The URL can be used to link to this page

10/03/1994 - 4930OFFICIAL CITY COIINCIL AGENDA COIINCIL MEETING OCT088R 3, 1994 .. � ,::� , � ' s c�nor FRIDLEY � FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Monday, October 3, 1994 7:30 P.M. - - ,,, C:v,.::_ . PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS � L L. .v7�� , l9� . o�� Il! � ITEM NUMBER FRiDLEY C1TY COUNCfL MEETING OF OCTOBER 3, 1994 PUBLIC HEARING: Issuance of an Intoxicating Liquor License to The Sharx Club/Sharx Sports Bar Generally Located at 3710 East River Road N.E. (Ward 3) OLD BUSINESS: Page 2 ..................... 1-1A Approve Joint Powers Agreement for the Reconstruction of County Road No. 102 (Main Street) from 44th Avenue and lnterstate 694 Between the City of Fridley and the County of Anoka (Tabied September 19, 1994) (1l1/ard 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 - 2J NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of September 21, 1994 : . . . . . . . . . . . . . . . 3 - 3.68 A. Special Use Permit Request, SP #94-12, by Monte and Michelle Maher, to Allow Construction in the Flood Fringe District, Generally Located at 7965 Riverview Terrace N.E. (Ward 3) . . . . . . . . . 3 - 3.3 ......... 3.30-3.37 FRIDLEY ClTY COUNClL MEETING OF OCTOBER 3, 1994 NEW BUSINESS (CONTINUED� Receive the Minutes of the Planning Commission Meeting of September 21, 1994 (Continued): B. Special Use Permit Request, SP #94-13, by John Rice, Jr., to Allow Construction of a Second Accessory Structure in the Flood Fringe District, Generally Located at 8041 Riverview Terrace N.E. (Ward 3) � � C. Resolution Approving a Subdivision, Lot Split, L.S. #94-05, to Split One Property into Two Separate Parcels, Generally Located at 1535 Gardena Avenue N.E. (by Bailey Tiller) (Ward 2) .......................... ...............•--........ 3.3 - 3.8 3.38 - 3.45 3.13 - 3.2i 3.46 - 3.68 Page 3 Receive an Item from the Appeals Commission Meeting of September 13, 1994: . . . . . . . . . . . . . . . . . . . . . . . 4 - 4Q A. Variance Request, VAR #94-24, by William C. Forster Corporation, to Increase the Maximum Square Footage of a Sign from 80 Square Feet to 96 Square Feet, Generally Located at 5277 Central Avenue N.E. (Ground Round Restaurant) (VI/ard 1) . FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1994 Page 4 NEW BUSINESS (CONTINUED� Consider Request to Amend Chapter 213 of the Fridley City Code {Fences) . . . . . . . . . . . . . . . . . . . . . . . 5 - 5E Establish a Public Hearing for October 17, 1994, for an Ordinance Modifying Chapter 506 to Regulate the Placement of Large Commercial Vehicles on Residentially Zoned Property......................................... 6-6E Authorize Purchase Agreement Between the Ci�y of Fridley and Donald and Carol Dickison for the Purchase of the Property Generally Located at 5973 Third Street N.E. {V1/ard 3} . . . . . . . . . . . . . . . . . . . . . . . 7 - 7B Resolution Designating Polling Places , and Appointing Election Judges for the November 8, 1994, City and Statewide General Election . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • - • - . . 8 - 8D Approve 1995 School Referendum Levy Return Agreements (School District Nos. 11, 13, 14 and 16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 9FF FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1994 NEW BUSINESS: Page 5 Receive Bids for Osborne Road Sanitary Sewer Repair, Project No. 249 (Ward 3) . . . . . . . . . . . . . . . . . 10 - 10B Receive Bids for the Washington Street Watermain Repair, Project No. 272 (Ward 1) . . . . . . . . . . . . . 11 - 11 C Appointment to the Parks and Recreation Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Claims Licenses ......................................... 14 ........................................ 15-15B Estimates . . . . . . . . . . . . . . . . . . ... . . . . . - - - . . . . . . . : . . . . 16 ADJOURN: William J. Nee Mayor Fridley, MN ♦ �aste �.eduction �ee� Oetobex 3 - 9, 1994 �Wd�1�12�4S, tRe C�ty o{� �idQey desiAes to ptiote.et pub2ic 9�eaQtR, sa�ety, akd t�e ekui�okw�ekt; a�d �1�id�I��S, t�e C�'ity o{� �xideey is cokcexked about wise Waste w�aaa�ew�.e,�t akd poe�utiok p�eUeKtiok; akd �W�l�12�.�4S, tRe Jv(iKkesota �1Jaste �/(a�ac�e.�e.�t .�lct caQPs {joK xeduciKc� uraste aKd poeeutioa at tReix souh.Ces o� c�eKexatioK; aKd �Wd�(��S, state.�vide aKd C,'ity aetiu�ities wiQQ xeu�o2ve axouKd tRe State o{� Jv(iKkesota's ekUixoKwteataQ 6ueh.a►�cRy o� xeduce, ke.use, aKd tieeyeee; .�IIO�W, Td�l��fl�, B� IT�t2�sOl�il�'D, tB�at I, �1JiQQiaw�J. .�(ee, Mayo� o� t�� ty o� �xideey, Rexeby pKOeeaiw� Oetobex 3- 9, 1994, to be �aste �eduetion �ee� CtKd uhG�e Citize.�S to tCi{2e Cld(�CiatCt�e o� t�iis weei2 to QeL1AK wto�e Ctbout w0.Ste Ke.(�uCtioa Akd ot�eh ways t�ie.� caa photect outi e.�liiko�wtext. T.�iI��J�(�SS �kid�l�t��, I RQUe Set wty �a�d a�d eause.d tB�e sea� o� tRe L'ity o{� �aidQay to be a{�{�ixe.d tB�is 3xd day o{� OctoE�ex 1994. �1n�iQQiaw� J. ,�ee, Mayo� • " ire" reuention �ee� Oetobex 9 - 15, 1994 Wiliiam J. Nee Mayor fridiey, MN. �ld�I��S, t�e P,oss o{� pxope�ty a�d Qives due to �ixes is beiK� Ke.duced tRxou�R pubEic educatiok akd ttia�kik�; akd �Wd�I��iS, tRe City o{� ��.�dee.y xe�atks co►�tte.d to pKOuid�k� � {��Ke sa�-ety i��-oxw�atiok to its eitiZe.t�s t�t.oug9� pkoc��aw�s w�ieR = �°' ikVoeue Keside,�ts, bustkesses aKd tReiK e,w�pP,oyees, akd stude�ts ik �� ou� e.ducatiokae {�aci�ities; aKd �Wd�1��S, tRe C�ty W�sR�s to �R.a�e� t�e co�u��ty's awCt�etless o{� aQe pub�iC SQ(�ety actiu�tt�es p�oUided. to t9�e cowuy�ukity, ikceudiKc� tRose o� tRe {�iKe sex�iice; .)+IO�W, Td�l��'F�flf�, � IT-t2�S0�� tRat I, �1JiQ��a�,I. Jl(ee, J+/(ayoa o{� tRe City o� �KidQey, �en.eb y pnoCeaiw� Oetobex 9 tRxouc�� 15, 1994, as �iKe Ph.eu�extio� �eel2 iK t�e. ��ty o�- �kid�e.� Ik KeCO�kitiok t�eAeo�-, t�e CowuKuaity iS i�l}ite.d to C1 SpeCiCiQ pKeSextCltiok oti Satu�day, Octoben 8, at t8�e City's {�ine statioks, at wRic� �itie, Qaw e,�{�o�ee,wie.�t, e.�e��e�ey w�e.dicaQ, a�d cow,�uKity suppo�t o��akiZatioks sRa�2 be xepKese�te.d. � �lJrT-,J�(�SS �(�I � f2�0�, I Rat�e set w�y Rakd akd eaused t6�e seae o{� t9�e L'ity o� ��id�ey to be a�-{�ixed tRis 3�d day o{� Octobe..�c, 1994. William J. Nee, Mayor THE MINOTBS OF THS FRIDLEY CITY COIINCIL MBETING OF � 88PTEMBER 19, 1994 _ �f � a` THE MINiTTEB OF THE REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF SEPTEMBER 19, 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 the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Council- woman Bolkcom None Mayor Nee stated that the City Manager, Mr. Burns, will not be present this evening, as he is attending a conference. He stated that Mr. Pribyl, Finance Director, will serve as the Acting City Manager this evening. CERTIFICATE OF APPRECIATION: ROGER BLOHM FOR SERVICE WITH THE NATIONAL ORGANIZATION ON DISABILITY• Mayor Nee stated that Mr. Blohm has been one of the stalwarts over the years in keeping the City in the €orefront of making government facilities and other facilities in the City more sensitive to the needs of the handicapped. He presented Mr. Blohm with a certifi- cate of appreciation for his service with the National.Organization on Disability from Januaxy, 1992 to September, 1994. Mr. Blohm thanked the Mayor, Councilmembers and City employees for their support. He also said that he looked forward to the City's continued support of the disabled in the future. APPROVAL OF MINUTES: COUNCIL MEETING, SEPTEMBER 6, 1994: MOTION by Councilwoman Jorgenson to approve the minutes as pre- sented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Councilwoman Jorgenson requested that an item be added: (24) Receive a Letter and Check from Robert Naegele, Chairman of the Board of Rollerblade, Inc. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19, 1994 PAGE 2 MOTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING• 1. PUBLIC HEARING ON PLAT REOUEST P S #94-05 BY KEITH EIBENSTEINER FOR BILTMORE CONSTRUCTION OF NEW BRIGHTON INC. ` TO SUBDIVIDE PROPERTY INTO NINE SINGLE FAMILY LOTS GENERALLY LOCATED IN THE SOUTHEAST CORNER OF THE TOTINO-GRACE HIGH SCHOOL PROPERTY AT 1350 GARDENA AVENUE N E {WARD 2)• MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:44 p.m. Ms. Dacy, Community Development Director, stated that this plat is for property on the Totino-Grace High School site between Matter- horn Drive and Arthur Street, south of Gardena Avenue. She stated that the property is zoned R-1, single family. She stated that the request is to plat nine lots in two areas of the Totino-Grace property. Ms. Dacy stated that two lots are proposed on Matterhorn Drive and seven lots on a cul-de-sac with access from Arthur Street. She stated that there are two wetlands that abut this plat to the north. Ms. Dacy stated that the Planning Commission reviewed the plat on June 29 and August 10. The Parks and Recreation Commission also considered the plat at their August 1 meeting. She stated that the Planning Commission recommended approval of the plat with 23 stipu- lations. Ms. Dacy reviewed some of the key stipulations, and one of the issues was defining a significant tree which is one with a six inch caliper or greater. She stated that the stipulations address the preservation of trees and a 15 foot no cut strip along the south lot line of five lots to preserve most of the vegetation. She stated that restrictive covenants are proposed to prevent filling or dumping on the wetland area. She stated that several stipula- tions are in regard to submission of individual erosion control grading. She stated that there is a stipulation establishing con- tour elevations that the builder cannot exceed. She stated that on Lots 5 and 6, there is a stipulation for the builder to con- struct the homes as far from the wetland as possible. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19. 1994 PAG$ 3 Councilman Schneider asked how the City intends to enforce the stipulation that significant trees of a six inch caliper or greater are not removed. Ms. Dacy stated that it is the builder's responsibility to submit accurate drawings for the drainage and trees. She stated that staff will conduct field inspections prior to any grading and before any trees are removed. Mr. Ron Peterson, Peterson Environmental Consulting, Inc., stated that his firm was retained to review the wetland delineation for the site. He stated that their firm's botanist, Mr. Vande Water, conducted the botanical surveys on the site. He stated that this proposed plat does not involve any impact to the wetlands on the site. He stated that this site is a remnant of what was once a 640 acre forest stand known as Peck's Woods. He reviewed the overstory and understory plants on the site and said that they are very common plants that invade this type of woodland. Mr. Peterson stated that his firm did not find�any endangered plant or animal species in this area. He stated that the Innsbruck Park site to the east is very similar except for more mature trees. He stated that the two sites combined represent about four percent of the original area of Peck's Woods, and this particular site is about one-half percent of the original Peck's Woods. He stated that there is not anything particularly unusual or rare about these sites. He stated that they did not conduct a detailed survey of wildlife species, but the ones they did observe were indicative of the area. � Councilman Schneider asked Mr. Peterson if it was his professional opinion that there is not anything particularly unique about the site from an environmental standpoint. Mr. Peterson stated that it was a typical wooded site, that the two sites are remnants of one ecological unit, and the integrity of Innsbruck Park would not be adversely affected by the loss of the site on which this development is proposed. Councilman Schneider asked if all the proposed lots meet the re- quirements of the City code. Ms. Dacy stated that the lots exceed the requirements of the code and meet all the setbacks. � Mr. Mike Black, Royal Oaks Realty, stated that he has been working with City staff on this plat, and he appreciated the time that has been spent on it. He stated that he had some minor comments regar- ding the 23 stipu].ations. Mr. Black stated that they intend to develop the property in accor- dance with all the zoning and platting regulations and have a qua- FRIDLEY CITY CO_IINCIL MEETING OF SEPTEMBER 19. 1994 PAGg 4 lity development. He stated that the homes are expected to be valued from $200,000 to $300,000. Mr. Black stated that the City does not have a tree preservation ordinance; however, they have agreed upon a six inch caliber as being a significant tree. He stated that in regard to Stipula- tion 18 pertaining to setbacks on Lots 5, 6 and 7, this is to make sure the homes do not infringe on the wetlands. He stated that he is in complete agreement and, in fact, the state wetland laws would not allow them to fill or encroach the wetlands delineated on the site. He stated they suggested that Stipulation 17 which recog- nizes the one hundred year flood pl'ain and addresses grading eleva- tions be added. He felt that Stipulation 17 addresses what the staff refers to in Stipulation 18. Mr. Black stated that each home in this subdivision is to be custom designed. He wants the oppor- tunity for an architect to look at each lot and not be saddled with the requirement that the home be a maximum of 10 feet from the lot line opposite the wetland. Mr. Black stated that in regard to Stipulation 22, they wish to protect as many trees as possible. He stated that the restriction of the 15 foot no cut easement along the back of the lots seems unfair. He stated that he did not anticipate that people would clear cut their lots, but he felt the owners should be able to use their property as any other property owner in the City. He stated that in regard to Stipulation 16 pertaining to restrictive cove- nants, this is not a zoning ordinance regulation. He stated that restrictive covenants are not enforced by the City, and once the homes are constructed, the developer would have no control what the property owners do on the back of their lots. Mr. Terry Reyes, 1479 North Danube Road, stated that he is repre- senting the Friends of Innsbruck Park. He stated that he lives next to this area, and the site is very unique and merits preserving. He stated that their group has submitted a number of petitions to Council supporting the continuation of the existing land in its present state. He stated that they have pursued other options to preserve this land, and he felt there could be funds available from the Legislative Commission on Minnesota Resources for the purchase of this land. He stated that they have not had the opportunity to explore this funding. Mr. Reyes stated that Mr. Haluska has had discussions with a number of legislators on this Commission, and the legislators encouraged him to apply for funding. He stated that they realize, as citi- zens, that they have rights under the Minnesota Environmental Rights Law. He stated that he disagrees with Mr. Peterson's assessment of the site and believes development of the property will have a detrimental impact on Innsbruck Park. He stated that it is their opinion that any development will significantly in- fringe on the habitat. He asked that this development not be approved so that other sources of funding could be explored to try to come up with financing to preserve this land. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19 1994 PAGE 5 Councilman Schneider stated that at a previous Council meeting, Mr. Haluska was asked if the people who represent the Friends of Innsbruck Park would be wiliing to contribute their own funds to. acquire this praperty. He stated that Mr. Haluska said he would, but he could not speak for others. Mr. Reyes stated that he would also be willing to contribute, but he cannot speak for others. He stated that their efforts were primarily to maintain this site as it is now, and he hoped that there were governmental monies available. He stated that when he moved to this area his taxes increased four times the amount he was paying in another area in Fridley. He felt that he probably has already made a down payment. Councilman Schneider stated that the City cannot delay the devel- op.er's plans indefinitely. He suggested that if the Friends of Innsbruck Park are serious about their proposal and are willing to be assessed for the cost to purchase thzs property, a petition should be submitted to the Council. Mr. Reyes stated that would be considerable expense for the pro- perty owners. He stated that a lot of the parks.the City has acquired has been from developers dedicating a certain percentage of the development as park land. He suggested that perhaps a certain portion of this Tand could be set aside as park property. He felt that by the time it is determined if funding could be received, the trees would be gone and the land would be signi- ficantly altered. Councilman Schneider asked if action on this plat could be tabled for six months. Mr. Herrick, City Attorney, stated that if the developer meets all the zoning and platting requirements and agrees to the stipula- tions, he felt they could go to court and obtain an order to compel the City to approve the plat. He stated that Council is required to take action on the plat in a reasonable fashion. Mayor Nee stated that in regard to the suggestion about the devel- aper contributing park land, the developer may satisfy this park dedication requirement by contributing land or by paying a park dedication fee. Ms. Dacy stated that the park dedication fee is $1,500 per lot and would be required at the time the building perm'it is issued in lieu of the land. Councilman Schneider stated that if the develaper dedicated land instead of paying the park dedication fee, the City would receive about three-tenths.of an acre or about one residential lot. Councilman Schneider asked the status of a previous proposal by the Friends of Innsbruck Park that involved the Trust for Public Land. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 19 1994 PAGE 6 Ms. Dacy stated she understands that Mr. Haluska is waiting for a letter from.the Trust for Public Land, stating that they will not pursue the site as the cost for acquisition is over $300,000. She stated that staff has not, however, seen any letter from the Trust for Public Land on their position. Mr. Reyes stated that he has spoken with the Trust for Public Land, and it is his understanding that whatever funds they contributed would have to be repaid. He stated that he believes they are reluctant to allocate the funds. Councilwoman Jorgenson asked if the Legislative Commission on Minnesota Resources provides funding through the grant process. Mr. Reyes stated that is his understanding. He said that the state has $34,000,000 available to fund a variety of projects and sites around the state. He stated that he believed this funding comes from the Minnesota State Lottery. Councilwoman Jorgenson stated that this site would be a very expen- sive acquisition, and this may rule out a grant. She asked staff to check the criteria for grants from the Legislative Commission on Minnesota Resources. MOTION by Councilman Schneider to receive a letter from Mr. John Haluska, 5660 Arthur Street, dated September 19, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that Council would normally take action on this item at their next regular meeting on October 3. Councilwoman Jorgenson stated that she would not be present at the October 3 meeting and felt it would beneficial to consider action at the October 17 meeting. Mayor Nee stated that if there were no objections, this item would be on the Council's agenda on October 17. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:45 p.m. OLD BUSINESS• 2. RECONSIDERATION OF ACTION ON VARIANCE RE UEST VAR 94-08 BY WAYNE DAHL TO REDUCE THE SETBACK FROM THE TOP OF THE BLUFF- LINE OVERLOOKING THE MISSISSIPPI RIVER FROM 40 FEET TO 1.5 FEET AND TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD ALL TO ALLOW THE CONSTRUCTION OF AN 8 FOOT BY 15 FOOT STORAGE SHED GENERALLY LOCATED AT 177 HARTMAN CIRCLE N.E. �TABLED 8/1/94) (WARD 3� • MOTION by Councilman Schneider to remove from the tabie the motion to deny Variance Request, VAR #94-08. Seconded by Councilwoman ..., , , . ;� FRIDLEY CITY COUNCIL MEETINC� OF SEPTEMBER 19 1994 PAGE 7 " Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community Development Director, stated that this is a two part variance; the first variance is to reduce the setback from the bluffline from 40 feet to 1.5 feet, and the other variance is to allow an accessory structure in the front yard in order to construct an 8 foot by 15 foot storage shed. Ms. Dacy stated that the Appeals Commission unanimously recommended denial of this variance request because they felt that there were other options to place the structure to conform with the setbacic requirements. Ms. Dacy stated that at the August 1 Council meeting, questions were raised regarding the Environmental Quality Board's role. They have responded in a letter from Larry Hartman dated September 8, 1994, which is included in the Council�s agenda material. She stated that the Attorney General's Office was contacted regarding the Environmental Quality Board's authority. The EQB needs to be notified of impending action, but final action rests with the City Council. She stated that all correspondence, pro or con, regarding this variance has been forwarded to the Council. Mr. Herrick, City Attorney, stated that he has discussed this issue with Allen Mitcheil, Assistant Attorney General, and advisory to the Environmental Quality Board. Mr. Mitchel7 agrees with the interpretation that the requirement of the City was to notify the Environmental Quality Board. Mr. Herrick stated that neither he nor Mr. Mitchell found any authority "for the EQB to override the Council's decision on the variance. Mayor Nee stated that ordinarily this issue would not be subject to public participation in the discussion. He stated that Council has a long agenda and asked the Council's pleasure whether they wished to allow any further discussion from the audience. MOTION by Councilwoman Bolkcom to receive any new information but not to discuss further the information and correspondence Council � has before them or has heard at other previous Council meetings. Further, to limit any individual to two minutes and not to spend over forty minutes on this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Bolkcom asked Ms. Dacy to define an undue hardship. Ms. Dacy stated that the letter from the Department of Natural Resources dated August 9, 1994 quotes the definition of undue hardship from the Minnesota Statutes, Section 462.357, Subdivi- sion 6, as follows: "The applicant must prove 1) that they cannot put the property to reasonable use under the terms of the ordi- FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19. 1994 PAGE 8 nance, 2) that the plight of the owner is due to circumstances unique to their property and not created by the owner, and 3) that the variance if granted will not alter the essential character of the area. Ms. Dacy stated that there is room to the south and east sides of the home to construct the storage structure even though there are a number of trees in the area. She stated that the petitioner's hardship was because of the steep slope, access would become difficult during the winter months to get the equipment in the shed. Councilman Schneider stated that because of the configuration of° this particular lot, the shed is located in the front yard. If it was moved five feet to the north it would be in the rear yard. Councilwoman Jorgenson stated that Council has many times over- turned staff's recommendation for denial of variances. She stated that generally speaking, variances have been granted where there has not been neighborhood opposition. She stated that the first time this item was before Council, there were several other vari-� ances on the agenda where staff recommended denial based on other alternatives, and these variances were granted. Councilwoman Bolkcom pointed out that there was no neighborhood opposition to those variances. Councilwoman Jorgenson stated that the problem is that the only time Council generally denies a variance is when there is neighbor- hood opposition, and that can be discriminatory. Councilwoman Bolkcom felt that it was beyond the issue of neighbor- hood opposition. She thought that there are other areas that the shed could be located. Mr. Herrick stated that the legal criteria for granting or denying the variance was not whether it was opposed or unopposed by the neighborhood. He stated that the variance should be judged on its merits and not whether there is or is not opposition. Councilman Schneider stated that in addressing the variance for the front yard, he believes the unique character of the land applies in this case. He stated that the definition of the front yard is very arbitrary. He stated that he does not have a problem with the front yard variance, as he does not believe this is really a front yard. He stated that in regard to the variance from the bluffline, the Mississippi River is very diverse, and there are factories, waste treatment facilities, gazebos, restaurants, etc. up and down the river. He stated that he has a problem with the idea that a storage shed would destroy the environment. He felt that every homeowner has some reasonable rights to use his property, and he is concerned when bureaucrats are making judgments on what they FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19, 1994 PAGB 9 feel is best for the river rather than allowing local government to make these decisions. Councilman Schneider stated that what made him reconsider his vote to deny the variance is that denying the variance is being arbi- trary and capricious. He stated that it comes down to balancing property rights with the issue of the environment. He stated that the petitioner's proposal minimizes the impact from the true front yard, it is virtually invisible from the public right-of-way, and only potentially visible to one neighbor. Councilman Billings stated that he believed the motion before Council is to deny Variance Request, VAR #94-08, and with that in mind, he moved the following: MOTION by Councilman Billings to call the question, Seconded by Councilwoman Bolkcom. Upon a roll call vote, Councilman Billings and Councilwoman Bolkcom voted in favor of the motion. Councilman Schneider, Mayor Nee, and Councilwoman Jorgenson voted against the motion. Mayor Nee declared the motion failed. Mr. Dean Yorston, 161 Hartman Circle, stated that to request a var- iance when there are alternatives that would not create a hardship is unreasonable. He stated that he lives on the river. When he ;aanted to construct a shed, he was told he had to be three feet from the lot line and could not be placed where it would obstruct his neighbor's view of the river. He felt that a variance was not needed, as there are alternatives. Mr. Larry Rom, 169 Hartman Circle, feZt the shed was inconsequen- tial, as it•is out of the way. Ms. Connie Lane, 173 Hartman Circle, she stated that she wished to remind Council that they have a responsibility to protect them. She stated that other agencies have been contacted, and Council should listen to those persons and abide by the regulations that are in place. . Mr. John Grundmanis, 185 Hartman Circle, stated that he is appalled to hear there are some true front yards, and some are not clear what is the front yard. He stated that in this case, it is crystal clear where the front yard is located. He stated that the concern should not be what is along the river in other places, but to focus on Mr. Dahl's request. He felt it would be against the code to, allow him to construct the shed in the front yard. Mr. David Ulrich, 157 Hartman Circle, stated that he has lived at this address for twenty years and felt that the whole issue has been blown out of proportion. He stated that Mr. Dahl's shed is well-planned, concealed, and there will be some plantings around it. He stated that Mr. Yorston has a shed that is three feet from the property line, and there are no objections. He also felt that this whole thing has gotten out of hand. FRIDLEY CITY COLJNCIL MEETING OF SEPTEMBER 19, 1994 PAGE_10 Mr. Mark Knutson, 140 Hartman Circle, stated that the passion this variance request has incited puzzles him. He stated that the ma- jority of the neighbors simply, do not care about it, and they wonder what all this is about. He felt that this was a minor issue, and it is inconceivable it has gotten to this point. Mr. Dahl, the petitioner, submitted a petition from property owners in the Hartman Circle neighborhood and 21 out of 32 property owners have indicated that they have no objection to this variance. He stated that some people do not want to be involved at all. He stated that only about five or six property owners in the neighbor- hood oppose the variance. He stated that the area of the shed that can be viewed from the north now has three arborvitae in front of it, and in several years it would not be visible. He stated that the shed is screened in all directions. Mr. Neal Hayford, 173 Hartman Circle, stated that he has new infor- mation, and he submitted a petition from people all over the metro- politan area regarding this variance. He stated that he has peti- tioned property owners who live on the river; 74 percent do not want the setback interfered with, and 22 percent of the people were not home. Councilwoman Jorgenson stated that Mr. Dahl has submitted a peti- tion indicating that 21 property owners do not object to this variance. She felt that there are three issues; property rights, authority to grant or deny the variance; and fair treatment of all citizens. She stated that Council cannot treat one person dif- ferently in regard to a variance without being arbitrary and capricious. MOTION by Councilwoman Jorgenson to receive Petition No. 7-1994 from Mr. Dahl and Petition No. 8-1994 from Mr. Hayford. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MAYOR NEE STATED THE MOTION FOR DENIAL OF THIS VARIANCE HAS BEEN REMOVED FROM THE TABLE AND IS ON THE FLOOR AND CALLED FOR A VOTE ON THI� MOTION. UPON A ROLL CALL VOTE FOR DENIAL OF VARIANCE REQUEST, VAR #94-08, Councilman Billings and Councilwoman Bolkcom voted in favor of the motion. Mayor Nee, Councilman Schneider,and Councilwoman Jorgenson voted against the motioti. Mayor Nee declared the motion failed.. MOTION by Councilwoman Jorgenson to grant Variance Request, VAR #94-08, 177 Hartman Circle, to reduce the setback from the bluff- line from 40 feet to 1.5 feet to allow construction of an accessory structure in the front yard, with the following stipulations: (1) the petitioner shall apply for and receive a building permit; and (2) the storage structure shall not be located in the drainage easement located along the north lot line. Seconded by Councilman Schneider. FRIDLEY CITY COIINCIL ME$TING OF SEPT�MBER 19, 1994 PAGE 11 MOTION by Councilman Schneider to amend the above motion by adding another stipulation, as follows: (3) appropriate erosion control as approved by City staff. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to amend the motion and divide the question of the variance requests and vote on them separately. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to amend the motion granting that portion of Variance Request, VAR #94-08, to reduce the bluffline setback from 40 feet to 1.5 feet by adding the following additional stipulations: (1) that the shed be no closer than five feet of the property line of any adjacent property owner; (2) that the shed be screened with arborvitae on the street side and the side closest to the most adjacent property, as per the site plan by Kurth Surveying, Inc.; (3) that the shed be no taller than eight feet in height; (4) that the shed's smaller dimension be no smaller than 8 feet and the larger dimension be no larger than 15 feet; and (5) that the property owner be made aware of the City ordinance regar- ding the storage of trailers and snowmobiles in the front yard of their property. Seconded by Councilwoman Jorgenson. Upon a roll call vote, Councilman Billings, Councilwoman Jorgenson, Mayor Nee, and Councilman Schneider voted in favor of the motion. Council- woman Bolkcom voted against the motion. Mayor Nee declared the. motion carried by a 4 to 1 vote. Councilman Billings stated that in viewing this particuiar request for the variance from the bluffline, Mr. Dahl does have a very steep hill on his property. He stated that his back yard is such that he believes it makes this particular piece of property unique. He stated that even though it is one of the largest lots on Hartman Circle, some portions cannot be built on due to the steepness of the grade. He stated that the location of the house, not with- standing the lot itself, provides significant hardship that the bluffline variance is appropriate. Councilwoman Jorgenson stated that the pie shape of the lot and steep grade makes it difficult to relocate the shed in the area where a snowplow or garden tractor with a snowplow could make it up the grade and access the driveway. She felt that this was a hardship. Councilwoman Bolkcom stated that she would disagree because she felt that there is another area where the shed could be located. She stated that it may not be as convenient, but she did not believe it is that much of an uphill incline. She stated in that sense, she did not believe there is a hardship. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19. 1994 PAGE 12 Councilwoman Bolkcom stated that there are a lot of agencies that have been involved in this variance. Although they have some ex- pertise she did agree that the City should have the final decision. MOTION by Councilman Billings to amend the second part of Variance Request, VAR #94-08, to allow an accessory structure in the front yard to include the five stipulations added to the bluffline variance. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Billings, Councilwoman Jorgenson, Councilman Schneider, and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. Councilman Schneider stated that the question is if a separate motion is needed for that portion of Variance Request, VAR #94-08, to allow an accessory structure in the front yard. He stated that as he understands Robert's Rules of Order, this is not necessary. Councilman Billings stated that he supported the motion on the var- iance to the.setback from the bluffline because he felt the pro- perty was unique. He stated that on the variance to allow an accessory structure in the front yard, one of the requirements of undue hardship from the state statute is that the plight of the owner is due to circumstances unique to their property and not created by the owner. He stated that current or prior owners placed the home near the rear of the lot and made the decision that this was more important to them than being allowed to have an accessory building. He felt that the varianee in this case was a hardship because of the tremendously large setback from the road. The hardship was not created by the lot itself, but by the use of the lot between previous andJor current owners and could not support this variance. Mayor Nee stated that, as he understands, the main motion as it now stands is to grant the variance to allow an accessory structure in the front yard with the original two stipulations; the one stipula- tion included in the amendment; and the five added stipulations included in the variance to the bluffline. UPON A ROLL CALL VOTE ON THE MAIN MOTION, Mayor Nee, Councilwoman Jorgenson, and Councilman Schneider voted in favor of the motion. Councilman Billings and Councilwoman Bolkcom voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote. 3. ORDINANCE NO. 1035 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE FRIDLEY CITY CODE (VACATION REQUEST SAV #94-02 BY FORREST HARSTAD) LWARD 2 ) : MOTION by Gouncilman Schneider to waive the second reading of Ordinance No. 1035 and adopt it on second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice FRIDLEY CITY COIINCIL MEBTTNG OF SEPTEMBER 19. 2994 PAGB 13 vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. ORDINANCE NO. 1036 UNDER SECTION 1206 OF THE CITY CHARTER DEGLARI�NG CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (TWIN CITY TOWNIiOMES) (WARD 2): MOTION by Councilman Schneider to waive the second reading of Ordinance No. 1036 and adopt it on second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTYON NO. 76-1994 APPROVING PLAT, P.S. #94-04, HILLWIND TOWNHOMES (WARD 2)• Ms. Dacy, Community Development Director, stated that the mylars have been approved by Anoka County, and the stipulations have been amended as discussed.at the August 15, 1994 Council meeting. Councilman Schneider stated that this resolution refers to Hillwind Townhomes, and the preliminary plat referred to Twin City Town- homes. Mr. Harstad stated that the actual name of the plat will be Hi11- wind Townhomes, but his business is Twin City Townhomes. Ms. Dacy stated that the plat is Hillwind Townhomes, but the devel- opment agreement is with Twin City Townhomes because that is Mr. Harstad's business. Mr. Herrick, City Attorney, stated_that he did not see any problem. MOTION by Councilman Schneider to adopt Resolution No. 76-1994, with the following stipulations attached as E}rhibit A: 1. The petitioner shall enter into and record against the pro- perty a development agreement with the City. The development agreement shall include and the petitioner shall comply with the following stipulations: A. A stop sign shall be placed 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 develop- ment to the south. Revised drainage calculations addres- sing the entire drainage area, including the units adja- cent to Polk Street and Hillwind Road shall be submitted. The calculations shall be signed and stamped by a Regis- tered Engineer. C. The petitioner shall obtain a permit from the Rice Creek Watershed District prior to the issuance of a building FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19 1994 PAGE 14 pernait. The petitioner shall comply with the require- ments of the district permit. D. The grading plan shall be amended to indicate the trees to be preserved in consultation with the City's planning staff. E. The petitioner shall pay a park dedication fee of $750.00 per unit (48 units at $750.00 equals $36,000) prior to the issuance of a building permit. F. 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 6 foot Black Hills Spruce trees shall be planted along the north 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 shall 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 submitted 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 during construction. Pro��ide a detail of such on the plan. (2) Clearly show the water and sewer services for the buildings adjacent to Hillwind Road and Polk 5treet. 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) (6) Install concrete cross gutters and aprons at all driveway and street entrances. Clearly note the location of all public easements on all drawings. 2. The petitioner shall record a condomix�ium declaration in compliance with State Statue 515A. The declaration shall FRIDLEY CITY COONCIL MEETING OF SEPTEMBER 19 1994 PAGB 1S 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 drive- ways. The declaration shall permit emergency vehicle access. B. The driveway 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 the Public Works Depart- ment to flush the hydrants in accordance with City policies. E. The association shall be responsible for the maintenance and/or repair of landscaping. F. The condominium declaration 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. G. 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 benefiting properties. 3. The condominium 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 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 provide an easement for the right-of-way for the cul-de-sac'at the end of Polk Street. Prior to requesting a buiiding permit for the duplex at the end of Polk Street, the petitioner shall petition the City for construc- tion of said cul-de-sac and assess costs to benefitting properties. FRIDLEY CITY COQNC�L MEETING OF SEPTEMBER 19. 1�g4 PAGE 16 7. The condominium declaration 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. 8. 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. NEW BUSINESS• 6. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIpLEy ANp TWIN CITY TOWNHOMES INC (WARD 2)_ Ms. Dacy, Community Development Director, stated that the City Attorney has prepared this development agreement. She stated that the stipulations identified in the resolution on the plat are in- corporated into the development agreement. She stated that she understands the developer, Mr. Harstad, is in agreement with the proposed language in this agreement. Councilwoman Jorgenson stated that in regard to Item 8 concerning the debris during construction, she would like the dirt cleaned up on an on-going basis and not just after construction is completed. Mr. Harstad stated he agrees that the dirt should be cleaned from the streets, and he has no problem with clarif�ing this item. MoTION by Councilman Schneider to authorize entering into this development agreement with Twin City Townhomes, Inc. and for the appropriate officials to execute same. Seconded by Councilman Billings. MOTION by Councilman Schneider to amend Item 8 of the development agreement, Street Clean Up, as follows: "At the request of City staff and/or after construction is complete, the Developer shall clear all soil, earth, or debris from the streets and storm sewers and from the lots within the development resulting from any construction on the land within the development by the Developer, its successors or assigns." Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Harstad questioned Item 9 which states that the developer shall provide the City with the right-of-way and roadway easement for the future cul-de-sac to service the developer's property off of Polk Street. He stated that he would agree to the easement, as long as it is understood he is not going to construct the cul-de-sac at this time. He felt that there needed to be meetings regarding this cul-de-sac, as this may reduce his lot size. FRIDLEY CITY COIINCIL_MEETING OF SEPTLMBBR 19, 1994 PAGS 17 Councilman Billings stated that the dedication of an easement for roadway purposes does not necessarily change the setbacks. Ms. Dacy stated that because it was undecided if a cul-de-sac would be constructed at some future date, it was preferable to obtain an easement at this time so the City could access this area. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 24, 1994• A. SPECIAL USE PERMIT REOUEST, SP #94-09 BY GARY MACIEJ PURSUANT TO STIPULATION NO. 1 OF A PREVIOUS SPECIAL USE PERMIT REQUEST, SP #88-12. THE RE4UEST WOULD ALLOW THE BUILDING TO BE OCCUPIED BY A CLEANING SERVICE AT 5973 THIRD STREET N.E. ,�WARD 3): Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit for property at 5973 3rd Street. He stated that in 1988, the Council granted a special use permit for Custom Mechanical at this location. He stated at that time, the peti- tioner was made aware of the fact that the intent of the code was to reestablish the residential character of the neighborhood and at the time of resale or reuse of the property, the questions of a special use permit might come up again. Mr. Hickok stated that this item was presented to the Planning Commission and the Commission recommended approval of a modifica- tion of one of three staff options. He stated that these options were to table action on this item pending amendment of the S-1 district to include special use permit provisions for the re-use of the commercial entities; deny the request based on the intent of the ordinance to re-establish the residential character of the neighborhood; or approve the special use permit based on the 1988 Custom Mechanical stipulation requiring a special use permit for any re-use of the building to assure compatibility with the sur- rounding neighborhood. He stated that the Planning Commission recommended approval of this special use permit with the stipula- tion that future re-use of the building is subject to the spee3al use process. The Commission also requested that Council direct staff to develop standards for use in granting special use permits in the future. Mr. Hickok stated that staff concurs with the Commission recommendation, but point out that if the City Council wished to bring this property back to a residential area, now would be the time to do so prior to a new owner having approval for a new business. Councilwoman Bolkcom asked how many businesses are in the Hyde Park area. FRIDLEY_CITY COIINCIL MBETIN(i OF SEPTEMBER 19. 1994 PAGE 18 Mr. Hickok stated that there are four businesses, including Custom Mechanical. Councilman Schneider stated that the intent of the S-1 zoning district was to try to clean up an area where there is a mix of residential areas next to commercial use. He felt that now may be the time to work towards this goal to have this become a residen- tial neighborhood. He felt that the special use permit should be denied and acquisition of commercial properties in this area considered. Mayor Nee stated that Council made a decision to try to restore this area to residential, and at that time funds were not available to purchase properties. Mr. Herrick, City Attorney, stated that if the Council determines the property should not be used for any new commercial purposes, it would mean the present structure would have to be used for residential purposes. He stated that if the City wishes to dis- continue the commercial use, it probably would require acquiring the property either by condemnation or through negotiations. Mr. Maciej, the petitioner, stated that his only concern is that if he is granted the special use permit, he may end up with an empty lot down the road. Mr. Dickison stated that he purchased the property in 1988 and has a contract for deed for the purchase of the property with a closing on September 30, based on approval of this special use permit. He stated that when he was issued a special use permit in 1988, he complied with all the stipulations and understood if, at some future date, he was going to sell the property, he had to go through the special use permit process. He stated that he does not have a problem with this, but it would be a problem for him if it reverts back to residential. He stated that he is currently leasing the building, and those people want out of their lease because they are going out of business. Councilman Schneider stated that return this area to residential zoning was passed fifteen years about revitalizing this area as a now may be the time to do so. the City's iong range plan was to use. He stated that this S-1 ago, and if the City is serious residential neighborhood he �elt Councilwoman Bolkcom stated that the Hyde Park area has been tar- geted for revitalization, and there is another commercial property in this area for sale. Councilwoman Jorgenson felt that the City has a commitment to the neighborhood, and the long-range plan was to return this area to residential. FRIDLSY CITY COIINCIL MEETING OF SEPTEMBER 19. 1994 PAGg 19 Ms. Dacy, Community Development Director, stated that she believed the City Manager has contacted an appraiser to check into the. Frank's Used Auto site. She questioned if Council wished to in- clude Custom Mechanical for an appraisal. Mr. Herrick stated that if Council is going to deny the special use permit, the City should pursue acquiring the property. MOTION by Councilwoman Bolkcom to deny Special Use Permit Request, SP #94-09. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to direct staff to enter into negotiations with Mr. Dickison for the purchase of his property. Seconded by Councilman Schneider. Upon a voice vote, all�voting aye, Mayor Nee declared the motion carried unanimously. Mr. Tim Maciej stated that he and his brother have put a lot of time and money into this request for the special use permit. He stated that they have also given notice that they will be vacating their present location. He stated that they have aiso.spent $400 to apply for this special use permit. MOTION by Councilman Schneider to refund the $400 special use permit fee to the petitioner. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. It was suggested that the petitioner contact Ms. Dacy, Community Development Director, to determine if there are any other suitable locations in the City for his business. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of August 24, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 7. 1994: A. SPECIAL USE PERMIT REOUEST SP #94-10 BY DAVID AND PATRICIA YOUNKIN, TO ALLOW ACCESSORY BUILDINGS OTHER THAN THE FIRST ACCESSORY BUILDING OVER 240 S4UARE FEET GENERALLY LOCATED AT 5401 MATTERHORN DRIVE N.E. (WARD 2)• Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit to allow a second accessory building other than the first accessory building over 240 square feet at 5401 Matterhorn Drive. He stated that the Planning Commission unani- mously recommended approval with two stipulations, which he outlined. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19, 1994 PAGE 20 Councilwoman Jorgenson voiced some concern about the location of the driveway and wanted to make sure it would not be a problem with the bridge. MOTION by Councilman Schneider to grant Special Use Permit Request, SP #94-10, with the following stipulations: (1) the petitioner shall provide a hardsurface driveway by September 1, 1995; and (2) the structure shall be architecturally compatible with the dwelling. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. SPECIAL USE PERMIT RE4UEST, SP #94-11, BY SAM'S AUTO BUYING PROGRAM. TO ALLOW AUTOMOBILE AGENCIES SELLING OR DISPLAYING NEW AND/OR U5ED MOTOR VEHICLES, GENERALLY LOCATED AT 8150 UNIVERSITY AVENUE N.E. LWARD 3): Mr. Hickok, Planning Coordinator, stated that this is a reqta.est for a special use permit to extend the vehicle sales at the Sam's Club site to no more than three times per year for no more than three days per occurrence. He stated that Council granted a special use permit, SP #93-08, which allowed two sales per year far no more than three days per.occurrence. He stated that the Planning Com- mission voted unanimously to approve this special use permit request with six stipulations. He stated that in checking with the Police Department, they have had no traffic problems associated with the sales. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #94-11, with the following stipulations: (1) the vehicle sales will occur no more than three times per year for no more than three days per occurrenca; (2) the use of streamers, pennants, and flags is prohibited; (3) the petitioner shall comply with the temporary sign ordinance for all temporary signs on the property, including staff review of the two-story balloon and its location; (4) the petitioner shall obtain a temporary building permit and shall com- ply with Article 32 of the Uniform Fire Code; (5) the petitioner shall insure that handicap accessible bathrooms in the building are available; and (6) the petitioner shall provide a traffic manage- ment person to properly control traffic on site and to prevent problems occurring on 81st Avenue and the frontage road. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. C. RESOLUTION NO. 77-1994 APPROVING A SUBDIVISION LOT SPLIT L.S. #94-04, TO SPLIT A 13' X 200' PARCEL FROM ONE PARCEL, TO BE CONSOLIDATED WITH THE PROPERTY LOCATED AT 5960 MAIN STREET N.E. Mr. Hickok, Planning Coordinator, stated that this lot split request is to clear up a driveway encroachment that exists at the Simer Pump property, now known as Parson's Electric at 5960 Main Street. He stated that the lot split involves a 13 foot wide by FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19, 1994 PAG$ 21 200 foot long parcel. He stated that the Planning Commission recommended approval with two stipulations, which he outlined. MOTION by Councilwoman Bolkcom to adopt Resolution No. 77-1994, with the following stipulations attached as Exhibit A: (1j The 13 foot by 200 foot parcel shall be consolidated with Parcel B, cre- ating one tax parcel; and (2) a 15 foot bikeway/walkway easement shall be dedicated adjacent to the Main Street right-of-way from the northeast corner of Lot 6, Auditor's Subdivision No, 78. Seconded by Councilwoman Jorgenson. Mr. Tim Nelson, Commercial Property Investments, stated that he would prefer the bikeway/walkway easement be deferred because the City would only be getting it for this one property. He stated that he would like the right to review this further. Mr. Nelson continued by stating that until there is a development plan for Lots 6, 7, and 8 he would prefer to delay any bikeway/walkway easement dedication. Councilwoman Jorgenson stated that the City usually acquires the bikeway/walkway easements at the time of the+lot split. Mr. Nelson stated that he would think this constitutes a taking of property. Ms. Dacy, Community Development Director, stated that the City has an approved bikeway/walkway plan. When approving subdivisions, it is appropriate to require easements at that time. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of September 7, 1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVE REVISED.SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM CONTRACT FOR ADMINISTRATIVE SERVICES BETWEEN THE CITY OF FRIDLEY AND THE METROPOLITAN COUNCIL: Mr. Hickok, Planning Coordinator, stated that Pat Wolfe of the City staff and other Section 8 community representatives have success- fully negotiated a revised Section 8 services contract. He stated that under this contract, the City will continue to provide Sec- tion 8 administrative services for the Metropolitan Council. He stated that this contract is similar to the current contract with the addition of six provisions pertaining to basic and enhanced administrative services, administrative fees, full utilization limit, portability adjustment, method of payment, and operating reserve. FRIDLEY CTTY COIINCIL MBETING OF SEPTEMBER 19. 1994 pAGS 22 Councilwoman Jorgenson asked if the County proceeds with the County HRA plan, if Pat Wolfe would remain in Fridley as a Section 8 housing representative. Ms. Dacy stated that this has to be decided at the County. She stated that she would like the Section 8 representative to remain in-house, but she felt it was difficult to predict at this point of time. MOTION by Councilman Schneider to authorize the City to enter into the revised Section 8 Housing Assistance Payments Program Contract for Administrative Services with the Metropolitan Council: Secon- ded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTI�N NO. 78-1994 APPROVING PLANS AND REOUESTING ANOKA COUNTY TO PROCEED WITH IMPROVEMENT ON MAIN STREET FROM 44TH AVENUE TO I-694, STREET IMPROVEMENT PROJECT NO. ST. 1994-8: Mr. Flora, Public Works Director, stated that this resolution approves plans and requests the County to proceed with the improve- ments on Main,Street. He stated that the public hearing for this improvement was held at the last Council meeting. Councilwoman Bolkcom stated that she has had some discussion with five of the business owners on Main Street regarding the bikeway, mainly, addressing the safety issues. She felt that this portion. of the improvement should be deferred for further study: Mr. Flora stated that there is a question whether the bikeway should be on-street or off-street, Councilman Billings stated that he has trouble understanding the argument that this is a dangerous situation. MOTION by Councilwoman Bolkcom to adopt Resolution No. 78-1994. Seconded by Councilman Schneider. MOTION by Councilwoman Bolkcom to amend Resolution No. 78-1994 by deleting the third paragraph which incorporates a bikeway/walkway system. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Bolkcom, Councilman Schneider, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. Mayor Nee felt that possibly the curb cuts could be done with this improvement to still maintain the option of the bikeway. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF 88PTLMBER 19, 1994 PAGB 23 11. APPROVE JOINT POWERS AGREEMENT FOR THE RECONSTRUCTION OF COUNTY ROAD NO. 102 (MAIN STREET) FROM 44TH AVENUE AND INTERSTATE 694 BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA• Mr. Flora, Public Works Director, stated that this joint powers agreement could be approved as submitted with direction to staff to inform the County that Council eliminated the bikeway. He stated that the curb cuts could be installed in accordance with the walk through plan; however, Items 6 and 8, under Section III (B) would not be accomplished at this time. Councilwoman Bolkcom felt that this joint powers agreement should be returned to the County to be rewritten to remove the bikeway, curb cuts, and sprinkler systems. MOTION by Councilwoman Bolkcom to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIDLEY MINNESOTA, AUTHORIZING THE ACQUISITION OF AN EMSNENT DOMAIN PROCEEDING TO AC4UIRE BIKEWAY EASEMENTS: MOTION by Councilwoman Jorgenson to table this item. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . 13. APPROVE PLACEMENT OF A MONITORING WELL ON CITY PROPERTY: Mr. Flora, Public Works Director, stated that the City has received a petition from Dahl & Associates, Inc. to install a monitoring well on the west side of the service road in front of the old Cub property. He stated that Dahl & Associates is conducting a ground water monitoring evaluation at 7600 University Avenue for Conoco Oil Company. He requested that the City receive the petition and authorize the placement of a monitoring well in the boulevard with the condition that the City be held harmless for any damages which should occur as a result of the installation and maintenance of the monitoring well and that the City be provided copies of the moni- toring information. MOTION by Councilman Schneider 'to receive the petition from Dahl & Associates, Inc. and authorize entering into the License Agreement for placement of this monitoring well in the City's boulevard, with the condition the City be held harmless for any damages which should occur as a result of the installation and maintenance of the well and that the City be provided copies of the moni-toring information. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 19, 1994 PAGE 24 14. RESOLUTION NO. 79-1994 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. ST. 1993 - 1& 2: MOTION by Councilman Schneider to adopt Resolution No. 79-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 80-1994 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. ST. 1993 - 1 & 2• MOTION by Councilwoman Jorgenson to adopt Resolution No. 80-1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. RESOLUTION NO. 81-1994 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260: MOTION by Councilman Schneider to adopt Resolution No. 81-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the�motion carried unanimously. 17. RESOLUTION NO. 82-1994 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260: MOTION by Councilman Schneider to adopt Resolution No. 82-1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous.ly. 18. RESOLUTION NO. 83-1994 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1994 SERVICE CONNECTIONS: MOTION by Councilman Schneider to adopt Resolution No. 83-1994. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously: 19. RESOLUTION NO. 84-1994 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 1994 SERVICE CONNECTIONS: MOTION by Councilwoman Bolkcom to adopt Resolution No. 84-1994. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . 20. INFORMAL STATUS REPORTS: Mr. Pribyl, Acting City Manager, stated that there were no informal status reports. 21. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claim Nos. 57665 through 57930. Seconded by Councilwoman Jorgenson. Upon a FRIDLEY CITY GOIINCIL MEETING OF SEPTEMBER 19. 1994 PAGE 25 voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 22. LICENSES• MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Struck & Irwin Paving, Inc. 812 Williamson Street Madison, WI 53703 Street Improvement - Slurry Seal Project No. ST. 1994-11 FINAL ESTIMATE . . . . . . . . . . . . . . . $54,455.94 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 August, 1994 . . . . . . . . . . . . . . . . $ 6, 651.18 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. 3 . . . . . . . . . . . . . . $45,746.49 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. RECEIVE LETTER AND CHECK FROM ROBERT NAEGELE, CHAIRMAN OF THE BOARD OF ROLLERBLADE, INC.: Councilwoman Jorgenson stated that she received a letter from Mr. Robert Naegele, Chairman of the Board of Rollerblade, Inc. dated September 14, 1994, in response to her article in the City's fall newsletter pertaining to damage done by in-line skates on the City's tennis and basketball courts. She stated that Mr. Naegele sup-ported the appropriate use of in-line skates in the City parks � I FRIDLEY CITY COIINCIL MEBTING OF SEPTEMBER 19. 1994 PAGE 26 and sent a check for $500.00 to help defray the costs of resurfacing the tennis and basketball courts. MOTION by Councilwoman Jorgenson to receive the letter from Robert NaegeYe, Chairman of the Board of Rollerblade, Inc. dated Sep- tember 14, 1994 and the $500.00 check. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee stated that it would be appropriate for a letter of thanks to be sent to Mr. Naegele. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 19, 1994 adjourned at 12:08 a.m. Respectfully submitted, Carole Haddad Secretary to the City Council William J: Nee Mayor " �.r� �� _� _ crnr oF FRin�r MEMORANDOM . TO: WILLlAM W. BURNS, CITY MANACER FROM: RlCHARD D. PRlBYL, FINANCE DIRECTOR WIL.LIAM A. CHAMPA, CITY CLERK SUBJECT: PUBLIC HEARING FOR THE SHARX CLUB/SHARX SPORTS BAR FOR AN INTOXICATING LIGIUOR LICENSE � DATE: SEPTEMBER 28, 1994 The Sharx Club/Shanc Sports Bar has applied for an Intoxi.cating Liquor License. Pursuant to Chapter 603, Section .07, Subdivision 1 C of the Fridley City Code, we are required to hold a public hearing before issuing this license. Council has designated October 3, 1994 as the public hearing date. Our Public Safety Director has some issues he would like to address during this. public hearing. �' � � 0 CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on October 3, 1994 at 7:30 p.m. on the questiori of issuing an Intoxicating Liquor License to The Sharx Club/Sharx Sports Bar for the property located at 3710 East River Road. Hearing impaired persons planning to attend who need an interpreter � or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 28, 1994. Anyone having an interest in this matter should make their interest known at this public hearing. William A. Champa City Clerk Publish: September 20, 1994 1A a . TO: CITY OF FRIDLEY FOR COLTNCIL MEETING 10i3i94 - 7:30 PM FROM: RICHARD DEFOE - WATER��ORKS BE�CH CLUB NUMBER OF PAGES TO FOLLOVb': 0 l�.,�.�� .� r�� )' �� _��-- 1:.�'- -- ._. _ •! , � �� ` r� i A� r r- % ti� � r ..i.+ ! �- �r�---=� .r- - - • -��r-�-- - - _.. l � J.� �• .� . , r'•• 1 r �' `�/,r '; `_}`��fti �.' -- • --- . � ...- � •' 1 f �� C !'� •: - - � -�� "'° �!'�— , 1` �'� . 4� f ,� � � �• r�,ti`_ ' ��+i�•`. f�� . C'_i , j . :_✓ ,.� J�j`. � � 1, , •- ' _� r' -` .�- ._. l- •i, ' ,- - :�� : �1. . ,; --� -- - - �--� � ' �� ;,,� �� .V._ ..__ 1� - _- � � - � -- _� � , .-- - - - � � ��c.� {}. �,...- �—, -�--� -'-� � .� �� r.,... /�; : �� ` � .�� --- `�-- • r � '- .� � yi+ ,,; '� � ' � � J �`` �. _ i'y� �' _I_-� .. 4� —'- �---r ��•-•� ` , 1 i ,r" ^ ' ' _' � _ . - '• f � '� f�..t_•: -- �_�, t - _ . ---• �'�' , ' f� � � �1 .�L.-T� - •--- r• i~•' • - — ' _ r�•1 _ _.,.�. J_�L-. ti- - -- �� /�r�I - .. _ . ' ,� i � � . � :. -•- . f r-+•-+"� . _.. - " ' J�t d� �I��'i �fr �l .��G�. C7CJ'rf±r��.Jlt /I-�N��•;�f �,,��, -f , . . � _ . , i . OCT. -03' 9� (MON) 14: 35 ,� �r`G +� .1--�- HHH JUB CQRP TEL:612-b�?-0123 �ia�a�c� P. 001 HUBER7 H. HUMPHREY �INNELL -�.�> � J�B CORPS CENTER � �'��: 1480 NORTH SNELLING AVENUE SAINT PAU� MINNESOTA 55108' � ��°�� (612j 642-1133 FTS 781-1090 FAX (612) 642-0123 �` �''� � , �� -- '..�'" w �'r'p�; �� °�"O �/t� . i tn c�.,p Ye. G! c��i c�v� � U� r��- �N � ��y �.�� n��. �� / �� c3'� r fv+a s ��v� ��. � .e. cJe r�Y � o �"' °�,.� s cti �,. w,.�. �r . U V � v"� �G' �' `"�d ff G h ��- ✓ �er-e%G h��j �U 4 Y [-••� !� ��CrG Yi ►'t �� G�� . cra�.. r� c� '�,,.�, G iq� � �.. � %1�n � C��o. �r-�. � � � (r��c �c�r�s �,�� tl,• �: �� .�,� 0-1�.� � w al � ; # a,. �}Y-�-`� �- �,-�. °`�' ; Y.,.--a._ . ��s•� � <,�a ��' (.�.�P t•� a-�-�� r �' ✓ �-�— '�C. �` r` c.i.�-� "�U ra c.�r ol�- �- 5 ��..,� c� n6r,��-{z. � w�+�• � `� , . �� O�.�r�o S,p' ��`�. . !�i o� rE l� S �� c�� v� �aY � rc� l] � c�-� n �`=� W�\�... i/ � `�._ a�� K.� `�o a� �,�.°�: r. �a sP�c �� c.�a � � �'`-`�' �-w �c � _ `��1�.Q,c'� � Q ��.._ �.�� G`�� ,.�� Operated for the U.S. Department of Labor, ETA, by Vinnell Corporation • OGT �t �' 94 11 � 49 CE(�ITERV I LLE t7ctober .*�, 1J5� Deax �Ioizaxable ?`layar Nee: P.2 M� na�me i� Ta:ff<ara M�.J.�z-Miller.. I w�� employPd �ry' the Cit3r a� C�r�te�ville tc� ser�v� in the capacit;r o� C1erk; Ac�ninistrator fdr the la�t 7 1/`� ye3.ra. �tec�Yitly i�etir�c� ta pTarsae mY ��ntinuir�g educat�.ar� arzd �amily ira�erests.. It has �esn braught to my att�ntion th.at 'Ra.ch F�efo� �'t�.as r�G�n�ly purch�.��d a buildin� i.n yc�ur City �� pur�u� a bus�n�� nture. Mr�. Le�oe men�ioned �tha� he wrou�.d be a�t'er.ding yo�.1r �ity {�aur�ail meet�.n� on Mcnday, Qcto�er 3,'1594 �o address a�ny �ua�ti�ns ar caricern� you r�:ay have regardir.g �hE opera��.on ot ti�e �u�i.nesw. He has aske�, that 1 �xief�.y write �,ca yvu adc{rsssirig :hiW establi�hm�nt in the City.af Ce�terv�-�-�.� (Waterwork� ��h C��b)- Mr. �e�oe purchased }he Watsrworks 3each Gl�x#� in Center•r�.Iie app.roxi.r�l�xte ly �our years ago : - Se�a'rL his awnership the Waterworks had a�oor ��put�xtiort a.� being a.��nubla s?.7ot. A£ter Mx. £aei�e be�an rnanagin� �+tifa��xworks, 'the City ?�e�an to .see a.pa�.`itiv� c�..sn�;e_ Ms. I7efoe eidc�ed an a k�tG:^�r. arxd b��.n ��rrring �,ual��y food. I hav'� tak�n n1y �amily to �,?��e W=xterwo�� tc, ��x� �.unciz arxci di,ttri�r on . seve��xl �,�aa��on�; _ �hort�V' a�ter comixxg to L";entervi�.le, Mr... De�oe ,�_r��raach�d th� C�.ty �o inquire h�w i►e couid becarn� 3rivolv�d zrz the cc�mmuz?ii��_ H� h�� acta,y�ly �erved. on the Git,y C;elebrd�ian Comu�ittee,fr�r �h� past th�•�,� y�ara_ Many communit� e�res�,t� �nd Cit,y �uzd raisers are h��tl, �L a�c-� s��oxYSored by -�he Watex-wcs�k� �3each �`.?t;:b. Mr_ :C�efc�� •�i�o express�d concern �hat _ni� n.�:.�;'��a�s (singl� �arr,i ly rssider�c�s ) may �in.d li.vir3g ne:�t to the Wa�ex�works urzcoa�tc}rta}�1� �,t tim�b, Sc� h�s saalk�d up ar�d dawn the nei�hb�rhaad, knocked on doors, 'intr�d•uc�d himsa�f axiri �;,�ked wh.at �s� coulci �q �o be a-bet�.��ri �eighbor. Irx ro�pc�nse, �h� t�allfie�d h�s b��t� gZ-iifted, au��ide Ii�hta adju�ted co �educe g1aY•�, outdot�r ;�oura ��mited, c�aars and wa:ndows clo�ed �.� �imi�t r�.oz:�e and r,ot�tinued c��,en communzcai�s.an wi�h the resa,Cten��. A].�v, Concerta�s c�� PoZice �k».ef David t/anBurk�.eC were ad+�.±��g��d b3� iia.vi.ng m��t�.ras to en�.�u�-age discus�ior� ta resol.ve Y�su�� r��. �robl�;trk�.. Mx�_ I'icfcs� ki�� done so by retd�nir�� addition�,�. se�uri�y, imFravin� ��cur.ity in �h� �arkin� lat and Y:.�.�-i.ng pal.i�G F . OGT 03 '94 11�5@ CENTERVILLE p��c: �va'a o�t�cYx�� :o w�� c�r� _�a.; ti��ght�_ P.3 .i. C:C7L`SB�i..:� ;°i:'. `Lt�'1L7F .C�=i.�L' ri�1..".� .�'E3COg71 ; T" -r- =� -s• 1� �CiT2 G_ ^•niZLi]'1_i...�-y �:C�i`1C�T•21 r�'ri�l r�Y+Ta' �L+Z� Z�_:, ct-C `L:,.'ri::C�1 +�� .:�?7'�7�.T'3�1.C7Y2. .E� ;srv=.. r1C�:l✓ �:.�1. i� '�11�..`.".�fi±.�tl.r-� d�' �..'�i�n�r�.✓� }Y« ,� -r ,� � ,,,y�} .=,ci _) . � � G�. � '.j �J �.� �.[ d. l.l V1� t�'.r wr ..� � p� t�a�.:�: � � -1 � �r c=s �: c- •; � • .-� , ti uo o-�� ct me a.�. hc�me t�1. �;'�3�—�.�U�. ��e��air_�. �e.�i�-v� ��:aa� Mr. DE�c�e wil � d� ��,;, be��:. � � ��i � /� tc a �aY�ii �, r�',?�3.i1.i.;ji �,315�!'J.��,l.'�i �_r: ;'iUi.].X" `%1�,J _ Tki�r:�_ �rc� � * �� ;��u�• � �..:� . u 7-;tl{; � r:� 1;% , `�[�/YYi,�r1� � '�' � � / � T�.rn�:M:� i`� _�,�_ 1�cz—_ � I�.=- t• CZer�v,/��n:�n3��r��.r�:• Engineenng Sewer Watcr Parks Streets Maintenance MEMORANDUM T0: William W. Burns, City Manager �� PW94-324 FROM: Scott Erickson, Assistant Public Works Director�� DATE: October 3, 1994 SUBJECT: Main Street Joint Powers Agreement Anoka County has prepared a revised Joint Powers Agreement associated with the reconstruction of Main Street (County Road 102) from 44th Avenue to Interstate I-694. A revision to the initial Joint Powers Agreement was made to delete the costs associated with the bituminous bikeway/walkway. The project is currently estimated at $1,206,061.48. Based upon the County's project participation policies and the deletion of the bituminous path, the City's portion of #he project, to include engineering, is estimated at $153,136.fl3. � In the Joint Powers Agreement, the City will be required to participate in funding the concrete curb and gutter, the relocation of water items and a po�ion of the storm water improvement. . A public hearing on the improvement and the assessment distribution was held on September 6, 1994. Recommend the City Council authorize the Mayor and City Manager to execute the Joint Powers Agreement for the reconstruction of Main Street (County Road 102) from 44th Avenue to I-694, County Project No. 89-28-102. SE:cz Attachment 2 � � Anoka County Contcact No. 9�gg JOINT POWERS AGREEMENT FOR THE RECONSTRUCTION OF COUNTY ROAD NO. 102 (MAIN STREE'T) FROM 44TH AVENUE AND INTERSTATE 694 Project No. CP 89-28-102 THIS AGREEMENT is made and entered into by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100'Third Avenue, Anoka, Minnesota 55303, hereinafter refened to as the "County," and the City of Fridley, 6431 University Avenue Northeast, Fridley, Minnesota 55432, hereinafter refened to as the "City." WTTNESSETH: WHEREAS, the parties to this Agreement have long exhibited concem for the deteriorating condition of County Road 102 (Main Street) (hereinafter CR 102j as well as the poor drainage along said CR 102; and WHEREAS, the parties to this Agreement are mutually agreed that the reconstruction c�f CR 102 and construction of a storm sewer system should be done as soon as possible; and WHEREAS, the County Highway Department has prepared plans and specifications for Project No. CP 89-28-102, which plans and specifications are dated July 13, 1994, and which are on file in the o�ce of the County Engineer; and � WHEREAS, the parties agree that it is in their best interest that the cost of said project be shazed; WHEREAS, together with the sharing of the cost of construction for the storm sewer and roadway, the City will incorporate miscellaneous utility work to be covered by this Agreement; and WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, it is mutual(y stipulated and agreed as follows: 2A I. PURPOSE: The parties have joined together for the purpose of reconstructing the roadway, drainag�, sidewalk, as well as other utilities on a portion of CR 102 as described in the plans and specifications numbered CP 89-28-102, which are on file in the office of the County Highway Department and incorporated herein by reference. . II, METHOD: The County shall provide all engineering services and shall cause the construction of County Highway Project No. 89-ZS-IO2 in conformance with said plans and specifications. The catling for all bids and the acceptance of all bid proposals shall be done by the County. - III. COSTS: A. The contract costs of the work, or if the work is not contracted the cost of all labor, materials, normal engineering costs, and eqaipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs which will be incurre� for this project. ,Flctual costs may vary and those will be the costs for which the City will be responsible. B. The estimated cost of the total project, based upon the low bid, is $1,2U6,061.48. Participation in the construction cost is as follows: 1. The City will pay to the County 50 % of the cost of concrete curb and gutter. The estimated totai cost of curb and gutter is $70,476.56, of which the City's estimated share is $33,691.28. 2: In-place concrete walk will be replaced by the County at no cost to the City. 3. The City wiil pay 100� of the hydrant relocation and gate valve box adjustment, water and sewer construction. The estimated City cost of these items is $18,010.00. 4. The City will pay for the non-eligible poRion plus the non-partieipating portion of the storm sewer construction. The non-eligibte cost wilt be determined by the State hydraulics letter, anticipated at 20% of the cost -2- : of the storm sewer. The estimated cost of the storm sewer is a4�48,606.70, of which the estimated City cost for storm sewer is 589,721.34. 5. Any in-place driveway pavement disrupted by the construction will be replaced in kind by the County ai no cost to the City. The cost of driveway upgrades will be added to the City's costs where requested by the City and the properry owners. 6. The City shall fumish and deliver to the construction site replacement hydrants for any hydrant which is being relocated as a part of this project- which the City wants replaced. C. The wtal estimated cost w the City for the project is $141,792.62, as shown on t�e attached Exhibits A and B: The City participation in engineering will be at a rate of $95 of their designated share. The estiinated cost w the City for engineering is $11,343.41. Therefore, the grand total estimated cost to the City for the projeci is $153,136.03. �. D. Upon award of the contract, the City shall pay to the County, upon written demand by the County, 95gb of its portion of the construction costs of the project estimated at $1.45,479.23. The City's share of the cost of the project shall include only constcvction and engineering expenses and does not include administrative e�cpenses incurred by the County. E. Upon final completion of the project, the City's share of the construction cost will be based .upon actual construction costs. If necessary, adjustments to the initia195� chazged will be made in the form of credit or additionai charges to the City's share. Also, the remaining S% of the City's portion of the construction costs shall be paid. IV. TERM: This Agreement shall continue until (1) terminated as provided hereinafter, or (2) until the construction provided for herein is completed and payment provided for herein is made, whichever of (1) or (2) shall first occur. V. DISBURSEMENT OF FUNDS: All funds dishursed by the County or City pucsuant to this Agreement shall be disbursed by each entity pursuant to the method provided by 1aw. �� ZC VI. CONTRACTS AND PURCHASES: All contracts let and purchases made pursuant to this Agreement shall be made by the City in conformance to state laws. VII. STRICT ACCOUNTABILTTY: A strict accounting shali be made of all funds and report of all receipts and disbursements shall be made upon request by either party. VIII. TERMINATION: This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivere� by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be receivefl two (2) days after mailing. Such termination shail n�,� be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The City shall pay its pro-rata share of costs which the County incurred prior to such notice of termination. IX. �MAINTENANCE Maintenance of the completed watermain, sanitary sewer, storm sewer system except catch basins and catch basin leads, and bikeway shall be the sole obligation of the City. � X. AFFIRMATNE ACTION: In accordance with the County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full-time employment rights in, be denied the benefiLs of, or be otherwise subjected Lo discrimination in the program which is the subject of this Agreement on the basis of race, cree�, color, sex, sexual orientation, marital s�atus, public assistance status, age, disability or national origin. XI. NOTICE: For purpose of delivery of any notices hereunder, the notice shall be effective if delivere� to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and the City Manager of Fridley, b431 University Avenue Noriheast, Fridley, Minnesota 55432, on behalf of the City. -4- r� ■� XII. INDEMNIFICATION: The City and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents or employees relating to activities conducted by either party under this Agreement. XIII. ENTTRE AGREEMENT/REQUIREMENT OF A WRITING: It is understood and agreed that the entire agreement of the parties is containe� herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof, Any alterations, variations or modifications of the provisions of ihis Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. � -5- 2E IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA sy: Dan ErhaR, Chairman County Boazd of Commissioners Dated: ATTEST By: John "Jay" McLinden County Administrator Dated: RECOMMENDID -FOR APPROVAL By: )on G. Olson, P.E. . County Engineer Dated: APPROVID AS TO FORM By: Dan I�lint Assistant County Attorney Dated: Ackootrxttcrtoi-.a.Ga CITY OF FRIDLEY BY= Name: W�liam J. Nee Tifle: Mayar Dated: By: Name: William W. Burns .I.lde_ City Manager Dated: sy: _ Name: Title: Date�: By: _ Name: Title: Dated: � 2F �r � � • ; 1L� h �t ! �� o i �� -�--- �. i i� :z I = .., �.� e �V :� ,_ �� . _ �= _� � " ,- :� i , ( . � � ' � I , i . , 1 � i � I � f ! � � ! . M � � i i ; . t ; � ; : - ; � i � j : , � I ( i i r i i : � ' ' � i � , i { � i ; j ! i � � � j ! � i � ( ...j ! � ' � t ; ' ' � � i i . i � . � '' � 1 I : • � I ' ( : I 1 � • � I ' � � 1 i ! � � � ; ! — I ---- I — I — � — --� — ' --! --� --�---, ----- --, — • ' +j ` ri � t t � �� L � � � � � 3 ' i ` � � i �t � • � • � i , � ' . � r � w � _ �� - � � . � � . � , � . . ;-_-+ --, --' -- - ; -----' --, ------ _ _ � ^ _ _ - _ _ ^ -- _ � :� - ; -- � --; --; --; ---� ---- � _-_--------� _____; __i - { ---- ; i ; ; j - � _ - � ; � ; � ; ; ;= � � - `-- � - � - ' - --� � ---- � - � --� ----- � -- ; ; �; ' rj I r! j . i" � � �� i � � ! !� j--� --' --�---� - ' -----�------,------I --; --i -- - _— _ �� I�� i j i _:� I �� 1� ; � ; � � 1 � i ± ! --- � !" -�_ -=---' --' --' - � , --, , ---- --� .- ; - - -�- , -,- ; � . ; j j _ � � � - i � � --� � --�--=M -� --r --� --! --� --� _ � : -�--_-:- -. - - -=�- _,_ : _ ,- , , ,- : '_ =! _-' =_'_=='=-=i= _= _ -_-- __ � ... .i ( A. '= - - � ! � � .; i.: - _ �- - i.: �.^ s � � : -� ~! =s^'= � t- - , =1 � � =� ^i- � ; ti~ -- � ' - °I� °!� : - � � .. - � E i � � .. . � :.°. — '---� --- _ �^ --� — — _;_ --' --= - - - ^--- -- ---� ---� ---� �. . . �� ` �! � � _ �_ _ _� _ ��= _ ��-� � : - � . � �:._ � , ; _ ` r M;= �_� _ I _ ;T _ '^ _^ { _ _ _ �-_ ! _ , � _, -- - - --:-----_� _-------- -- -� - -_- -� -s� ---- -----_- _ ;_ � - . =� =� ='�-- -= _ .=1- -=- �� _=� _ __ � = = �; ._ � � � I� ._� _ i ; i� �" i _ ; _ _'- . � _ ~ I_ i � --'_ . ' i • . . -: W ' , � , ; . � ; ; i ; � � � � � � - --- ---- =--� --- - ! . �,: _� -- -=':_-�== '- _= = e= L= -� _"'� _' ; ^'^� '-- `... ... . - -� - - - � - _ i_ ..: , ... f . _ - "!' ; .� I^ ,- i� �- ! ,- ;^ - = f= ^ { ; -. ^. ; . ,,, i ..' � ... i �~ m o � i � � i , . + ' � �l �� .�� —�-----..� �I � �� .: i� - � i � � ; .n 1 _ . ' « � :" � � .. iN � � � � 1M 1 = = � + � 4 � ..�L.� .� _'� � �i= _ �' ..� � �'� .� j _ ` � ` .� �.. � .� � + `� . .. t� ... --- . ' ! � t I � I I � , i 1 � t � �� ..�� .��.��.�� `� �� i �.e .� s o e Y; T�� e � 1 s � .:: .r ' .r .� s .. �! _ �� _°.° _ .. ,.{ .. �•_° � •`�j ....'1 J�... � ��.r�� :�� .� ... � W � — � — � �� _ _ �� ; �� —� �; �� ..�i .... � � .� � .�-. ... : .� � I i , i � + i j o j i � . � ' , ` . 1 � � ' •e � � � .� .� � � � � ^ � .: .» � � - ( I � :� .c s > 1 � � r � o 0 0 0 0 � o � � �. � - > e _ ��'s i.. o� o o e e e e e a i� v o = „.. e � _ � , f _, o o — o � i .. .. �. .. � .. .. ...... ° —o — '- ° ..3"'.�N��N �� _ � � • ; 3 ' � � � � r .. • � o t '� ' � � v wyi j� � .�! ,�i ......�� ° � � i ° �� ol �{ � _ ��_ � �__�� .- 3 � ol -m' ii.eo�s:�'i °° s: ".. - ,.a�� sr....s r � ; � .� � i i e e o � ` e := . � .. e .� ! � � � -. � o e , a _ . e �� _ _r_.� _ _ _ � __�� ` - -�_ ' --_?-==='3 -_ ~� __== i -ji ------------ - - — -- � --------=�=----�i=----�—=— =----='--=� —=�=------ . • — -- . _ _. : _ _ ...._ _ - - --- - -- — - - - -- - ---- - - - - -= - - . ------- --- -- __ �-- _ _ _ -� - —_ - - __ __ - -- . . ' .----;'.'�__-.��: - ' - -: -�_ _.-t_ _._l. �� - -�' --� � -_--l-=--=i::-_._-.,-.-.:---� "--==�-- t - � -� :.�• - 0 ; I f i � i i �- � e _ ;_;� � :T� , : �o � i I " 3�� ; .j�; �� { � �; :; ;; i; �� t ' � t � i ^ � I o� � _ ::E � jv �� i" -f - - � - i � . ' �� ; � � i ` � � i i � ! � � ' � . ; ; � ; � i � ; � ; ; : ; � ► j i ! � f � � ! � ! ! ; �( i I� � �( �-- -----�-------_� . � --i =-=--=--=-=--,- I-^_ �_ _N=-=_=� � -i --�i --�� - -� ---i ----^`--_-_ ^,--^� _ _�_ _ = = = = = --i -----i --� --i =="�"-_-- i - � - � - � - � — � -- —; _ —� -- —i ;_ 1_ ;_ �_ ;� I_ I_ i r � ( � F ' --�---' =—' -- - ------- �. :� t E " - � -- i- _�, ^_: __ _%_ .I = �_�-. ; � � ' � � � � ; i ; ; � i � ! � i , � � � _. � ; . ; ; ; ; � ; : � i . ; � 1 i � I � • i ; l � � ; i ----� --; -----� --� --j � � .� i ; j. � � ; : � i j ; i ,; ----; -----� ------; -- _! _ ` _ � _ � - � � � ; _ ; -- -j "� N � - , , �� -, _ . : , : = i - � � --� --� --� =--� -' � ; � � ; � ; i _. - - i ---- � ^' ' -!� t „ � =; ; ; j : . — -- ----- -- ----' _ i � �=�i i I :� �; � ; ------ ---- ---- �_ ► _ _� _ ^� __ __ - ' � X;: �'. � .:� � _ �_ _ - �_ -- _ __ = �� _ =-I _ _ _ - - - - - - - � _ -_:��= ; i_. E � � �_ i I --- - ---�--=' � ' =-=-- � - � - ±� --� i - --) -� --i ----- -� -� _ _ '^-�� - �'!� . ^ � � _. i � -- �,,, = i ; ... = Ir. � I '. � � � � ' �) ( !� i � � i � `�� __..._r-- _______1 __. ___ ________ _______ _; _ =______ _'="=_t __-__=_ = '_ ___� _ __ �� '=__;. _ � __'__=_ ---_ _-�.�N= _ ____�� w 1= _ '_� - -- �_ =_�� , _=, ; ` i � =� � _;�__� __, _.� =�� "fi " �-� -C =� ^ -� _ ► _i =i- ��►__� = ------ -- ---- -- - _---�-- _^ —��_ - '� �- - '__ :1-r_ --i - �: . _ _ —�. � s ;— - �— � , � _. ____� �=��i_ j� -; �� i -_:� =� _� �� _ _ � � ^ i � �� - � ! � - - ---- -------- � --- =="=--- -=-=-= -- - '_�1 = � -- .�� _ =_ �____Nj '' ` �: ��I.^_-_i" .,_�.t=.._::�`�.~'�...�,��.._� _ .j� ^t' =� _ i t« +i� -! � � � � '� ~� I � { � 1 � � � � : ( _�-� -- � �-� ^--'�---�-� �---'-� e -� -� e � "'�-�---�- o e �----; s x ... .r.r ... � i� s: � s• .n o e' { : � ^ � ... �.. ... ... ... ... .... ° � « .:: � � � � °. s � � ��_—��1 .��; ��`��_��`i �� ; I i i � � i • � i • i { � � � � . � i e � , ! ! � � � � — e � 1 � e' � e i . a[ .n .� � ... I � .� 1 .a i t' M � � � 1 � 1 � " � . e o o v o e a e o e • � � � �� ... ... �'.i ... "> e e � . i � � W � � � e ' � � � e � e _ � `> e � •'•• ! � � ,� — �' � � ' � e — ' � � w .�s s. � � 0 3 3 0 : e s - �= r I � N N N M M N N N N� � _ � �� r p . � � s � � ' "'y,,., � ► ' O°�• � � �� e ._ � _ ° — i � � . �:�:`o`s � __�� ° . _ — —� ; .° � �°� _"' "" ve000ee' °i ` —� �; . � � .. � ! ° ° ._ � _ � � a i e o o e " _ � s ' � o .. .� e — o � � �. e e� � o e eo . e . oeoeo oeo �ooe' ' ' o ��! � ° ° ��. �� _��y��=; =�=��=��= =��=��=-_ _ ' � � � � � � � � � � � � � � � � � � � � � M ! � � � _ � I � ' �.��.��'��_��i �-�; �.��i�`�� ;��: _ �� -,�---".,- -__ _ --�=-_�'---��--- � -- 4 -_`= -.-t- _.-.CT ( C -.. .i - 'C"• .�i _ 1.=� 0 � i � i � � 1 � � � � � ( ' , . � ( � ! � � I 1 � I� . I . � � k I � I � , I � � • � i i � ; } � � � . � i � � � � � i � i . � ; , � � � i � i � I � � � � { i i 1 ' • � � . � i 1 � t ` : ( � � � I ' � ' � � � � � I ' I i � � I • 1 � - . � i . ` 1 , � 4 � � i � , i ' � _ j � I � ' f � � ` ' � � I � . � V � , ! � ' � � � I � � � ' � . - ; , : � ; � ; � ; � i � j �._. . ��_ , � � � � � : : � - � � c� � � ; , ; , , � , ; � ; � � : � ° � ; � ' � j t j i i � � � � -- � ; � : � � � , � � ' � � . - � � I : � i ; � j . - E ' � — � � ; : � � � ! , h s � � � - j f � � i i ' ` � ; ; � �- ` ' � ` � ` ' � i i 't i � . ; . � i : � . � i . � � o : i � �� i � � i � � � � } y �; �-- � , i � - � i � � i _ � : ( i I ° - � � • � i �: - ! � , : I i � � � � � i ; o -,�w � � �i ' j i ^i _ ij .. . ! I � i I � —�— f i ' � . _�{ � � - � . � ' , � � i � x. i� ° i ; � f i � ��,�x � ,. � e _ �� - :- � ; _ � ( , ; __ : � < < � i . � �� i� � � �� : � f C � -:..s i . ; ; , r � �- ; " � � _,� j � . j i ` � �: ! '; '�V � � � � . .. ` ..� I. , . , � � . j � � �s � ' � � �� ' � � � � � . . � � ' ' � : ' � : f � !' ' t I � f . � , i � � + , i , � , � � _ _ � � � � ; ; �� ! � � ; i � .:f f _ � ' � i � � � � � ; � I ; � � � —-- ' — ` ; ' � � i ' � . � I : j � j . , __ � � ; ; � + � I . I � � , i � : � ��`: � = i � � ! ' ► �.:! i. ; i � . --- � � ; _ , � �_ _ '_ �� 1 j : ( i � .. i = . = - _- �=_ j- - - � � � t: 1 � � _�. . -° . =_ = _� =_ = =r -- _ ; � i ! � j ; . ; i ~ ° �^ �^ . � I� ' i 1 � i � • . � i ( i : : __._ i � � . � � } � j . + . _ 1 � � ' � � i ; i ; � � � i � . i •' f 1 . � ' � : . . � . • 1 �.. � . , � r : . o � ' . � . . � . —�— ' �' � ; " � . t r . ' i.. I» I . i . t ° ' _ � � ._. ° _ ° y ..� ° i . ' . � = � ! � ` ° � �+ e i � j ' � . I �' . - ! . . , � � = . . v y : � W , ( . . : ' e � ! - f - . i ' t _ � ° e � � , �+ � . + . . I o � --- � � �7 ° . . ! - ' ! : 1 � , ' , ' . i • i . � ° ! � y � { I ! I � � � � f � o . � . ' ' ' . f � ! i f � j i . � ' --- ' � � ; � � i `� i ' � i , � . . ; � � � .�.,- -- -' - " --''- --_ . . -- - ' ._..- ' -- - - -- - -- -_ - -- - - -- - - - '- - - ' - �-- . .. _ .. _ . _ .. - - - - � ,°' - - _ += - - - ' . :. _ _ . . . .. _ . ' . . _ . _ ' ' . _ ._ _' ' ' " ' _. .... '" ._ .. � . ' _..i t t l ( i i l i _ ., t._ . ` _t . . t : t . _ t . , _ t _ , `. . , l _ . t . � �.. , E7�-IIBTT � COST-SHARING AGREEMENT FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY USING COUNTY STATE AID F�JNDS OR LOCAL TAX LEVY DOLLARS I'TEMS COUNTY SfiARE CITY SE-IARE Bikeways 0 1004b Concrete Ctirb aad Gutter Concrete Sidewalk Concrete Sidewalk Replaceateat Concrete �rb and Gutter for Median Construction Concrete Me�ian Construction or Adjustmenc of Local Ua7ities Grading, Base and Bituminous Storm Sewer Driveway Upgrades Traffic Signals (committiities larger than 5,000) Traffic Signals (communities less than 5,000) Engineering Services 50 96 0 100 % 1009b 10096 0 10046 based on state aid letter*� 0*6 1/2 the cost of its legs of the intersection 100 % *+ SO% 100 56 0 0 0*' 10046 0 based on state aid letter'� 100 9b the cost of its legs of the intersection plus 1/2 the cost of the County legs of the intersection 0*' � Right�f-Way 100% �'''3 Street Lights 0 1004b *' The County pays for 100 % of a Standard Median Design such as plain concrete. If a local unit of government requests decorative median such as red brick, � conccete, or ezposed aggregate concrete, the local unit will pay the additional cost above the cost of staadard merlian. *� In the event no State Aid -�s being use�i, drainage cost shares will be computed by proportions of total area to County area � where the area �of the road right-of-way is doubled.prior to performance of the calculations. *' In cities less thaa 5,000 people the Couaty pays for 100% of the cost of the traffic signal effecrive March 1986. The County collects on behalf of the cities (less than 5,000) "Municipal State Aid Dollars" since they do not themselves qualify for state aid fimds. These funds ar� used to pay the City Share. *° Engineering shall be paid by the Lead Agency ezcept tl�at any participating ageacy will pay consiruction engineering in the amount of 8% of the consiruction costs paid by that agency. *s In the event that the Township or City requests purchase of right-of-way in ezcess of those right-of-ways require� by County constcuction, the Township or City pariicipates to the extent a.n agreement can be reached in these properties. For instance, a Township or City may request a sidewallc be constructed alongside a County roadway which would require additional right- of-way, in which case the Township or City may pay for that portion of the right-0f-way. Acquisitiou of right-of-way for new alignments shall be the responsibility of the Township or City in which the alignment is located. This provision may be waived by agreement with the County Board if the roadway replaces an ezisting alignment and the local unit of government takes jurisdiction of that e�cisting alignmeat. In addition, any costs, including right-of-way costs, incurred by the County because a Township or City did not acquire sufficient right-of-way during the platting process or redevelopment process shall be paid by the Township or Ciry. '''6 The County will replace all driveways ia-kind. Upgrades in surfacing (i-e. gravel to bituminous, bituminous to concrete) shall be at 100% ezpease to the Township or City. 2J�,m.,�,«-��.�.�„� CITY OF FRIDLEY PLANNING COMMISSION MEETING, SEPTEMBER 21, 1994 CALL TO ORDER: Chairperson Newman called the September 21, 1994, Planning Commission meeting to order at 7:32 p.m. ROLL CALL• Members Present: Members Absent: Dave Newman, Dave Kondrick, LeRoy Oquist, Diane Savage, Dean Saba Brad Sielaff, Connie Modig Others Present: Barb Dacy, Community Development Director Scott Hickok, Planning Coordinator Michelle McPherson, Planning Assistant Michelle and Monte Maher, 7965 Riverview Terrace N.E. John Rice, Jr., 8041 Riverview Terrace Chris Hamlin, Asst. Manager, Wal-Mart, 8450 University Avenue John Tiller, 1538 Gardena Avenue N.E. . Bailey Tiller, 1535 Gardena Avenue N.E. Jerome Tiller, 1555 Gardena Avenue N.E. Dave Tiller Kathy O'Connell, Combs,.Frank, Roos & Associates Paul Carlson, Close & Associates APPROVAL OF SEPTEMBER 7 1994 PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the September 7, 1994, Planning Commission minutes as written. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DTsCLARED THE MOTION CARRIED IINANIMOOSLY. 1. (Tables 9/7/941 PUBLIC HEARING: CONSIDERATION OF A SPECIAL. USE PERMIT, SP #94-12, BY MONTE AND MICHELLE MAHER: Per Section 205.24.04.D of the Fridley City Gode, to allow construction in the flood fringe district on Lots 16 - 21 with exceptions, Block W, Riverview Heights, generally located at 7965 Riverview Terrace N.E. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. � PLANNING COMMISSION MEETING, SEPT�MBER 21, 1994 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:34 P.M. Ms. McPherson stated the property. is located at the intersection of Cheryl Street and Riverview Terrace. The property is zoned R- l, Single Family Dwelling, as are all of the surrounding parcels. The purpose of the special use permit is to allow construction of an addition to a dwelling located in the flood fringe district. The petitioner is proposing to construct a 26 foot x 40 foot addition to the rear of the existing dwelling. The petitioner also requested a reduction in the rear yard setback from 40 feet to 30 feet based on the depth of the property. The Appeals Commission reviewed the variance request at their August 23, 1994, meeting and approved the request. Ms. McPherson stated the proposed �ddition will contain three. bedrooms and a bath, and is proposed to be one story in . height. The existing dwelling is 1-1/2 stories. The flood fringe district requires the first floor elevation of all habitable living spaces be a minimum of one foot above the 100-year flood elevation which is 823.0 feet above sea level. An elevation certificate will be required by the petition.er prior to the foundation beinq capped. Basements are not permitted in this district; however, a crawl space under the addition would be permitted. Staff reviewed the elevation certificate for 7995 Riverview Terrace, which is the property directly north of the subject parcel and which included the first floor elevation of existing dwelling of the petitioner. The petitioners' dwelling is currently 821.8 feet above sea level; therefore, the addition would need to step up 2.2 feet. The elevation certification is to verify the minimum first floor elevation. Ms. McPherson stated the�flood fringe district regulations also require that any fill needed to elevate this addition extend a minimum of 15 feet from the proposed addition. This will change the existing grading and drainage patterns on the property. The petitioner will be required to submit a grading plan and a erosion control plan prior to the issuance of the building permit. Riverview Terrace is proposed to be upgraded in the future and is also used for flood control measures. The Engineering Department has requested a 15-foot flood control and street easement along the east side of Riverview Terrace adjacent to the existing westerly property 1ine. Ms. McPherson stated staff's recommends approval of the request to the City Council with the following stipulations: 1. The petitioner shall submit an elevation certificate prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824.0 feet. 3.1 PLANNING COMMISSION MEETING. SEPTEMBER 21, 1994 PAGE 3 2. 3. The petitioner shall submit a grading and drainage plan prior to the issuance of a building permit. The petitioner shall dedicate a 15-foot flood control and street easement along the Riverview Terrace property line. Mr. Oquist stated, in looking at the footprint, there is 27 feet from Riverview Terrace to the addition. Is the City taking 15 feet of that distance? Ms. McPherson stated this will be an easement as opposed to dedicated right-of-way. It allows the City use, but it does not• take it in fee simple. Mr. Oquist stated, at some point, the City can use it and that makes the distance 12 feet. Ms. McPherson stated this was correct. Because the front yard is actually Cheryl Street, this is the side corner which can be as short as 17.5 feet so it does not necessarily put the property into nonconformity. Mr. Maher stated he questioned �the height of the property above sea � level. He shot a line fr�m the fire plug which indicated his property was at the proper level. He is 4 inches above the level of the fire plug. Ms. McPherson stated, according to the elevation certificate submitted by the neighbor for his property, the exis.ting dwelling for the petitioner is at 821.8 feet above sea level which is 2,2 feet lower than the 100-year requirement. The petitioner can have a surveyor come out and check the height. This is not a concern for the existing dwelling but rather concern about the addition. Mr. Kondrick asked if there were any objections from the neighbors. Mr. Maher stated there were none of which he was aware. The neighbors know about their plans. The neighbor next door was at the meeting, but he was not aware they had done the survey. Ms. Savage asked if there were any problems with the stipulations. Mr. Maher stated they had no objections except showing the elevation. They had planned for the City to come by and inspect. They did not want to spend the additional dollars for a surveyor, but they will do it if it is required. Mr. Kondrick asked if staff had received any phone calls. Ms. McPherson stated the City had received no calls. 3.2 PLANNING COMMISSION MEETING, 3EPTEMBER 21, 1994 PAGE 4 Ms. Maher stated she thought the neighbors who were at the last meeting attended out of curiosity because they are interested in the process. That was their only knowledge of the people attending the meeting. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CiiAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND T8E PUBLIC AEARING CLOSED AT 7:45 P.M. Mr. Saba stated he had no problems with the request. Mr. Kondrick_agreed. The only area of concern is to learn for sure the correct elevation and to clarify the language as to how this will be done. Mr. Oquist stated, from the information we have at hand, he thought the stipulation would stand. Mr. Newman stated the certificate is required by ordinance. MOTION �y Mr. Kondriek, seconded by Ms. Savage, to recommend approval of Special Use Permit, SP #94-12, by Monte and Michelle Maher, to allow construction in the flood fringe district on Lots 16 - 21 with exceptions, Block W, Riverview Heights, generally located at 7965 Riverview Terrace N.E., with the .following stipulations: 1. The petitioner shall submit an elevation certi€icate prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824.q feet. 2. The petitioner shall submit a grading.and drainage,plan prior to the issuance of a building permit. 3. The petitioner shall dedicate a 15-foot flood control and street easement along the Riverview Terrace property line. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOOSLY. Ms. McPherson stated this item would be reviewed by the City Council on October 3rd. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #94-13, BY JOHN RICE, JR.: Per Section 205.07.O1.C. (1) of the Fridley City Code, to allow a second accessory structure over 240 square feet; and per Section 205.24.04.D of the Fridley City Code, to allow construction of an accessory structure in the flood fringe 3.3 PLANNING COMMISSION MEETING, S$PTEMBER 21, 1994 PAGE 5 district, on Lots 19 � 22, Block U, Riverview Heights, generally located at 8041 Riverview Terrace N.E. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading of the public hearing notice and. to open the public hearing. UPON A VOICE VOTE� ALL VOTING AYB, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:48 P.M. Ms. McPherson stated the subject parcel is located at the intersection of Riverview Terrace and Ely Street. The property is zoned R-1, Single Family Dwelling, as are the surrounding parcels. The request is a two-part request. First, the petitioner wishes to build a second accessory structure measu.ring 26 feet x 30 feet. Second, the accessory structure.is to be built in the Plood fringe district. The petitioner also applied for a variance to reduce the set back from 30 feet to 19 feet in order to line up the proposed accessory s►tructure with the side of the existing dwelling. The Appeals Commission reviewed the request at its September 13, 1994, and unanimously approved the request. Ms. McPherson stated that located on the property is a single famiiy dwelling with a 19 foot x 24 foot attached garage. The proposed accessbry structure is over 240 square feet; therefore, a special use permit is required. The petitioner intends to store vehicles and miscellaneous items within the structure. Because vehicles will be'stored in the structure, a hard surface driveway is required. Typically, the Ci.ty required the structure be architecturally compatible with the existing dwelling. Ms. McPherson stated, in order.to allow construction in a flood fringe district, accessory structures are permitted if a special use permit is issued. Unlike habitable living space, they are permitted to be constructed below the regulatory fiood elevation if they are properly flood proofed in accordance.with the current regulations. Ms. McPherson stated the City has typically required the petitioner to execute and record against the property a hold-harmless agreement to release the City from any liability as a result of the special use permit issuance. Ms. McPherson stated Riverview Terrace is currently used as a flood control structure and is anticipated to be reconstructed in the near future. The Engineering Department is attempting to acquire the necessary easements to accomplish this goal. In the 1960's, the City previously condemned easements along the westerly property lines of the properties adjacent to Riverview Terrace. There is a four-foot easement along the majority of the westerly property line already. The Engineering Department has requested, an 3.4 PLANNING COMMISSION MEETING, SEPTEMBER 21, 1994 BAGE 6 additional 11-foot flood control street and utility easement along the west property line. Ms. McPherson stated the City currently does not have on file a current survey showing the property and the location of dwelling plus the condemned and proposed easements. Staff is requesting that the petitioner submit a current property survey showing these items. Ms. McPherson stated the request does not adversely impact adjacent properties and it meets the requirements of the R-1 district with the exception of the variance granted by the Appeals Commission. Staff recommends approval with the following stipulations: 1. The petitioner shall provide a hard surface driveway by October 3, 1995. 2. The structure shall be architecturally compatible with the existing dwelling. 3. The accessory structure shall be flood-proofed in accordance with current regulations. 4. The petitioner shall execute and record against the property a hold-harmless agreement indemnifying the City from liability should flood damaqe to the structure occur. 5. The petitioner shall dedicate a 11-foot flood control street and utility easement along the west property line. 6. The petitioner shall submit a current property survey showing the existing condemnation area, as well as the requested 11- foot flood control street and utility easement. Mr. Kondrick asked if there were any objections from the ,neighbors. Ms. McPherson stated sta�f had not received any calls regarding this request. Mr. Rice stated stipulation #3 stated the structure shall be flood proofed in accordance with current regulations. Then the City wants him to execute a hold-harmless agreement against the property. The structure needs to be flood proofed. If it gets flooded, what does he need an agreement for? Mr. Newman stated the hold-harmless agreement is for the City. If something happens to it, then he or future owners cannot come back to the City and say, because the City allowed the structure to be built in a flood plain, the City should compensate the owner for any loss. 3.5 PLANNING COMMISBION MEETING, SEPTEMBER 21, 1994 PAGE 7 Mr. Rice stated he cannot go along with the last stipulation to submit a current property survey. This is another expense that he cannot go along with. All the stakes are there on the property lines. He called the City and the reason they want the easement is to put in a north/south storm sewer. He just wants to make sure he does not have a road 10 feet from his window. Ms. Savage explained the Commission might not be able to approve the request unless he as petitioner is willing to abide by the stipulations. Mr. Rice stated he did not see why he has to spend additional money for a survey to build a garage. Mr. Kondrick asked what Mr. Rice felt was wrong with the stipulation. Mr. Rice stated he felt he was being asked to spend excess dollars needlessly. The City is asking for an easement and also asking him to survey the property to show he is giving them the easement. And he has to spend the extra $500-$600. Ms. McPherson stated the last stipulation came as a request from the Engineering Department. The Engineering Department has a concern that the survey that is in the paeket is not a true reflection of the conditions in the field today, and the City should have a current property survey on file. The City has,old surveys in many address files. In some instances, there are no surveys. In that case, the City tells the property owners that they should acquire a survey. It is the purview of.the Commission to decide if this request is reasonable or unreasonable. Mr. Saba asked, if the Engineering Department is concerned about the property lines, can the City go out with a transit.and check the posts. • Ms. McPherson stated this is correct. The City does have a survey crew that can go out and locate those posts. Mr. Rice stated he would think the City would survey before they put in a sewer. Ms. Dacy stated the property owners typically assume those responsibilities for the reason that the surveyor is certifying the lot lines are located in the right spot and they are signing off that this is an accurate representation of what is in the field. Staff are concerned that they do not have a registered surveyor on staff. If one of our employees made a mistake, the property owner and/or other owners could came back to the City. 3.6 PLANNING COMMISSION MEETING, SEPTEMBER 21, 1994 PAG� 8 Mr. Kondrick asked if is there is any wa� of knowing that, since this property is already reco'rded, there is an accurate survey of this already. Ms. Dacy stated she has not spoken specifically to the Public Works Department. The survey on file is dated March, 1959. She does not know if the irons are still there. With the condemnation, there was probably a description for that four-foot area. The Commission can eliminate that stipulation if they feel it is not appropriate. Mr. Kondrick asked the petitioner how long he had lived at this location. . Mr. Rice stated he has lived there since 1989. The proposed garage is within the irons for the property. Mr. Newman asked if staff is concerned with where the structure is located. Ms. McPherson stated the concern is that the survey we are looking at does not accurately reflect the condemnation area. We do have an as built survey as we would typically require with new construction. The survey is �ot an up-to-date accurate survey truly reflecting the property changes sinae 1959. Mr. Oquist asked if that was true of all properties. His home was built approximately the same time so would he also have to have his property surveyed? Ms. McPherson stated staff would ask the property owner. to verify. that the property is accurate according to what is on file. . Mr. Newman stated this request was not made of the last petitioner. It looks as the City wants the survey for the easements. He did not think it is proper to request this for an accessory structure. If there is an error, he thought they should throw all this out. It looks as though the Public Works Department is looking for a survey to verify the easement. The petitioner is already providing the easement and he was not sure it was fair to ask the petitioner to also verify that easement. Mr. Rice agreed. The other stipulat�ions make sense to him. MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:07 P.M. Mr. Kondrick stated he had no problem with the exception that we have agreed to eliminate the last stipulation. 3.7 PLANNING COMMISSION MEETING, SEPTEMBER 21, 1994 PAGE.9 MOTION by Mr. Kondrick, seconded by Mr. Oquist, to recommend approval of Special Use Permit, SP #94-13, by John Rice, Jr., to a1Tow a second accessory structure over 240 square feet; and per Section 205.24.04 of the Fridley City Code, to allow construction of an accessory structure in the floor fringe district, on Lots 19 - 22, Block U, Riverview Heights, generally located at 8041 Riverview Terrace N.E. with the following stipulations: 1. The petitioner shall provide a hard surface driveway by October 3, 1995. 2.� The structure shall be architecturally compatible with the existing dwelling. 3. The accessory structure shall be flood-proafed in accordance ' with current regulations. 4. The petitioner shall execute and record against the property a hold-harmless agreement indemnifying the City from liability should flood damage to the structure occur. 5. The p'etitioner shall dedicate a 11-foot flood control street and utility easement along the west property line. Ms. Savage stated she was concerned about the stipulation as to whether it is being asked for in other situations. If it is something that is consistently required, she felt it was okay: There are times the homeowner is required to incur extra cost for a variance or special use permit. If this•is a consistent request of staff, she thought we should keep that stipulation. Ms. McPherson stated, typically, under new construction the building inspection department does ,require a verifying survey prior to the foundation being capped. If a person comes in for a� variance or special use permit and there is nothing on file, then staff inform the property owner they are required to have a survey so the City has an accurate representation to start from. If there is something on file, oftentimes if the petitioner can verify the conditions are close or accurate, staff allow that survey to stand. In this particular instance, this is the first time this has been requested. There is no precedent. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the City Council would consider this request at their meeting on October 3rd. 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #94-14, BY WAL-MART STORES: 3.8 PLANNING COMMISSION MEETING, SEPTEMBER 21, 1994 PAGE 10 Per Section 205.14.O1.C.(13) of the Fridley City Code, to allow the expansion of an existing garden center on Lot 1, Block 1, Wal-Mart in Fridley, the same being 8450 University Avenue N.E. � MOTION by Ms. Savage, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:10 P.M. Ms. McPherson stated Wal-Mart is located at the intersection of 85th Avenue and University Avenue. The request is to allow the expansion of the existing garden center. The property is zoned C- 2, General Business District. In 1992, the City Council approved a special use permit to allow an outdoor garden center along the easterly facade of the Wal-Mart building. In 1994, the City Council again approved a special use permit to allow a g.arden center located in the parking lot. As a condition of the special. use permit, SP #94-01, the City required Wal-Mart to submit. building plans prior to the end of 1994 to expand the garden center which was originally approved in 1992. The original garden center has design elements which are to be included in the expansion. The. petitioner has submitted a plan showing a 50 foot x 68 foot expansion just south of the existing garden center. A portion of the existing garden center adjacent to the building wall is enclosed and used during the winter. season for�`temporary . storage. The enclosure is of plywood which is painted grey and which is not consistent with the exterior rock face block on�the original building. When the City granted the original special use permit, the City did not authorize the use of the garden center space for storage for off-season materials and this activity needs to be discontinued. The proposed garden center.expa�sion will displace four deciduous and one evergreen. These trees should be relocated on site and any needed repairs to the irrigation system should be taken care of. • Ms. McPherson stated the proposed garden center does not adversely impact the lot coverage or setback requirements. Some additional items that came up as a result of staff's review include the fact that the petitioner has been using the trailer parking area for storage of pallets and baled cardboard. In addition, the area adjacent to the loading dock is also being used for outdoor storage via the use of 10 dropped trailers. Neither activities are permitted without the issuance of a special use permit. The petitioner was advised in February 1994 regarding similar activities and the petitioner was requested via letter to discontinue these activities. If additional storage is required, the petitioner should consider expanding the building, which was included as part of the original building plans. 3.9 PLANNING COMMISSION MEETING. SEPTEMBER 21, 1994 PAGE 11 Ms. McPherson stated, also as a result of the review, staff observed during the summer that the front sidewalk was being used for an outdoor display of products. This activity is not. authorized by code and should not be continued in the future. Ms. McPherson stated the garden center does not adversely impact the site, setback requirements or lot coverage. Staff recommends approved of the request with the following stipulations: 1. No garden center sales shall occur in the parking lot as conducted in 1993. 2. The displaced trees and irrigation shall be replaced/ relocated by the petitioner. 3. 4. 5. The petitioner shall immediately cease the outdoor.storage of pallets, baled cardboard, and dropped trailers.. The petitioner shall not be permitted to display products on the front sidewalk. The petitioner shall discontinue use of the garden center for starage of off-season merchandise. The garden center sha11 not be used for the storage of non-garden center i�tems. Mr. Kondrick asked if the City had received a response from Wal- Mart to the City's written objections to those items that were.not in compliance. Ms. McPherson stated staff did not have an opportunity this summer to address the display of products. There is a letter in the packet dated February 25, 1994, to Wal-Mart regarding their special use permit application for the parking lot garden center which indicated the City had observed the dropped storage, trai�ers. Staff was informed by Mr. Woodley, the store manager, that these were used for seasonal storage for Chr.istmas merchandise and they were having problems with the company owning the containers to move them in a timely fashion. At that time, they did remove the trailers. Staff has noticed that the trailers have now returned and also that pallets and baled cardboard were also being stored in the parking area where it can be seen from the street. Mr. Newman asked if he was correct in saying that, in summary, the issue is the storage of materials in the garden center and staff. in essence is saying they would not do anything if Wal-Mart went through the process. Ms. McPherson stated, if the garden to be a temporary measure while they center, the City would be inclined to approved. • 3.10 center in the parking lot was expanded the existing garden recommend approval. This was PLANNING COMMISSION MEETING, SEPTEMBER 21, 1994 PAGE 12 Mr. Newman stated the storage issue raised is then different from this. Has staff raised the storage issue with the petitioner? Ms. McPherson stated staff has raised the storage iss�e of the dropped trailers, pallets and baled cardboard in February. Staff did not realize there was storage in the garden center area until the site review for this request. Mr. Hamlin, Assistant Manager at Wal-Mart, stated he is concerned with the stipulation to cease outdoor storage of pallets, cardboard, and dropped trailers. At the time they were going through the process for the special use permit, it was mentioned. about the trailers. They did remove the trailers and explained that this was a temporary situation during the Christmas season. At that time, it was their understanding that the trailers would not be allowed unless they were screened from the public right-of- way. They have parked a Wal-Mart trailer first so they consider those to be screened from the public right-of-way when going down University. Last year, Wal-Mart had 28 trailers. This year they will not be receiving as much merchandise. They have commi.tted to have no more than the ones they have now which are parked against the back of the building and which they consider to be screened. Mr. Hamlin stated the bales and pallets have always been outside. There is nowhere else to store them. He was not aware. of that issue. Mr. Hamlin referred to the temporary wall in the garden center. This is something they had also done last year. This is a necessity for temporary storage for the Christmas season for excess merchandise. They did paint it gray so it matches the side of the store. He was not aware that this was an issue. Ms. Savage stated these are violations of the code and must be resolved. Mr. Hamlin asked what alternatives they had. Storage inside the building is not humanly possible during the Christmas season. Half of all sales are done in the three month Christmas season. It makes it very difficult to store enough merchandise inside. If they were to do that, they would not have enough room to reeeive new merchandise. Last year, all that merchandise was removed by Christmas. They did have a problem getting the trailers removed in a timely fashion. This year, the trailers will be removed and they have discussed this with the people who brought in trailers that they do need to be removed. Mr. Newman stated one aiternative is ta add on to the building. The petitioner may have a problem, but other merchants face the same problems. The petitioner may have to face the fact that an addition may need to be constructed. 3.11 � PLANNING COMMISSION MEETING, SEPTEMBER 21. 1994 PAGE 13 Mr. Hamlin asked the wording of the code. Ms. Dacy read those portions of the code pertaining to outdoor storage. Mr. HamZin asked if it was possible to obtain a special use permit for that storage. Ms. Dacy stated the Planning Commission has two options. The issue of the off-season storage in the garden center is germane to this request. In terms of the storage to the rear, if Wal-Mart wants to file another application to address that issue, that is fine. In the meantime, however, they must comply with the code. Mr. Newman asked if the special use permit allows the trailers to be stored to the rear of the building. Ms. Dacy stated the special use permit would be required if thay are going to store the dropped trailers on an ongoing basis. Staff recommended as a stipulation w�th this request that they comply with the ordinance. Mr. Hamlin stated there are other trailers stored in the City and that, when they were initially built, had to build a retaining wal�l to screen anything in the back area.�That would be something they could do. � Ms, D.acy stated that would be even better. If the company wants to file a special use permit and propose a permanent screen such as nice wall that is fine. Some of the issues are that staff has pointed out the issues to the company when they first went through the permitting process and tried to take extra care on landscaping. and design issues on the garden area. Those types of suggestions would be welcome for a permanent screen. We also know th�t the company did plan for a building addition on the site plan. If these types of problems are occurring, perhaps this should be addressed as soon as possible. � Mr. Hamlin stated financially an expansion would not be cost- effective for three months of the year. That is why they run into this issue for a short time of the year. The wall seems to be a good way to go. Mr. Newman stated Wal-Mart could also get a temporary special use permit for the trailers. Parking a Wal-Mart trailer at the end of. other trailers does not qualify as screening.. Mr. Hamlin stated he has a problem with stipulation #5 which addresses the temporary wall as far as storage requirements in the garden center. 3.12 PLANNING COMMISSION MEETING. SEPTEMBER 21, 1994 PAGE 14 ris. Dacy stated this is germane to this request because the special use permit is for the garden center. if he feels the wall is appropriate and wants to allow the storage, that is up to the Commission to decide. Mr. Hamlin stated their biggest obstacle is dealing with freight they get on a daily basis and especially during the Christmas season. Right now, that whole inside area with the temporary wall is filled with toys to have on hand when the peak season hits. It is part of the business. They must have the merchandise on hand and it needs to be stored. They do this in other stores. There is a daily issue of what to do with the merchandise. They need the' extra space and have screened the space with a temparary wall. Mr. Newman stated the Commission wants to support�businesses. The City has spent a lot af money to enhance the appearance along University Avenue. The impression of people as they pass through the community has improved. Unfortunately, the way Wal-Mart.is situated along the street, the loading docks are very visible from the street. The City wants businesses to be successful but are also concerned about appearance. He recoin�mended sitting down with staff to discuss how to meet the concerns of both. Mr. Hamlin stated he understands the C.ity wanting to keep up appearances and would be happy to discuss this with staff. Mr. Newman suggested the public hearing be continued to the next . meeting to allow the petitioner to work with staff.: � - MOTION by Mr. Kondrick, seconded by Ms. Savage, to close.the public hearing. IIPON A_VOICE VOTE, ALL VOTING AYE, CHAIRPERS�N N`EWMAN DECLARED THE . MOTION CARRIED AND THE PIIBLIC BEARING CLOSED AT 8:40 P.,M. MOTION by Mr. Kondrick, seconded by Ms. Savage, to table discussion of Special Use Permit, SP #94-14, to the next meeting on October 5 to provide an opportunity for the petitioner and staff to discuss the issues further. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED iTNANIMOUSLY. 4. LOT SPLIT RE4UEST, L.S. #94-05, BY JOHN TILLER: To split Lot 20, Auditor's Subdivision No. 92 into two parcels: Parcel A That part of the south half of that part of Lot 20, Auditor's Subdivision No. 92, Anoka County, Minnesota, which lies north of the south 178 feet of said Lot 20, except the westerly 20 feet. 3.13 PLANNING COMMISSION MSETING, SEPTEMBER 21, 1994 PAGE 15 Parcel B That part of the south 178 feet of said Lot 2Q lying west of the east 75 feet of said Lot 20. This property is generally located at 1535 Gardena Avenue N.E. Mr. Hickok stated the lot referred to in the report is Auditor's Subdivision 92, Lot 20. In the report, Mr. Bailey Tiller and Mr. John Tiller are mentioned. The three properties are owned by members of the Tiller family. Mr. John Tiller is not a property owner but rather the spokesman for Mr. Bailey Tiller. Mr. Hickok stated the property is located at the northeast corner of Gardena Street and Oakwood Manor. The site was first subdivided in 1964. Prior to that subdivision, Mr. Bailey Tiller owned all of Lot 20, Auditor's Subdivision 92. Through the subdivision process and later in 1964 the property was divided into the north and south half. At that time, Oakwood Manor was planned but did not extend all the way down to Gardena Avenue so a 20-foot easement •was taken from the northern property. In 1965, there was a further subdivision which created two additional lots in the southern half of the development. As staff reviewed the files, staff discovered there is a history that leaves some questions. • Mr. Hickok stated one question is that, at the time of the 1965 subdivision, these lots were clearly disaussed in the minutes. There was not a discussion of A and B necessarily. Through a finding in 1987, staff discovered that the 1965 subdivision was not filed and tlierefore had run its course beyond the time limits to . do so. Staff asked the City to reconsider and to solidify that subdivision. Mr. Hickok stated another question comes with the line between Lots B and C in 1965 and the legal description in 1987 that clearly shows Lot C as a free standing lot and Lot B as an "L" shaped lot. To further complicate matters, in 1966 a 30 foot x 30 foot concrete block garage was built. In 1976, a barn type structure, l0 feet x 12 feet,�was also eonstructed on Lot B. With a legal description that shows Lot B as a contiguous lot, the structures were permitted to be constructed. There was a principal structure on Lot B which was Bailey Tiller's home at the time. Since then, there was a fire and a new home built on Lot B. The petitioner has asked to subdivide to clear up any inaccuracies in the legal description and go back to a free standing lot, as they thought they had in 1965. The subdivision would then appear as it was believed to be subdivided in 1965. Mr. Hickok stated staff reviewed and discussed the issue of the code requirement for accessory structures on a free standing lot. The code requires that a lot not have accessory structures prior to a principal structure. Therein lies the difficulty. It is the petitioner's intent to leave the accessory structures on that site 3.14 PLANNING COMMISSION MEETING, SEPTEMBER 21, 1994 PAGE 16 until there is a new owner, and it would be the new owner's decision to keep or tear down those structures. That does run contrary to the code, and staff feels there is the potential of limiting the placement of the homes based on the setbacks. There is a stipulation where staff ask that those buildings be removed. Mr. Hickok stated, in light of the history, staff recommend approval of the lot split with the following stipulations: 1. Staff recommends approval of a variance to the lot width requirement of 75 feet to allow the creation of this 74.51 foot wide lot. : 2. A verification survey will be required to determine setback distances. 3. Al� accessory buildings shall be raised, from the newly created lot, prior to filing the lot split with Anoka County. 4. Lot split #94-05 shall be recorded by October �, 1995, or prior to transfer of ownership, whichever occurs.first. 5. A park dedication fee of $750.00 shall be paid prior to issuance of a building permit for this parcel. 6. The property owner shall be responsible for the.installation of separate sewer and water to accommodate a new residence on the newly created lot. 7. A 20 foot utility easement shall be dedicated, across the Oakwood Manor (west) end of the newly created lot and the lot . at the corner of Oakwood Manor and Gardena Street, adjacent to the right-of-way. Mr. Newman asked if the verification survey in stipula'tion #2 is. for the structures on Lot A. Mr. Hickok_stated Lot A is a free standing lot and is now under separate ownership. - Mr. Newman asked, if we do verification and there is encroachment inside the setback, granting the lot split will not create that. Mr. Hickok stated the verification would provide a very clear description of all four lots. The petitioners did believe that in going through the building permit process that this was the proper setback. With verification of where that structure is, we would also be able to determine a very clear distinction of the four lots and where the homes are placed on those four lots. This would be of benefit to the City and to future owners. 3.15 PLANNING COMMISSION MEETING, SEPTEMBER 21, 1994 PAGE 17 Mr. Oquist asked if the separate sewer and water would be for the lot to be created. Mr. Hickok stated yes. Mr. John Tiller stated his father has been given approval for the lot split. He thinks he is asking for re-approval of something that was already given him. He does not want the stipulations. He just wants to sell the lot as it is. He wishes it would be more open ended. He would like three years to record the lot split so he can take it as his leisure and. sell as he gets an opportunity. There would not be pressure to have this done in any specific time. It is his desire to waive the stipulations and approve the original split without the burden placed on him with the stipulations added after the fact. Mr. Oquist asked if the original lot split was approved. Mr. Hickok stated Mr. Bailey Tiller came back in 1987 because the 1965 documents were not filed. The legal descr.iptions given were for the "L" shaped lot a�d the free standing lot. Mr. Oquist stated the City then did not approve a lot split such as currently being requested. Mr..John Tiller stated he believed the lot split was approved but. not filed and the time span elapsed. Therefore, he wants to sp.lit• the other portion facing south. He wanted it for the time that he was ready and he now is ready. Mr. Newman asked if this was consistent. Mr. Hickok stated, in 1964, the north/south split is clear. Discussion about splitting the south portion into C and D was in 1965 and action was taken to create Lots C and D. Historically, the north/south division in 1964 was correct. In 1965, Lots C and D were created and approved. This left B as a piece of property in the center which was later described in 1987 as two lots and the line did not appear. Our assessment data shows that the assessor had B and C as they were described in 1987 as the legal descriptions for those lots. Mr. Newman asked to clarify that the petitioner has the proper split for A, proper split for D, but the records are not clear that . B and C were split. Mr. Hickok stated there was a north/south split. Lot A is now a free standing lot. That is what he considers a historical question mark. A building permit was issued for that home in 1965 and was recognized as a free standing lot. The question is the recording of the 1965 southern half. In 1987, there was nothing on record 3.16 PLANNING COMMISSION MEETING, SEPTEMBER 21, 1994 PAGE 18 showing Lots C and D. That the way it is filed. The petitioner is asking for the description they believed they had in 1965. Mr. Newman asked if there was any record,that the petitioner was made aware of the timeline in which the petitioner had to file. Mr. Hickok stated the minutes pertained to the split itself and not the number of lots and there was not a lot of discussion on the time allowed to do so. Basically, there was a split. Mr. Hickok stated he had to assume that when the petitioner went through the process and worked with staff, they would have walked him through the process much as staff does today. Mr. Tiller stated his father was not made aware that he had to do anything specific. Ms. Savage asked if the petitioners had received approval for the buildings. Mr. Hickok stated they received approval in 1966 and 1976 from the, building staff. At that time, they looked at.the legal description available and approved both on the upper portion of what is Lot B in the 1987 diagram. If a lot is created without a principal structure, then those accessory structures need to be razed�. Mr. Tiller stated they received building permits for the accessory • structures and the buildings were placed with full knowledge that a house would be built there in the future. Mr. Oquist stated, if the legal description was as seen in 1987, these are accessory structures to the house that was on Lot B. Mr. Tiller stated there was no intent to go that way and he did not know how it happened. , Mr. Oquist stated, if the legal description would have been as shown for 1965, the petitioner would not have received a permit for the accessory structures. Mr. Jerry Tiller lives on Lot D on the 1965 drawing. When his father placed the accessory structures, he did so in such a way to leave room for a future house on that lot. Since he did at that time, he didn't think he would now be asked now to raze those same buildings placed strategically in 1965. He does not wish to remove them. The question mark in history is the issue. Mr. Oquist stated the concern is that, if those structures are not razed, someone could buy the lot, not build on it, and use those structures for something else. Mr. Hickok stated this was correct. The intent is to have a residential use in the R-1 district and not for something else. 3.17 PLANNING COMMISSION MEETING, SEPTEMBER 21. 1994 PAGE 29 Mr. Oquist asked, if someone were to buy that lot and asked for a building permit, would they need a special use permit because they have those two accessory structures. Mr. Hickok stated he was not sure. Mr. Newman stated the Commission needs to be careful about setting a precedent. Ms. Dacy stated another reason for concern on the accessory buildings on Lot B is there is a bathroom in one of the structures which was connected on one line into the house. After the house burned about two years ago, they dealt with this. There should not. be a separate water and sewer connection until the lot is created. They are trying to resolve the situation and formaliy create the lot.as the petitioner wants. Now, we need to problem solve to get the lot created and get the issue resolved. Mr. Newman asked the purpose for not allowing an accessory structure before the house. Mr. Hickok stated the principal use in the R-1 district is as a single family-structure which must be there prior to the accessory structure being built. Mr. Newman asked if there was anything in the code that addresses this particular issue. At the time the accessory structure were authorized, the principal structure was .in place. Is there anything that.says you can have a lot split? Mr. Hickok stated staff concern is that it could happen that the principal use could be something other than single family. Future owners may not built there. Mr. Oquist asked, when those two accessory structures were granted building permits, were they also granted special use permits. Mr. Hickok stated he believed the accessory structures goes back ta 1959 that these were accessory building to the principal structure. The 240 square feet was more recent. There was no special use permit for the structures. Mr. Newman stated, concerning the stipulation that the lot split be recorded, the petitioner desired to delay this for three years. What is the hardship? , Mr. John Tiller stated his father does not want to split the property unless he sells it. He wants a reasonable amount of time to file. Mr. Newman asked if there was an economic hardship. Mr. John Tiller did not think that had a bearing. 3.18 PLANNING COMMISSION MEETING, SEPTEMBER 21, 1994 PAGE 20 Mr. Newman stated they want to try to avoid what happened in 1965 which was a lot split that was not recorded and now we are trying to figure out what happened 30 years later. Mr. John Tiller stated this might happen sooner but his father does not want to feel pressured if the lot does not get sold. Mr. Newman stated recording the lot split does not mean the lot must be sold. Mr. Oquist asked if the request could be approved with a stipulation that, when the lost is sold, it must be sold with the intent of building a house on the lot. The concern is someone would buy the property with the accessory buildings and use it for storage. Mr. Newman asked if it was permitted to buy a lot and use it for storage. Ms. Dacy stated the permitted uses are one family dwellings and single family attached dwellings. Accessory uses are storage. . Mr. Newman stated, if someone bought the property, they would not be able to buy it and use it for storage because storage is only allowed as an accessory use with a principal single family dwelling. . . Ms. Dacy stated this was eorrect. As a word of caution, if the Commission were to allow the accessory structures to remain, one structure has a bathroom and there should not be occupancy in that building. If you want to leave the accessory buildings on the lot, you need to address that the building not be occupied as a home. Mr. Newman asked if the City records show any payment of a park dedication fee. Mr. Hickok stated he believed there was discussion of park fees in. 1965. As far as payment, he believed they were waived in 1965 for the lot that was created. In creating a new lot now, the park dedication fee would be required because this is a new lot according to our records. Mr. Oquist asked if there was a statute of limitations if this is approved and not filed that the approval is then removed. Mr. Hickok stated there is a limitation, but he did not know the specific time. Mr. Oquist stated, in order to get this cleared up and get the lot split taken care of, he would be in favor of leaving the accessory buildings with the stipulation they cannot be lived in, but the 3.19 PLANNING COMMISSION MEETING, SEPTEMBER 21,. 1994. PAGE 21 other stipulations need to be adhered to in order to make sure we don't come back and go through this again in the future. Mr. John Tiller stated he would like to waive the survey because it was surveyed for the earlier lot split. Mr. Dave Tiller stated he built a house in 1963 and they did a survey at that time. There is a survey from 1964. Mr. Hickok stated the 1964 survey was in the City's files as well. Staff believes the action in 1964 was based on that survey. That survey showed up again in the materials from 1964 request when there was the subdivision of the north and south half. He believed that survey was done initially to show the future- subdivision; therefore, action was taken in 1964 and 1965. Had that s�rvey stood, they would not have come back in 1987. Mr. Newman asked if�this survey accurately reflects the current request. Mr. Hickok stated it does not. When the southern portion was subdivided, the lot line would shift. Staff would really like to verify where the lot Iines are in this subdivision. Mr. Newman stated there are going to be costs involved and there will be a mechanism by which to pay for the survey and the park fees. Mr. Oquist asked how much time is allowed. Mr. Newman stated that goes for the argument for three years rather than one. MOTION by Mr. Oquist, seconded by Mr. Kondrick, to approve Lot Split, LS #94-14, by John Tiller, to split Lot 20, Auditor's Subdivision No. 92 into two parcels: Parcel A- That part of the south half of that part of Lot 2�, Auditor's Subdivision No. 92, Anoka County, Minnesota, which lies north of the south 178 feet of said Lot 20, except the westerly 20 feet. Parcel B- That part of the south 178 feet of said Lot 20 lying west of the east 75 feet of said Lot 20. This property is generally located at 1535 Gardena Avenue N.E. with the following stipulations: 1. Staff recommends approval of a variance to the lot wid�h requirement of 75 feet to allow the creation of this 74.51 foot wide lot. 3.20 PLANNING COMMISSION MEETING, SEPTEMBER 21. 1994 PAGE 22 2. ,A verification survey will be required to determine setback distances. 3. All accessory buildings shall be permitted to remain on the newly-created lot but shall not be occupied. 4. Lot split #94-05 shall be recorded by October 3, 1997, or when the property is sold, whichever occurs first. 5. A park dedication fee of $750.00 shall be paid prior to issuance of a building permit for this parcel. 6. The property owner shall be responsible for the installation of separate sewer and water to accommodate a new residence on the newly�created lot. 7. A 20 foot utility easement shall be dedicated, across the Oakwood Manor (west) end of the newly created lot and the lot at the corner of Oakwood Manor and Gardena Street, adjacent to the right-of-way. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANZMOUSLY. Ms. McPherson stated the Cit}� Council would review this request at their meeting of October 3rd. 5. PRESENTATION BY DESIGN CONSULTANTS ON THE SOUTHWEST 4UADRANT Ms. Dacy stated she would like the Commission to discuss with the consultants the general elements of what they would like.to see on the site plan for the Southwest Quadrant. At the next meeting, the consultants will come back after incorporating the ideas irom tonight and talk about the next phase which includes the exterior design. ' Ms. O'Connell, Site Planner, stated they have for the site are three diverse concept plans which were created in response to City direction and with the intent to create discussion. These are not final plans. Tonight, she and Mr. Carlson will listen, gather information and facilitate discussion about the plans. They have visited the site, looked at aerial photos, read the reports on housing, reviewed park and trail plans, looked at adjacent property values, etc. To achieve this discussion after the Commission has seen the plans, she will show a matrix of site plan issues and elements. Right now they wi11 be looking at the outdoor spacial elements - arrangement of the buildings, landscaping and berming combined with the architecture to create a sense of place. The Commission will not be looking specifically at architectural elements, but rather whether the construction would be tawnhouses or villas, one or two story, etc. She reviewed the site as it currently exists including topographical information. They have 3.21 PLANNING COMMISSION MEETING, SEPTEMBER 21, 1994 PAGE 23 been asked to look at 10 acres. At this time, the plans do not directly show the 4 acres with the apartments as.being part of the site but they will address how the site could be expanded. Ms. Dacy stated there are currently buildings on the 10-acre site which will be razed. Mr. Kondrick asked what effect the apartments would have on the overall property in terms of the final cost of the units. Ms. Dacy stated this is an issue the HRA will decide. Something will be done at the apartments in combination with the development. Ms. O'Corinell stated, when reviewing the site plans, they were also asked to achieve a density of 100 units. Ms. O'Connell reviewed Plan A. This plan has a 50-foot setback along Mississippi and University for a berm 7-8 feet high as a sound barrier. It does not need to be continuous. There is also a sound wall. The density of this plan is 102 units. The , buildings are mostly two story with villa-type units. One-story units will decrease the density., The open space is broken up by clusters of buildings. The plan can be modified for additional acres if they are added. Third Avenue bisects thE development and ope� onto Mississippi across from the shopping center. The neighborhood wants access to Mississippi. _ Ms. O'Connell stated Plan B consists of two-story�;,attached townYiouses. The road goes around the outside of the site. There is a berm along Mississippi and along University. This plan has a pedestrian walkway to allow walking from one corner of the site to another without crossing the street. The�density is 91 units.. This plan allows for a private backyard that could be fenced in. This plan could also accommodate expansion if the apar,tment site were to be added in the future. Ms. 0'Connell stated Plan C is situated in such a way that the houses are oriented toward a center "village green" area. The road in this plan bisects the site. The units would be townhouse units and can be one or two story. The density as presented is 102 units. In this plan, there is less setback to the street and they recommend a sound wall along Mississippi. The idea of the village green is to add distance between the houses. This is a public space in the center of the units. Mr. Oquist asked if they had taken readings an the property to see what the noise levels actually are. Ms. O'Connell stated they have not. They have noise consultants in a subcontract arrangement, have talked with them to do get accurate readings which is an additional cost beyond the scope of this contract. 3.22 - PLANNING COMMISSION MEETING, SEPTEMBER 21, 1994 PAGE 24 Mr. Kondrick stated Prior Lake and Eden Prairie are looking at a gate community. What if we walled this is? What happens to it? Does that make it more exclusive? Mr. Oquist thought this would isolate the area. Mr. Newman stated gates at the entrance would restrict vehicular traffic. They can put gates within the property. ' Mr. Carlson stated the units are intended to be owner occupied. The best way to keep the value up is for private ownership. Each unit should be owned and each neighborhood owned so there is a sense of community. Mr. Oquist asked the rationale for the density of 100 units. Ms. Dacy stated this was recommended to see what could go on the site and to see what could be expected for the tax increment costs This is one of the last sites that could take on a higher density. Mr. Oquist stated he was concerned about traffic for that amount of density. Mr. Saba stated access across Mississippi and University Eor seniors is a problem. They are afraid to cross there even with tY�e lights. Is it feasible to,construct a ramp over the streets? Ms. O'Conneli stated the plan shows access to the bus stop. The down side of a ramp is to maneuver it above the trucks. The berms. would help achieve some of the height. Mr. Kondrick stated they have not discussed a separate building for seniors. Ms. O'Connell stated their direction was to look at owner occupied townhomes. Ms. O'Connell asked for comments regarding Housing� Type and Density. Mr. Saba stated he did not like the villa type homes. There were too many common walls. He had no preference of one or two story but felt there should be a mixture. He liked the open space on Plan B with the trail and vegetation. Mr. Kondrick stated he liked the idea of having 2/3 of the units two story and 1/2 one story. He liked Plan B better because there is less density, more green space, and the buffer is wider. Mr. Newman stated, if these units are for empty nesters and senior citizens, he would recommend units with a main floor master 3.23 PLANNING COMMISSION MEETING, 3EPTEMBER 21� 1994 . PAGE 25 bedroom. With that, the units could all be two story without a mixture. The villa-type construction would be lower priced. Ms. Savage stated she did not like the idea of condos for aesthetic reasons. She also liked Plan B. She thought Plan C looked cluttered. Mr. Oquist agreed that he did not think villas or condos belonged there. He liked Plan B with the walkway through the site. He also thought Plan C could be very attractive if done right. He prefers Plan B having two-story units with a master bedroom on the main floor. Ms. O'Connell as�ked for comments regarding Access. The site has two possible entrances from Mississippi - one across from the shopping center and �he other near the residential� area at 2nd Avenue. The co�sensus of the Commission is the 2nd Avenue access is preferred. Ms. O'Connell asked if they preferred a collector road or a buffer between the other land uses. Mr. Saba stated he likes the road on Plan B because it provides both - transition and buffer. Mr. Newman stated he liked Plan C with the village greens. He thought this more important than the transition road. However, traffic is less direct and should not be as high speed on P1an B. Ms. Savage stated she like B and also had interest in C. Mr. Carlson stated they could'put the road around the outside of the complex and, with the village green concept, provide access along the west side of the site. Ms. O'Connell asked for comments regarding Open Space. Mr. Oquist stated some plans show more detail. On other plans, will there be more trees than what is currently shown. Ms. O'Connell stated yes. Ms. Savage stated she liked the village green concept arid also the pedestrian trail. Mr. Saba stated he liked the pedestrian trail with the vegetation. Mr. Oquist and Mr. Kondrick liked P1ans B and C. 3.24 PLANNING COMMISSION MEETING, SEPTEMBER 21, 1994 PAGE 26 Mr. Newman liked Plan C with the village greens and having the road moved to the perimeter. The circular roads into the development could be one-way. Ms. O'Connell stated she could see where, using the village green concept, people would actually walk around the road. On Plan B, it is less visual. Mr. Oquist stated the pedestrian connection would be enhanced if it were connected to the bikeway/walkway system. Mr. Newman stated, if on Plan C they did an exterior roadway, they could change the circular drive to have only one access off the through street. Mr. Oquist stated having more of a curve would slow traffic. Ms. O'Conneil asked for comments regarding Buffers. Mr. Kondrick stated buffers would be a must for C. Ms. Savage and Mr. Saba did not like the idea of walls. They preferred berms and the road being used as a buffer. Mr. Saba stated he was not opposed to an entry. Mr. Oquist stated he was not sure they needed anything from a sound standpoint. He agreed there is a need to separate those:�backyards that abut Mississippi and University perhaps with a fence. . Ms. O'Connell stated she thought the area was quite noisy. From the rear of the property, the noise is less. Mr, Carlson stated it is possible to use a road with garages as a buffer. He was not sure how that would look. Mr. Kondrick stated he is concerned with noise on both Mississippi and University. Mr. Oquist stated he lives near I-694 and hears more noise from the highway with the sound wall than before. Mr. Newman stated he had no problem with a f�nce. There are ways to put up a fence that would be attractive. He wants the development to have a sense of exclusivity. A fence could be a benefit. University Avenue needs a fence. Along Mississippi, they could use vegetation. We need a way to delineate. Ms. O'Connell asked for comments on the View/Image from Mississippi and University. Mr. Newman stated, in one word, prestige. There are a host of ways to do this, but he thought it would require heavy landscaping. 3.25 PLANNING COMMISSION MEETING, SEPTEMBER 21. 1994 PAGE 27 .. Mr. Kondrick agreed. A wall is necessary just as in other exclusive areas. It does not need to be completely enelosed except along the major thoroughfare. For those properties that are against the road, it make them more saleable and more secure. Mr. Oquist thought a wall gives the feeling that others should stay out and it isolates the area from the community. Ms. Savage stated she is concerned about the development. It is to add to the attractiveness of Fridley and to University Avenue. She wants it to look attractive when driving by and she did not want it to be walled off. She thought the site should look good. Mr. Saba stated he would like to see the design of what is•put in this development carried out all the way to Holiday. Ms. O'Connell stated she would be surprised if .the City would approve a wall_or fence over six feet. A berm could be higher but ' requires more room. It is possible to do a combination. Mr. Oquist stated a berm with a small wall on top would not be as objectionable to him as just a wall. Along University, he woul.d like to see more vegetation. Ms. Savage stated her main concern is aesthetics. Ms. O'Connell stated using a wall allows for a smaller setback.� Ms. Savage stated her personal choice would be to have a wider setback. The Commission members agreed. - Ms. O'Connell asked for comments regarding the Connection to the Neighborhood to the south. � Mr. Saba stated there is also industry to the west and also the railroad tracks. Mr. Oquist thought the traffic should flow somewhat into .the neighborhood. It has to blend into the neighborhood. There must be some continuity. The consensus was to have a transition into the neighborhood. Mr. Saba asked if tk�ere was a way to put green areas along the roadway. Not only does there need to be a transition, but there also needs to be a buffer. Mr. Oquist stated, if the apartments are to stay, there will need to be something there to screen the site from the apartments. He 3.26 PLANNING COMMISSION MEETING, SEPTEMBER 21, 1994 PAGE 28 would not want to look at garages. Without the apartments, they could put in a transition area. Ms. O'Connell stated, at a minimum, the HRA will spend some money on the apartments to upgrade. Mr. Oquist stated, even so, they will still have the back of the garages there. Mr. Saba stated he would be concerned about the people living there and if there would be vandalism. Mr. Newman stated at University and Mississippi you want to pull people in�, have access to the park to the south and tie into the . bikeway/walkway system. Ms. O'Connell asked for comments on Site Amenities, such as lighting, fencing, benches along the pedestrian. walkway, entry monuments, etc. Mr. Saba stated there has been discussion to improve the Unive�sity . corridor with monuments to identify Fridley. He likes the idea and thought this may be the place to start. Mr. Kondrick stated he had a feeling some .don't want to be exclusive. He suggested globe lights and having.this be a special place. Ms. Savage stated lighting is important. She would like to see examples of entry monuments. They must be tasteful. Mr. Newman stated he thought the amenities would depend on the design. Ms. O'Connell asked for comments about Expansion or'ties into the additional four acres. Did they prefer access into the open space system? The Commission consensus was that they felt including the four acres was important. Mr. Newman stated that is dependent on the decision of the HRA. Mr. Oquist stated the apartments could be upgraded and used for senior housing. That could be done if the buildings were rehabbed and work the landscaping together into that area as well. Ms. Dacy stated that option is being evaluated. It comes down to a cost issue and a policy issue as to whether to acquire buildings that are in fair cond�ition as opposed to buildings in the City that are in worse condition. The four acres would add more flexibility but that decision is up to the City Council and HRA. 3.27 PLANNING COMMISSION MEETING, SEPTEMBER 21, 1994 PAGE 29 Mr. Carlson asked Commission members to call him and/or Ms. O'Connell if they had any additional comments. ADJOURNMENT MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE SEPTEMBER 21, 1994, PLANNING COMMISSION MEETING ADJOURNED AT 11:17 P.M. Respectfully submitted, � E (j,4��`"`� °Q Lavonn Cooper Recording Secretary 3.28 S I G N— IN S H� E T PLANNING COMMISSION MEETING, _Sentember 21, �994 - -- `. 3.29 I _ � DATE: TO: FROM: RE: � � :. Cornmunity Development Department � PLANNI]�TG DIVISION City of Fridley September 28, 1994 ,Q, � l, William Burns, City Manager m Barb Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Special Use Permit Request, SP #94-12 by Monte and Michelle Maher, 7965 Riverview Terrace NE The Planning Commission reviewed the Special Use Permit request to allow construction of an addition to a dwelling located in the flood.fringe district at its September 21, 1994 meeting. The Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: - 1. 2. � The Petitioner shall submit an elevation certificate prior to the foundation being capped which shall verifg th�t the minimum first floor elevation is 824.00. The Petitioner shall submit a grading and drainage plan prior to the issuance of a building permit. The Petitioner shall dedicate a 15 foot flood control and street easement along the Riverview Terrace property line. The City typically requires a hold harmless agreement be executed and recorded against the property in addition to the Speciai Use Permit. Staff recommends that the City Council approve the request with the above stipulations as well as: 4. The Petitioner shall execute and record against the property a hold harmless agreement indemnifying the City from liability as a result of flood damage. MM:da M-94-572 e � S TAFF REP O RT Community Development Department Appeals Commission Date Planning Commission Date : City Council Date October 3, APPLICATION NUMBER: Special Use Permit Request, SP #94-12 PETITIONER: Monte and Michelle Maher LOCATION• 7965 Riverview Terrace N.E. REOUEST- The petitioner requests that a special use permit be issued to allow construction of an addition to a single family dwelling unit in the flood fringe district. The subject dwelling is located at the northeast corner of the intersection of Riverview Terrace and Cheryl Street. ;.. BACRGROIIND The petitioner is proposing to construct a 26' x 40' addition to . the rear of the dwelling unit. The proposed addition will be.30 feet from the rear lot line. The petitioner applied for a variance to reduce the rear yard setback from 40 feet to 30 feet. The Appeals Commission at its August 23, 1994 meeting reviewed the variance request and unanimously approved it. ANALYSIS The proposed addition will contain three bedrooms and a bath, and will be one story in height. The existing dwelling unit is 1-1/2 stories. Section 205.024.05.A of the O-1 district regulations require that the first floor elevation of all habitable living spaces is to be a minimum of one foot above the 100 year flood elevation. The 1OO year flood elevation for the subject parcel is 823.00. Therefore, the first floor elevation must be 824.00: An elevation certificate will be required to be submitted prior to the foundatian of the addition being capped. Basements are not permitted in the flood fringe district, however, a crawl space may be constructed. 3.31 1994 I Staff Report SP #94-12, Monte Maher Page 2 � Staff reviewed the elevation certificate for 7995 Riverview Terrace, which included the first floor elevation of the petitioner's dwelling; 821.8 feet. The petitioner's addition will need to be 2.2 feet above the existing first floor. **Stipulation** The petitioner shall submit an elevation certificate prior to the foundatioa beinq capped, which shall verify that the minimum first floor elevation is 824.00. The O-1 district regulations also require that any fill needed to elevate the addition to meet the 100 year flood elevation requirement extend a minimum.of 15 feet from the proposed addition. The addition of any fill needed will change the existing grading and drainage patterns. The petitioner�will be• required to submit a proposed grading plan prior to the issuance of a building permit for staff review to insure that the altered topography will not adversely affect the surrounding parcels, and to insure that erosion is controlled. . **Stipulation** The petitioner shall submit a qradinq/ drainage and erosion control plan prior to the issuance of a buildinq permit. Riverview Terrace is proposed to be upgraded in the�future, and is also used for flood control measures. The Engineering Department has requested a 15 foot flood control and street easement along the east side of Riverview Terrace. **Stipulation** The petitioner shall dedicate a 15 foot flood control and street easement alonq the Riverview Terrace property line. � RECOMMENDATION/STIPULATIONS Staff recommends the Planning Commission recommend approval of the request to the City Council with the following stipulations: l. 2. 3. The petitioner shall submit an elevation certificate prior to the foundation being capped, which shall verify that the minimum first floor elevation is 824.00. The petitioner shall submit a grading and drainage plan prior to the issuance of a building permit. The petitioner shall dedicate a 15 foot fiood control and street easement along the Riverview Terrace property line. 3.32 Staff Report SP #94-12, Monte Maher Page 3 PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City council with the stipulations as recommended. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 3.33 , � . � • � � . :�i�� ••; �. � �� :l�tK� � ��_•' • � �� . , .�• . • � '�� % � ''��• �' iiii ' : � � � . � �• ��• r � �� •• 1� � �a r, � �'' ' ` ' !ii.�� !�'.,�,�� r �.� �� 5 ��G'i :� .� t ; - . • , .::■ • ■��► ■�� ■■..- � . �.,'' � ��` . �� , � '�', • . � � �r � . , � • �1�g'�'� ° _� / or . -� l�/ . - .� v ' �' _ jr � .� �' , � �► . ' ie / . !��p.tn�" ; • •,,� 4 • �i T . . �••y — r . �.o►�� 7' �• f' � � � 7 � . � � �I � .� � • �� . � •V� r� � � � � • � � CITY 7l'IOMPSON� RlI�ERV/EW NE/GNTS� ■ . , �,,:�},�," .� � � �� '�;i.��r�.�. ,. �� ';,,�.�.� , r -s ; .• D � � / ` i SPR{t� 8R 00� � � � � � � x �� -i �,. � �.r-- �' T ;<x �,- y(-� � �s�'. �� L • �' � , � � ! ' � � *' �� y �i .� � � � �� ; �, . = ; ;. �� k - � : �� t; � :: �y.�T; .�. �� '' -."-'"a' ` , - � • �q:r .f ;y{•'�"l. -..� O� 'l��. ��:� ��BB �� ■:I�IKoiI. �.�Y�:7 �� -" '* . ��' ' • , / ,•.r�a: /� ,=�.j� `►/► ��—� '1�L `I ^ / �I:= i 1 �� ' ,t SP #�94-12 [onte Maher � Q��`��,7�� {� `� �'� � � ,:;� q � ,�:� � � S : �� ",� ��' � � � � �� £ �; �~,, t�,� " i"� �`'� `� ` � �'' � :� � .� � � !J �� :� : � .� '„� � .� � �� j -°, .4,��t� ,;, . , _ : �`. ; ^� a � � � '., ^ � : .: , - ;; �iii. � ��. ,-�� = �� .��'%� �� :� •� v'� � =�b4�IV��"� '!O!i �� % ��' , - � � i�,� • .�. � . �► . � �� _ �i� - `'\• i � _ . ,i , ,Z � • ,`� • �� • • � � T � ti �� •� � � � . � `' ,, � � � � � � � , L 1 �/ � � � 4 � ,� • i . � • .1 . •.. Rl V ER�'1� W '1 i , '°� ,, ��-• `� g : -. :�'k_..'• ,_s . _ HEIGN T� ' . � \ rL 1;�. ' DISTRICT LEGENO I � 1 ♦ 11-1 ONE fAYiLI' OWG'S ❑ Y-1 U6MT /NOUSTp�J�I � -' ' \' �� •.j 11-5 TWp pAYll1 DWG'S � ' a M-2 NEAVY INOUSTRI�1( � �� \\ \ -F W:•_ r I 11-i 6EN. YUITIPLE OWG'i � �VD PIANNEO UNIT OEV. � j �l' �\ � ,�� ' Ih! YOfILE NOME PJ�pK � s-� NtDE P11BK ME16MB011N000 . ❑ � o.. - ' � . /� . - . � �\\ � � �� • •UBUC FAGUr1E8 � S-t NEOEVEIOPYENT OIETRICT � \� � ( C-1 LOCAt tUSINE55 � O-1 CqEEK a 111VEN /NESEIIYATION � � N `�� O� `^� \ C-S QEMERAI eUSINESS � O-2 Cp�TICA� ANEA � I ,\ � C-� OENERAI iNOMiNG � � ,�\ . � I - ' C-117 OENEIIAL OPfICE V11C11TE0 fTqEETS � � �I 3.35 ZONING MAP` I ; _ � } b Y. , 3 f'. �r :- � 3 3.36 SP ��94-12 Monte Maher W r.l� a � � 0 � .� 0 z 1� ��=1� , , , „ �� ..�� . -z � . �� :;,. ,� StTE PLAN _ ., . . D�'y, �- ��'-_ , � _` �"�--__ I �- - i � _ _ - -_, � + ,' ZONE �� G , ;� ;� ; ; � '` +I ' . . 1 i� ,i 1 � �I � ' i' ' � ' � �`-__` � i : � ._.".'_-' , �'I � ; _� � 1 � i ' --_�_ . - - - �--� i � SP ��94-12 Monte Maher �> ZONE C ;z '3 i �� ' '•� i ; � ; , ��,. "\ `. � �% � R M 14 �' ��\ i� - . . . / ,� � FLOOD ZONE MAP � � � J DATE: TO: FROM: RE: � � � .. Community Development Departmen� PLANNING DIVISION City of Fridley September 28, 1994 William Burns, City Manager Barb Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Special Use Permit Request, SP #94-13 by John Rice, Jr., 8041 Riverview Terrace NE The Planning Commission reviewed the Special Use Permit Request, SP #94-13 at its September 21, 1994 meeting. The request is in two parts: 1. 2. To allow construction of a second accessory structure. To allow construction of an accessory structure in the flood fringe district. . The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. 2. 3. The Petitioner shall provide a hardsurface driveway by October 3, 1995. The structure shall be architecturally compatible with the existing dwelling. The accessory structure shall be floodproofed in accordance with current regulations. 4. The Petitioner shall execute and-record against the property a hold harmless agreement indemnifying the City from liability should flood damage to the structure occur. 5. The Petitioner shall dedieate an 11 foot flood control street and utility easement along the west property line. Staff recommends that the City Council concur with the Planning Commission action. M-94-574 S TAFF REP O RT Community Development Department Appeals Commission Date Pianning Commission Date : September 2 1, 1994 City Council Date October 3, 1994 APPLICATION NUMBER: Special Use Permit, SP #94-13 PETITIONER- John Rice, Jr. LOCATION• 8041 Riverview Terrace N.E., which is located at the cbrner of Riverview Terrace and Ely Street. REQUEST• To allow construction of a second accessory structure, 26' x 30', and also to allow the construction of an accessory structure in the flood fringe (CRP-2) district. BACRGROUND• The petitioner also applied for a variance in order to reduce the setback of the proposed accessory structure from 30 feet to 19 feet from the side stre+et. The Appeals Commission reviewed the request at its September 13, 1994 meeting. The Commission voted. unanimously to approve the request. Approval of the special use permit request sYiould be conditioned on approval of variance request, VAR #94-23. **Stipulation** Variance request, VAR #94-23, sha11 be approved. ANALYSIS: Second Accessory Structure The proposed accessory structure measures 26' x 30'. The petitioner intends to store vehicles and miscellaneous items within the structure. A hardsurface driveway will be required since vehicles are to be stored in the structure. Typically, the City requires that the structure be architecturally compatible with the existing dwelling. With the exception of the variance request to reduce the setback from the side street, the proposed request meets the,remaining ordinance requirements regarding 3.39 Staff Report John Rice, SP #94-13 Page 2 setbacks and lot coverage. **Stipulation** **Stipulation** The petitioner shall provide a hardsurface driveway by October 3, 1995. The structure shall be architecturally compatible with the existinq dwelling. Flood Fringe (CRP-2) District Accessory structures are permitted in the flood fringe distr�ct if a speciai use permit is issued. They are also permitted to be constructed below the regulatory.flood elevation if they are properly f-lood-proofed in accordance with the current applicable codes to the regulatory flood elevation.. . **Stipulation** The accessory structure shall be flood- proofed in accordance with current regulations. The City typically requires the petitioner to execute and record and record against the property a hold-harmless agreement which will indemnify the City from liability should damage occur as a result of the issuance of a special use permit and construction in the flood fringe district. **Stipulation** The �etitioner shall execute and record against the property a hold-harmless agreement indentnifying the City from liability should flood damage to the structure occur. ' Riverview Terrace is currently used as a flood control structure.. It is anticipated that Riverview Terrace will receive Minnesota State Aid status and will be reconstructed in the near future. The Engineering Department has requested an 11 foot Elood control, street, and utility easement be dedicated adjacent to the existing right-of-way line of Riverview Terrace. In 1960, the City condemned a four foot easement alcmg the westerly property line to construct Riverview Terrace. The petitioner should submit a current property survey indicating the condemned easement as well as the additional 11 foot flood control s.treet_ and utility easement. **Stipulation** The petitioner shall dedicate an 11 foot flood control street and utility easement along the west property line. 3.40 Staff Report John Rice, SP #94-13 Page 3 **Stipulation** The petitioner shall submit a current property survey showing the existinq condemnation area, as well as the requested 11 foot flood aontrol street and utility easement. RECOMMENDATIONISTIPULATIONS: As the request does not adversely impact adjacent properties, staff recommends that the Planning Commission recommend approval of the request to the City Council with the following stipulations: 1. Variance request, VAR #94-23, shall be approved� 2. The petitioner shall provide a hardsurface driveway by October 3, 1995. 3. The structure sha�ll be architecturally compatible with the existing dwelling. 4. The accessory structure shall be flood-proofed in accordance with current regulations. 5. The petitioner shall execute and record against the property a hold-harmless agreement indemnifying the City from liability should flood damage to the structure occur. 6. The petitioner shall dedicate an 11 foot flood control st'reet and utility easement along the west property line. 7. The petitioner shall submit a current property survey showing the existing condemnation area, as well as the requested 11 foot flood control street and utility easement. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council. The Commission voted to delete Stipulations #1 and #7. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission Action. 3.41 � � i • � c� ! ` jy � _ ,� � C j� 3 � •� ;3 '.\ z9 . � e8� � • �27 - 2� y;�� -�-1 f e : � ,- � t� . , ,ss ' 'i � �� ,-,. ; ; i _ ��. •-, '� , 1 � � .f�i e. i � r i . . SITE , �� . �.s � , 0 � L � �- �. ; L ; � '`. ' T- N deo�_ ' .�� r � � � . � � SP ��94-13 John Rice, Jr. :� 3 � � . � f° t° �^ � �� 3� - ZS r" _ �! � Z a� .a�� ,, z a .; 1 �43 , � �■ � � ' � -� � '° �� - � �,, � �j ' - - �� (: , - 3. _•_ =j9 ,i _ . � z� �� $ 30 t i , 1� '3 ° - 3� 3� �� " % � t � f . ' 23• 4 S`: � � 0 rL2-, I LS� 2+ � Y 3. j° 8 � `' -�e 3° , ZC� += fj � _ . i 9 *- . 3 L !8 - 1. 3� ;• � . _ � �- . _ ss G - �': ,,, a - � � ,r '� t =� ` `` �� r„ O '�` � ��E' � w; • •► � � �9 ° - � �Z '3 Q I 3e i�. %, � - � is . . �� e p a � _ - � - P �Is £��4 3 t .� , lS�� s J� � $ 7_ G� ;♦ �- � ry> 13t2 •, 9 .�. - . o �- � �l� lt o� s O f 3 s � �� , p► ~ t i i i- �� 2� '' =� � � 19 � � '� ° .o � • � i .� J� :S -- � ;Ze . -� A C M � � / ___�7� � ' .. .r .. .�_ ! �.42 LOCATION MAP ; r� ❑� SP ��94-13 -- - John Rice, Jr. . . . . . : .4,�. � i . ,�' . � � . ' .. • � CITY , ._ _ OF � Ti�OMPSON � I R/VERV/EW i HE/GH'TS Q . r + -fA �. � . ' , v � `1 i 22 1j � , P j��s, � ' �A ',� i � � IRONTON EET �i � n I2a � C� �1� i 6 R�► (. a � u i O � Q _ �� . SPRIt�, � �ea,� '. , °� BPROOK � � , � R�I � ' e A �. ; f � / B •' $ s!'�' . � � ± T +y+ i a �� GI.ENC� i s k +°+. j c: ,, . j � PARK s � s r- , ., . . � T5 � ,. . � _. ' : R — � _ 4.. : �,: , ; , C � , '' + ., r N � , �. ; �M +�. . , � , + + �:� �e � �� ` � -9 : K 4 .� ,. �. � � 1 • , / s, �r.� .S ? l� sr .:� <'� ``'. �� V =, ' ,i, LY.-CR � -_ - 'ELY �SIT�� -�� • � � �� s .. i '.� ., v 8 R� ra .� T� . 1 I � � � 4 � , � � � ` �; - 41BER . � �� l � ' �� . � `' /` �� LONGF � ^ � • � K �, , � � � `' y � ' � � • • �,. . • • ` , • �, • • • �_ _ '• , . , ''- :4•♦ R I V E R �f} E W _\ � � `� �`�'"'-i • � . �� hEIGN TS . � �� '% '!� `. v � `�::: ' � . k F, , � .. .. ` . �-`. " • • ' •,�_ Q ti • � � � TDISTRICT LEGEtJD � R-1 ONE FAMILY DwG'S' ❑ Y-7 LIGMT INOUBTRIAI � NN-2 iw0 FIMILY DWG'S � M-i XEAVY INDUSTq1AL � . R-9 GEN. YULTIVLE DWG'S � PUO V<11NNE0 UNfT DEV. � R-4 M081LE NOME PApK � 5-1 NYDE VARI( NEIGHBORHO00 Q V VUBUC FACILITIES � l�' � S-2 NEOEYELOPMENT D18TRfCT � . C-1 LOCAI BUSINE55 0 O-1 CNEEN i NIVEq VRESERVATION � C-3 GENEAaI BUSINESS � O-2 CRIT1CAl AREA � ' C�3 6ENEN1IL SHOVVING � � - � C-R1 6ENENAI OFFICE 0 VAChTED STPEETS �J .43 ZONING MAP' I COUNTY SU(iV[Yti \POLtc SURVEYS \LM STREET N W Irrscr 4�7853 OWHEw nrw� - �uoic�� - TOPOGRAPHICAI, 7T5 - PLA7TING Rundle • � 1 �1 ND S�,'H �`E l'"UXS REGtsT[RGO UNOlq LAWS Of •TAiE Of MINNESOTA - � LICENYiO 9Y OROINANC[ OF CI7Y OF MINNEAPOl.�S 326 PLYMOUTH BUILOING FEoewn� H•A721 HENNEPIN AT SIXTH • MINNEAPOl.tS 3. MtNIVE50TA sir�irbepor'� �ertificatc 11� p� `•�''°a' ��A.7, c�\a� �9� . � � � �' _ ,. , � Q� '� o � N N ] N /1 � � � / �� SP ��94-13 John Rice, Jr. ae�wul�e.�cV ��e C. F. SANDHOFF CIVII ENGINEER C574BLISHCO 100� Jan�ES NELSON SVRVEYOR csr+e��s.ico �o:i METROPOLITAN LAN� SURVEI'ORS, tsTwaL�sH[D �ae� 2OItQZ W5�2U „ ` � Oe�o�es irOh ;y i- ;'� i � � �� / � � � �'' � � � � �� G � � '• a , � �, �� .\ �`-� � •. < . ' . o � . .' \ � %c �. —�.o �•. � � • i� �- � � o ,� fV�" \` . ��\ �.• � ��_ fi � / _ � ♦�� ♦� � 35, i � aY �_, � h �g' �� .� .. . � � � � � �� .�+^ -' i f¢a �� .��_; `� ;�, r � _tq �> �y � � } f b �� :i �� r •� �� t ` ,°� �l=, � ��.z� �.. ��. f� � O a Scale: 1��= 3 � . �� '�5' ees �� . P�e �� RE � �� F_� S-� � - , ��S°`�� _ .:�_:, � . hereby cez�ify that this is a trua and correc� represer.tation of a sUxv�ey � �' the bound�sies of: - I,ots 19, 20, .21 and 22, B'_oc�: U, Riverview Hoi.�hts, 11.nolca Ccrunty; . , . Mirulesota:� ;' . . . . � ;:,: - �. - - . - . �,::� ;:�'�; • .,.; �- . . _ � �: . > ;.t -• •. ; ' . . : � � •��•. nd, o�i'��.ti� �.location of��,�a11 tn�ildibgs j if ar�y, tharson� and,�a11 :vl.sibl.e�:�encrqach' y.�•, � ��,..,. ,a ' - �� '-t � '" - '�• ?itiori�'ijf � a �px:opose � ,��;o-,a�`*'': 3rits s'� �� ?�Y, . ;�roin:°•br.; �on ' s a3.ci .1�c1: It also s�,o�r�'- t21a �.floe . . . . d ..bu�'=ho � stakes --hav�e been � aat �or� �sucii � loca�i�on: ��' A� � surre b ` 2ne ,,this` �'�T? ��s.ia�� .. :��1,.�:: . � ,y ,��, � -� ��=�,;R 1� �day. of Haroh � 1959: � . " ;^ ', .' : ., c* ,' �r � �. .. , .,, .. 1 ,., • , . : ,, 'y�- , . � ' .:�r.: y;F%i'� s ♦i� � i �C t � � j .�O(�' .�. `_ ., ' � ti ri.�t � , :��5�^i ',t.� r � '-f-,^�,'v`y N�' � �� cS�. f� v� t a. , t � Y ! / i `. Y...... ..��f:� `�,Sr s.$t�...:�..._.�,� . .' � .. 'Q�!�'�*... ��. !t;;5 i,ti��ii�i�'4 ._ .. .�_ . . SITE P�AN .. . � i ti� `�. �\ \ L K Y v J3 g w p� m i t� W Z O � N d m � W Z � c--�_ N c, E�J� 5, W N � a W � F ql RM�NT NI � � � SP ��94-13 John Rice, Jr. :. , 'I i _ -, _ _ _ _-��_- - ' � _Z .. Q J � \\ �� 3.45 FLC�4D ZONE MAP . . ,, • DATE: TO: FROM: RE: C� �� _� � 4��,� 'V 1.• Community Development Departm�nt PLA►NNING DIVISION City of Fridley September 28, 1994 William W. Burns, City Manager Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Resolution For Lot Split #94-05, Bailey Tiller, 1535 Gardena Avenue � Bailey Tiller owns property at the northeast corner of Gardena Avenue NE and Oakwood Manor. Mr. Tiller has requested a lot split to create a single family lot between the properties addressed as 1535 Gardena Avenue and 5925 Oakwood Manor. Though Mr. Tiller believes this lot split has been completed in 1987, a discrepancy in the legal description has caused a need for further consideration. The Planning Commission recommended approval with seven (7) stipulations: l. 2. 3. 4. 5. 6. Approval of a variance to the lot width requirement of 75 feet to allow the creation of this 74.51 foot wide lot. A verification survey will be required to determine setback distances. All accessory structures may continue to exist, but shall not be occupied. Lot Split #94-05 shall be recorded by October 3, 1997, or prior to transfer of ownership, whichever occurs First. A park dedication fee of $750.00 shall be paid prior to the issuance of a building permit for this parcel. The property owner shall be responsible for the installation of separate sewer and water to accommodate a new residence on the newly created lots. 7. A 20 foot utility easement shall be dedicated across the Oakwood Manor (west) end of the newly created lot, and the lot at the corner of Oakwood Manor and Gardena Street, adjacent to the right-of-way. 3.46 William W. Burns September 28, 1994 Page 2 City Council Recommendation: Staff recommends that the City Council concur with the Planning Commission action. SH : da • C-94-581 3.47 8 - � RESOLOTION NO. - 1994 RESOLIITION APPROVING A SIIBDIVISION, LOT BPLIT, L.S. �94-05, TO SPLIT ONE PROPERTY INTO TWO SEPARATE PARCELS, GENERALLY LOCATED AT 1535 GARDENA AVENUE N.E. WHEREAS, the City Council approved a lot split at the October 3, 1994 meeting, with stiRulations, survey, and proposed lot division map attached as Exhibit A; and WHEREAS, such approval was to split one property into two separate lots as follows: Parcel A: The south one-half of that part of Lot 29, Auditor's subdivision No. 92 in Anoka County, Minnesota, which lies North of the South 178 feet of said Lot 20, except the westerly 20 feet of that part of said Lot 20 above described. Parcel B: The South 1'78 feet of Lot 20, Auditor's Subdivision no. 92, Anoka County, Minnesota, Except the East 75 feet thereof. These properties are generally located at 1535 Gardena Avenue N.E. WHEREAS, the City has received the required Certificate'�of Survey from the owner; and WHEREAS, such approval will create two separate parcels. NOW THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within,six months of this approval or else such approval shall be hull and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19TH DAY OF SEPTEMBER, 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Resolution No. - 1994 3.48 � WILLIAM J. NEE - MAYOR �, Page 2- Resolution No. - 94 EXHIBIT A 1. Approval of a variance to the lot width requirement,of 75 feet to allow the creation of this 74.51 foot wide lot. 2. A verification survey will be required to determine setback distances. 3. All accessory structures may continue to exist, but shall not be occupied. 4. Lot Split #94-05 shall be recorded by October 3, 1997, or prior to transfer of ownership, whichever occurs f irst . 5. A park dedication fee of $750.00 shall be paid prior to the issuance of a building permit for this parcel. 6. The property owner shall be responsible for the installation of separate sewer and water to accommodate a new residence on the newly created lots. 7. A 20 foot utility easement shall be dedicated across the Oakwood Manor (west) end of the newly created lot, and the lot at the corner of Oakwood Manor and Gardena Street, adjacent to the right-of-way. 3.49 r �, � . Community Development Department PLANNING DIVISION APPLICATION NIIMBLR: L.S. # 94-05 PETITIONER: John Tiller, owner's son Bailey Tiller, owner LOCATION• City of Fridley The northeast corner of Gardena Avenue and Oakwood Manor in east Fridley. The property is zoned R-I, SingZe Family Residential. One lot that was once described as Lot 20, Auditor's Subdivision 92 is now a series of lots occupied by three homes and four accessory buildings (1535 Gardena Avenue, 1555 Gardena Avenue and 5925 Oakwood Manor). � REUUEST• Mr. John Tiller subdivision to existing homes Oakwood Manor. BACRGROIIND• who represents Mr. Bailey Tiller has requested�a allow a fourth lot to be created north of the on Gardena Avenue, and south of the home on Mr. Bailey �'iller owned all of Lot 20, Auditor's Subdivision 92. He requested subdivisions in 1964 and 1965 to allow the subdivision and creation of home sites for other Tiller family members. In August of 1964, a building permit was issued for the home at 5925 Oakwood Manor N.E. Earlier that year, the City Council approved Bailey Tiller's request to divide Lot 20, Auditor's Subdivision 92, into two parcels. The northernmost parcel consisted of 21,559 square feet of lot area and would accommodate the home at 5925 Oakwood Manor. A 20' street right-of-way dedication (from the northern parcel) was executed at the time of the lot split in 1964. Oakwood Manor N.E. did not connect with Gardena Avenue at that time and a southern 24,452 square feet lot did not dedicate right-of-way and the road was not completed until a later date. Staff Report Tiller L.S. #94-05 Page 2 The 1964 survey indicated that there had been a proposed lot split of the southern (24,452 square feet) parcel into two lots. Both lots would front on Gardena Avenue. I have attached an illustration to show how the lot splits were to occur. In June of 1965, the City Council formally approved a lot split of the southern parcel into two l.ots. The west lot is 90 feet, the east lot is 75 feet. These widths are in accordance with the minimum Code requirements for lot width that exist today. The original Tiller homestead existed on one of the southern parcels. Bailey Tiller received a building permit for a 30' x. 30' concrete garage in 1966. This garage was on the northern lot of the 1964 subdivision. In 1976, Mr. Tiller was issued a building permit for an additional 12' x 20' storage shed. These two sheds accompany a 10' x 12' concrete playhouse that was constructed with a building permit in 1950. Jerry and Annie Tiller built a new home on the other southern parcel in 1983. In 1987, a:request for the re-approval of the 1965 lot split L.S. # 65-03 was reviewed by the City Council. The minutes indicate that the review was necessary because of the time al:lotment for filing and formally recording the action of the City Council had expired. The legal descriptions given at the time of that 198.7 review, indicate 2 clearly defined lots. The lot at 5925 Oakwood Manor is a third lot. Without modification to legal descriptions, only three lots then existed from what was originally Lot 20, Auditor's Subdivision 92. The 0akwood Manor Lot was clearly separated by it's legal description, and is not part of the current lot split consideration. South of the Oakwood Manor lot, there is adequate dimension to reconfigure the Auditors Subdivision into 3 lots and the petitioner has asked to do so at this time. ANALYSIS. The zoning on this parcel is R-1, Single Family Residential. The' R-1 district requires a 9,000 square feet minimum lot size and a minimum lot width of 75'. As proposed, a 10,780 s.f lot can be created with a lot width of 74.51 feet. Approval of this lot split would not create a visible deviation from the required 75' minimum lot width. 3.51 Staff Report Tiller L.S. #94-05 Page 3 Approval of the lot split as proposed would be considered as granting a subdivision variance to the lot width. **Stipulation** �Staff recommends approval of a variance to the lot width requirement of 75� to allow the creation of this 74.51� wide lot. ' As we have discussed, there is a series of homes and accessory structures on what was once Lot 20 Auditors Subdivision 98. **Stipulation** A verification survey will be required to determine setback distances. The aerial shows that both the 30' x 30' block garage and the 10' x.12' storage shed will be on the newly created lot. Code Section 205.04.05.A, states, "No accessory building or structure shall be permitted on any lot prior to the time of the issuance of the building permit.for construction of the principal build3ng". These structures would be.required to be removed to comply with Code. Mr. Tiller has indicated a desire to leave the buildings �n the new lot. Staff has discussed the Code requirements with him. **stipulation** All accessory buildings shall be raised, from the newly created lot, prior to filing the lot split with Anoka County. Mr Tiller has also indicated a desire to reco.rd this split at the time of sale. This may exceed.the City's 180 day timeline £or filing. The petitioner has asked for consideration of a timeline that would require recording the split at the time of sale. **Stipulation** Lot split �94-OS shall be recorded�by October 3, 1995 or prior to transfer of ownership, whichever occurs first. A park dedication fee of $750.00 is required for all lot splits within the City af Fridley. **Stipulation** Separate sewer and a new residence on required utilities owner. A Park dedication fee of $750.00 shall be paid prior to issua�ce of a building permit for this parcel. water services will be required to accommodate the newly created lot. Installation of the will be the responsibility of the property 3.52 i - . ' Staff Report Tiller L.S. #94-05 Page 4 **Stipulation** The property owner shall be responsible for the installation of separate sewer and water to accommodate a new residence on the newly created lot. A 20' utility easement will be required across the Oakwood Manor (west) end of the newly created lot and the lot at the corner of Oakwood Manor and Gardena Street, adjacent to the right-of-way. **Stipulation** A 20� utility easement shall be dedicated, across the Oakwood Manor (west) end of the newly created lot and the lot at the corner of Oakwood Manor and Gardena Street, adjacent to the right-of-way. RECOMMENDATION/STIPULATIONS: Staff recommends approv�l of L.S. #94-05 with seven stipulations: l. Staff recommends approva� of a variance to the lot width requirement of 75' to allow the creation of this 74.51' wide lot. 2. A verification survey will be required to determine setback distances. . 3. Al1 accessory buildings shall be raised, from the newly created lot, prior to filing the lot split with Anoka County. 4. Lot split #94-05 shall be recorded by October 3, 1995 or prior to transfer of ownership, whichever occurs`first. 5. A Park dedication fee of $750.00 shall be paid prior to issuance of a building permit for this parcel. 6. The property owner shall be responsible for the installation of separate sewer and water to accommodate a new residence - on the newly created lot. 7. A 20' utility easement shall be dedicated, across the Oakwood Manor (west) end of the newly created lot and the lot at the corner of Oakwood Manor and Gardena Street, adjacent to the right-of-way. 3.53 Staff Report � Tiller L.S. #94-05 Page 5 PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request with the following stipulations amended: 3. All accessory structures may continue to exist, but shall not be occupied. 4. Lot split #94-05 shall be recorded by October 3, 1997 or prior to transfer of ownership whichever occurs first. CITY COUNCSL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 3.54 , __ � , - : -, _._ , s �. -- � HI��CR T UR1VE "� q � S i� ' ` , ' % L f � J 1 � /� � Z p. t � . � . - :• � � � a Io r � ' � e p �� 2 a e ie � if K il y lo .�. tj ~ s - V /t % a �� DR��E 2 � � ' � . P ', i, r, �� iJ P � '�P � u � zs ' � s �„� �p , H1l.LCRES7 �� rl �. � �O R�• ti.: e�z , � x ,o- — s d.AK E �•• ��' a - ' �r ;•. '% _ f � z � �`. �EAC a� �,�' � X .: -- � Y," .� - . P� „ , , � � SITE � O _ ,. L L � EL L A D �_ .^� P� �4• � � F�4/ N AD M)' `• �8 � R� _ � r Il 230 : v Oj G;s; �' 3 Iy�j 7�6 � � i � � j�''s ; + ,,,ao: : ,.o , ,• N � i z _ GA W A � � /` i 1b il � � 1 t - � '�!J Jy Ia �.li �z,l3 I! � II 29 � � � � .. �--- - --T- � t - T `7 i 6 � 1 / ! 3 3 � iP t; � ' � � . 8 s�' G�ACE H/6H � f-.�.. q°• . L . j' , j I � � 3 . �� - t � 1 ! � �. . . . _ q _ - /3 ,t i � . . � � vT� 6 -�.4 _. � ' � .�. � ,r 3: ' , � ;/::_ - ;3'�N � �o s. 9. SCHODL ADDlT/ON '�e� i i� �� K - _ . _ ��. /��y` � F' K _ �. � ' '~ —�� ! � /O . . . .. _ . ....,, . . `,iI . f ',�. ; � » _ ,. , : �, _ � . . q � i� � . . s ' •4._� �: � ; `", � _ � � aa � �n s� d '� F,, - • 1i � :. /9 B y �3 � � F: t� :� .2. �NM� _ ., . . N�-. �'*r -:;�.--' 3ROA00 +��"�_ - ' �= ' . � .. ,:� ' ' '. � . . � � �+�-. � ( � 3) _ �n 4/ i1 /_ 2 3 s�� S i�'*Z. I #�.�. .r�' � i��:+� g� ; '�v� a� ••`� � , •• Y* �►i� ��. .: � .z . . . i A t: i.. a,�. � � � , � O "�+'-� � . '�. � �� .� .. <y ,, v. - , . _ t . ..: . ', . ' s,r'♦ 3 z � � z I3.Z4' 76 �. ; ^ , � � .3• :� ��5� :• • ,. �:= r : � �- 3 �� .� ; � + � • •- � • �; . ,�� • .� , � 1 �. ry , ; F '� •>- � �� . r .6 r ,i . .� a � � �._ � �. � � e " " ; �5 u T N 3 . � .:�. ..: , ... y�Z ` , _/ i6 :0 4 H � rL 4 � 8� ' • :��- /r z, . � 5 "L t. L p,� � • 5 • � �� /Z • K /S S 4 ` "!uC • � . • i • • ' . .. ' 3 B � *. �.•: : ; ,_ k- � N • . •=_�- •-• - , 1L " � . • � �:z. . . . � � � � 4 x � g • � t � pR . . �, ; -_ - 3:z > � i -5 3 :: 1 �- �• •.. s � t °� .i � • i � 6 Ir i1 1 . 4 � � t�l,,/ON - �� ' ; * . s�� '4 w � s p ; Z � �4�-� . • • � �►`i� 3. v t � . � 4 ; ��i: ' fi�i � • � . . •.'•�y ::: z rs � :7 • • • • �a- � 8 � , � � ' s� '�rt �FARR- � ° � S E; ' 6. . �� a � _ _ � �.; ' •��. =� • � � � �rj �3 d r=�'"�� g � �aKe�� s � ,� � ; �:::��:r�=^-��:: •. Jt . • ,.�_ -'- � Yo/%y View " � �R HEIC�HT� Christion � - � B s � DiSTR1CT LEGEND � H� L__ � � C/aurch i � �"^rb�1 p� _ � ,� � 11-t ONE FAMILY OW6'S ❑ M-7 �IGMT INOYSTRIAI Q - i Rt�� h 11-2 TWO FAMIL7 OWG'S � Y-Y NE11V� INDUSTIIIAL � f O 11-i OEN. MULTIPIE OWG'S � PUD PLIINNEO UNIT DEV. N � � 11-� MOBILE NOME P11RK � g-� NYDE MMK NfIfi11BORN000 ❑ M � _ . � PUBUC FAGIUr1E5 � 8-2 REDEVELOPYENT 013T1tICT � \� S 4 . C-t LOCl1l BUS�NESS � O-1 CNEEK i RIYEII PNEEERYATipN � � S/ C-2 GEMENAL SU81NE35 � O-t CRI(iCAL AREA 0 � � j 4 c-a OENERAL SNOPP�N6 � /O 9 7 T 3 Z / /J C-117 OEMENAL OfFICE � V11C11TED STREETS � I R � �2 7 - � 3.55 ZONING MAP` . 3.5s LOCATION MAP \ ' _____ - . � ' . . � - � � �' � ��j� ' �� _ j � - r !/I `��' s� � � - � � I1 � � , ♦, � � � � .r , 1 i�� ' � � � , I.� I ,` - �� : f: � �� e� , � L�, � - I � �� ' .�; p c� � � i ` _ ` � 9�. � . � -- - ,�. I � _ �. � `� �� ` ' � . � � - • � � . � _ � �' , � ., . . � . _ _ ,; � . -� ;r,.: . .: � , V- . � . . . . "'1� . , � ' � • � ''� S _ � ' S. � �� _ � . . CEI�DEI�t� �� = — s � . �� - . -�` . . • . = � � �— - � •` � _ � S - �. .'� - .�: � ' ' -- - _ _ _ f < _„ _ . � �` . . . �� -_ , T- _ � :.�=�- 1 - _ �. �ru _ _ � �� . _ _ ,:.._,. ,. _ � ,, 3.57 SITE PLAN F- � - . -_ , _ _ _ _ � m�� _ _ i1�1�� OZ�, -�tOi�td1N �OOItA�t� � c'�\` � ,, ��t�l -a00/111�1�0 � 3.58 a� z; W � Z w � Q � a z *" W 0 � Q C� � �� W � � w� �! w!� al'�' a, z. W � o� a � a �. z, _�t01�1�1i_000-M��f �1 � _� _ Q ' _ _. _ � _ - - a ! o� . -: . -� c� � � _�� _. 1N�W3St/3 �0-Z,' . aoN�w aoon��o 3.59 � C0 � T I �, � �! W � Z W Q Q Z w 0 � Q �I � w'. Q' ; �. � 0 o� a c� oc O z a � 0 O 0 � � Q � ��A�� w B � w v� a w - 0 N ��C�� „�� i � �'. GARDENA AVENUE 3.60 NQ 3A r 3i� � � ya i� . r 9 � ..Y:'. J 4�.y. � � ,� iF. " � � - � r . �'� �� K' � � ! F 4 � �` � � �. � :� 3 . *n � � -?� �l y�a'� � �� i;Y � :i,� : � �1 U I� . �� . F a:[ Y : : . �. �,i ;i •'S ��.''. j I 5 F",3M fs�� . > � �.§ .�� . _ . .... �t �� t +� °T X .' -�, i ��Sy{ � t ¢ ��ay E r - Y+^ � "'�� Ni /y t�iJ .Sr , . r�'� � ��r ��4 X s �" �,'`t �'�� : � E �. ��_` � '� E }� ��i . X{� ✓ .� R . ':�� r a�.c{t� ��z i� �f . � ; � � ,', �<.�''� r �} : t r: r ';4 � p �. �13�QyS ��.'. �1.� r. .. . � , 4 �:: �> .'.�� : "�''.�� " 69 � . � ,�'• = '`f Ay � !�MB " " ; ' ! } c• y � . � � ',�, } . b � qc � S i��^ �ti� p# fi x� . " } � �''� A�'t,�4� x `` �:r �,- �(•� �^� f �,�! A �� ,� 5,�•"{ e `., ' �Y ,,, a. �,.K; � ' yk� ht f� � ��..� � '� l" i.�"n1.�.�.,�i iwt+. e¢�t�e � dF��,�� Y �. �. L .'.. v ' '�` ' f "Z:�� !' �� . �? E ;. � ; '? . M _ t' � w�..R.�It E � Y,'� �`�," : ,b.i � '3' . si � ' '.y, Y 4 . (y� R . � �� 1 1 � 2 � � `" � � � �'��' �` � � «,� , �{ �� ,�� `7 - ';:'L�' _ t , '`'t Y MJ �: � : • „ ' .. Yi � :. � � : $ ,� �� r4 :. 4�� ,*z , ' _` f �' i .�," �a _� � .� � -' i.. . �Y � t � ..�- !'- .L � . ": Y ; � (� � ti { . .- _ ' ,i.. ' ^r .3 3 .^u .9. ` t'' It �+`^i, �' F.,, r .: °� . �* �` � l i��i. ,Kj `; i . h,F� %�, �� ' �' `' =r �- � ��' ,1„r, , � �, � , d�„i; � �� . , '� _,,,. ��o. , . . .... . , �� . .. ,. �� . c,Y � � .+^.. � �,� _ � �� , Y. P•" �3`�'A' f' . , �'�.'Y�y 4 '?G` �'�'� .�'�,s'P� . f�'i.�S.� �, � %' �`. � r w* �S�, � t � �� , g� i .Y a� cs,- 9. M.�g^t ra,«� � « .'� K �_ � � . 'ka ��¢`,,:�`��t�s�"'£c�.c�a�a��r��*: . ,- ��' . . ; s� �� ..i�.,'�� __ �{ �"' ... �,�'_ :,'kf _.:. .,i ° s:� a �4� '.' $ .,,� ,� �,�. i '�&s� ��L�� ,� �. ,� `,��,�,,, � F ;3" r�. +�'ii�:: �r � �' � � : �� :. a w v�``t ;t r ' ; ��.� ., ��'`3 r�' _' � y� - Y : ; �. { "E` " ��..�'°�i�'�es,�� y *L � .e�. � � ��:;� � ' `x ;� . � s. ', � � � '� 4 � ;° �� t ��"+ � � � � � �' �v �� : �', _ rp �_� �*�.,.. � � - � 1 ' ' � �. . .., .. �• � z �iM�_..:.. ; � : . � .�. " � � � �<. � � . . .,. � . r. �,i: , ' .�� " . 9 S ``' �°/^ :� 1 s( � � 6 � a . . �� y T ' '� _' t � '_ ''V' 'r,' � .i- �+e4c �x.�,+.., u ,. � .. .-��:�� , �+i�;:w�W` �.�..+"'�? . . `e '' :�R , � � �. � , �° . �°.`. `�� .t r. .<;:"��c * , . �'� �#�f :. ��Y 7 � �� i�� F � ':�f'�:a � ��; t �...".,�� '�.� ,i �'z �� r , � �� r ' � � ��'_ � „� � , .m.. ' +s + �� 4 > �-� ,,, � r ' � , ,� � �;� �� r �K `� '� �.�;,�� r�-�� F y , ,�: � ' a -'*' ' �•� FL _ ..}�. i �; �` = - ::� � � ;y:. . . - - - ,.; -�. � �, ' "y i;C *5g 1 }� .� ,' �Ar�ir � � �i � . � � � 't Y ; y� . a. !d l:� d } Y �� , ��, ' 9� � 4 . }Qt �-- � � -- � � 4. }'+n`{ ��{� �.- . A Y�y, � �j�;� ` ^..Y�� d�N�. 4�n+�t13y��+5'i; �� a! y lfW'� �� :'aiX � `A� �, $L t=�'�.� 4iSj��YSa�� 4' �.. D '.�'` ..i�,.l.<" � ��: Y .� y �� , .�w. � .�t.��.. F. __..,x."L�.. �..��+f_-Y. _ '� � _ _x�.a.� ar�a��14 ��'.`.1 ] ` 'Y5� �..l�± �. � _ �� ' _ ..., ;�;i � _ . � ,:�� '�Ttt St+y*'� . . 3 '~� , a �. .� . rs'� = ' S x:: , •;i.: ` ) �a� k ��,�� . _ �. _ � • - �og Ho. 64-l3 LEROY H. WINNER - N .�� sw�� R�pid�r�d Und�r low of Stab of Mien��o�a ROUTE NO. 4• ANOKA, MiNN. ' PHONf HARRISON 1-1l59 � CERTIFICAT� OF SURVEY --- 163.9� : --- . 20�; ,20 ,- - - l43.9� - = � �, � i ' � ' , � � � SCALE: I�� = 50� ti ti o DENOTES IRON PIP � � ' Q Q' �--- 144.2� -- � ' _ , Z �� r Q � - �, , �f d' � ' ' � ti .. t� � ' �:' � _ � ' N _ • •,, ti '20� -- 144_5� --- t�: N � � � N m �-_ 84.5� - - �. -- 80 ,_ - �;, � � � , � , • ,", - ,� _ . � � .. �` � � .. . - O a> oo- � ,� . � � � •�Li _• � - .. \I - Y � _ Q `� ' O. . , . , ,, , . . . • , • , ; , ; - _ 20' --- ..8s.i' - ' - - so' � � �' , M � AVENUE' GARDENA ---- �ss.22� -- L EGAL DESC RiPT ION THE SOUTH I/2 OF THAT PART OF L.OT 20, AUDITOR�S SUBDIVISION N0. 92 IN ANOKA COUNTY, MINNESOTA WHICH LIES NORTH OF THE SOUTH 178 FEET OF 9AID LOT 20, EXCEPT THE WESTERLY 20.FEET 1 he�eby «rt�fY st,at o� i96� 'i OF THAT PART OF SAID LOT 20 ABOVE I surveyed the properry d s�rib� above•ond that the ' DESCRIBED. abo�� Pi�r is a correct representation of said survey. [�-P� �%z�� , LAND SURV YOR REG. No. 4987 3.62 ti;, � � z' � '? s:y, � . +C, � h )' 4:::i. • ': .,,,' C[ViC CENTER • 6-13i UN[VERSITY AVE. H.E. FR[DLEY, M[[VNESOTA 55432 • PHONE (fii21 57(-3450 CITY QOUNCII, ACTION �1KEN NOTICE Bail ey Til l er 1JJJ LCiLUC1Y1 HVCIlUE 1W i.. Fridley, FN 55432 March 25, 1987 On March 23, 1987 the Fridley City do�cil officially approved your request for a Lot Split, LS. #65-03, to split Lot 20, Auditor's Snbdivision No. 92 into two separate parce].s. One being that part of the south half of that part of Lot 20, Auditor's Subdivision No. 92, Anoka Coimty, Minnesota, which lies �rth of the s�uth 178 feet of said Lot 20, except the westerly 20 feet. Zbgether with that part of the south 178 €eet of said Lot 20 lying west of the east 75 feet of said Lot 20, subject to easeqaents of record. Z�e other being that part of the south 178 feet of the east 75 feet of Lot 20, Auditor's Subdivision No. 92, Anoka County, Minnesota, subject to easements of reo�rd with the follaaing stipulations: �f".•�"�! If you have any questions regarding the above action, please call the Planning DeFartment at 571-3450. Sincerely, �r � � �r� ,3ar,es L. R�binson , Fl aruli ng Coordina tor � i� Please review the noted stipulations, sicyz the statenent belaw and return one cop� to the City of Fridtey Planning DeFxirtment b� Apri1 8, 1987. , � %� �� ~� . f .�;` / ' ' � � C�., � �� LL'%� Cflncur w' action taken 3.63 • y, �ul ai •_ y: t.M 't 12. RE�pLtTrION NO 27-�987 F'OR REAPP�'JVAL AFTER EXPIRATION pF A LQrI' SPLZT, L. S. ��-03 GEN��ALLX T�C�ATID NOR'I'H OF GARD�NA AVENUE AI�� EASr OF OAK�'�OOD MANI�R, BY BAILEY T�LLER� r'DTION b� Gb�.lncilman Schreeider to acbpt Res�lution No. 27-19b"7 and waive the Fark fee. Se�nded by Councilwaman Jorgenson. Unon a voice vote, ali voting aye, r�yor Nee aeclared the motion carried unanimously. 13. RECEZVII�T Tf� MINiJI'ES OF THE PLAI�'NZI`G 00('�`'IISSION MEETING OF MFIRCH 11. 1987 • 15. 16. A. COI�'SIDERAT ON OF A REZONII�, ZOA �87-01, � REZOh'E k'�M R�-3.; : Jl� : �J� NDTION b� CoLmcilman FitzFatrick to set the public h ring on this rezoning request, ZOA �87-01, for Agril 6, 1987. Seoc�nded Coimcilwanan Joraenson. Up�n a voioe voie, all vating aye, Mayor Nee de�lared the motion carried unanimously. / i,� • • �+ • : B'-1. IrDTION b� Cb�mcilwunan Jorge n to table this item to the next regular meeting on April 6, 198'1. nc�d b� Gbimcilman Schneider. Upon a voice vote, all voting aye, Mayo, Nee c3eclared the motion carried unanimously. M�TION by Got�cilman Con�nission meeting of Upon a voioe vote, aY� unanimously. � S'chneider to receive the minutes of the Planning arch 11, 1987. Seo�nded 1� (bimcilwoman Jorgenson. voting aye, Mayor Nee declared the motion carried NDTIDN ty Co�ncilwoman Jorgenson to reoeive the minutes of the Charter (bnunission .meeting of JanuaLy 12, 1987. Se�nded 6� Councilman Schneider. Up�n a v�oe vate, all voting aye, Mayor Nee declared the motion carried �nanimot�lv. �' I+'�. Flora, Public Works Director, stat�d three hids were received for this equignent and the law bidder was RGS Industries for a total bid of $26,436.74 whic�► includes $22,903.74 for the Fothole Fatcher and $3,533.00 -12- 3.64 •.s.•�. t�� A RESO�LiTPION APPROVING A SQBDNISION, IA2 S�IT, L. S. #b5--03, ZD S�IT LOoP 20, AiTDI�OR'S S�DIVISICI[J N0. 92 INID �TO SF�ARATE AAR(kZ..S WF�'EF.EAS, the. City Council ap�xaved a lot split at the J�me 21, 1965 meeting; and hTF�ZEAS, such appraval was to split Lot 20, Auditor's Subdivision No. 92 into two seFarate Faroels. One being that Fart of the South 178 feet of Lot 20, Auditor's Subdivision No. 92, Anoka (btmty, Minnesota, lying West of the East 75 feet of said Lot 20, sutrject to eas�nents for raad purposes over the South 30 feet thereof and over the F7est 10 feet thereof. 7he other being the South 178 feet of the East 75 feet of Lot 20, Auditor's Subdivision No. 92, Anoka Co�ty, Niinnesota, subject to an eas�nent for road purposes over the South 30 feet thereof ; and wHEREAS, the City has rec�ived the required Certifica�e of Survey from the aar�r ; and w�i�'.AS, such appraval will create two se�arate residential building sites. NOw, �iEREFURE, BE IT RESCGVID that the City Cotuzcil di rects the County of Anoka to rea�rd this lot split within six months of this approval or else such appraval shall be null and void. A�SSID AND ADai�t'ED BY Zi1E QTY OJqNC7I, OF ZHE CITY OF FRILGEY THIS 23RD IIAY OF __ MARCH ----- � 1987 �f�� ------------------- S�iIRLEY A. HAAPALA — CITY CLF�2K 7/3/4 WILLIAM J. I�E — N�1YOR 3.65 � a� �- PI..ANI�ING I�IViSION ; � �/lE1�OR.AI'VDI.iM ; ;' c��ra� � F(�1 DLEY P�t� �: Jock Robertson, tbrrmwuty Developnent Director �- t�Ehi� FRC�l: D�rr�1 Qark, (hief Building Inspectar r,t,i� Il��: t�larch 13, 198? R�RDIP� : Bail ey Till er Lot SpI it F7 rst Appraved b� (� ty Coun cil J une 21, 1965. Mr. Tiller, the orn-time aaner of all nf Lot 20, Auditor's Subdivision No. 92, petitioned for sglitting his property into four residential lots. �e petition was appraved b� the City CAUncil on 31aie 21, 1965. Zb date, he has only sold the northerly lot where a house was buil t, therefore, he is presently the owner of parcels B, C, and D, as shown on E�fiitrit 'A'. Zhe c�ode at that time did rot have a reo�rding time limit, mr did it require a park fee on lots splits, as it does currently. �he Tillers naw w�ould like to give paroel D to amther eon for hiin to build a - house on. Since t�e present code has a time limit and a� park fee, he has sutxnitted a letter requesting the City Co�ci1 to reapprwe �e �splitting off of parcel D arx3 that he �t be required to Fay a park fee. . Zhe survey and the lot descriptions are attached as exhibits B-1 and B-2. All lots have �ieen serviced with sewer and water, and all special assessnents have been levied and are �id in full. ' DC/lmn rr- s�—�s 3.66 •N �.------ � -ya, - . � - �:�4J�:) ' . Y.� � .. 'r^ _` ' � Jt� �� ' � , _�It/��"�� ..._ .., i... r�r� :i� , �r �' =w. . � �� : -.. �� . ., �.-: �r' � ' _ wRV�v FoR: DESCii19F0 AS: LE &OY N. `YiNNER � ASSOCtATES, t[VC. �a+s�i �'u��;�� L�yi�t�•�4 Ved�r lo.�� of State o! Alinnowfe 839B Cent�r �rive • Minnecpolis, Minn. 55432 Phone 784-021A - CERTO�ICATE O� St1R�IEY City of Fridle� See attached legal description. I 20 20 � , �� ' - , cr . z1 �o� � Q �y ! - G — i6a.so — �i9�o = ;ozo�4,.. .- i � � �4 � �� / 1 SE H0. _ �'� TRACT A f C O p s 0 O �n � . v •� � Q i � i ✓. O Y' 338 : 20 tp , 222 � -------�—�_ _. �URB �h:!S.l�:�.`� .L.L_L.:.',:;:. � Ef�Y � L.s. ; 65-03 JOB NO. �3F 225 � 8K. _A__3�.--. Pt'i. _ �.__. , �� <�.� j — �soo — - . _ � j . . TRACT B � _ ` �� Q _ :I`` � b �/ _l' , � . .:i �. :♦ • �. �+l�v '' 1 � � , PUNCM M.ArZ1( g � ` tN GUTTER p / _ � -- °022 " — �\ . � �— �� !� GARDENA l6522 o , 0 o� 75C0 — � _� AVE. � -- —_ � 0 � m `� /_ — . / t ha.by c.rrt� ilw� o�► G�� T9.� / 0 avrvt7sd tti pc�artp crswi5ad t..5ow ond tiwt tb� cboMs pSct ia o cone�c-t rc�rss�olu?ion p{ said aunar. . . _. 3.67 � /�-=-r�� ,�-- 7 �■ J� � L�ii-Lt.V '1'il�t�`L" L.S. #6Be.Qe� 2$. ; SPi.YT � ST I, �6 -03 BAILEY LLER N�Tfi HAIF � IAT 20 AUD T�1R'S + SUBDIVj[SICBi 492s �c City TSanagar read tho asQtioa of tbe Planniag Ca�iasloa reco�nending approvnl ot Cha Lot &pllL LaS. �65-03. I'�e City Engineer �hosaed a pina of [be Lot Spli� eo t� C.ou�cii. Co�mcilssaa Shvridan aaked vhy Ltao iot vam spiie ia such sa cdd �r. �e Lnquirod it euy thoup,ht vau given to vLeth�r ffir. Tiller io pox�ap� maki�g an at�enpt to get aratmd tbe Dlatting ordinance, The City iLwager aasv�red tbat �harc3aa th,e Iaot Spiit ia uauaual tt ia aot da�rimcntal to tbe City aor opesosed to thc3 principal of thQ ordinaacs. �ot� bp St�eridsn to ctiucar vith the acttoa of tba Ylann4.ag Caaai�aica aAd graat ths �qc� st of 9ailoy ?iller for a split ot Iat 20, Auditor'e Subdivieion #92 `/ caastinoent upos� receipt of Lho naccaoary certificata oi sustiey in cc�plianca 6rith Lhe ordinacbcea of the City of Yridley aad xitL t�e plan Itro ?ilfier pre�ssnted � to tt� CSty. Secouded Dy TJrig,ht. Upaa a voisa vote, tbera bsiug no oay�t� the `, maLica carri@d un�imously. BOABDS 0� APPSAL� I�HTING M�NUTE3, JUNE lb, 196St V P�t ad 45 ?A Q0�?E 0� SOrTA 1963, BT WAfVE� 0�' SIDB YARD tTIREtf�NT YROM S FEPT ?U 2 F�T � PFHHI� CONS�llCTIC�i i a� �D c�n� o� i,o�r a ar,ocx 3 aICE C�BH�C �B PLA? 4�axa ca�nrY _ 2�iTI+�;�SOT� 3A*£E BEI2:G 68 0- 7ZH S�.}:�T NO�THt:A3� PR?DLEYA I�QNHESOTA 48EQLfBgT B' �iALD Ye �RSa 6820 - �TH ST'et�s2 xa�t�ta�r_ �u�mlrv urunlucrrr��. 7�e City`Hauager axplain�ed Lo the Couac�l that the Boerd of Appeala beld a public bearin8 0� tb� reque�t of Dom 2d p. Pavere for a vs�riance of the eide yard req�tiz+ec�est from S f�t Lo 2 feet to perait coastructioa of sa attached gara„g,e. apaa hia psoperty. Tho gosrd of Appeuls recoc,mende thet the variance be granted to I�, por�,�ora. Councilmun iJright poiuted ont that he wisbed the Couaci2 to note that instera3 of th� concurreuce of the aeighbore to Mr, Powera' request for a varisuce ehQ �ainuteg of thn Boax�d of Appeala Hearing ahov that no oue objected to the variasace, The City Naaager replied tbat vbea a z�qwst tor a �aridr►ce i• submitted �o tiae Bo:rd of Ap�ala it is e�ot r�qaisad that concurreac� of th� neighbors to [he vazia.nce be pravided in �ritiag. The Board of Appeal• Lalds 8 ta�axiag on a request for a variance ead Lhe neighbozs bave this opportanity Lo obj�ct it Lhc�q vish to do ao. t�tioa hy �rich� to aoucur orith �t�a Soard oY �p�ala �ad graut thQ r�quest ot Daaaald F o Pc�,-ars for a variaace �ran side yarQ requirQnoent of S feat to 2 it�t to penalt �onatrnctio� of au attached garage an Lot �. Block 3, fliee CretSc 3'Qrrace Plat 4e ,ecanded by iaRapaoa. IIpa�a � voict vate. tbere being n� aaya, tbe �tian c�rzied canaaimousiyo =.f��11 ; - �•. . M� ; •' :t' •.� � � ��'i �" ,�: !� _ 1 1 (: 1 • a . ...- ' - - -- - _ t�.1.S,_ - .��.�......:r...s�� :�i.� � a' � '�' t •�_ 1 •�•. � ' 1 � e � �;' y •�•4i . h' t. 1 !.�s �'� !li�� ,��..._!:• .� y � i �:��`�t �i�;i�_I" �/ . . .+'. :!' �; ... � (� � �� . tt :1 .t1:1 !�'. �1_� — � L It�s Clt� Maaagcs Yesd Lbe motioa of tbe Board of dppem�s racoa�n,duig tuet Lae geqneac og 24, pla�tca3 h., gor a vaziance be grentad to �,erait cowtrnctioa oi 3.68 •-,., �; e.r; �° � i ..�, � �� Community Development Departme�t C� PLANNING DIVISION City of Fridley DATE: September 28, 1994 � TO: William W. Burns, City Manager�'+� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator SUBJECT: Ground Round's Request for A Sign Variance, Variance #94-24 Ground Round Restaurant, 5277 Central Avenue N.E. has requested a Sign Variance to install a new 96 square foot, free-standing sign. The City of Fridley sign regulations allow a maximum dimension of 80 square feet. Ground Round's existing sign is 120 square feet, as approved by Variance #92-22. STAFF RECOMMENDATION No recommendation was given by Staff at the time of tYie Appeals Commission meeting since the request is within previously approved requests. Staff did, however, indicate that if the City wishes to bring the property in compliance (with the Sign Code), the time to do so is when a new sign is proposed. APPEALS COMMISSION ACTION The Appeals Commission voted unanimously to recommend approval of the request to the City Council. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Appeals Commission recommendation. The Council may want to add the stipulation from the 1992 request which was: 1. The variance shall remain in effect until: a. the sign is altered in any way except for routine maintenance and change of inessages which makes the sign less in compliance with the requirements of this Chapter than it was before the alterations; William W. Burns September 29, 1994 Page 2 SH:da M-94-592 b. the supporting structure of the sign is replaced or remodeled; c. the face of the sign is replaced or remodeled; d. the sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50 percent of the value of said sign, at which time all of the sign and its structure be removed; and e. notwithstanding paragraph (a) above, upon the change of the business being displayed on the sign. I � _ Community Development Department PLarnvnvG DrviSION City of Fridley APPLICATION NUMBER: e Application 5P �94-24 PETITIONER• ♦ Ground Round, William C. Forster Corporation LOCATION: ♦ 5277 Central Avenue N.E. REQUEST• ♦ The Petitioner requests a variance to install a new 96 square ioot sign. The City of Fridley sign regulations allow a maximum dimension of 80 square feet for a free standing sign. Ground Round'� existing sign is 1�0 square feet, as approved by the City of Fridley Variance Request #92-22. BACRGROUND• ♦ In 1973, a sign variance was granted to allow the Ground Round Restaurant to install a 96 square foot sign on the northwest corner of their site. installation of that sign met the setback requirement of 10 feet from all property lines. A 24 square foot reader board sign was later approved by the City and added to the existing 96 square foot sign structure. ♦ In 1992, Ground Round requested a variance to keep its sign size at 120 square feet, but to modify the readerboard to be internally lit. The request was approved (Var. #92-22). The approval was granted and would remain in effect until: A. The sign is altered in any way except for routine maintenance and change of inessages which makes the sign less in compliance with the requirements of Chapter 214 than it was before the alterations. Staff Report VAR #94-24, by William C. Forster Corporation Page 2 a C. The supporting structure of the sign is replaced or remodeled. The face of the sign is replaced or remodeled. D. The sign becomes dilapidated or damaged, and the cost of bringing it into compliance is more than 500 of the value of said sign, at which time all of the sign and its structure be removed. E. Notwithstanding Paragraph A above, upon change of name of business being displayed outside. B& C apply to the current request and therefore, a new variance must be approved to allow reinstallation. ANALYSIS• ♦ Section 214.11.02.B requires a free standing sign to be no larger than 80 feet in area in a commercial district. The public purpose of this requirement is to control visual pollution and excessive use of signs in commercial areas. ♦ Prior to the Appeals Commission and City Council granting of a variance, the provisions of Chapter 214 of the Sign Code shall be met. There are four provisions: A. There are exceptional or extraordinary circumstances applicable to the property or the intended use which do not apply generally to other properties in the same vicinity and district. Other properties such as Total Mart have 80 square foot signs. There are no unusual topographical conditions. B. If a variance is necessary for the preserVation of enjoyment of a substantial property right possessed by other property in the same vicinity and district which is denied to the property in question. The restaurant is located at a heavily travelled intersection, and staff does not believe a variance is essential to the enjoyment of a substantial property right possessed by others in the same vicinity. Many businesses in this area have successfully utilized signs which are 80 square feet or less. 4C Staff Report VAR #94-24, by William C. Forster Corporation Page 3 C. The strict application of the Chapter would constitute an unnecessary hardship. An 80 square foot sign would be adequate to draw attention to this site, and would not eonstitute an unnecessary hardship. D. The qrantinq of a 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 proposed sign is smaller than the existing restaurant sign. Many people may not recognize that the sign dimensions exceed the code required maximum since the overall size has actually been reduced. Granting the sign variance would not be detrimental to the public health safety or general welfare to this or surrounding property. The City of Fridley has considered and approved similar sign size variances in the C-3 commercial district. Two previous variances were granted on this site and the Embers Restaurant and Menard's were granted variances as well. • In 1.992, Embers requested a variance to all.ow a sign of 120 square feet. For Embers, this represented a reduction in sign size of 230 square feet. (A 1959 sign permit issued by the City allowed Embers to install a 350 square foot sign.) • In February, 1993, Menard's requested a increase their sign size from 80 square square feet. The City Council approved This request was to allow modification foot sign installed in 1974. RECOMMENDATIONfSTIPULATIONS: variance to feet to 180 the request. of a 215 square ♦ Staff did not have a recommendation at the time this item appeared on the Appeals Commission agenda since the request was within previously approved reques�s. Staff did, however, indicate that if the City wishes to bring this property into compliance with the sign code, the time to do so is when a new sign is proposed. . � Staff Report VAR #94-24, by William C. Forster Corporation Page 4 APPEAL COMMISSION ACTION The Appeals commission voted unanimously to recommend approval of the request to the City Council. CITY COUNCIL RECOMMENDATION Staff recommends the City Council concur with the Appeals Commission action. 4E MOTION by Dr. Vos, seconded by Ms. S ith, to approved Variance Request, VAR #94-23, by John Rice, ., to reduce the side yard setback of an accessory structure ich opens onto a side street from 25 feet to 19 feet on Lot 19 - 22, Block U, Riverview Heights, the same being 8041 verview Terrace N.E., with the following stipulation: l. A hard-surface drive of c,oncrete or asphalt shall be installed to serve the detached �arage by September l, 1995. UPON A VOICE VOTE, ALL �VOTING AYE, VICE-CHAIRPERSON RUECiiLE DECLARED THE MOTION CARRIE�D UNANIMOUSLY. 2. VARIANCE REOUEST VAR #94-24 BY WILLIAM C FORSTER CORPORATION. Pursuant to Section 214.11.02.B of the Fridley City Code, to increase the maximum square footage of a sign from 8o square feet to 96 square feet on Lot 2, Block 1, Auditor's Subdivision No. 153, generally located at 5277 Central Avenue N.E. (Ground Round Restaurant) MoTION by Ms. Smith, seconded by Ms. Beaulieu, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON ROECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:1? P.M. Mr. Hickok stated this request was being made by the Ground Round Restaurant generally located at Hwy. 65 and I-694 for approval to install a 96 square foot sign. The code allows a sign of 80 square feet and the existing sign is 120 square feet. In 1973, a sign variance was granted to allow the Ground Round Restaurant to install a 96 square foot sign. Later, a reader board was added below the insignia consisting of 24 square feet. In.1992, that reader board was illuminated and a variance was required to make that modification. Mr. Hickok stated the approval remains in effect until the sign is altered in any way except for routina maintenance and change of messages; the supporting structure is replaced or remodeled; the face of the sign is remodeled; the sign becames dilapidated or damaged; or when the name of the business being displayed changes. At this time, the supporting structures are being modified and the face of the sign is being replaced. This does represent a reduction from 120 square feet to 96 square feet. Also in the variance portion of the sign code, �here are certain criteria that must be met as follows: A. There are exceptional or extraordinary circumstances applicable to the property or the intended use which do not 4F a`' '`=��r��' . APPEALS COMMISSTON MEETING, SEPTEMBER 13, 1994 PAGE 5 apply generally to other properties in the same vicinity and district. In this same vicinity, Total Mart has an 80 square foot sign. There are no topographical conditions that would cause a need for additional sign dimensions over 80 square feet. B. If a variance is necessary for the preservation of enjoyment of a substantial property right possessed by other property in the same vicinity and district which is denied to the property in question. The restaurant is located in a heavily travelled intersection. Because of this, staff feels an 80 square foot sign would be visible and having an 80 square foot sign would not cause a severe hardship to this site. There are also signs in that area that exceed 80 square feet and even 96 square feet as requested. C. The strict application of the Chapter would constitute an unnecessary hardship. Staff believes that an.80 square foot sign would be visible on the site and appropria�e according to the sign code. D. The granting of a 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. It is a situation that the City has considered in the past and has granted a variance to 120 square feet. This does represent a reduction to 96 square feet and would not be deemed detrimental. Mr. Hickok stated staff has reviewed and approved other sign var'iances to exceed 80 square feet. These were approved prior to the current code requirements. Staff does not have a recommendation at this time. If it is the City's desire to bring properties back within the current sign code requirements, the time to do this is when the sign and supporting standards are being changed. Ms. Smith asked the size of the signs at the Kelly Inn and Twin City Federal properties. Mr. Hickok stated the Kelly Inn sign is less than 25 foot maximum height and less than the 80 square foot. It was not listed as having a variance in this area. The Twin City Federal sign may predate the standards in this area. 4G APPEALS_COMMISSION MEETING. SEPTEMBER 13, 1994 PAGE 6 Mr. Kuechle asked when the standards were changed. Mr. Hickok stated the sign code requirements were changed in about 1987. Mr. Mack, Ground Round Restaurants, Inc., stated he handles the renovations for the company. About one and a half years ago, they started a renovation program which includes signage. They have done approximately 150 stores where they have installed the same or similar sign. Locally, Richfield and Roseville have the same sign with a single pylon. This sign has been redesigned to use the existing structures and they have tried to scale down and compact the signs as much as pos.sible. It does give the sign a smaller_ look even more sa that the existing 120 square foot sign. It is very clean looking sign. It is backlit which softens the appearance. They have had many compliments. Dr. Vos asked if the distance from the ground level to the first reader board was higher than existing. Mr. Mack stated yes, basically everything gets closer together. He has just come into this area, has started doinq surveys of the stores and deciding what to do.in that location. Dr. Vos asked if 96 square feet is adequate. Mr. Mack stated yes. Because the sign is backlit, it does a nicer job. The existing signs are starting to deteriorate. They can light just as bright but they do not look as nice. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RIIECHLE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:30 P.M. Ms. Smith stated she would be inclined to vote for approval. We have had the issue come up a number of times. This is still a variance request. It is 16 feet greater than existing code requirements, but they are reducing and upgrading their existing sign. The other option is to leave it with a sign that may not be very nice for an extended period of time just to get the exposure. She would be inclined to vote for approval. Ms. Beaulieu stated she had no problem with going from 12.0 square feet to 96 square feet. The Appeals Commission approved a sign for Embers from 230 square feet to 120 square feet. She would be inclined to vote for approval. 4H ��.`�;'�`�» , ti� APPEALS COMMISSION MEETING, SEPTEMBER 13, 1994 PAGE 7_ Dr. Vos stated it makes the sign a bit more visible in the corner in the sense that you raise the reader board. There is an advantage to decrease the size and put up the reader board. He would vote yes. Mr. Kuechle agreed. Ground Round was approved in i992 a variance request and it is hard now not to approve. We have also granted similar requests in the same area. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to approve Variance Request, VAR TM94-24, by William C. Forster Corporation, to increase the maximum square footage of a sign from 80 square feet to 96 square feet on Lot 2, Block 1, Auditor's Subdivision No. 153, generally located at 5277 Central Avenue N.E. (Ground Round Restaurant). UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated the request wouid be considered by the City Council at their October 3rd meeting. 3. UPDATE ON PLANNING COMMISSION AND COUNCIL ACTIONS •! . Mr. Hickok provided an update on Planning Commiss on the City Council actions. � ADJOURNMENT MOTION by Ms. Smith, seconded by Dr. Vos, UPON A VOICE VOTE, ALL VOTING AYE, ,� DECLARED THE MOTION CARRIED AND THE S P'. COMMISSION MEETING ADJOIIRNED AT 8:38 .M. Respectfully submitted, �` Lavonn Cooper Recording Secretary 41 adjourn the meeting. ICE-CHAIRPERSON RUECHLE EMBER 13, 1994, APPEALS . � �, FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 23, 1992 PAGE 9 6. RECEI�IE ITEMS FROM THE APPEALS COMMISSION MEETING OF NOVEMBER 10, 1992: A. VARIANCE REOUEST VAR #92-22 BY LEROY SIGNS, INC., FOR GROUND ROUND RESTAI7RANT TO INCREASE THE MAXIMUM SQUARE FOOTAGE OF A SIGN FROM 80 SQUARE FEET TO 120 SQUARE FEET; TO ALLOW A VARIANCE TO REMAIN IN EFFECT WHEN THE FACE OF THE SIGN IS REPLACED OR REMODELED: ALL TO ALLOW THE INSTALLATION OF A NEW 3 FQOT BY 8 FOOT READER BOARD SIGN. GENERALLY LOCATED AT_5277 CENTRAL AVENUE N�.E.: Ms. Dacy, Community Development Director, stated that this variance is to increase the maximum square footage of a sign from 80 square feet to 120 square feet. Councilwoman Jorgenson questioned the staff report which indicated an increase from 80 square feet to 84 squar.e feet. Ms. Dacy stated that the dimensions on the drawing were incorrect and the variance request is to increase the size from 80 square feet to 120 square feet. � MOTI�N by Councilman Billings to grant Variance Request, VAR #g2-22, With the following stipulations: (i) the variance shall remain in effect until (a) the sign is altered in any way except for routine maintenance and change of inessages which makes the sign less in compliance with the requirements of this Chapter than it was before the alterations; {bj the support�ng structure of the sign is replaced or remodeled; (c) the face of the sign is replaced or remodeled; (d) the sign becomes clilapidated or damaged and the cost af bringing it into compliance is more than 50 percent of the value of said sign, at which time all of the sign and its structure be removed; and (e) notwithstanding paragraph (a) above, upon the change of the name of the business being displayed on the sign. Seconded by Councilman Fitzpatrick. MOTION by Councilmai� Billings to amend stipulation 1(a), strike the words "this Chapter" and insert the words "Chapter 214." Seconded by Councilman Schneider. 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. B. VARIANCE RE UEST VAR 92-23 BY JOHN ANll '�;L1� C:LU'1"1'�;K TO REDUCE THE SIDE YARU SETBACK FROM 1 EET TO 7 FEET TO ALLOW THE CONSTRUCTION OF A THREE- SON PORCH GENERALLY LOCATED AT 1324 SKYWOOD COURT N_ Ms. Dacy, Community Development rector, stated that this variance is to reduce the side yard s ack from 10 feet to 7 feet and a11ow expansion and conversio f an existing covered porch to a three 4J T N N.W. �'pRA'ER J I S4� a� V�R �� 92-22 f Ground Round Rest. l � , ' � ��. � sEC 2s ' ' r, �� CSq h � N� 4 L�►\ N �/2 ��TY C/TY 2� SEC � � . �� OF CO[ 2 N //I I SE< `�` � MX b�)" . �_ B �(,�• �_ (•� e �ii , LOCATION MAP ; �;�: SERV�E ROAD ti:, . ��.,�� .�,�i I .. 4 ! t` � - - • i I `� -- - - - - - � f ��, � + + A : _ __ � ._ . . . � � = , { �� _ � E- SIGN LOCATION ,_ rL �l e' ! �. ,. � - ' . ,N � �v� � _/..,� _ ' _ y +�rr t .._, iu � Y � V ,a .{ :\ t � t� . 6 � _ { - {Z � }---- - , •� u a �� -- -'- .. . / u � j ..� a�nR _ -. ...., -�:-_�s _ T� N � � , � %�-- . . . . . . � � + f , o '` D_ v�o1 ' -. ♦yz,- C_ I lw• -'� i T� �lt � 3►sq i ' e - Z 8�� C�c_ - 1iQ . _� `t Y ilMP 'p I o� / �CZi • . . . y•� o ➢ P➢p( . . v � p�p - F�� + . -� Q � � �r � ;� h `� . � L qr� vii ,a �o _ � '-`< - s., r i j� . FpM - i i � Y j� � • i1 i} LL o " w .-{ i 6 � . � pH . � Zr � Ut • _ A . V Z p � _ a 4 • ' � ! _ .� 1i'Pn t , � ia6 z �'�'L' '` -- . �: � . �----- t � - - ! r , «,� ., Z(,� °S� . ��p _ ' ��^,w ' 7 d �V y: - 1 • + L .. �=,--i- .; � - . <Ftn ►.:��; f=t� � 3a � �� a� - . � —_..._ i .. � _ _ 1fi� _ � p y- � � 1- � _ \ �� y_� vf~ "��c � .�_ e u/"��c .�r tl +- � .� �. .� a ' \ s +`. � - - ��s z� . � � 1 .� t J �� p_ n -t L Q � N U / '1 L / R � � 7{ � Y fi O � L � -� �� - m J• A � P! � 1 -. ` J i.. ! � U` Y • I � `��—f�� - , Z " �� O' I11 'b � ' j �^(� " 1�1 c<_. P� S (._ _ . O' _' � ' _ 7c ' 1 _ —Y—__ " _ "_— ' . , ' � _ • / �' . \ .. . " ' "` ' i • " ' " � \ . i . j .. � � -- ' c � r t r �. \ � `-_� �i -i r'IviL�.?V n p _� Z � � $� �= . ,Mp �;"��.o. .��` ce� I +y ML NM� � -� �vt�� tif N"�3L . . I l I L 1 �` � U �} • �1 L� p t� �� v' y U �� Y r � � � Y 0� 7 q d L � � y� � p � 1 Z �� Oq' t i�'""'�NL Zen ��1 ; 9 ., �� ,.,� pS�� ,w I � i� � [•� y0 • ��nK! 6 � y� (�+� . , �; r\I � o w 1 K V. . �i y � 1 p ; T �r q v?4 a .�� O vr �,.�SN �i � � . � 4 ♦ N n� r p,1 ( f ! 1 i �. 0 ; L tr , <y� � � .z �. `t 1 �� • AJ` t1`f�'.�'.1 wa �� `If ��i w« p�� (� `\\ . I b .,, � � � �'�� a o ` �'� �t��r; , i.� t. � t�' � ,t, �?� o�� i � .L i �;.�°,a ��q• ; "al 11�/•� � � �� L�� 11 � VI- 1� 1�� l� �-__ _-- . � y, , , . , ,, ,y ,,�� .,,,�, , -.-. _ .. . - - ; �.�_ o it� _.l .� ia ):�� 1..� .! �_ ti . . � 4M SITE PL.AN � � ; � 1 1 _ �'�'( �� l(, � � Kf Ul S � c� �� ,c Q � w L' ,u �u cL �� a� .r_ u oi o� ti (J W U d� � :- C1. N It1 (- p �� z o o� .v % >. E= n ui �-' w �� - O L m cz m � =N �-° ,-, c m a> ;. d �' V— � L Q 4� ni �_ �� ;� �iS �- C �� uj �li � C�j a� C m-Zi �U U �U �,S a � F- `w 'm o`� � n, al F= L O w 7 m E E �� v c> v � ` v U E a�' °' o' 2 a' i� ii �" m - W �cn No�Z� �.._^ �`a °�� N o� 2 p O � w � Rs :-' 27 o ii o 1- o G .� c 1 � a p � U L� C� U a o� � � ..� a o ��.� o u � c Z O � a-� � O� 2 � N . � u�O p: � n� `7 � �.� ~ z N Ql L C � N� _C] :- 1U >. — O � ch �U p U7 O C y' Sj c> O U Qi c) � .c� W F' ° �in �C �u �O p L 2 '? L : � vi � �� ' �n z w Q '3 �,, � � �u " '2 �3 :.l r� «r � _ � �� H U c W � m °� �� .? C.0 v� � 13 � m J o ni � �� p F m �� o � � o� _� C O�.N u� ci .ru �� "' � � i7 01 � � p N d� � �� C cD [: p C U� r) � W w U � �� V ? �X �: <� _ a U �N �u rn� �U' �O .O' �� oi cn � � � Z � P °� W :°_ �-. � ;( "� 7 � .:� 1C..i.i- O ul a � v �� , gl �' N>� � I t��a o�a� O. LL- � S I � � €, t � S , i i �d x j =_ � � � 3' i U , e=fi'�i -- ' �g 1 N ^� I 's2py� � �sap � 1 U / i��i��i 1 1 G _ � I . � _ _ � t ` t .V � ' _ f � C` Iii �' :3P!_'f`" �� :Sa= ii I m `!�C _ I>�;='�a. itl : � , C ' ' . i .. =f �;' _ � .E . :f��?; 11: = p i M e- >';� � (tl . I T i � i;? �yiE � ! V (J!I ;;`_ i3z � �`''�n,_v � `w � � i°�;;,�e f� M . _.rzifi `4� - � - I's3€g4;s � =_ l-.i?-- I' I _ 4N� � � � O a O � � .- � ��U � � *� � `� � `� �} 1 �Ql a�e1 o�� -p�°-�� ,�,zW�� 7 t- � ° � � �� 4 � �'� � �7�� ' i�� i � � � �'U un-��.� �� Q�v�� ?�� 7 �u,`�I � ��` 9 i�' �� p \ Q � Q � J j � � '� � v o .� 1� �� U - -�� vr � � �� y��° cn�Q� �' � t� -�� r� — v� �n ,� a a � �, � 7 � � � � W �, i� � � E� `I- ? � q� � �,�.w � �U"' ' � �� `� s� � � ��t�� -� a �� r Q�` � � O \ �(� � � � � � / 4.L � � � '� � � � ,}^ y J � 1 =�J f�1 Q � L/) � � 1, � t/� � � � � � � �J _t� . c� �� e a 0 Q � a � � �� , � w {�/ �� w� � �� ° � � � �� Q� �� ,-� � ` �i � �� 0 ; t� �' �a N �.. , O fi. �'� � � r� ��:.-.� p��='o ;: — o :. �r 3 r:: k°� =�y=S� �m � ��:� �� a �_ � � 9 �� 1 � g � �� d � m � -=w _ g 8 ,% �� 0 � � 9 �� W � � L a � � � � 9 � � _ � � � i ;��i�� U �s�=�� o===pp�� €gaa� �� _ -� . �� ,, � � �� o� �� s � � �� `� � � �� a : a ;� i� � a �o I� �, a. t � �1� �� I �� , � iW ..,. �� _ - — � � -. �i� �� y '� �I� . , , , ,T„ -�,_,,.., - - _ ' ._ ...�.,a. _..,_ .� . . � � �"�""'.' '/ r ...�. ----_. � � � ` I -� �^�w ^ � � � � f , ��'.��, �' � `�� . "�fl: :�:iJ: -�i�'�i: i'�i:':."'li'I: �'..1i;�: � �e� }�I, '_ �'�,�%�. NF.'M'€I�i �lIWI1MI��{ � � �{ �: • �:- �.. -�.�, , _..r: r:=�+,rf',.o ��y .,.. � \\ -r1—o,.'. � . �p��c�� — � � V : � ,••-- `]'.��+.�� --� �-�;�'�e� -'1 � � -r..--,.__ _ _ �,� ,,_.� ,_ ._---- _ �� i. �� s � "� � � t p�1 4 `�; � _ " ' � � ,, ; - -_ �=, ,'� �'�f I -- � ��,' _ - '� ' �: _.. �� ;�:�.. _�� . J �� - • iu,. y � � = � "- - '� ��+ II' ° " . �— � ! � � `--` ° ' r • Ir ', ' I • I' � �� , �,, . �'� � i �� i,� �� °�:a� �+ I � h:�;:.�. � i'M �.< . � _�.�,,� _ , „� . ...�,� � . �r. , � k; ,� � i� �.�� 't��` �I� � 1l1 �: . � �. �� ; 1� r , �i � �`� � ��1 � a ` : �� j � '� ' `'�i � 1 �l � �; �t. � �� , ,.... � '�� 1 � � � � ; � �a ,� � , kN , r .�'�'. ' y � •�,y �. . �� y��,�r�,M ( ,�� ,.v.,ns-> . �� .. . . . � � . . . . . t � . . . � `Y ' �'',�'.�..pk S TX-:r,: te,,,•..a-� 'h "�"`"�,1.'r3�'..,� . � . . _ � . K; R; � ��- . _'r- , . .�J�, _.� ,�«a.., � � i+► J _ K� _ � � � ,��i j _ _ • � � � ` .' �. � .. � � � t � w: _ ,,..�..,w.., _...�a..r:...w-:��...--.^-�� ..::. : � ; . . , ... . �. .... . .__c-... .--�c'�.:---._. �:1 � �"' .. r�-' . . . ... . . .. . _ , . .. . ... . . .t . . -::- ..�_�._.. � - , , . .� , a, ., �.,�;� � , ,. _ { ��t��'��1rN��r .:�_.:. �:::-,.:- �-�--�-� � ;�.:_.�... - ___:.. .rr.. �t':...y.�.,,r,r,,,,,,A,•'�` ,. , " , ; � rr _ . . 4 ` . t/ . . ., . . . � �. \l �. �� (.. '�i I . - . t M� , � ...... Rr: � . �� . _ . . .. �.17 �� ; _ . . . � � ii ,� . �� _ .. i . _ .__. _ ._... . - _.�._ , .. .� � � , � � , . _. .. :.. ; . . . ., � . _ . ., . . � ..._ . .�� . ' . . . . ' . . __._ � . , , t' l � ` _ ' `i 4',y . . i ' f • , �s �� '` e . . . . . , � � � �;� r7i a � � �—' „ I �; �, , �� _. _ ._ ._ � e� <� '� � � �`` ��~ �' `, ._ • � � � ` �� f '� �t �� -� � � _ � ��' ,� t,�� , �, �� _ _ � `; �- �� = . . - �` �� _ - �_�� : ;� �� __ � �i � � - t � � � �.�. . r - �� : � � 1 � �� _ � � 'u5� _ , � � r " � "� � � . . . , f .. . . }.:. � . k � _ � . . � „ . _ . . � : _ . � � : . - �� , ---'';, 's . " . � . ? � � "� �:. - h . . , ., .. , , � . ?. , � . ` , . - . . . � -� � � , � : � � � � f >� � -�"�'"_"�"'�"` � ; � __ _�_ , �- — � . ,� „� � , � � � � �.��.� � � �� , � � �`� ; ' ''�.�' _ . _ . " .. �� . . . �� . ; . .�ti-.' � : . ____.. . � � � , .. ` i!' I - � � - � .,, , ;. _ � ' _' � � ' iE'� J -_ _ � n; __ -- � �'1 ' � ,�; ., = :,, � . . . .. - ; ,� '; ; , , < < : � � ; .� �, a . � � � � * ' �-- � � ' i � � '_ � a. ,`� � � � ; � I i �1 ' - - :r--'s1'�Q .4 _. . e7y�,%'�a. .. _. _�� • � . . ' . . , . . � � � i � 8�� "� ��'np N�ej �.r.ea'.LC r ' « . i � A "'�....��„ ..� M ; . . . 1 ' I —�w�wi�� " � �....�.-k . . d . . y� � . � f.�. ,*'._i. ; ' • � . — . � � . - - . . � . { � � . , � . . . . . _ .t �..� � . . . � � - � f .j . _ '. �. °, � i . � : � � . . , . ' Y. . :s .' .: vr � a !� { � �%� q-.. . � . �� . ' . . . . �._N:�Y . ,� ' ; r � # �-"; 4 �' .: . � � � �` � . ' �- .,'< 1 .,+ >� i . t.\ y : 7 � . , � . .: � � . . t4 r i J � �a r _ r ' � } " ; � ,. ^ � �� 3 : r. i � , `�'; a 1 ~ �r °�t . . �, .f ' �� , _ . �3} . .rw �,�•� � .�.,� . � • , �� .. . i � . 1 � ', `.�� . � . . . �r� :: l.i , ' ^p 1 �, ' _ , � � ; '' � � r � � ��.� ��i S � '. ;.'� � ;� �� . . ,- � .a n � �. . . � � � , � � � � � � �� _ �� '.M r i - et i �� -r . §"�� a' 4 � ' i `. � . , �. `�. �,� < t,,. :.�,,, "^ , ,•. .�" :�1' � P f� t - ,� F_� x �',� s T N�y �` �« � s. �F ��: : j� i , ic�,� � � , � t � � � i � r �. � . Y�r � . - . + �� #� � � _ �+ � . V�F�S�v M j� i ! }�: � �a4a` t t �i � � � ,e�� r `. ° . , -j c i. � , ...r; �.J;�; t'" i > >=" 2 :.}� .r�"�� C'a�.�,.� .�'�s'. G:''' _ �� p+:T:9' * . ,.. � . '� . ._ . ��,� .. '��r'Z� i � �.�� .. . ..t, . . �.,i .�s�S� �J��iY, y, .._.. � �....f�.�..�. r S � . � � Communit Develo ment De artm � Y P p �t PLArnvnvG Da�vlsYON City of Fridley DATE: September 29, 1994 �/ �r- TO: William W. Burns, City Manager � FROM: SUBJECT: Barbara'Dacy, Community Development Director Scott Hickok, Planning Coordinator ' Steven Barg, Planning Assistant Consideration of Possible Amendment to Fridley City Code, Chapter 213 (Fences) INTRODUCTION: At the September 6, 1994, City Council meeting, Bruce Ackland, Vice President of Certified Auto Recovery, located at 3737 E. River Road, requested that the City consider amending Chapter 213 of the Fridley City Code to permit fences charged with an electrical current. Bil1 Mullis of 5entry Security Systems.also. attended the meeting, and described in further detail t-e t�pe of fencing that Certified Auto Recovery wishes to use on t�eir site. Mr. Mullis stated that his company has installed such fencing at numerous locations throughout the country, and it has been shown to be safe and effective in deterring criminal activity. Presently, Chapter 213.03 (copy attached) clearly prohibits any fencing charged with electrical current. Chapter 233.provides no variance procedure for the provisions of this code section. However, staff understands that the Council expressed interest in further researching this issue, and possibly amending the current ordinance. STAFF RESEARCH: Staff previously contacted seven neighboring suburbs and determined that four communities (Blaine, Brooklyn Park, Coon Rapids, and New Brighton) prohibit fences charged with electrical current, while three oth�rs (Brooklyn Center, Columbia Heights, and Moundsview) have no ordinance language addressing this issue. In addition, staff contacted the League of Minnesota Cities and requested that they research this issue to determine if other Minnesota cities have ordinance language permitting electrically. charged fences under any circumstances. Staff has not received this information as yet. William W. Burns September 29, 1994 Page 2 Staff also contacted five of the eight cities in which Mr. Mullis indicated that Sentry Security Systems has clients curre�ntly using electrically charged fencing. From this research, staff learned that none of these communities has ordinance language specifically permitting such fencing. In fact, three of these communities actually have ordinances which clearly prohibit such fencing. However, all five are presumed to be lawfully using these electrically charged fences, since they have been permitted through "de facto" variances (no such procedure actually existed), "grandfathering", or since no language prohibited them. (A copy of this research information is attached for your review). Based on a review of the zoning map and the location of commercial and industrial districts in relation to residential districts, electric fences should be allowed only in industrial districts as a special use permit, and a�t a reasonable distance from residential neighborhoods. Staff concluded that electrically charged fences are not appropriate for commercial districts, primarily due to greater public contact on these properties, and they are generally in closer proximity to residential districts. POTENTIAL ORDINANCE AMENDMENT: If the City Council wishes to pursue an ordinance amendment permitting electrically charged fencing, staff r.ecommends that the petitioner file a Zoning Text Amendment application to amend Fridley City Code Chapters 205.17, 205.18 and 205.19 (industrial districts only) to permit electric fences as a special use permit. In addition, staff suggests the following criteria be included: Z. 2. No electrically charged fence shall be located less than 500 feet from any residential zoning district boundary, or site used for residentiai purposes. The property owner shall submit a certificate of insurance in an amount not less than $500,000.00. 3. The property owner shall sign a hold hai-mless agreement indemnifying the City from any damage, loss or injury . relating to use of this fence. 4. The electrically a perimeter fence perimeter fence. fence be the only eharged Fence shall be located within no less than 18 inches from said In no case, shall an electrically fence on the property. 5. The electrically charged fence must be UL approved. 5A William W. Burns September 29, 1994 Page 3 6. Signage shall be placed on the fence containing a warning statement that the fence is electrically charged. 7. The fence shall be electrically charged between 8:00 p.m. and 8:00 a.m. Staff also recommends that Certified Auto Recovery simultaneously file a special use permit application, and that these two items be processed together. RECOMMENDATION• Prior to completing further research, it is appropriate for the petitioner to file the appropriate applications and fees, if the Council believes that an amendment is warranted. Our research, to date indicates that the fence can be regulated to address . public safety issues. Of concern is the fact that in three out of the five cases where these fences exist, the fence was installed first and permission was granted after the fact. Further, some of the cases seem to be isolated cases. Staff maintains its original recommendation to keep the ordinance as it is currently written. Should the�Council wish to amend the ordinance, staff reconimends the petitioner file the Zoning Text Amendment and special use permit applications. BD:da Attach. M-94-595 �L: � � t /. .. ` 113.01. DEFINITIDN t �; ;_��: \` 2I3. F�NCFS (Re�. 180j As used herein the teun "fe�ce" means and includes a structure or partition erected for the purp�se ��closing a pieoe of land or to divit3e a piece of land into distinct poztions. The term "fence' includes an enclosure about a f ield or any other place, and especially an enclosing structure vf wood, iron or -other material intended to prevent intrusion fron without or straying from within. (R,ef. 180) 213.02. PRNAT£ NULSI�NC.'E Any fence naliciously erected or maintained for the purpose of annoying the awners or occupants of adjoining property shall be c3eened a private nuisance. Any such owner ot 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 hezeb�► and may have such nuisance abated. 213.03. PROHIBITI�N It shall be imlawful for any person to construct and maintain or allvw to be oonstructed or maintained upon any pzoperty located within the.limits of the City of Fridley any barbed wire fence, or any fence'of inetal oonstruction or otherwise, which is charged or connected with an electrical curr�t in such a m�rv�er as to transr�it said current to persons, animals or things which might oome in oontact with same. 213.05. - DEFINITIO�N . ,.. , . _ _. 2i3.04. IAT LIl�S : ; � ; . Wheneve'r- a�fence is or-'shall-tie located up�n any pren:ises�_abutting �;: public property,_whether the sane be a street, alley� public way or � othezwise, the City may require the owr�er of the proPeztY upon which a fence now exists or is to be located to establish lot Iines upon saic3 progerty through the placing of permanent stakes located by a lioensec3 surveyor and otherwise approve8 by the Council. In any case, no survey:is necessary.and a perrut for the sarie when required may be issued on oertificate or affic3avit of the applicant that �he-� or she is` the 'owner of the pre:�ises u�p�n which such fence lies or is to be located. . 213.05. I,OCATIQd All fences must be located entirely upon .`.he private property of the person, finn or corp�zation constructing the sane or causing the fence to be so constru�ted and erected, except tha� adjoining property awners may agree in writing that said fence shall be lacatea on the c3.ivision line of their said properties. 5C PRIVATE NUIS�]CE :t,�_. r M �,.� � .� � ��. IiOCATLON 213-1 � - 213.06. SUBST�',2�'Z'ZAL OONS��CTIDN AAID 1!$A7II�T1' �Very fence, whensoever and howsoever constructed, shall be oonstructed in a substantial manner and of a substantial material, reasonably suitable for the purpose for_ which the fence is proposed to be used. �ery fence shall be maintained in a condition•of reasonable repair and shall not by reason of age, decay. acci8ent or otherwise be allvwed to beoor.�e ai�d reaain in a state of disrepair so as to be or t�d to be a nuisance to the injury of the public or any abutting properiy. Any fence which is aangerous by reason of its vonstruction or state of disrepair or is dtherwise 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 canpete�t court be repaired or r�oved as necessary to abate the nuisance caused or tendin9 to be caused thereby. 213.07. P�L�'IFS Any violati on of th i s Chapter i s a miscier:+eanoz anc7 i s subj ect to all penalties provided for such vio2ations under the provisions of �apter 901 of this Code. � 5D 213.07. SUSSTAIvTIAL OON.S132[7C'TION _ At�ID A�AT�2�Tr/. t` . • a • � �. tl .. �- � � �� r��:� , _ . -. . • �. -.. . . -. , } ; � 213-2 INFORMATION RELATING TO SENTRY SECURITY CUSTOMERS WITg. ELECTRICALLY-CHARGED FENCING IN OTHER CITIES NATIONWIDE * Cartaret, NJ - IAA has an electrically-charged fence in this community. The Cartaret ordinance prohibits such fencing, but the City Council granted a variance due to the low-voltage current transmitted by the fence in question. The only complaint received so far regarding this fence has been the original one. * CudahaY, WI - Certified Auto Recovery has a fence charged with electrical current. The City Council allowed this fence to remain (with modifications based on concerns raised by the City's eZectrical inspector) after learning of it through a complaint. At that time, the City had no ordinance language. addressing this issue, but they have since passed an ordinance prohibiting such fences. The only complaint received so far regarding this fence has been the original one. * Pittburg, CA - Sacramento Salvage Pool has a fence charged with electrical current. The Pittsburg ordinance prohibits such fencing, but the City Council granted a variance with stipulations that�the electrically-charged portion be on the . inside of the fence and the current be limited appropriately. The only complaint received so far regarding this fence has been the original one. * Rome , GA - Tip Top Auto Sales has a fence charged with an electrical current. This is permitted, since Rome has no ordinance language prohibiting such fences. The City has not received complaints regarding these fences. * Tulsa, OK - Auto Pool of Tulsa has an electrically-charged fence on its property in greater Tulsa County (outside of Tulsa). Since the County has full jurisdiction in this matter, and the County has many farms and ranches, such fencing is not specifically addressed in the zoning ordinance. and is considered to be permitted use. The number of complaints regarding such fencing is not known. 5E � _ � � � � :. Community Development Department� PLA►�VNING DIVISION City of Friclley DATE: September 29, 1994 L_ �r�� TO: William W. Burns, City Manager � FROM: RE: Barbara Dacy, Community Development Director Establish the Public hearing for Large Commercial Vehicles ' The City Council conducted a public hearing regarding modification of Chapter 506 to regulate the placement of large. commercial vehicles on residentially zoned property. The City . Council closed the public hearing until further analysis was completed on this issue. A revised ordinance has been drafted to respond to some of the testimony offered at April.'s publ�ic hearing as well as direction from the City Council. Because the ordinance has significantly changed, conducting a new public hearing is prudent. Recommendation: Staff recommends that the City Council establish Monday, October 17, 1994 as a public hearing to discuss the amendment to Chapter 506 regarding regulation of large commercial vehicles.� We have developed an extensive mailing list consisting of the people who testified at April's meetinq as well as those who signed the "cards". Unless otherwise directed, we will mail the notices to these individuals along with a copy of the proposed ordinance on Tuesday, October 4, 1994. BD:da M-94-587 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CiiAPTER 506, ENTiTLED ��VEHICLE PARRING��, BY AMENDING SECTION 506.02, "DEFINITIONS��, AND 506.13, ��PARRING IN RESIDENTIAL DISTRICTS�'; AND CHAPTER 128, ENTITLED �'ABATEMENT OF EXTERIOR PIIBLIC NUISANCES��, BY AMENDING SECTION 128.02, ��APPLICATION��; AND CHAPTER 11, ENTITLED �'GENERAL PROVISIONS AND FEES", BY AMENDING SECTION 11.10, ��FEES�� AND RENIIMBERING THE REMAINING SECTIONS CONSECUTIVELY The Council of the City of Fridley does hereby ordain as follows: 506. VEHICLE PARKING 506.02. DEFINITIONS 1. Bus - - -- - - -- --- - --- - - -- - - . "Bus" means every motor vehicle designed for carxying more than 15 passenaers includinct the driver, and used for transportinq persons. 2. Larc�e Commercial Vehicle.. A truck, truck-tractor, tractor, trailer, semi-trailer, or bus as defined herein having a licensed gross vehicle weiaht over 12,000 ounds. �3. ""�'��' � i�AM� Manufactured Home; park trailer; travel trailer �6�&. �, , �,.�.a= - ==i-e�: ,� "Manufactured home" has the meaning given it in section 327.31, subdivision 6. �"Park trailer" means a trailer that: � exceeds eight feet in width but is no larger than 400 square feet when the collapsible components are fully extended or at maximum horizontal width, and 2Z is used as temporary livinq quarters. "Park trailer" does not included a manufactured home. . ' Vehicle Parking Ordinance Page 2 �_ "Travel trailer'� means a trailer, mounted on wheels, that• 1Z is designed to provide temporarv living quarters - durinci recreation, campinq or travel; 2�, does not reguire a special highway movement permit based on its size or weight when towed by a motor vehicle; and � complies with sections 169.80, subdivision 2, and 169.81, subdivision 2. 3:4. Residential District. Means and includes those areas zoned single family dwelling. areas, two family areas, and general multiple.family areas.(Ref. 552 ) . . �5. Semi-trailer. "Semi-trailer" means a vehicle of the trailer tvt�e so desianed and used in conjunction with a truck-tractor that a considerable part of its own weiaht or that of it� load rests upon and is carried by the truck-tractor and shall include a trailer drawn bv a truck-tractor semitrailer combination. r6. Tractor. � � ��P��1�� N�!l�s�l7�\ �flMr��t�l ivL�f��wl�i�fR��i�f��L�i��i�ly��s1�lT "Tractor" means anv motor vehicle designed or used for drawing other vehicles but having no provision for carrying loads independentiv. �7. Trailer. . . "Trailer" means any vehicle designed for carrving propertv or passenger on its own structure and for beinct drawn by a motor vehicle but shall not include a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. .: Vehicle Parking Ordinance Page 3 �8. Truck. . !'Truck" means any motor vehicle designed and used for carrving things other than passenaers, excegt pickup trucks and vans included within the definition of passenqer automobile in subdivision 7. 5:9. Truck-z�r tractor. "Truck-tractor" means: - - -- - - -- --- - --- - - -- -- - ,� a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carrv a load . other than a part of the weiciht of the vehicle and load drawn; and .� a motor vehicle designed and used primarily for drawincr other vehicles used exclusively for trans.porting.motor vehicies and capable of carrving motor vehicles on its own structure. �10. Vehicle. - - -- - - -- --- - - - - -- - • ._ . "Motor Vehicle" means anv self-propelled vehicle _,not operated exclusive � upon xailroad tracks and any vehicle propelled or drawn bv a self-propelled vehicle and includes vehicles known as trackless trolleys which are propelled by electric power obtained from overhead trolley wires but not operated upon rails, except snowmobiles, manufactured homes, park trailers, and all-terrain vehicles. 506.13. PARKING IN RESIDENTIAL DISTRICTS #_A--��ss�-�1�a�3��r-}F-e�-�e�o�e s�a��g a-��tte�}�ae�e r ; � r�a-i - . ► , � �iPcz=r.�c.�-�i�6S�—L�E'i�� 6'bL�'�z�—r-8 ��6i�iz�'S � =oiri'ic�%%—u-cc23iR2�—�r � t�es s�ne�-��e �e�-e€-�e ad i-�g-e F..M ---`.� r===e�-e€-��e-�-eee�sa-��e-�ea��-e�-�-ea��-{-��: §�'� "�- sC Vehicle Parking Ordinance Page 4 1. One large commercial vehicle havina a licensed gross vehicle weight over 12,000 pounds may be parked on property in anv residential district provided it meets the followinQ reauirements. In no circumstances mav more than one larae commercial vehicle be parked on residentially zoned propertv. A. The vehicle owner must reside on the groperty. B. The vehicle owner must obtain a permit from the Fridlev Police Department prior to parking the vehicle on the proper�y. The permit is valid for a maximum of seven consecutive davs at which time the vehicle must be � removed from the property or another permit is obtained. In no case shall the vehicle be parked on the property in excess of one hundred twenty �120) days per calendar year. No permit shall be valid unless it is clearly visible from the public riqht of way and_is clearly displaved upon the permitted vehicle. C. The vehicle shall be�arked on a hardsurface drivewaY in compliance with the a�plicable zoning district requirements. D. Noise from idlina the enctine or starting the vehicle shall not exceed the decibel levels provided for in Chapter 124 of the Fridley City Code. E. The permitted vehicle shall be parked at least ten {10)_ feet from anY property line. 2. Recreational vehicles as defined in Minnesota State Statutes 168.011, Subdivision 25 are exempt from the provisions of Section 506.13.01. 3. School buses which are parked or stored on church properties and used in conjunction with church related activities are exempt from the provisions of Section 506.13.01. 4. Large commercial vehicles parked at hotels and motels as defined in Chat�ter 205 of the Fridley Zonina Code are exempt from the grovisions of this Section 506.13.01. 5. Large commercial vehicles not in compliance with the provisions of this Chapter shall be removed from the property bv March 1, 1995. Larqe commercial vehicles parked in violation of Chapter 506 shall be considered a publie nuisance and may be abated as provided in Chapter 128. . � Vehicle Parking Ordinance Page 5 6. No �erson sha11 park or leave standing a truck tractor, semi-trailer, bus, manufactured home, park trailer, travel trailer, or truck having a licensed aross weiqht over 12,000 pounds, whether attended or unattended, upon the public streets in any residential district unless in the process of loadina or unloading and then only for such period of time necessary to load or unload (Ref. 552, 741). 128. ABATEMENT OF EXTERIOR PUBLIC NUISANCES 128.02. APPLICATION This Chapter shall apply to the abatement of public nuisances maintained exterior to the principal structure involving junk vehicles (as defined in Chapter 123), large commercial uehicles having a�gross licensed weight over 12,000 pounds, which are in, violation of the provisions of Chapter 506, and outside storage of materials and equipment including, but not lim�ted to, dis-. used machinery, household appliances and �urnishings, tires, automotive parts, scrap metal, lumber, and all other materials deemed to create an exterior public nuisances as described in 128.01. ,. 11. GENERAL PROVISIONS AND FEES 11.10. FEES License and permit fees shall be as follows: CODE SUBJECT FEE 506 Commercial Vehicle $10/day or $50 for 7 Parking on Residential days. Property PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY. THIS DAY OF , 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading Publication: 6E WILLIAM J. NE.E - MAYOR' � _ � � N Community Development Departme�t PLA►NNING DIVISION City of Fridley DATE: September 29, 1994 1�• TO: William W. Burns, City Manager �71 FROM: RE: Barbara Dacy, Commumity Development Director Purchase Agreement with Custom Mechanical, Inc. At the September 19, 1994 City Council Meeting, the Couricil authorized staff to negotiate acquisition of the Custom Mechanical property at 5973 - Third Street N.E. The Council denied a Special Use Permit to re-occupy the building based on the intent to return the Hyde Park neighborhood to residential land uses. Carol and Don Dickison have agr�ed to the purchase price of $105,000.00. The City Attorney's office has prepared a Purchase Agreement for this amount for the Council's approval. Real Estate taxes will be pro-rated to the date of closing. The closing date has been set for Wednesday, October 5, 1�94 at 10:00 am. Recommendation: Staff recommends the City Council authorize the City Manager to execute the Purchase Agreement and closing documents as needed to acquire the property at 5973 - Third.Street. BD:da M-94-586 � :, .N1/ Form No.1519-CPA-1 (Nov. 92) MILLER-DAV�S IEGAL FORMS (672) 332-S�aa I COMMERC IAL-INDUSTRIA.L PURCHASE AGREEMENT BEFORE YOD USE OH SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN ATTOpNEY TO DETERMINE THAT THIS CONTRACT ADE�UATELY ' PROTECTS YOUR LEGAL RIGHTS. AAILLER-DAVIS LEGAL FORMS DISCLAIMS ANY LIABILITY ARISING OUT OF THE USE OF THIS FORM. Fridley ,�, October ,19 94 I RECENEDOF �e City of Fridley, a body corporate and politic the sum of Zer� _ ____ ($ 0.00 ) DOLI.AR: 5973 Third Street NE, Fridley as earnest money and in part payment for the purchase of propert} at _ situated in thE County of Anoka , State of Minnesota, and legally described as follows: Lots 27 and 28, Block 12, Hyde Park Addition togetherwithfollowingpersoaalproperty: outdoor electric siqn and c�ost ali of which propertq the undersigned has this day sold to the Buyer for the sum of �e Hundred Five Tkousand & 00/100 ($ 105, 000.00 ) DOLLARS, which the Buyer agrees to pay in the foilowing manner Earnest money herein paid $ 0.00 and $105, 000.00 , cash, on �tober 5, 1994 the date of closing �}�g�� i z } � � � ty" � YYYY4'Y ' � #��tLQ.ACJ� 4YYY •]S71f7dSZtXl . 1. DEED/IYIARKE"1'ABI,E TITI,E; gubject to pert'ormance by the Buyer, the Seller agreea to execute and deliver a— Warranty Deed conveying marketayle title to said premiaea subject only to the following excep�one: (a) Buiiding and zoning laws, ordinances, State and Federal regulations. (b) Restric�ona zelating to i:se oz improae_^.!ent of the premiees without effective forfeit�u+e provision. (c) iteservation of any minerale or mineral righte to the State of Minnesota (d) Utility aad drainage easements which do not iaterfere with present improvements. (e) Righte of tenants se followa: None 2. 3. REAI. ESTATE TAXE3. iteal estate taxea due and payable in the year of cloaing ehall be prorated between Seller and Buyer or. a calendar year basis to the actual date of closing unless otherwiae provided in this AgreemenL Real eatate Yaxes payable in thE years prior to cloaing ahall be paid by Seller. Real estate taxea payable in the yeara subaequent to closing ahall be paid by Buyer. SPECIAL ASSESSMENTS, [Strike out one.) BUYER AND SELI.ER SHALL PRORATE A3 OF THE DATE OF CLOSING on the date of closing all installments of apecial asseasmenta certified for payment with the real estat,� taxea due aad payable ia the year of cloaing. [Strike out one.] / SELLER SHALL PAY ON DATE OF CLOSING all other apecial assesament� levied as of the date of this Agreemen� [Strike out one.] / SELI.ER SHALL pROVIDE FOR PAYMENT OF special aseesameats pending as of the date of this Agreement for improvementa that have been ordered by the City Council or other governmeatal asseasin� authorities. (Seller's proviaionforpaymentshall be by paymentintoescrow of l l/2 timee the estimated amountofthe aseeasments: If a speciai asaesement becomea pending after the date of thie Agreement and be4ore the date of cloaing, Buyer may, at Buyer s option: (a) Aeeume paymeat of the pending epecial assesament without adjuetment to the pur�haee price; or (b) Require Sellef to pay the pending epecial aseenement (or escrow for payment of same a sum equal to 11/2 timea the projected pending asseadment; and Buyer shall pay a commeneurate increaee in the punchase price of the property, which increase ehall be the same as the eatimated amount of the aseeasment; or (c) Declare this Agreement null and wid by notice to Seller, and earnest money ehall be refunded to Buyer. Seller shall pay on the date of closing any deferred real eatate taxes or apecial assessments payment which is required as a reault of the cloaing of thie sale. 4. PRORATIONS. All itema cuetomarily prorated and ac�juated in connection with the cloaing of the sale of the property herein including but not litnited to rente, operating expeneee, interest on any debt aesumed by Buyer, ehall be prorated as of the date of cloaing. It ahall be aesumed that the Buyer v�nU own the property for the entire date of the cloaing. 5. DAMAGES TO ItEAL pRppER,Ty, If there ia any loes or damage to the property between the date hereof and the date ot cioeing, for any reaeon, the risk of loae ehall be on the 3eller. If the property ie deatroyed or eubetantially damaged before the cloaing, thie Purchase Agreement ehall become nuil and void, at Buyer'a option. Buyer shall have the right to terminate thi� Purchaee Agreement within 30 days after Seller notifies Buyer of auch damage. Upon eaid termination, the earnest money ahall be refunded to Buyer and Buyer and Seller agtee to aign a cancellation of purchase agreement 7 A page one A✓//Form No.1519-CPA-2 (Nov. 92) \i01�i1�L`,R.lilLllt�L V �,71 i7.i['sl. PUR.CHASE AGAEEMENT Address Page 2 MILLER-DAVIS LEGAL FORAAS (6t2) 332-S�aa EXAbIINATION OF TITLE. Within a reasonable time after axeptance of this Agreement, Seller shall furnish Buyer with an Abstract of 15t1e or a registered Property Abstract certified to date including pmper searches covering bankruptcies and State and Federal judgments, liens, and levied and pending special assessments. Buyer shall have 10 business days after receipt of the Abstract of Title or Registered Property Abstract either to have Buyer a attorney examine the title and provide Seller with written objertions or, at Buyer's own expense, to make an application for a title insurance policy and notify Seller of the application. Buyer shall have 10 business days after receipt of the commitment for title inswance to provide Seller with a copy of the commitment and written objections. Buyer shall be deemed to have waived any title objections not made within the applicable 10 day period set forth above, exceptthatthis shall not operate as a waiver ofSeller a covenantto deliver a Warranty Deed, unless a Warranty Deed is not specified above. If any objection is so made, Seller shall have 10 business days from receipt of Buyer's written title objections to notify Buyer of Seller s intention to make title marketable within 120 days from Seller's receipt of such written objection. If notice is given, payments hereunder required shall be postponed pending correction of title, but upon correction of title and within 10 days after written notice to Buyer the parties shall perform this Purchase Agreement according to its terms. If no such notice is given but title is not corrected within the time provided for, this Purchase Agreement shall be null and void, at option of Buyer; neither party shall be liable for damages hereun der w th e other and earnest money shall be refunded to Buyer; Buyer and Seller agree to sign cancellation of Purchase Agreement. If title to the property be found marketable or be so made within said time, and Buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the Seller may terminate this contiact and on such termination all the payments made upon this contract shall be retained by Seller and agent, as their respective interests may appear, as liquidated damages, time being of the essence. This prnvision shail not deprive either party of the right to enforce the specific performance of this contract provided this contract has not been terminated and provided.action to enfone such specific performance shall be commenced within sia months after such right of action shall arise. l. POSSESSION. Seller shall deliver possession of the property on the date of closing. i. REPR.ESENTATIONS AND WARRANTiES. See attached addendum. �. TII1� IS OF THE ESSENCE FOR. ALI. PftOVISIONS OF TffiS CONTltACT. 10. WELL DISCLOSURE STATEMENT: Buyer has received the well disclosure �tatement •required by Minnesota Statutes Sec. 103I.235. BUYER AND SEI3.ER IIvIT7Ai.: Buyer(s) �� Seller(s) �� 1�. 9FFPiC S�Y3�1 D�9QAHFZE. Sell.� oerti.fias ttat the doas rnt o a s I il. ADDENDA Attached are (number) addenda which are made a part of this Agreement 12. MISCELLANEOUS PROVISIONS. (a) .SurvivaL All of the warranties, representations, and covenants of this Agreement shail survive and be enforceable after the closing. (b) Entire Agreement; Modification. This Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the property. There are no verbal agreements that change this Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. Cc) Successors and Assigns. If this Agreement is assigned, all provisions of this Agreement shall be 6inding on successors and assigns. 13. ACCEPTANCE DEADLINE, This offer to purchase, unless accepted sooner, shaU be null and void at 11:59 P.M. , and in such event all earnest money shall be refunded to Buyer. DbSCLOSE3 HE Oit SHE IS REPRESENTIIVG THE IN TffiS TiiA1V3ACTION. T� LISTi�ti'��rc TRANSACTION. BLJYER AND SELI�R IrTITIAI� TAIS LS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE. Dated: 2g l �l' � Dated• SELLER BUYER SELLERi� ^ BUYEK � SELLING AGENT : CITY OF FRIDLBY MEMOjtANDIIM TO: WILLIAI�i W. BURNB, CITY MANAGLR � � FROM: RICHARD D. PRIBYL� FINANCE DIR$CTOR WILLIAI�i A. CHAMPA, CITY CLERR SIIBJECT: ELBCTION JIIDGES FOR NOVLMBER 8 GENSRAL ELECTION DATE: SBPTBMBER 29, 1994 The attached resolution appoints election judges for the November 8, 1994 General Election. Lists of judqes were provided by the Democratic-Farmer-Labor Party and the Independent-Republican Party. The judges have been selected from both the DFL a�d IR lists in accordance with State Statutes. Additional judqes were added once these lists were exhausted. If you have any questions concerning this resolution, piease give Bill Champa a call at extension 523. :� t RS80I�TI�T �U. - 1994 •J:r: • 1 •' V:r_ r r. 1. •• 1 • s.:r] i� •• � � f [a •. I�� r:r_' '�1' �:1: • � :r I:�:�' M .'� : V• �;n,� /�'�: t':r1 I:ii'!• .a A •�. NaW, �, B� IT R�'SOLVID by the City Uouu�cil of t1�e City of Fridley. Anoka C7ountY, Miruzeso�ta, at a regular meeti� cai October 3, 1994. SECI'ION 1. Z3�at an the Sth day of No�v+embar 1994, there shall be a statewicle electioaz ar�d an electiori for the puYPose of vatiryg a� the follawir�g: •• �i a�r i:� i:�:��._ ,y� •u �. SECI'ION 2. �at the pollinq plaoes for said electiori shall be as follo�ws: Ward 1 Precirict 1 Ward 1 �'x�ecinct 2 Ward 1 Precinct 3 Wat�d 1 Pi�eci tx.'t 4 Warrl 2 F'recirrct i Ward 2 Pt�ecinct 2 WaL�d 2 Px�ecir�ct 3 Ward 2 Px�ecinct 4 Ward 3 i'Y�ecix�ct 1 Ward 3 P1�ecirict 2 Ward 3 Pi�ecirict 3 WazYl 3 Pt�ecir�ct 4 Grac�e Evar�gelic;al Free Churc•h Hayes Elesnentary Sc�iool �idley M�icipal Qeriter Fridley Senior High W�ood�t Elaoer�tary Sc�ool Kni�ts of (blwt�u.s St. F�hilip's Iutllexarr dnarc� North Park Elementary Sc�ool Sp�ingbrook Nature Oer�ter R�leemex Iuthexan � Stevensori Eleneritary Sc��ool F'Y�.dley GbvenarYt t�n� SEGTION 3. _ Zizat tiY�ee polliryg plaoe will be open fi+om 7:00 a.m. t�o 8:00 p.m. SFX,TION 4. Zl�at th�e follawit�g peaple are hereby appoirri��ed to act as Juclges for said election exoept that the City C1erk is i�erevy auth�orized to appoixYt qualified substitutes as set forth in Chapter 4, Sectiari 4.05 of tY�e City Clzarter. V�2D 1 PR�CIldGT 1 *C�rolyn Iiol.meti Eunioe 0'Nei1 iiaYriet Ki.sh Jearu�e J� ��te M�citexizie Doris Zl�amas.son i�iRD 1 PR�GIIIGT 2 *Arlene Linton Marlys Kranz Marlys Jd�n.son Angeline Westrnari Lind�a �lstraia Ruth Hus.s Marietta I%1� �Y � Ar� Barrg�'i Marlene Sd�or�ebawn Marian Ertl Icuise I�bl�p Marie�tta E'verttz Dori.s Nord Mauraen Wbodard M�rc�exite Gilbert c,�olyn Bethel Carolyn Doyle Oksana Hawiyluk Carole Blaska : � Page 2-- Resolutiotz No. - 1994 (�RD 1 PR�CIlJGT 3 *Bernadette Hovy Rose9naYy Jahnsoaz Maria Zi�bey S'usan Alvite' Doro�tiry Veres Adeli.ne Musi.al Beth Zelenak �TtD 1 PRD�IIJGT 4 *Muriel Pdoneray Janive I�oc�g Margie Raser�dahl Darlen�e Sammairoo Carolyn Larc.,,ori Marlene O' Do�el �RD 2 P1�E7CINCT 1 *'I�eresa I�ub Marlys Dtu�lap Argl �1�1d]el He1en Fb�wler Kathryn Arel WAI2D 2 PRD�IIJGT 2 �TaAnn �d�Olm BettY ZY�oanas Marie Goerdt Patty Galligan Daiglas B1ase Da�m Eexijamin �RD 2 P1mCIl1CP 3 *Dori.s Reir�ers Cynthia Var�erf Natalie Lot�omer rrarilm see�man Arm Willi�aa►� Jay+oe C�ooke Do� Er�naruz i�1RD 2 PR�CIlJCT 4 *.7ackie Walther Naida Kruger Doraine Ne�wlar�d Marj ie Da�glis F'rar�cis Reru��er Jeanette Priebe Inoa R�11y Dee TYV�ehl Carrie Bakken Dolct�es Ste.ir�ert Nina Iarydt It�tli Syidow Jean Ooyle Marlys Lisawski �line Haidle Sylvia Weeks Marlene O'Donnell Rat2�yn Martin �Y � _ �, �. � .� . - . . -,..�� - . . _ . , ._- � d� . -. - Jan Hebe'Lc,en �Y � Shirley �icJcsai l�uriel Ke1seY �e Ovelle�tte Qo�rine X�irkhaan Jeanette T.ir�n�i�t- Dori.s Moau��ss Reqina ZbnY MaYge Korin MaYy Am It�xner Sama Iaquint Delores Mellwin �irley Mo�oAan i�atnld Dwire Elear�or Iieyda F�hyllis F�icksaaz Maureen zgut�awicz . - Page 3-- Resolutian No. - 1994 �RD 3 PRE]CII1C.T 1 *B�tty Boriine Jarl�t Katl�mian Myrtle Morpt�ew Ii1Vn1T1� Gimni 7 7 Alive Ar�d�eYSOn Joan I�oa�ard i�12D 3 PI�E7CINCT 2 �7o�+dis Mittlestadt Marlys Hir�sverk Qor�ie Saa�aielsari Margaret �leY BettY Soatt Marija Netz Wilfred Raeker Marie Nelsoaz i�RD 3 PRDCIIIGT 3 *Inene Maertpx�s Darler�e Vall.in Velma Farr Kath�yti �t�nm Iar�y O�C Jae Novak i�iRD 3 PRF7CII�TCT 4 iej,pj,8 pclljqC��i �1- Gerty Wolsfeld Jane H�an Do�na Novak Patty IarSOn BettY Ne]-sor� :�� l�i.er: i • � r� •J M� �i' �.� •ii' �� 7 t`arol Kalan Viola Lamberc��t Ray Olsori Sharori James Jane Si�son Carol Jdu�son Gladys ?�oDt I�bY Hall Diane Graham Marlis.s Westenfield Dorothy Sielaff Joe l�uYphy . � - ... a�. . �. - �o - •. - e ..- . �.t L3VE'1'Tl�' RO5@�1 Fat Welf Bev Steeves Ma�do�na Arel Bet7 �or� -_ r� - •�t�_.�7 . �� J Page 4— Resolution No. - 1994 SF7CrI�T 5. 'II1at the follv�►inJ ]� � aPPoirYted to act as chairmen of the Election Boanl for the precirr.�ts designatsd anci shall hav�e the duties set forth in Sectio� 204B.20 of l�a�;a Statutes. Ward 1 Precit�ct 1 Ward 1 PrecirrCt 2 Ward 1 Precinct 3 Ward 1 Pt�ecinct 4 Ward 2 Precit�ct 1 Ward 2 Pt�eci,lx,�t 2 Ward 2 Pt�ecinct 3 Ward 2 Precinct 4 WaYd 3 Precit�t 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Wal�d 3 PreCil�Ct 4 Carolyn Ii�lme� Arlene Lint�an eetz�adette Bavy Muriel Peme�+oy Teresa� Iiub Jai�tvi QedeYi�olm Do�is I�ine�s JacJcie Waltl�ex BettY Boriine Jordis Mittlestadt Irene Maertens Lois Fa�or��i �t SE7CrION 6. �a�er�satiori far said Jud�es will be pai,d at the rate of $7.00 per h�air for regular Judges ar�d $7.50 for the CY�aizpersal of the Electiori Board. �. . • .. - a� � � i « •. «s . � � « . � • �. r � . � . A'I'I.�ST: � • r• i• • M w�•r �� _�J wrrr.r�r J. NEE - 1NAY�2 TO: :�ii WIWAM W. BURNS, CITY MANAGER �� , � RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: 1995 SCHOOL REFERENDUM LEVY RETURN AGREEMENTS DATE: SEPTEMBER 28, 1994 Attached are the 1995 School District Referendum Levy Retum Agreements to be placed on the City's agenda for Monday, October 3rd. These annual agreements have been approved by the HRA Commission and they have agreed to retum the full amourrt of the tax increment for payable 1995. After approval and the appropriate signatures have been obtained on alf documents, please retum them to me so I can forward to the School Districts . to obtain their signatures. The estimated total levy retum for 1995 before delinquents is $310,941. This is the same as the calculated amourrt for 1994. fn 1995, no TIF DistrictslCounty ID's terminate and we feel their will be no significant changes in the overall market values or any major settlements. The table below breaks the referendum levy retum down by school district : School District 11 13 14 16 Total ATTACHMENTS roie . "mnere� Calculated 1994 $16,416 $2,648 $232,531 $59,345 310 940 Estimated 1995 $16,416 $2,648 $232,531 $59,345 10 940 Percent Change 0.0% 0.0% 0.0% 0.0% 0.0% AGREEMENT This Agreement is dated as of January 2, 1995, is by and between the City of Fridley, Minnesota, and Independent School District No. 11, and provides as follows: 1. Definitions. As used in this Agreement, the following terms have the following meanings, respectively: "Citv" means the City of Fridley, Minnesota. "HRA" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "Project" means Redevelopment Project No. 1 established and operated by the HRA pursuant , to Minnesota Statutes, Sections 469.001 through 469.047. 27t614.2 "'1985 Revenue Bonds", means the HRA's $4,070,000 Tax• Increment Revenue Bonds �of 1985, dated May 1, 1985. "Limited Revenue Note" means the HRA's. $5,603,755.80 Limited Revenue Capital. Appreciation Tax Increment� Note, dated December 20, 1985. "1985 G.O. Bonds" means the City's $11,550,000 Variable Rate Demand General Qbligation Tax Increment Bonds, Series 1985, dated December 30, 1985. � "1986 G.O. Bonds" means the City's $10,045,000 General Obligation Tax Increment Refunding Bonds, Series 1986, dated as of August l, 1986. "1990 G.O. Bonds" means the City's $9,485,000 General Obligation Tax Increment Refunding Bonds of 1990,`dated March l, 1990. "1992 G.O. Bonds" means the City's $4,030,000 General Obligation Temporary Tax Increment Bonds, Series i992C, dated December 1, 1992. • � nTax Increment Obligations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the 1990 G.O. Bonds, the 1992 G.O. Bonds, and any other contractual obligations of the HRA or the City which were entered into prior to the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Districts" means Tax Increment Financing District Nos. 1 through 12 within the Project. The attached-Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Independent Schooi District No. 11, the Anoka School District. "Subdivision" means Minnesota Statutes Section 469.177, Subdivision 10 (a copy of which is attached hereto as Exhibit Bj. 2. Recitals. (aj In certain cases, the Subdivision either requires or allows by agreement certain tax increments attributable to school district referenduia tax levies to be paid to school districts. (bj A portion of TIF District No. 3 is located within the boundaries of the School District. (c) None of the property within TIF DiStriCt NOS. 1, 2, 4, 5, 6, 7, 8, 9, 10, 11 and 12 is located within the boundaries of the School District. (d) It is the purpose of this Agreement to provide for payment of certain tax increments to the School District pursuant to z�,8,�.z 9� and in accordance with the provision of the Subdivision. (ej Nothing in this Agreement is intended to violate the covenants and agreements heretofore made respecting the application of tax increments from the TIF Districts pursuant to the Tax Increment obligations. 3. Representations of the Ci�. (a) The Tax Increment Obligations were issued to finance various activities of the HRA within the Project. (b) The 1985 Revenue Bonds are not general obligations of the City or the HRA. Tax increments from TIF District Nos. 1 through 5 are pledged to the payment of the. 1985 Revenue Bonds, and there are no other sources of funds pledged to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February l, 1999. (c) The Limited Revenue Note is not a general obligation of the City or the HI2A and is payable solely from tax increments pledged for such purposes from TIF District No. 6. 4�' {dj The 1985 G.O. Bonds were payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds was February 1, 2000. However, on February 1, 1990"; the City discharged the 1985 G.O. Bonds by paying all then outstanding principal thereof and interest thereon. (e) The 1986 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds is February 1, 2000. However, the City has advance refunded the 1986 G.O. Bonds via the issuance of the 1990 G.O. Bonds, and the City expects pursuant to said refunding that all of the principal of and interest on the 1986 G.O. Bonds will have been paid on or before February 1, 1994. 2T18i4.2 9 C3 (fj The 1990 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1, 2, 3, and 6, and the final scheduled principal maturity of those Bonds is August l, 2009. (g) The 1992 G.O. Bonds are payable, to the extent permitted by applicable law, from tax increments derived from TIF District Nos. 1 through 12, and the final scheduled maturity of those Bonds is December 1, 1995. (h) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, and the.1986 G.O. Bonds, the 1990 G.O. Bonds, and the 1992 G.O. Bonds were outstanding on May 1, 1988, and/or are outstanding on the date of this Agreement. 4. Representations of the School District. (a) On October 5, 1982, the electorate of the School District approved a continuous 6.0 mill levy first effective for the 1982 payable 1983 property taxes. This levy is hereinafter referred to as the "1982 Levy". (bj On October 6, 1987, the electorate of the School District approved a 6.0 mill continuous levy first effective for the 1987` payable 1988 property taxes. This levy is hereinafter referred to as the p1987 Levy". {c) According to the Minnesota Department of Education, for purposes of the above-mentioned referendum levies the tax capacity rate equivalent of 6 mills is .06999697. 5. Pavment of Tax Increments to School District..The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and to the extent received by the HRA, with respect to the tax increments relating to the 1994 payable 1995 property taxes, as follows: TIF District No. 3. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 3 which is attributable to the 1982 Levy and the 1987 Levy shall be paid to the School District. ��,8,4.z 9D4 6. Further AQreements. Nothing in this Agreement is intended or shall be applied in such a manner as to violate the obligations and covenants made by the City or the HRA in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application of the terms of this Agreement would give rise to a violation of said obligations and covenants, including without limitation, the defauit in the timely and full payment of the Tax Increment Obligations, the applicable tax increments shall be applied instead in the manner, but only to the extent necessary, to avoid such default or other violation of said covenants or obligations. Nothing in this Agreement shall restrict the City or the HRA in the exercise of the powers which they may have relating to the Project or the TIF Districts. In addition, the City and the School District agree that the provisions of paragraph 5 providing for payment of tax increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1994 payable 1995 real estate property taxes, and at the conclusion of said period, the City and the School District agree to review the circumstances and to attempt to negotiate.in good faith such further agreement or agreements as may be permitted. by law and which are acceptable to both the City and School District with respect to discretionary payments of such applicable tax increment to the School District, IN WITNESS WHEREOF, the City and the School District have caused this Agreement to be executed by their duly authorized representatives. CITY OF FRIDLEY, MINNESOTA, Mayor City Manager INDEPENDENT SCHOOL DISTRICT NO. 11 School Board Chair Superintendent z�,8,4_� 9E5 i . EXHIBIT A Schedule of Tax Increment Financing Districts Within Housing and Redevelopment Project No. 1 of the Fridley HRA TIF District 1 2 3 4 5 6 . 7 8 9 10 11 12 271814.2 Name Center City Moore Lake North Area� Johnson Printing/ �Skywood Mall Paschke Lake Pointe Winf ield Shorewood Onan/Old Central Northco Phase III Osborne Crossings McGlynn Bakeries 9F Certification Date 5/11/79 7/31/81 5J19/82 1/20/84 3/15/84 12/24/85 10/22/86 10/24/86 9/7/89 4/10/90 1/31/92 3/5/92 : Indep�.tident School District No. 14 13/14 11/16 13/14 16 13 16 14 �. 16 16 16 � 14/16 � Exhi�bit B Subd. ! 0. Pa}-ment to school for referendum le��. (a) The pro•-isions of this subdivi- sion appiy to tax increment financing districts and projects for ��•hich certification was requested before `tay 1, 1985, that are located in a school district in ��•hich the voters have appro�•ed neu• local tax rates or an increase in local tax rates after the tax incre- ment 6nancing district was certified. (b)(1) If there are no outstanding bonds on �fa�� 1_ 1953_ to �� hich increment from the district is pledged, or if the referendum is appro��ed zfter �tay I, 1988, and there are no bonds outstanding at the time the referendum is appro��ed, that k�ere issued before A4ay 1, 1958, the authority must annuaily pay to the school district an amount of increment equal to the increment that is attributable to the increase in the local tax rate under the referendum. (2) If dause (I) does not apply, upon approval by a majoritr,�oie ofthe go�•erning body of the municipality and the school bo.ard, the auihority must pay to the school district an amount of increment equal to the increment that is attribut2ble lo the increase in the local tax raie under the referendum_ (c) The amounts of these increments may be expenc�ed a, d musi be treated by the school district in the same manner as pro��ided for the re�-enues c�eri�-ed from the refer- endum le�y appro�-ed by the ��oten. The pro�';sions of this subdi�•ision apply to projects for w�hich cenification ��as requested before, on, and afier �ugust 1, 1979. 9G � , ..� • . �; AGREEMENT This Agreement is dated as af January 2, 1995, is by and between the City of Fridley, Minnesota, and Independent School District No. 13, and provides as follows: 271812.2 1. Definitions. As used in this Agreement, the following terms have the following meanings, respectively: "Citv" means the City of Fridley, Minnesota. . �"HRA" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "Proiect" means Redevelopment Project No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.001 through 469.047. "1985 Revenue Bonds" means the HRA's $4,070,000 Tax Increment Revenue Bonds of 1985, dated May l, 1985. � "Limited Revenue Note" means the HRA's $5,603,755.80 Limited Revenue Capital Appreciation Tax Increment Note, dated December 20, 1985. "1985 G.O. Bonds" means the City's $11,550,000 Variable Rate Demand General Obligation Tax Increment Bonds, Series 1985, dated December 30, 1985. • "1986 G.O. Bonds" means the City's $10,045,000 General Obligation Tax Increment Refunding Bonds, Series 1986, dated as of August l, 1986. "1990 G.O. Bonds" means the City's $9,485,000 General Obligation Tax Increment Refunding Bonds of 1990, dated March 1, 1990. "1992 G.O. Bonds" means the City's $4,030,000 General Obligation Temporary Tax Increment Bonds, Series 1992C, dated December 1, 1992. 9H z��s�z_z "Tax Increment Obliqations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds the 1990 G.O. Bonds, the 1992 G.O. Bonds, and any other contractual obligations of the HRA or the City which were entered into prior to the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections-469.174 through 469.179. "TIF Districts" means Tax Increment Financing District Nos. 1 through 12 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Independent School District No. 13, the Columbia Heights School District. "Subdivision" means Minnesota Statutes Section 469.177, Subdivision l0 (a copy of which is attached.hereto as Exhibit B). 2. Recitals. (a) In certain cases, either requires or allows by tax increments attributable referendum tax levies to b districts. �:. .�;., , the Subdivision agreement certain to school district e paid to school (b) TIF District No. 6 is located entirely within the boundaries of the School District, and a portion of TIF District Nos. 2 and 4 are located within the bo.undaries of the School District. 2 91. z7is�2_z (cj None of the property within TIF District Nos. 1, 3, 5, 7, 8, 9, 10, il and 12 is located within the boundaries of the School District. (d) It is the purpose of this Agreement to provide for payment of certain tax increments to the School District pursuant to and in accordance with the provision of the Subdivision. . (e) Nothing in this Agreement is intended to violate the covenants and agreements heretofore made respecting the application of tax increments from the TIF Districts pursuant to the Tax Increment Obiigations. 3. Re�resentations of the City: (a) The Tax Increment Obligations were issued to finance various activities of the . HRA within the Project. , (b) The 1985 Revenue Bonds are not general obligations. of the City or the HRA. Tax increments from TIF District Nos. 1 through 5 are pledged to the payment of the 1985 Revenue Bonds, and there are no othEr sources of funds pledged to the payment thereof. The. final schaduled principal maturity of the 1985 Revenue Bonds is February l, 1999. (cj The Limited Revenue Note is not a general obligation of the City or.the HRA and is payable solely from tax increments pledged for such purposes from TIF District No. 6. (d) The 1985 G.O. Bonds were payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds was February l, 2000. However,,on February 1, 1990, the City discharged the 1985 G.O. B.onds by paying aTl then outstanding principal thereof and interest thereon. 3 9J z�aa�z_z (e) The 1986 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1 through 6, and the fina� scheduled principal maturity of those Bonds is February 1, 2000. However, the City has advance refunded the 1986 G.O. Bonds via the issuance of the 1990 G.O. Bonds, and the City expects pursuant to said refunding that all of the principal of and interest on the 1986 G.O. Bonds will have been paid on or before February l, 1994. (f) The 1990 G.O. Bonds are payable from tax increments derived from TIF District Nos. .1, 2, 3, and 6, and the .final scheduled principal maturity of those Bonds is August 1, 2009. (g) The 1992 G.O. Bonds are payable, to the extent permitted by applicable law, from tax increments derived from TIF District Nos. 1 through 12, and the final scheduled maturity of those Bonds is December 1, 1995. (h) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, and the 1986 G.O. Bonds, the 1990 G.O. Bonds, and the 1992 G.O. Bonds were outstanding on May 1, 1988, and/or are outstanding on the date of this Agreement. '1; 4. Ret�resentations of the Schoo2 District. (a) On October 5, 1981, the electorate of the School District approved a 5_O mill continuous levy first effective for the 1981 payable 1982 property taxes. This levy is hereinafter referred to as the "1981 Levy". (b) On September 23, 1986, the electorate of the School District approved a 7.0 mill continuous levy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred to as the "1986 Levy". (c) According to the Minnesota Department of Education, for purposes of the above-mentioned referendum levies the tax capacity rate equivalents of 5 mills and 7 � � z7�a72_z mills are .06162496 and .07875910, respectively. (d) On November 6, 1990, the electorate of the School District approved a.08 tax capacity rate levy authorized for 7 years and first effective for the 1990 payable 1991 property taxes. This levy is hereinafter referred to as the "1990 Levy". 5. Payment of Tax Increments to School District. The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and to the extent received by'the HRA, with respect to the tax increments relating to the 1994 payable 1995 property taxes, as follows: (a) TiF District No. 6.` Since the 1981 Levy � was �approved before the date of certification of TIF District No. 6, the Subdivision does not apply to that Levy with respect to this District, and no tax increments attributable to said Levy from this District are payable to the School District. Pursuant to clause b(2) of the Subdivision, the -tax increment from TIF District No. 6 which is attributable to the 1986 Levy and the 1990 Levy shall be paid to the School.= District . "�' (b) TIF District No. �. Since the 1981 Levy was approved prior to the date of certification of TIF District No. 4, the Subdivision does not apply to that Levy with respect to this District. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 4 which is attributable to the 1986 Levy and the 1990 Levy shall be paid to the School District. (c) TIF District No. 2. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 2 which is attributable to the 1981 Levy, the 1986 Levy, and the 1990 Levy shall be paid to the School District. 5 r�� 6. Further Aareements. Nothing in this Agreement is intended or shall be applied in such a manner as to violate the obligations and covenants made by the City or the HRA in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application-of the terms of this Agreement would give rise to a violation of said obligations and covenants, including without limitation, the default in the timely and full payment of the Tax Increment Obligations, the applicable tax increments shall be appiied instead in the manner, but only to the extent necessary, to avoid such default or other violation of said covenants or obligations. Nothing in this Agreement shall restrict the City or the HRA in the exercise of the powers which they may have relating to the Project or the TIF Districts. - In addition, the City and the School District agree that the provisions of paragraph 5 providing for payment of tax increment to the School District shall be limited to and shall appiy only to such tax increment attributable to the 1994 payable 1995 real estate property taxes, and at the conclusion of said period, the City and the School District agree to review the circumstances and to attempt to negotiate in good faith such further agreement or agreements as may be permitted by law and which are acceptable to both the City and School District with respect to discretionary payments of such applicable tax increment to the School District. IN WITNESS WHEREOF, the City and the School District have caused this Agreement to be executed by their duly., authorized representatives. CITY OF FRIDLEY, MINNESOTA Mayor City Manager INDEPENDENT SCHOOL DISTRIC�' NO. 13 School Board Chair Superintendent 27tE72_2 6 9M EXHIBIT A Schedule of Tax Increment Financing Districts Within Housing and Redevelopment Project No. 1 of the Fridley HRA TIF District 1 2 3 4 5 6 7 8 9 10 11 12 z7isiz_z Name Center City Moore Lake North Area Johnson Printing/ Skywood Mall Paschke Lake Pointe Winfield Shorewood OnanJOld Central Northco Phase III Osborne Crossings McGlynn Bakeries 7 �� ► Certification Date 5/11/79 7J31/81 5/19/82 1/20/84 3/15/84 12/24/85 10/22/86 10/24/86 9/7/89 4/10/90 1/31/92 3/5/92 a Independent School District No. 14 13/14 11J16 13/14 16 13 16 14 16 16 16 14/16 Exhibit B Subd. 10. Pa� ment to schooi for referendum leti�. (a) The p;o� isions ofthis subdi�•i- sion appl}- to tax increm�nt financing districts and projects for ��hich certification �L-as requesred beforz \ta�• 1. I933, thai are located in a school c�istrict in .thich ch� ��o[ers ha�-e appro��zd ne�� local tax rates or an increase in local ta� ra,es af�er the tac incre- ment financing district ��as cznified. (b)( I)(f there are no ou[standi�g bonds on �f�� l. 19SS. co �.�hich i�crement from the district is pledged. or if the referendum is appro��ed afte; �fa� l, 1988, and there are no bonds outstanding at the time the referendum is zppro��ed, that ��ere issued before A4ay 1, 1988, the authorit�• must annually pa}� to the school district zn amount of inerement equal to the increment that is attributa�le to ihe increase in the 3oczi tax rate under the referendum. (2) If ciause (1) does not zpply, upon approva] b}• a majori.}• ��ote of the go�-erning body of ihe municipality and the school board, the authorit�• must pay to ihe school distnci 2n amount of increment equal to the increment thzt is zttribut2ble to the increase in the loczl tax rate under the referendum. (c) The amoums o; these increments may be expended ��d must be treat:d b�• �he school dislrict in thz same m2nner as p;o�-ided for the re��enu:s de��ed f,-om :�e refzr- endum le�� appro� ed b�- the ��oters. The pro�;sions of this subdi�•isioa apply to projects for ��hich cenificz�ion µ�zs requested before, on, and after ALeust I, 1979. • � AGREEMENT This Agreement is dated as of January 2, 1995, is by and between the City of Fridley, Minnesota, and Independent School District No. 14, and provides as follows: 1. Definitions. As used in this Agreement, the following terms have the following meanings, respectively: "Citv" means the City of Fridley, Minnesota. "HRA" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. 271797_1 "Project" means Housing and Redevelopment Project No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.001 through 469.047. "1985 Revenue Bonds" means the HRA's $4,070,000 Tax Increment Revenue Bonds of 1985, dated May 1, 1985. "Limited Revenue Note" means the HRA's $5,603,755.80 Limited Revenue Capital Appreciation Tax Increment Note, dated December 20, 1985. "1985 G.O. Bonds" means the City's $11,550,000 Variable Rate Demand General Obligation Tax Increment Bonds, Series 1985, dated December 30, 1985. "1986 G.O. Bonds" means the City's $10,045,000 General Obligation Tax Increment Refunding Bonds, Series 1986, dated as of August 1, 1986. "1990 G.O. Bonds" means the City's $9,485,000 General Obligation Tax Increment Refunding Bonds of 1990, dated March l, 1990. "1992 G.O. Bonds" means the City's $4,030,000 General Obligation Temporary Tax � �1 271797.1 Increment Bonds, Series 1992C, dated December 1, 1992. "Tax Increment Obliqations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the 1990 G.O, Bonds, the 1992 G.O. Bonds, and any other contractual obligations of the HRA or the City which were entered into prior to the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Districts" means Tax Increment Financing District Nos. 1 through 12 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Independent School District No. 14, the Fridley School District. "Subdivision" means Minnesota Statutes Section 469.177, Subdivision 10 (a copy of which is attached hereto as Exhibit B). 2. Recitals. (a) In certain cases, the Subdivision either requires or allows by agreement certain tax increments attributable to school district referendum tax levies to-be paid to school districts. (b) TIF District Nos. 1 and 8 are located entirely within the boundaries of the School District, and a portion of TIF District Nos. 2, 4, and 12 are located within the boundaries of the 5chool District. • � 271797_1 (c) None of the property within TIF District Nos. 3, 5, 6, 7, 9, 10 and 11 is located within the boundaries of the Schoal District. (d) It is ti to provide for increments to the and in accordance Subdivision. e purpose of this Agreement payment of certain tax School District pursuant to with the provision of the (e) Nothing in this Agreement is intended to violate the covenants and agreements heretofore made respecting the application of tax increments from the TZF Districts pursuant to the Tax Increment Obligations.. 3. Representations of the City. (a) �he Tax Increment Obligations were issued to finance various activities of the HRA within the Project. (b) The 1985 Revenue Bonds are not general obligations of the City or the HRA. Tax increments from TIF District Nos. 1 through 5 are pledged to the payment of t�e 1985 Revenue Bonds, and there are no other sources af funds pledged to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. (c) The Limited Revenue Note is not a general obligation of the City or the HRA and is payable solely from tax increments pledged for such purposes from TIF District No. 6. (d) The 1985 G.O. Bonds were payable from tax increments derived fron TIF District Nos. 1 through 5, and the final scheduled principal maturity of those Bonds was February 1, 2000. However, on February 1, 1990, the City discharged the 1985 G.O. Bonds by paying all then outstanding principal thereof and interest thereon. � � 271797_1 (e) The 1986 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds is February 1, 2000. However, the City has advance refunded the 1986 G.O. Bonds via the issuance of the 1990 G.O. Bonds, and the City expects pursuant to said refunding that all of the principal of and interest on the 1986 G.O. Bonds wiZl have been paid on or before February 1, 1994. (f) The 1990 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1, 2, 3, and 6, and the final scheduled principal maturity of those Bonds is August 1, 2009. (g) The 1992 G.O. Bonds are payabZe, to the extent permitted by applicable Zaw, from tax increments derived fro� TIF District Nos. 1 through 12, and the final scheduled maturity of those Bonds zs December 1, 1995. (hj Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, and the 1986 G.O. Bonds, the 1990 G.O. Bonds, and the 1992 G.O. Bonds were outstanding on May 1, 1988, and/or are outstanding on the date of this Agreement. 4. Representations of the School District. (a) On September 23, 1986, the electorate of the School District approved a 2.0 mill continuous 2evy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred to as the "1986 Levy". (b) On September 29, 1987, the electorate of the Schooi District approved (i) a 7.0 mill continuous levy first effective for the 1987 payable 3988 property taxes 3nd (ii) a continuous additional 6.5 mill levy first effective for the 1988 payable I989 property taxes. These levies are hereinafter collectively referred to as the "1987 Levies�' . L� 9S 271797_1 (c) According to the Minnesota Department of Education, for purposes of the above-mentioned referendum levies the tax capacity rate equivaients of 2 mills and 13.5 mills are .02261395 and .15264411, respectively. (d) On November 3, 1992, the electorate of the School District approved a levy increase of $203.51 per actual pupil unit, effective for the five years ending with the taxes payable in 1997, unless earlier reduced or revoked; however, since the proceeds of this levy are paid directly to the School District by the applicable County taxing authorities, it is not necessary or appropriate to include said levy or its proceeds under this Agreement. 5. Payment of Tax Increments to School District. The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and to the extent received by the HRA, with respect to the tax increments relating to the 1994 payable 1995 property taxes, as follows: (a) TIF District No. 12. Since TIF District No. 12 was requested for certification after May 1, 1988, the Subdivision does not apply to that District, and no tax increments from that District attributable to the 1986 Levy or the 1987 Levies are payable to the School District. (b) TIF District No. 8. Since the 1987 Levies were approved after the date of certification of TIF District No. 8, and since on May 1, 1988, there were no bonds outstanding to which increment from TIF District No. 8 was pledged, the tax increments from TIF District No. 8 which are attributable to the 1987 Levies are automatically payable and shall be paid to the School D�.strict pursuant to clause b(1) of the Subdivision. Since the 1986 Levy was approved prior to the date of certification of TIF District No. 8, the Subdivision does not apply to that Levy with respect to this District, and no tax 9T 271797_1 increments attributable to said Levy from this District are payable to the School District. (cj TIF District No. 4. Pursuant to clause b(2j of the Subdivision, the tax increment from TIF District No. 4 which is attributable to the 1986 Levy and the 1987 Levies shall be paid to the School District. (d) TIF District No. 2. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 2 which is attributable to the 1986 Levy and the 1987 Levies shall be paid to the School District. (e) TIF District No. 1. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 1 which is attributable to the 1986 Levy and the 1987 Levies shal�l be paid to the School District. 6. Further Aqreements. Nothing in this Agreement is intended or shall be applied in such a manner as to violate the obligations and covenants made by the City or the HRA in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application of the terms of this Agreement would give rise to a violation of said obligations and covenants, including without limitation, the default in the timely and full payment of the Tax Increment Obligations, the applicable tax increments shall be applied instead in the manner, but only to the extent necessary, to avoid such default or other violation of said covenants or obligations. Nothing in this Agreement shall restrict the City or the HRA in the exercise of the powers which they may have relating to the Project or the TIF Districts. In addition, the City and the School District agree that, except in each case described in paragraph 5 of this Agreement where payment of tax increment to the School District is mandatory pursuant to clause b(1) of the Subdivision, all other provisions of said paragraph 5 providing for payment of tax increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1994 payable 1995 real estate property taxes, and at the conclusion of said period, the City and the School District agree to review the circumstances and to attempt to negotiate in good faith such further agreement or agreements as may be permitted by law and which are acceptable to both the City and School District with respect to discretionary payments of such applicable tax increment to the School District. 9U � IN WITNESS WHEREOF, the City and the School District �ave caused this Agreement to be executed by their duly authorized representatives. 271797.1 CITY OF FRIDLEY, MINNESOTA Mayor City Manager INDEPENDENT SCHOOL DISTRICT NO. 14 School Board Chair Superintendent 7 9V �- EXHIBIT A Schedule of Tax Increment Financing Districts Within Housing and Redevelopment Project No. 1 of the Fridiey HRA TIF District 1 2 3 4 5 6 � 8 9 10 11 12 Z71797.1 Name Center City Moore Lake North Area Johnson Printing/ Skywoad Mall Paschke Lake Pointe Winfield Shorewood Onan/Old Central Northco Phase III Osborne_Crossings McGlynn Bakeries 0 9W Certification Date 5/11/79 7/31/81 5/19/82 1/20/84 3/15/84 12f24/85 io/22/s6 10/24J86 9/7/89 4/10/90 1/31/92 3/5/92 � Independent School District No. 14 13/14 11/16 13/14 16 13 16 14 16 16 16 14/16 Exhibit B Subd. 10. Pa�ment to school for referendum leti�. (a) The pro��isio�s ofthis subdi�'i- sion applv to tas incremznt financin� distric�s and projects for ��hith certification ��as requested befor: `ta�• l. 19�5. that are located in a school district i� �Lhich the ��oters ha�e appro��ed new local ta� rates or an inc;eas� in local ta.� rates af�er the tax incre- ment finar.cing dist;ict «as czrtified. (b)(1) If there arz r,o outstandi� g bonds on `ta� I. 19S8, to :�h:ch increment from the district is pledged, or if the referendum is appro�ed 2fter;�12} I, 19�S, and there are no bonds outstanding at the �ime the referendum is appro�cd, that ��•ere issued before May l, 1985, the authorit�� must annuzlly pa� to the school district an amount of increment eQU21 to the increment that is aitributable to the increase in the local tax_ rate under the referendum. (2) If clause (1.) does not applv, upon 2ppro��a1 b}� a majori.�• � o?e of the eo��erning bod}• of the municipality and the school board, the authority must pay to the school district an amount of increment equai to the increment that is attribut2ble to the increase in the local tax rate under the referendum. (c) The zmounts of t�ese increme�ts ma�• be e�pended ar.d mus� be treated b}� the school district in the same manner as p;o��idc� for the re��enues �e;i��ed ;�om the refer- endum le�� appro� ed by the ��oters_ The pro��isions of th;s subdi��ision 2�p1}� to projects for which ceni7cation �aas requested before, on, and after Aueust 1, 1979. 9X , t ., ' . � AGREEMENT This Agreement is dated as of January 2, 1995, is by and between the City of Fridley, Minnesota, and Independent School District No. 16, and provides as follows: 271809.2 1. Definitions. As used in this Agreement, the following terms have the following meanings, respectively: "Citv" means the City of Fridley, Minnesota. "HRA" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota. "Project" means Redevelopment Project No. 1 established and operated by the HRA pursuant to Minnesota Statutes, Sections 469.001 through 469.047. "1985 Revenue Bonds" means the HRA's $4,070,000 Tax Increment Revenue Bonds of 1985, dated May 1, 1985. "Limited Revenue Note" means the HRA's $5,603,755.80 Limited Revenue Capital Appreciation Tax Increment Note, dated December 20, 1985. "1985 G.O. Bonds" means the City's $11,550,000 Variable Rate Demand General Obligation Tax Increment Bonds, Series 1985, dated December 30, 1985. "1986 G.O. Bonds" means the City's $10,045,000 General Obligation Tax Increment Refunding Bonds, Series 1986, dated as of August l, 1986. "1990 G.O. Bonds" means the City's $9,485,000 General Obligation Tax Increment Refunding Bonds of 1990, dated March 1, 1990. "1992 G.O. Bonds" means the City's $4,030,000 General Obligation Temporary Tax Increment Bonds, Series 1992C, dated December 1, 1992. 9Y 271809.2 "Tax Increment ObliQations" means the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, the 1986 G.O. Bonds, the 1990 G.O. Bonds, the 1992 G.O. Bonds, and any other contractual obligations of the HRA or the City w�ich were enter�d into prior to the date of this Agreement and which commit the use of any tax increments from the TIF Districts for specified purposes, projects, or parties. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "TIF Districts" means Tax Increment Financing District Nos. 1 through 12 within the Project. The attached Exhibit A contains certification dates and other information on the TIF Districts. "School District" means Independent School District No. 16, the Spring Lake Park School District. "Subdivision" means Minnesota Statutes Section 469.177, Subdivision 10 (a copy of which is attached hereto as Exhibit B). 2. Recitals. (a) In certain cases, the Subdivision either requires or allows by agreement certain tax increments attributable to school district referendum tax levies to be paid to school districts. (b) TIF District Nos. 5, 7, 9, 10, and 11 are located entirely within the boundaries of the School District, and a portion of TIF District Nos. 3 and 12 is located within the boundaries of the School District. 2 9Z (c) None of the property within TIF District Nos. 1, 2, 4, 6, and 8 is located within the boundaries of the School District. (d) It is the purpose of this Agreement to provide for payment of certain tax increments to the School District pursuant to and in accordance with the provision of the Subdivision. (e) Nothing in this Agreement is intended to violate the covenants and agreements heretofore made respecting the . application of tax increments from the TIF . Districts pursuant to the Tax Increment Obligations. 3. Representations of the City. (a) The Tax Increment Obligations were issued to finance various activities of the HRA within the Project. (b) The 1985 Revenue Bonds are not general obligations of the City or the HRA. Tax increments from TIF District Nos. 1 through 5 are pledged to the payment of the 1985 Revenue Bonds, and there are no other sources of funds pledged to the payment thereof. The final scheduled principal maturity of the 1985 Revenue Bonds is February 1, 1999. (c) The Limited Revenue Note is not a general obligation of the City or the HRA and is payable solely from tax increments pledged for such purposes from TIF District No. 6. (d) The 1985 G.O. Bonds were payable from tax increments derived from TIF District Nos. 1 through 6, and the final scheduled principal maturity of those Bonds was February 1, 2000. However, on February 1, 1990, the City discharged the 1985 G.O. Bonds by paying all then outstanding principal thereof and interest thereon. (e) The 1986 G.O. Bonds are payable from tax incrernents derived from TIF District Nos. 1 through 6, and the final scheduled principal 277809.2 3 � � � 271809_2 maturity of those Bonds is February 1, 2000. However, the City has advance refunded the 1986 G.O. Bonds via the issuance of the 1990 G.O. Bonds, and the City expects pursuant to said refunding that all of the principal of and interest on the 1986 G.O. Bonds will have been paid on or before February l, 1994. (f) The 1990 G.O. Bonds are payable from tax increments derived from TIF District Nos. 1, 2, 3, and 6, and the final scheduled principal maturity of those Bonds is August l, 2009. (g) The 1992 G.O. Bonds are payable, to the extent permitted by applicable law, from tax increments derived from TIF District Nos. 1 through 12, and the final scheduled maturity of those Bonds is December 1, 1995. (h) Portions of the principal of the 1985 Revenue Bonds, the Limited Revenue Note, the 1985 G.O. Bonds, and the 1986 G.O. Bonds, the 1990 G.O. Bonds, and the 1992 G.O. Bonds were outstanding on May 1, 1988, and/or are outstanding on the date of this Agreement. 4. Representations of the School District. (a) On October 8, 1981, the electorate of the School District approved a 5.0 mill continuous levy first effective for the 1981 payable 1982 property taxes. This levy is hereinafter referred to as the "1981 Levy". (b) On February 27, 1986, the electorate of the School District approved a 6.0 mill continuous levy first effective for the 1986 payable 1987 property taxes. This levy is hereinafter referred to as the "1986 Levy". (c) According to the Minnesota Department of Education, for purposes of the above-mentioned referendum levies the tax capacity rate equivalents of 5 mills and 6 mills are .05226653 and .06271984, respectively. 4 • - - 271809_2 5. Payment of Tax Increments to School District. 'The City and the School District hereby agree that, except as otherwise provided pursuant to paragraph 6 of this Agreement, tax increments shall be paid to the School District by the HRA as and to the extent received by the HRA, with respect to the tax increments relating to the 1994 payable 1995 property taxes, as follows: (a) TIF District Nos. 9, 10 11 and 12. Since TIF District Nos. 9, 10, 11, and 12 were requested for certification after May 1, 1988, the Subdivision does not apply to those Districts, and no tax increments attributable to the 1981 Levy or the 1986 i�evy from those Districts are payable to the School District. (b) TIF District No. 7. Since the 1981 Levy and the 1986 Levy were approved prior to the date of certification of TIF District No. 7, tlie Subdivision does not apply to those Levies with respect to this District, and no tax increments attributable to said Levies from this District are payable to the School District.� (c) TIF District No. 5. Since the 1981 Levy was approved prior to the date of cert- ification of TIF District No. 5, the Subdi- vision does not apply to the 1981 Levy, and no tax increments attributable to said Levy from this District are payable to the School District. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 5 which is attributable to the 1986 Levy shall be paid to the School District. (d) TIF District No. 3. Since the 1981 Levy was approved prior to the date of certification of TIF District No. 3, the Subdivision does not apply to the 1981 Levy, and no tax increments attributable to said Levy from this District are payable to tr�e School District. Pursuant to clause b(2) of the Subdivision, the tax increment from TIF District No. 3 which is attributable to the 1986 Levy shall be paid to the School District. 5 9CC 6. Further Agreements. Nothing in this Agreement� is intended or shall be applied in such a manner as to violate the obligations and covenants made by the City or the HRA in connection with the Tax Increment Obligations, and to the extent but only to the extent that the application of the terms of this Agreement would give rise to a violation of said obligations and covenants, including without limitation, the default in the timely and full payment of the Tax Increment Obligations, the appiicable tax increments shall be applied instead in the manner, but only to the extent necessary, to avoid such default or other violation of said covenants or obligations. Nothing in this Agreement shall restrict the City or the HRA in the exercise of the powers which they may have relating to the Project or the TIF Districts. .� In addition, the City and the School District agree that the provisions of paragraph 5 providing for payment of tax increment to the School District shall be limited to and shall apply only to such tax increment attributable to the 1994 payable 1995 reai estate property taxes, and at the conclusion of said period, the City and the School District agree to review the circumstances and to attempt to negotiate in good faith such further agreement or agreements as may be permitted by law and which are acceptable to both the City and School District with respect to discretionary payments of such applicable tax increment to the School District. IN WITNESS WHEREOF, the City and the School District have caused this Agreement to be executed by their duly authorized representatives. CiTY OF FRIDLEY, MINNESOTA Mayor City Manager INDEPENDENT SCHOOL DISTRICT NO. 16 School Board Cha Superintendent 27�ao9_z 6 • � � EXHIBIT A Schedule of Tax Increment Financing Districts Within Housing and Redevelopment Project No. 1 of the Fridley HRA TiF District 1 2 .. 3 4 5 6 7 8 9 10 11 12 271809_2 Name Center City Moore La}ce North Area Johnson Printing/ Skywood Mall Paschke Lake Pointe Winf ield Shorewood Onan/Old Central Northco Phase III Osborne Crossings McGlynn Bakeries 9EE Certification Date 5/11/79 7/31/81 5/19/82 1/20/84 3/15/84 12/24/85 10/22/86 10/24/86 9/7/89 4/10/90 1/31/92 3/5/92 Independent Schoal District No. 14 13/14 11/16 13/14 16 13 16 14 16 16 16 14/16 � Fxhibit B Subd. 10. Pa�-ment to school for referendum le��. (a) The pro��isions of this subdi�'i- sion appl}• to tax increment financin� districts and projects for ��•hi:h certification was requested before \tay I, 1933, that are located in a school district i� «hich the ��oters hati�e appro��ed neu• loca! ta.� ratzs or a� increase in Jocaf tax r2tes a;�er the tax incre- ment financing �istrict �.�as certified. (b)(1) It thr, e are no outstanding b�nds on `ta�- l, 1 SSS, to �t h:ch i�crement from the district is pledeed, or if the referendum is appro��ed zfter '�fay 1, 1985, and there are no bonds ou�standing at the �ime the referendum is appro��ed, that ��•ere issued before T4ay 1, 1958, the authority must annually pay to the school district an amount of increment equal to the increment ihat is 2ttributable to the increase in the local tax rate under the re;erendum. (2) lf clause (1) does not 2pply, upon appro��al by a majoritv ��ote of the £o��erning body of the municip2lity and the school board, the authority must pay to the school. district an amount of increment equal to the iricrement that is 2ttributable to the increase in the ]ocal tax rate under the referendum. (c) The zmo��ts of these increments may be expended an� m�.:st be treated by the school district in ihe same manner as pro�•ided for the re��enues c�eri�-ed from the refer- endum 1e�� appro��ed by the ��oters. The pro��;sions of this sub�ivision appl}• to projects for w�hich cenification w•as requested before, on, and after August 1, 19 �9. 9FF En9�neering Sewer W�Ief Parks Streets Malntenance MEMOI�►.ANDUM TO: William W. Bums, City Manager �� PW94-322 FROM: Scott Erickson, Assistant Public Works Director�� DATE: October 3, 1994 SUBJECT: Osborne Road Sanitary Sewer Repair, Project No. 249 On September 28, 1994 at 9:00 am, bids were received and.opened on the Osborne Road Sanitary Sewer Repair, Project No. 249. Plans and Specifications for th� improvement project were sent to nine potential bidders and two bids were received. The low bid was from Northdale Construction at $164,891. This is considerably over the budgeted amount of $60,000. Based upon the bids received, we feel the time of year limited the number of potential bidders available to provide a competitive bid for the project. We will also evaluate amending items from the scope of work. Request the City Council receive and reject the bids and allow staff to revise the plans and speci�cations and re-advertise. SE:cz Attachments �� .,� . r�,� � \ \\ , \ � `� i / M . � PROJECT LIMIT� � _ � � _ � �� r � pt /A_ •1\ 8' � -� 8�� co `.f'`/' ' ,� 7�TH AVENt1E 6 ;1 , �� > 1• _ � �/ J W ! w�V Oy. N �11 ' StN e`'q,�,�, WA,� �` _ =� F 7a TH AVENUE N.E. 8" , � CA .• `n . _1� W 1� � . ; � WAY � , a � � 1 : � Sp�MpOG� 3 1 t1 � � _ ' . _ �� ` � V Q � ' U y' }, C l � � O J n i o � � 1, 1 ltn i � a cD W •-a�:K OuF�� .1 � v �. � �, a � . �`'E i a �� , r . � 11 G '' 73 RD AVF' � Z ' _ � g�� - W Z ,�� L . O 1• -0 7 r� 1' t7 IOGAN � P4RKWAY Q Z . rt"' � ' 4 COMMERCE CIR, � c,kc � '' " .� � f ,''` W LF - �' � 8 � � � � e! g.. �� a I• I Z hJR hiti.V � ' —��--_ WAY ' ,� . , _ _ I z OR � � - _ ' �$ �-- � .` � � ::� e-.g.��_ F/EYERS AVE t . � � : , • � �o • 8� p o • o = � � . � 0' Q ^ r I : x R�VER'�rlOOD r Q = ' � a R QRIVE cn 3:+ � �� r J ( T S � - . KoR r 8u ` ( . . . . . 7: �� W•`.Y R.fE � 1 z i � � W I: ~ i v � _ • � �; ,_ y � � � ! �' 4�0 Z ' I �� A� s�� WAY i i 'c a ? I � CO --- r 2' I r� . � io .. Q.�`-.� z I xO � J I � ' 8" � � I • ,� �. ' _ a m ;' I i � I . Z"F �Q DRIVE ' y , _ . m � 12�� N.5 S i � � G 9TH AVE. N.I �� Ll-� � � a` � 13+1< , 8n I 9TH AVENUE N.E. w � < 6yTN MAY � J 7 �' �' 8 0� ° m � U� � �� Q�.P Y $ n (� ` W � O � I . � m 695� V 0 „ � � 'CO � O Y : j �Pa W F. v "� � " �� ' � '� �' OJ� � - u v �. � � 10A 0 \.. {�ocKe �aK � + � � \ �� N T._,� a-, a � BID FOR PROPOSALS OSBORNE ROAD SANITARY SEWER REPAIR, PROJECT NO. 249 WEDNESDAY, SEPTEMBER 28, 1994, 9:00 A.M. :::.,:.::. .: ;• rir.• ..,y..:.. ::•: •r::.:: :: : :. , : .: :.::. > :: .: :: ; , , .....:...r........;:: :: <: :.::::..;�::::::..:.:: •.�:..•:::.>':::::r .:::�:.:,�,::::..� •:•::r+ r. .3 . r : / • •:•:x•::•:� :•:•.::•:.. . :�./.: •.�::: :.:..::.. r.. .;�..: .. ..... . ... f ..:....t•....?%;::!t<�x. ....ke' ! ::./•.: / ..../G::�:.`�::�:'::+•:•r:�::::;::;:.:::�:::.::•::•:::•..... p•S:::nr::::ni}:iiY:i::r,.:::.::.:::n�:::::::r.:::::::::n: i'^:•.::: �. R�I r..ii:�:• �/ ::F.-F.v�rf ••::,.�. r :::�'../ . %:.. ..;t. .. e�.::r . t:::.::<.5: =::> :%'t <;: �' � ..::{ M1r �:::�r,...y.,._:..r•:::iu::. % `:iiii:.. . .4. %� ' .:.::::::::::�...�...:: ..::::r.::::::::::::nr:.�::: :::.�i :: .....r. :: w........ :v. :v..::: r r �..r....r....r rx:: :•.::� .i..r.r .x:: rn': �•• """....... :........... ......i::::::::::n; . /i....{...... • ,.:,:#•r� � • ' / ,. . .i... :.. ,.�.,::;:::�:•:• . •. �f.... , ff........ �..:::::.... {f...�n:::n:::n :...............:•.:.../............fi:S�ff.••:.:::::/.•: ::i i�. ..//../. ..... •.�}:+nr ,/.�{�Yrrrl,.Y=.'-::'r'.ti>.�iiw..........r......:�::::x:rr. ....ry?v:.:f. :........: :::•:x::::::: : �:::::: r:r}. .A:. Frc. f /% f�. . : eFR�..../.• :::............�. : • l.v:.:}'f.n:.v x :::::::::::::::::::x:: �GS:fi6i:n::i:4iiv::::""" ••:::: •w::::::: .. ......� . � r ri: -: : • ... : :L.: .f.... ..... ........................ . ...:.......: .. .......... ��.....v........ .... } r.... iv�:::: .: � I. . � • �f.l.. x w::: .. r: :.: :: .r........:�:i:{:::•r.•:�.r: • ..... ........ ................�.• ....... .. ..n....... :::...... ......... rf{...r.�..... ....... . � ..t ... • �.�. •:: ='• . . ': � : . '.: r::::xi4'...::::: . n?v}:::::i::...."....:,-. f � ....F........n ................�.......n. :... .....:...r. ...r ..... n.n . ..r..... ......�y .��. . .�•C. r ...\.:: �'f:._.. . {f..f�.:.i:�::x::: ..::x:.. f:�.�...�.•.•:•::iii;}; . .. .. .... ..::.... . f.:.r�.: v::.•:?r ..f.:::4•:.�n...:n•, /r...v�.. �.{� �n. �rfrn ......................... • ..,{.iii:�i. �......... .:..r..:....�......�::::r: ::.. ..rx.....n....nx...r.::._ ............ ..... r {,•:::: . .... . •:}fJ.•:::::�xr'}- }.�.:�""iiif'r'i.+y.•,f•;;•;:•:•r ............................ x ••:u::::::: .... .... , x: ::::::: •: :.:::.:: :.iii::ii:{ }}•::: .......::::::::::: f...... . N.... .: ::�:::::::..�:::...�:::;x:::;:x•::•n:::::.nr....... -.::.•.. ::n ........ .,-.Fr.....f...::�.:�::?v.....:.::n:�n�:}:f7•::?�:f.+:w -.�{ .1.�. fffi.�.•.."... :.i%.v•• .:.C:.�..;{...:•:x.. ..f...F.. :::::::.�:ih n . ..... .... ... ................ ... . . . .. . ...... in .l..r}:; v.:::: .... . i r.r..}:t4':. •.t? i:. wi :^.. ..... t.; ... ff � � rf.....•f..... i. . . x::::. x:::i.i•:::� .... ...r........::::��•::� • .i . • F..... ..f•::;: ::::::::.:•. • /.,.•.•.,r,.,..:: ::.�: --:.:� .. .M1., ...:.�-::: •: :::�.:::..r•:: �:r..?�. ...�...... ./-•:.{., ...... .::.:.::..:::.'�.'<:: -..:a fo:<�<:::.::•;: b� . . .,f .; .. . . .: .. •-• . ...n..::•: •..<.� .::::. .......,;h'u fyy��I, . ).u�,{,....: ....;... .:%::::...f.... ;i:l�'.,';<•'::::s::•'i f... . .:. lII•,ii'i.,�y.�: rG:� . .., •.�..Y f. , ';.'"' ��Y .,......;^:v....: : i:f%';i'�J.{ � . ,/. .. S. :v v "f ¢''_:•'r,.?':..,;.."",i.:;i>}%i :;`: �j 'f r: :x{{ r. ./. . ._.��'fXf!!i'{,•�':?: {v.':./.": . •. :',51�}�. 3�}��i /i'f.•;: �'. f.:: � { :: •f:f1. ::l'�.!.+{ ' :� ::.'•F:;:%�.�;r{'1,.;i?:y.r{:irv Ff,•. : �j �M . 'ff:u: :fn•::::::: ::•::: / . f 5�yJ� k{./.• . ■ �M . FF :x.i.•:/�::::::.::.. ,r�.:.� '�' : {:r }.•::xv:..� �: v•+1�. ' ' 'f. ' 'r'� �.. '• '� :� i ��i:�%: ii.'•: ' . �'�••• ""...r r ...�Y�..�. �:il��fi�� """.. . �' �•:. � •:� �<�:..... ..��IW��%/.�. .....................f.�n.n............................................ ::.: t�...: r.rF.v: viff.w::x��.:...::•+. : � .t./�:i. :/.??S/:��n:�W.:.... t[...::n...... Northdaie Construction $164,891 14450 Northdale Bivd Ro ers MN 55374 Dave Perkins Contractor Inc $180,740 14230 Basalt St - P O Box 277 Ramse MN 55303 Barbarossa & Sons No Bid P O Box 367 Osseo MN 55369 Davies Water Equip Co No Bid 4010 Lake Breeze Ave N Minnea olis MN 55429 Lampland Inc No Bid 1708 3rd Ave SE Rochester MN 55904 MN Pipe & Equipment No Bid 7965 215th St W P O Box 580 Lakeville MN 55044 Penn Contracting Inc No Bid 1697 Peltier Lake Dr Centerville MN 55038 W. B. Miller Inc No Bid 'f 6765 Nutria St Ramse MN 55303 Water Pro Supplies Corp No Bid 9 5801 W 78th St Eden Prairie MN 55344-1894 ' 10B i i TO: FROM: DATE: SUBJECT: Engineenng Sewer VValt;r Parks SireCfS ��13i�lBt1J�CC MEMOI��ANDUM William W. Bums, City Manager ,�� Scott Erickson, Assistant Public Works Director�� October 3, 1994 Washington Street Watermain Repair, Project No. 272 PW94-323 On September 28, 1994 at 10:00 am, bids were received and opened on the Washington Street Watermain Repair Project No. 272. Plans and specifications for the street improvement project were sent to 11 potential bidders and five bids were received. The low bid was ftom Dave Per{cins Contracting, Inc. with a bid of $44,000. The budgeted amount for the project is $25,000. Based upon the bids received, we feel the time of year iimited the number of available bidders, resulting in higher bids being submitted. ; �:, .., . _�: Request the City Council receive and reject the bids and allow staff to revise the plans and . specifications and re-advertise. SE:cz Attachment 11 , �� • « •- •.. � BID FOR PROPOSALS WASHINGTON STREET WATERMAIN REPAIR, PROJECT NO. 272 WEDNESDAY, SEPTEMBER 28,1994,10:00 A.M. .�.;.3, .; .rr;....:nFv�.:�x �..` r..;rf"':.;.Y.f.r . .;. .. :.%. •:•:;i..•rit;.:..f f�...,•�::::•• ::. •.•..�: ::,.. . / v,. f%/:•'::f .'ff`rr ,.;f;;,:.� :: ��•?t;fj' • • .. ii{ . . �• .. {.....r . ::4' �.$ { � . YI,.S:i%F. . .:�^.r :+' f •'r'F'.•' :•%..•;�....v �o-::::.;f .f,..::.ff..; <v.cr.:,: ✓ : . ?l, . - , ..✓ � :..�:.z,;+�':��,••';��i`.;';•�%;.;:;�/.•. : :: �,s , , :f/., 1..,•r': <�:�;••':�:::>.� ,!�;.: .w.,:.:,....�,..�. /f ,F `f .,�'f t#" .f �r;%`•...,c/ .�.,,.�,�i1.,- �frf':.;{�if�.!:'F�i✓/%..l��`.�{' �'•i'fir�'l::?.� .;�� rr;;Fi:�;:�,�'.'�f�tj{i.rsr,.��S� F ��f �//F r �� C !, � {� {;{�rFJ:'.;4{/�,,%;;l�r{{%jF��. ��}Y. �.•:'?^ifJ i'�:{{. �` v.;{{• . �I,.;:;'{:}``f :r?i•ti•;'•y:,•fF.{. �}:j�t x:i�i � 4'/ `~ ♦ �� { • �JF .v��+�'/.h.i:•i'l'ff:�:•:4:i.•,.?i.;;.i�..i: %..'�i�4i:�ffF.>.;ifi.. f� t� ,. �`r ��.;;,. ..;.;/�...,%%?::...:•r,f��S•.� : r �:: ={� ,t� �/•r•..�rF:`.:., rr..:•: fI r:�:�r.ff .t/I�i'f..,y��`,. / .. { 4: .ti6�'�r/`'�.�„ `. ,�� I � ?�.� : � .� { 'f''�Yt,'{{.`.,.,`f" :::i�• � :�. / � � "� �r%iilAi�i: f�.?' >; � :i • f , i r"&' f ::t. -,:� f F.`.�.',`.%r.`•;;.�.. f . f• �;`,; .�.%F<..,. �/••-t,..: f•r:+ •%rf%E :. . . , . . f • / y � . .� ;f,.f{.,'li,G,:$ffry;i�•�' i?f'��I:�t��Y/%f � :f?f� ��iG �frF � � �� } S r ..,+•i ...... . ..........:....,....•;:•.. . . .N ;:... ..:.: '',.;....::�.. x '%. >�'>1��::>.:��i;,•:�.:.: •''.''/�.�f.�.'.��`r..::'::.....:..1��"'..�''...�...�, Dave Perkins Contracting Inc $44,ppp 14230 Basalt St Ramse MN 55303 Penn Contracting Inc $4�,47� 1697 Peltier Lake Dr � Centerviile MN 55038 _W. B. Miller Inc $57,850 16765 Nutria St Ramse MN 55303 RaSo Contracting $gg,270 7137 20th Ave N Centerville MN 55038 Hydrocon Inc. $79,330 P O Box 129 � � North Branch MN 55056 Bituminous Consulting - No Bid - 2456 Main St . . . � Minnea olis MN � 55449 ��' � � . zr. �,�� a, CCS Contracting No Bid 1399 10th St NW New Bri hton MN 55112 Davies Water Equip Co No Bid 4010 Lake Breeze Ave N ; ,; :; , Minnea olis MN 55429 MN Pipe and Equip No Bid 7965 215th St W Lakeville MN 55044 . Northem Water Worics Supply No Bid �' 4124 83rd Ave N Brooklyn Park MN 55443 Water Pro Supplies Corp No Bid 15801 W 78th St Eden Prairie MN 55344-1894 11A 5 YEAR CAPITAL IMPROVEMENT PLAN BUDGET 1994 City of Fridley . State of Minnesota • Water Capital improvemertts 1994 Beginning Balance Revenues Funds Available Pro Ending Balance Beginning Balance Revenues Funds Available Proiects Ending Balance Irrterest Irx�me Depreciafion Total Revenues Well Repair 8 and 11 Pumphouse Meter Replacemetrt Weli No.1 800sier Replacerr�errt Water Main at 681h and Washi�gton _ New Projects 5802,471 40,124 356.9q ss�.os�r : �,�� r� .•� .. .�• • �. .. �•. Eliminate Dead End Line At 73rd Av+enue aTo 731/2 Avenue 15,000 Totai ProjecLs 155.000 S1.o4�4.55s 1995 . y� _ si,oaa,�e _ , ; ��,. Irrterest Income 52�228 Depreciation 370�000 Toffit Revenues 422,228 j � New Project Eliminate Dead End Line At Hayes To Garfeld Weq Repair No's 3& 10 53rd And Joh�uon Booster Station Upgrade Construct Well No.14 Total Projects 11B 1.466.786 15.000 50,000 300,U00 180.000 545,000 =921.786 ,��.-,;.�. _ , - . _ -�- , r 4`` iY �J . . • � � � �\ �i I � � - wE�LS N0. �os ii O F�LTRATION P�ANT ' sre 6� �. K[.. • � rr � - --• ��rJ o �� CREEK 6� o � � �� . ( � J �j / T m � W � m � W j Y r � . / � Cb q o�NOORA p � j � ��;1 W ¢ /j � = y: � ; �'� '� J � _ � ( � � � � I 9VERTOM 6w � , � , � r � e� �, �� : ./ PROJECT LIMITS 6" � . � _ ��. � . � \ y W _ ^ \ W � \ \ � _ / F- � �w1� . �. t1 ! . ..` (y� .n p �. I r/ , y � � i ( � t / _ ' � ; � �' s� /J/ j � i � � • , A� i \ �/ a s � �., s � �uK(� J _.' � r i , z C - �� '?�£ - W = ' � ' 6M tl a 1. . Q 6� � 6M Q 6 �-_ �f 67TH AVENUE � - W ' ' y � . �N ' � . .. � t r : p * P��a i 6TH N.E. 6~ � ' � STN AVEMtIE , ^ . IOM N CLOYER ] i 1 vr�S�55;o�' STREET ��: � ' � •� � f n � � �'� `! - � CO' z �� S£Nti�Tr � __ OR1VE ` . {m = �- �, Zq! i F i r ; � — � W. � la! � � � 1 c� � � �.t' �: W 4J :, � �� l� ' ` F- r F- M- v� j � r~if I � i f�„ � � � "i W W / � 1 � uf w I 647HSp�vEYUE J. �D W y � x � ia- IW �. �! � W � tn N y ! W L� U `___ I: � � � � = H � �� ,F'i� � Z O7 64TH AVEN � � r � h Z z � o S W y � � _ � � � � p y O n Q Q o � m z 3 . �., v ,e m � � � z � v . _ � s 63R0 ,� AVE, 6 n � � f0 m (O V \ - _ . ' +.EU ras io ir►[ u«o. z 12�� — �� No, ♦ � 2~ 1MEll N0. 5 6 ; Ii b 1 ... � J , ;� � 11C a � � I : . ; . .�. l, °R_ Y-- . I 12 13 . ..............�...,,..,.... .�.�.>...,,..,_,.>.,.. .,.�.... . ....,.,.,....., ..,..,...,�,.,... ,_.�.._......., . . �,:,.,.»<,.��:,:,�,.,...,..,»........,a.o..,.,.»,..,.�,,.,.,.,�..____....._,..F....._._.___...---..._. � � FOR CONCURRENCE BY THE CITY COUNCIL LICENSES �rAS SERVICEs Care Air Cond & Heating 1211 Old Hwy 8 New Brightott MN 55112 L,eo Lindig Riccar Heating 2387 136 Ave NW Andover MN 553U4 Anna Bjork �E��QNTRA CTOR-COIVLM�RC�I Fine Crest Apartments 5451 5 St NE Fridley MN 55421 _ Bryan Kowalski ��NERAI CONTRACTQ��DFNTLA�, Creative Designs Cc>nstruction(7521) 1039 74 1/2 Ave N Brookyn Park MN 55444� David Au2wes Gates Roofing (b793) = _ : 4fi40 Ximines Ln N Plymouth MN 55442 - Bruce Gates Jeffrey James Constiuctivn (2031) PO Box 17991 Little Canada MN 551 i� Jeff:3ames Nordic Window Co �9023) 5913 Pleasant Ave S � Minneapolis MN 55419 Kim Fasmussen Northland Siding (4158) 2158 Main St NW Coon Rapids MN 55448 Donald Kiphuth Thurs Constructrion (9346) 5717 1 i3 Ave N Champlin MN 5316 � Kevin Thurs 15A JOHN PALACIO Chief Bldg Ofcl Same - JOHN PALACIO Chief Bldg Ofcl STATE OF 1�IIl�TN x : Same f `Same Same Same Same v �� ;� ; , ::, �- Westling Construction (5433) 125 76 Way NE Fridlep MN 55432 Woodiand Stove & Fireplace (2998) 12U3 Washington Ave S Minneapalis MN 55415- HEATING Care Air Cond & Heating Inc 1211 Qld Hwy $ New Brighton MN 55112 Fisher Bjork Sheetmetal Co Inc 1441 Iglehart Ave PO Box 40009 St Paul, MN 55104 Riccar Heating 2387 136 Ave NW Andover MN 55304 PLU ING ARE Plumbing 6139 i72 i,N Ramsey MN 55303 Buchman Plumbing Co Inc PO Box 11070 Minneapolis MN 55412 Tomas/Suburban Plumbing 4029 Penrod i,n Minneapolis MN 55421 Chuck Westling Peter Solac Leo Lindig Charles Fisher Anna Biork Michael Muske Walter Buchman Eugene Tomas 15B Same Same JOHN PALACIO Chief Bldg Ofcl Same Same STATE tOF 1V�INN Same . , Same