22E
FROM: City of Fridley
Engineering Division
TO: Honorabie Mayor and City Council
City of Fridiey
° 6431 University Ave� NE
Fridley� MPL 55432
Dated: September 6� 1994
CITY OF FRIDLEY
PUBLIC WORKS DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY� MINNESOTA 55432
RE: Estimate No. 1 (FINAL)
Period Ending: August 31, 1994
FOR: ASTECH
P O Box 1025
St. Cloud� MN 56302
JOB CODE NO.
STREET IMPROVEMENT PROJECT (SEALCOAT)
PROJECT NO. ST. 1994 — 10
City: 408-00-067-415-4530-9402 $119,616.19
MSaS: 408-00-06-415-4530-9403 $39.872.06
STATEMENT OF WORK
A. Seaicoat with FA-3
(0.27 gal/sq yd of emulsion and 21 Ib/sq yd of
crushed granite aggregate)
B. Sealcoat with FA-3
(0.27 gal/sq yd of emulsion and 23 Ib/sq yd of
crushed granite aggregate)
C. Seaicoat with Fridley Aggregate
(0.32 gal/sq yd of emulsion and 27 Ib/sq yd of
crushed granite aggregate)
D. Sweep Before Sealcoat Appiied
E. Sweep After Sealcoat Application
F. 30 in. x 30 in. "loose Rock" signs
G. Deduct for Clearing Catch Basin @ Lake Pointe
H. Deduct for Fridiey Aggregate not Meeting Spec
22F
85,898
172,692
23,810
282,400
282,400
62
0.4688 SY
0.4883 SY
0.7449 SY
0.0160 SY
0.0440 SY
20.0000 Each
40,268.98
84, 325.50
17,736.07
4,518.40
12,425.60
1,240.00
(526.30
(500.00
TOTAL THIS ESTIMATE $159,488.25
,oTECH
ESTIMATE NO. 1 (FINAL)
SUMMARY:
Original Contract Amount
Contract additions C.O.# 1
Contract deductions —
Revised contract amount
Value Completed To Date
Amount Retained (0%)
Less Amount Paid Previousiy
AMOUNT DUE THIS ESTIMATE
CERTIFICATE OF THE CONTRACTOR
$191,358.04
191,358.04
159,488.25
0.00
$159,488.25
PAGE 2
I hereby certify that the wark performed and the materials supplied to date unde� the terms of the contract
for this project, and all authorized changes thereto� have an actual value under the contract of the amounts
shown on this estimate (and the final quantities on the final estimate are correct), and that this estimate is
just and`�ect and no part of the "Amount Due This Estimate" has been received.
By �> C� i!�� lil-Li/I-t� • ,
Contractor's Authorized Representative (Title)
CERTIFICATE OF THE ENGINEER
I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to
payment of this estimate under the contract for reference project.
CITY OF FRIDLEY, INSPEC�,T.'OR Date: [) 3v 7T�
By
� v
Chec ed By
22G
Respectfully submitted,
% /
� L� �--2�
��ohn G. Flora, PE �
Director of Pubiic Works
CITY OF FRIDLEY
PUBUC WORKS DEPARTMENT
ENGINEERING DIVISION
6431 University Avenue N.E.
Fridley, Minnesota 55432
September 6, 1994
Honorable Mayor and City Council
City of Fridley
% �I(iam W. Burns, City Manager
6431 University Avenue N.E.
Fridiey, MN 55432
Council Members:
CERTIFICATE OF THE ENGINEER
We hereby submit the Final Estimate for Concrete Street Repair - Kerry Lane project
No. ST. 1994 - 12, for Bituminous Consulting and Contracting, Inc., 2456 Main St
NE, Blaine, MN 55449.
We have viewed the work under contract for the construction of Concrete 5treet Repair
Project No.ST. 1994 - 12 and find that the same is substantially complete in accordance
with the contract documents. I recommend that final payment be made upon
acceptance of the work by your Honorabfe Body and that the one year contractual
maintenance bond commence on August 3�, 1994.
Respectfully submitted,
. .�� z�___-�
ohn G. Flora
Director of Public Works
JT:cz
Prepared b •
Checked by:�:��-��
22H
September 6, 1994
City of Fridley
CONCRETE STREET REPAIR - KERRY LANE PROJECT NO. ST. 1994 - 12
CERTIFICATE OF CONTRACTOR
This is to certify that items of the work shown in the statement of work certified herein
have been actually fumished and done for the above-mentioned projects in
accordance with the pians and specifications heretofore approved. The final contract
cost is $46,360 and the final payment of $12,009 for the improvement project wouid
cover in full, the contractor's ciaims against the City for all labor, materials and other
work down by the contractor under this project.
i declare under the penalties of peryury that this statement is just and correct.
BITUMINOUS CONSUI.TING & CONTRACTfNC CO., ;1NC.
Hi ary Mayers, Superintendent
22�
September 6, 1994
To: Public Works Director
City of Fridley
REPORT ON FINAL INSPECTION FOR
CITY OF FRIDLEY
CONCRETE STREET REPAIR - KERRY LANE PROJECT NO. ST. 1994 - 12
We, the undersigned, have inspected the above-mentioned project and find that the work
required by the contract is substantia!!y complete in conformity with the plans and
specifications of the project.
All deficiencies have been corrected by the contractor. Aiso, the work for which the City
feels the contractor should receive a reduced price has been agreed upon by the
contractor.
So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE
for the contractor and the one-year maintenance bond, starting from the day of the final
inspection that being AucLUSt 31. 1994. � �;
�
Jon Tho�t�,�onstruction In�pector
Contractor Representative, (Title)
22J
September 6, 1994
City of Fridley
CONCRETE STREET REPAIR - KERRY LANE PROJECT NO. ST. 1994 - 12
PREVAILlNG WAGE VERIFICATiON
This is to certify that Bituminous Consulting & Contracting Company, Inc. has abided by
the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and
Industry for Anoka County.
I declare under the penalties of perjury that this statement is just and correct.
BITUMINOUS CONSULTING & CONTRACTING COMPANY, INC.
�� �����
Hifiary Mayer , Superintendent
22K
CITY OF FRIDLEY
PUBLIC WORKS DEPARTMENT
6431 UNIVERSITY AVENUE N,E.
FRIDLEY� MINNESOTA 55432
I FROM: City of Fridley
Engineering Division
TO: Honorabie Mayor and City Counci!
City of Fridiey
6431 University Ave� NE
Fridley, MN 55432
Dated: September 6. 1994
RE: Estimate No. 2 (FINAL)
Period Ending: August S1. 1994
FOR: Bituminous Consufting d� Contracting Co !nc
2456 Main Street NE
Blaine MN 55449
JOB CODE NO. 408-00-00-415-4530-9413
CONCRETE STREET REPAIR - KERRY LANE
PROJECT NO. ST. 1994 - 12
STATEMENT �F W�RK
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:<:>:<::<>:::::«::� ...............:.:.:.....GT:..TEM:..:::::,.::::::::::::::::.::Quant. ;::...::;::.:.:Pnc�::::::::...::.iJnit...::Est�mate-.::.:Esticnate:.:...Qvaa :.::.�..1.�mou��.:::::
.. ...................................._.. ... ......_ ....._ _... ._. ..........__..._ ........ ..... .............. .. ......... ..... ...............
Remove Conc�ete Pavemerrt 1,350.00 5.00 SY 0.00 0.00 1.350.00 6,750.00
Common Excavation 200.00 11.00 CY 0.00 0.00 250.00 2,750.00
Mill Bituminous Surface 40.00 3.00 SY 0.00 0.00 40.00 120.00
Type 41A Wearing Course Mixture 150.00 36.50 Ton 100.00 3,650.00 100.00 3,650.00
Bituminous Material for Tack Coat 100.00 t.00 Gal 90.00 90.00 90.00 90.00
Type 31 Binder (includes oi� 210.00 34.50 Ton 0.00 0.00 210.00 7,245.00
', Ctass 5 Aggregate Base 500.00 10.50 Ton 31.00 325.50 523.00 5,491.50
� Topsoi! Borraw 80.00 7.50 CY 0.00 0.00 40.00 300.00
Geobextile Fabric 1,100.00 1.10 SY 0.00 0.00
'' Construct 8ituminous Driveway 200.00 9.00 SY 100.00 900.00 100.00 900.00
i Construct Bituminous D/W (Private) 600.00 9.00 SY 483.00 4,347.00 483.00 4,347.00
Coristruct Concrete Driveway 50.00 24.00 SY 26.00 624.00 26.00 624.00
Construct Concrete D/VN (P�ivate) 200.00 24.00 SY 0.00 0.00 0.00 0.00
Remove Bituminous Driveway 100.00 2.50 SY 255.00 637.50 255.00 637.50
I Remove Concrete Driveway 50.00 5.00 SY 0.00 0.00 100.00 500.00
Adjust Manhole Casting 1.00 100.00 Each 1.00 100.00 1.00 100.00
I'�, �d 1.200.00 2.50 SY 350.00 875.00 450.00 1.125.00
Class 5 Gradation Test 1.00 70.00 Each 0.00 0.00 1.00 70.00
Class 5 in Place Density Test 2.00 40.00 Each 0.00 0.00 1.00 40.00
Concrete Test Cylinde� (set of 3) 2.00 40.00 Each 0.00 0.00 1.00 40.00
8it. Extraction & Gradation Test 1.00 50.00 Each 0.00 0.00 0.00 0.00
Hydrant Relocation 1.00 2,000.00 Each 0.00 0.00 1.00 2,000.00
' tnsta(t 1 ftwide Stop Bar (Po(-Prefrmj 30.00 10.00 LF 16.00 t60.00 16.00 160.00
Install New Catch Basin w/Casting t.00 t,200.00 Each 0.00 0.00 1.00 1,200.00
I Class 5 ProcLOr Test 1.00 100.00 Each 0.00 0.00 1.00 100.00
I Bituminous Air Voids Test 1.00 100.00 Each 0.00 0.00 1.00 t 00.00
Concrete Cu�b & Gutte� DE B-6-18 760.00 7.00 LF 0.00 0.00 760.00 5,320.00
12 i�. RCP Storm Sewer (Class 111) 50.00 40.00 LF 0.00 0.00 40.00 1.600.00
Adjust Catch Basin Castings 4.00 100.00 Each 0.00 0.00 4.00 , 400.00
Furnish/Install New MH Casting 1.00 300.00 Each 1.00 300.00 1.00 300.00
Fumish/Install New Catch Basin Cast'g 1.00 400.00 Each 0.00 0.00 1.00 400.00
TOTAL THIS ESTIMATE
22L
a�2,00s.00
TOTAL AMOUNT Z46,360.00
Bituminous Consuiting � Co�tracti�g Co. Inc.
tstimate No. 2 (FINAL)
SUMMARY:
Original Contract Amount
Contract additions C.O.# 1
Contract deductions —
Revised contract amount
Value Completed To Date
Amount Retained (0%)
Less Amount Paid Previously
AMOUNT DUE THIS ESTIMATE
CERTIFICATE OF THE CONTRACTOR
$58,150.00
58,150.00
46,360.00
0.00
34,351.00
$12,009.00
PAGE 2
I hereby certify that the work performed and the materials supplied to date under the terms of the contract
for this project, and all authorized changes thereto, have an actuai value under the contract of the amounts
shown on this estimate (and the final quantities on the final estimate are correct), and that this estimate is just
and correc n art o e'Amount Due This Estimate' has been received.
By -
Contractor's Authorized Rep�esentative (Title)
CERTIFICATE OF THE ENGINEER
f hereby certify that I have prepa�ed or examined this estimate, and that the contractor is entitled to payment
of this estimate under the contract for reference project.
CITY OF FRIDLEY, INSPECTOR
By
Checked By
22M
Date: � � �
-��
Respectfully Submitted
:�
i�
G. Flora. PE
��� irector of Public Works