The URL can be used to link to this page

CCA 11/21/1994 - 29297.� �. �:- r� ��'( FRIDLEY CITY COIINCIL MEETING �..J +� Ct1YOf a ft�a�r ATTENDENCE SHEET � ' Monday, November 21, I994 `'� 7:30 P.M. ,, ' PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER ;�� t� � � � �.1 ( � ��^\ �i�� G-�� I r ��. �� J �`�.3� � � j � �� n FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1994 OPEN FORUM, VISITORS: PUBLIC HEARINGS: Rezoning Request, ZOA #94-03, by David Stewart, to Rezone Property from C-1, Local Business, to R-1, Sing{e Family Dwelling, to Allow Parking and Dumpster Placement, Generally Located West of 5720 Polk Street and North of Moore Lake Apartments (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . Vacation Request, SAV #94-03, by Mearlin Norstrom, to Vacate Part of the Drainage and Utility Easements Generally Located at 501 Rice Creek Boulevard N. E. (Ward 1) . . . . . . . NEW BUStNESS: Page 2 ...................... 1-1L ......................... 2-21 Resolution Providing for the Issuance and Sale of the City's $485,000 General Obligation Bonds, Series 1994A . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 - 3X FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1994 Page 3 NEW BUSINESS (CONTINUED): Receive the Minutes of the Planning Commission Meeting of November 2, 1994: . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. Establish a Public Hearing for December 5, 1994, for a Rezoning Request, ZOA #94-05, by Bruce Moseman of Su�preme Tool, Inc., to Rez�ne from C-2, General Business, to M-1, Light Industrial, to Allow Construction of a Manufacturing Facility, Generally Located North of 7597 Highway 65 (Ward 2) . . . . . . . . . . . . . . . . . . . . . . ........................ B. Estabiish a Public Hearing for December 5, 1994, for a Rezoning Request, ZOA #94-04, by Dave Mclntyre of Ceres Environmental, to Rezone from M-2, Heavy Industrial, to M-3, Outdoor Intensive, Heavy Industrial, to Allow the Construction of Corporate O�ces and Outdoor Storage of Materials and Equipment as a Principal Use, Generally Located East of 5101 Industrial Boulevard, North of FMC, and Adjacent to the Burlington Northern Mainline (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . .......................... 4 - 4PP 4 -4D 4P-4Y 4D - 4M 4Z - 4PP MEETING OF NOVEMBER 21, 1994 Page 4 NEW BUStNESS fCONT1NUED): Receive an Item from the Appeafs Commission Meeting of November 8, 1994: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 - 5K A. Variance Request, VAR #94-29, by Carol Torkelson, to Allow a 15 Foot Free-Standing Sign to be Displayed In a Residential District from January through April 15 of each year, Generally Located at 6800 Brookview Drive N.E. (Ward 1) Authorize Reallocation of 1994 CDBG Human Service Funds ......................................... 6-6C Adopt Order to Raze a Hazardous Structure at 5335 Sixth Street N.E. (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7P Resolution Making Certain Findings Regarding Homestead Tax Treatment of Property in Hyde Park Being Purchased by Anoka County Community Action Program,lnc. .......................................... 8-8A FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 21, 1994 Page 5 NEW BUSINESS (CONTINUED): � Approve Contract for Executive Director for Clean-Up Week, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 - 90 Approve Proposed 1995 Agreement Between the City of Fridley and the Fridley Communication Workshop (ETC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 0 - 10C Approve Change Order No. 2 for Commons Park Shelter, Project No. 267 (Ward 1) . . . . . . . . . . . . . . . . . . . . . . 11 - 11 B Resolution Authorizing Acceptance of 5u��5 Certain Park Property Declared y Anoka County and Development of Said Property as a Fridley Neighborf�ood Park (Ward 2) . . . . . . . . . . . . . . . . . . . . 12 - 12B Resoiution Authorizing an Agreement with School District 14 for School/Playground Equipment Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . 13 - 131 FRinl FY [_IN [_[�I IN[_11 MFFTtNC� C)F NC�VFMRFR 71 194d Panp R NEW BUSINESS (CONTINUEDI: Resolution Designating Time and Number of Council Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-14B Informal Status Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Claims............................................... 16 Licenses .............................................. 17-17B Estimates ............................:................ 18-18N 0 ADJOURN: � THE MINIITES OF THE REGIILAR MEBTING OF THE FRIDLLY CITY COIINCIL OF NOVEMBER 7. 1994 The Regular Meeting of the Fridley City Council was called to order at 7:32 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: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneide'r and Councilwoman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING. OCTOBER 17, 1994: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested that Council add the following item: (14A) Consideration of the Nomination of Potential Members to Serve on the Rice Creek Watershed District. MOTION by Councilman Schneider to adopt the agenda with the above addition. Seconded by Councilwoman Jorgenson. Upon a voice vote, al1 voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. 1. PUBLIC HEARING ON EAST RIVER ROAD IMPROVEMENT PROJECT�_HARTMAN CIRCLE TO GLEN CREEK ROAD (WARD 3�: MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman, Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:36 p.m. � FRIDLEY CITY COIINCIL MEETING OF NOVBMBER ?, 1994 PAGL 2 Mr. Flora, Public Works Director, stated that�the public hearing is for the assessment of the improvement of East River Road. He stated that Anoka County hopes to begin this project ne� spring with the construction of the asphalt surface, center medians, tur- ning lanes, traffic signal improvements, EVP signals, storm sewer installation, concrete curb and gutter and a bituminous bikeway/ walkway. He stated that City policy has been to assess for con- crete curb and gutter where there has been no previous assessment. He stated that 45 properties would be involved in the assessment for concrete curb and gutter at a cost not to exceed $9.00 per front foot. Councilwoman Jorgenson pointed out that the Sajady home on East River Road was demolished and asked if the County would pay the assessment for this parcel. Mr. Flora stated that the County would pay the assessment for the Sajady property. Councilwoman Bolkcom stated that several persons asked why they would be paying $9.00 a front foot when the cost has been $8.00 a front foot. Mr. Flora stated that the cost has been escalating and, therefore, a limit was set at $9.00 a front foot. He stated, however, that the cost may actually be less. Mr. Timothy Heldenbrand, 7321 East River Road, asked what was in- volved in the improvement of East River Road. He stated that he understands�the City has a 15 foot easement, and he did not need a new curb. Mr. Flora stated that the County is widening East River Road, and a series of public hearings has been held over the last several years. He stated that there will be two lanes of traffic in each direction with a median and protected turn lanes. He stated that a bikeway/walkway will be constructed within the street right-of- way which will be eight feet wide on the.east side of the road. Mr. Heldenbrand asked how he would keep his yard private with the bikeway in front of his home. Mr. Flora stated that he could install a fence up to four feet high or plant trees and shrubs. Councilwoman Bolkcom asked the distance from the bikeway to Mr. Heldenbrand's property. Mr. Flora stated that the property line will be approximately 20 feet from the curb, and there will be an eight foot asphalt bike path within that 20 feet. Mr. Heldenbrand questioned who really wanted the bike path. FRIDL$Y CITY COIINCIL MEETING OF NOVBMBER 7, 1994 PAQ$ 3 , Councilwoman Jorgenson stated that, the County feels there is a need to upgrade East River Road. She stated that the City is respon- sible for the bike path, and they felt they had to get bicyclists off East River Road. Mr. Heldenbrand stated there are only about two bicycles a week on East River Road. Mr. Flora stated that the Anoka County Park Department is construc- ting a bike path from the Coon Rapids dam all the way to Minnea- polis. The bike path is part of the system, and will connect with the regional trail system. Mr. Fox, 7231 East River Road, stated that he attended most of the hearings that have been held pertaining to the widening of East River Road. He stated that, at that time, there was consideration given to widening Ashton Avenue. He asked if Ashton Avenue would be widened in the future. He stat�ed that the fourteen homes involved filed a petition not to have this street widened. Mr. Flora stated that there are no plans at this time to extend Ashton Avenue. Mr. Burns stated that he believed that the Council directed that the Ashton Avenue extension be removed from the County's plans. Mr. Fox stated that over the last two years, there have been four- teen accidents in front of his home, many in his own yard. He. stated that trees that have been hit are 45 feet off East River Road. He felt that before a bike path was constructed, the Council has to look at the safety issue. He felt that there may be a safer spot to install the bike path rather than on East River Road. He questioned the wisdom of placing the bike path on this road when it could be located on the side streets. He stated that construc- ting a bike path on East River Road is asking for trouble. Mr. Flora stated that it is planned to maintain a distance of ten feet from the curb to the bike path. Mr. Darrel Madsen, 7191 East River Road, stated that the City and ° the County have easements in front of his home. He asked if he would be assessed for curb and gutter. Mr. Flora stated that Mr. Madsen owns the property in front of his home, and he would be assessed for curb and gutter in front of his property. Mrs. Melody Madsen, 7191 East River Road, stated that when they built their home they had to get permission to drive over the ease- ment to install a driveway on East River Road. She said that if that is the City's property and they need permission to cross, she questioned why they should have to pay for improvements. FRIDLEY CITY COIINCIL ME$TING OF NOVEMBER 7. 1994 PAG$ 4 Mr. Flora stated that he is not aware that the City, at any time, gave people special permission to drive over the easement. Mrs. Madsen stated that they had to go to the City and County to obtain the right to cross that easement. Councilwoman Jorgenson asked if the easement was recorded on the deed. Mrs. Madsen stated that she believed it was on the deed. Councilwoman Jorgenson asked Mrs. Madsen to mail a copy to her attention. No other persons in the audience spoke regarding this improvement project for East River Road. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:57 p.m. OLD BUSINESS• 2. ORDINANCE NO. 1038 AMENDING CHAPTER 513 OF THE FRIDLEY CITY CODE. ENTITLED "REGULATION OF SKATEBOARDS. ROLLERSRIS. ROLLERSKATES AND ROLLERBLADES" TO AMEND THE WORD "ROLLERBLADE:" MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 1038 on the second reading and order publication. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. CONSIDERATION OF APPOINTMENT TO PARKS AND ` RECREATION COMMISSION (TABLED 9/30194): Mayor Nee removed this item from the table. MOTION by Councilman Billings to nominate Sue M. Price, 7449 Melody Drive, for appointment to the Parks and Recreation Commission. Councilman Billings stated that Ms. Price is currently a member of the Energy and Environmental Quality Commission and has demonstra- ted her ability to work well with others. He statec� that she is the mother of two young children and a lifelong resident of the Columbia Heights/Fridley area. He stated that she is a resident of School District No. 16, and he felt she would bring balance and insight to the Commission that will be helpful in making decisions. There being no further nominations, Mayor Nee declared the nominations closed. FRIDLBY CITY COIINCIL MEETING OF NOVBMB$R 7. 1994 PAG$ 5 MOTION by Councilman Billings to cast an unanimous ballot for the appointment of Sue M. Price to the Parks and Recreation Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. APPROVE INTOXICATING LI4UOR LICENSE FOR THE SHARX CLUB/SHARX SPORTS BAR {WARD 3) (TABLED 10117/94): MOTION by Councilwoman Bolkcom to remove this iti�m from the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Pribyl, Finance Director, stated that one of the concerns voiced at the public hearing was the issue relating to teen night and all age night at this establishment. Councilwoman Bolkcom stated that Council requested a breakdown on the police calls and asked Mr. Sallman to address this issue. Mr. Sallman, Public Safety Director, stated that he has prepared a breakdown of the police caZls at Mr.. DeFoe's Waterworks Beach Club in Circle Pines taken from the Lexington/Circle Pines police records. He reviewed all the police calls for 1993 and 1994 which included 133 incidents in 1993 and 101 incidents in .1994. He stated that for each year there were eleven assaults. Mr. Sallman stated that in comparison with Fridley establishments, in 1993, Roper's had 27 incidents with five assaults. '`He stated that probably the most active establishment in Fridley had 26 calls for service with one assault. He stated that Fridley does not really have an establishment that compares with the Waterworks Beach Club in relation to the number of calls for service. He stated that the one establishment that probably came closest to this number of calls was George's in Fridley before they went out of business. � Councilwoman Jorgenson asked Mr. Sallman if he would recommend a provisional liquor license. Mr. Sallman stated that Council has the ability to revoke a license, but he did not know if the ordinance provides for a provisional or probationary license. He stated that technically speaking, a liquor license is always subject to probation. Mr. Gregg Herrick, Assistant City Attorney, stated that Council has wide discretion in the issuance or revocation of a liquor license. He stated that the code provides for an annual license and, if the Council has concerns, they pro°bably could issue a provisional license. He stated that if a liquor license was issued for a year and there were significant problems, the Council could take action to revoke the license. FRIDLEY CITY COIINCIL MEETING OF NOVEMHER 7, 1994 PAGE 6 Councilman Schneider asked if revocation of a license could be related to the number of police calls. Mr. Herrick stated that this could.be the basis for revocation of a license. Councilwoman Bolkcom felt that it may be in the best interests of the City to issue a license for only six months if there are con- cerns about the operation of Mr. DeFoe's establishments. She stated that her concern is that Mr. DeFoe would not call the police if it could be a basis for revocation of his license. Mr. Sallman stated that the predecessors at this location took the approach of not calling the police, and he felt that it had a lot to do with them going out of business. He stated that if someone is assaulted at a bar, the police are going to hear about it. He felt that the issues that would concern the Council are not lock- outs or miscellaneous service calls but assaults and crimes that occur at this establishment. He stated that it is the license holder that has to set a strong code of conduct and keep control. Mr. DeFoe, the petitioner, stated that he knows he calls the pqlice a lot at his establishment in Circle Pines. He stated that if there is a fight, the police are called, and this is an assault.. He stated that thefts are hard to control, as people leave their purses unattended. He stated that he calls the police when there is any problem, but he did not realize this would be held against him. Councilwoman Bolkcom stated that this is not being held against him, as she would want him to involve the police if there is a problem in order to keep control. Mayor Nee asked Mr. DeFoe how he felt about a six-month liquor license. - Mr. DeFoe stated that he would like the liquor license for a year. Councilman Billings asked if there was a fee structure calculated on less than�a year. � Mr. Pribyl stated that the liquor license is an annual license but could be pro-rated on a six month basis. Mr. Herrick felt that it would be better to issue an annual license, because there is nothing in the code for a six month license. He stated that if there is a significant question regar- ding the management, there should not be a problem in pro-rating the fee for a six-month period. Councilman Schneider stated he felt that staff should submit a report in six months whether the license was issued for six months or a year. i �RIDLEY CITY COtJNCIL MEETING OF NOVEMBER 7. 1994 PAQE 7 MOTION by Councilwoman Bolkcom to approve the intoxicating liquor license for the Sharx Club/Sharx Sports Bar, 3720 East River Road, with the stipulation that teen.nights or all age nights will not be permitted and that the license be granted for one year, but it be reviewed in six months with a report from staff. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. AMENDED RESOLUTION CONFIRMING ASSESSMENT FOR 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260 (TABLED 10/17194): Mayor Nee removed this item from the table. Mr. Flora, Public Works Director, stated that during the assessment hearing for this project, the residents at 1372 and 1384 64th Ave- nue raised the issue of storm water in their rear yards. He stated that this improvement project was along the front of their proper- ties on 64th Avenue, and a detention basin was constructed on two of the three lots the City owned off Rice Creek Road. He stated that in surveying the rear yards of these two properties, there is a high point that runs along the rear property lines and two depressions that have no outlet. Mr. Flora stated that the residents at 1372 and 1384 64th Avenue -- have alleged that the pond overflowed and contributed to the flooding of their property. He stated that in April, 1994, there was over seven inches of rain. He stated that staff inspected the City's pond during this period and found that water could not have flooded the area. He stated that these rear yards are designated wetlands, and the water was due to the heavy rainfall and high water table. Councilman Schneider stated that both the Schwartz's and the Dahlberg's believe that the improvement may have caused;additional water on their property. He stated that the Schwartz's have also indicated that the map designating the area as wetland was not the same map that was used when the hearing was held last year. Mr. Flora stated that the rear yards are low and have always had water. He stated that 1993 was an extremely wet year, and with the heavy rain in the spring of 1994, it resulted in water in the rear yards of these properties. Councilman Schneider felt that the City should probably hire an independent engineer to review this project and determine if there is any way this storm water improvement could have caused the problem. He stated that if there is a study and it is determined that there is a benefit to these properties, he wanted the Schwartz's and the Dahlberg's to be able to pay the assessment in full if they so desired. FRIDLEY CITY COtJNCIL MEETING OF NOVEMBER ?. 1994 PAGE 8 Councilman Billings stated that this project was to take care of storm water problems primarily north of the site and construct a new storm sewer system on the north side of the street. He asked if the intent of the project was to remove water from these back yards. Mr. Flora stated that it was not the intent of the project to remove water from these rear yards. Councilman Billings �ointed out that in April of this year, other properties were in danger of flooding because of the heavy rains. He said that there were problems all over the City. Councilman Schneider stated that the intent of the project was not to alleviate all the problems, but the property owners are stating the improvement has caused more problems. Councilman Billings stated that the fact that there is standing water in their back yards is because their rear yards are lower than the ditch and/or there is a ridge that prevents the water from getting from their back yard to the ditch. Mr. Schwartz, 1372 64th Avenue, stated that there is a large volurae of water draining into the ditch. When the pond was built he felt it was not deep enough. He stated that the holding pond was sup- gose ta correct the problem, but there is only a foot difference in the elevation of their rear yard and the pond. He felt that the water overflowed the ditch into his rear yard. He stated that the volume of water in there now is unbelievable. He stated that the storm water system was really built for those homes on Centrai Avenue and not for those on 64th Avenue, which they questioned before the project was constructed. . Mayor Nee stated that the property owners are not claiming damages to their property but stating that it does not benefit their property. Mr. Schwartz stated that the improvement did not benefit their property, and he felt it made the s'ituation worse. Mrs. Schwartz, 1372 64th Avenue, stated that what has changed is the volume of water coming into the area. She felt that it was spilling over the north side of the ditch. She stated that prior to the project, the lowest part of their lot did not have any water. - Mr. Flora stated that what the Schwartz's are being assessed for is surface water coming from Mississippi Street. It is now being collected into a pipe to the Central Avenue system. Mrs. Dahlberg, 1384 64th Avenue, stated that she has lived at this address since 1949, and she had gardens in her back yard. She FRIDLEY CITY COUNCIL M�BTING OF NOVEMB$R 7. 1994 PAQ$ 9 stated that it is not a wetland, and she has never had water like she experienced this year since the storm water improvement project was installed. Councilwoman Jorgenson stated that she would be in favor of an independent engineer reviewing this project to determine if there was any adverse impact on these properties.. Mr. Burns stated that he has received an estimate for this study, and it would range from $1, 000 to $1, 500. He stated that this cost could be paid from the non-departmental budget which is to be used for non-programmed studies. He felt that this clearly fits that definition. MOTION by Councilman Schneider to direct staff to hire an indepen- dent engineering consultant to review the 64th Avenue Storm Water Project No. 260, specifically, with regard to the Schwartz and the Dahlberg properties to assess benefits and/or damages to these properties, and the cost of the study is not to exceed $1,500. Seconded by Councilwoman Jorgenson. �ouncilman Billings asked if the consulting engineer would make the determination if there is a benefit or not to the properties. Coun�ilman Schneider stated that is his intent of the motion. Mr. Flora stated that a determination should probably be inade if this will be a continuing probiem. He stated that the assessment is for the street, and he felt that this is a wetland issue which will be here for a long time. He stated that he hoped the issue can be put to rest. • Mr. Burns stated that the study would be done to verify the benefit of this improvement project to the- Schwartz and Dahlberg properties. He stated that it would include a review of the project and the detention basin design; spot check elevations by Maier Stewart and Associates�and the City and shoot all elevations for the detention pond and the Schwartz/ Dahlberg back yards be reshot if necessary. He stated that the study should interpret the impact of the detention pond'given existing elevations for the pond and surrounding property and the impact of other project elements on the Schwartz/Dahlberg properties. Councilman Schneider stated that this improvement project was never designed to solve the problems in these back yards. He stated that he recalls this statement, and this question should probably be researched. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF NOVEMBER ?. 1994 PAGS 10 MOTION by Councilman Schneider to table this resolution indefin- itely. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 6. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 19, 1994: A. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 21 1994 FOR A REZONING REOUEST, ZOA #94-03, BY DAVID STEWART, TO REZONE PROPERTY FROM C-1, LOCAL BUSINESS, TO R-1 SINGLE FAMILY DWELLING, TO ALLOW PARKING AND DUMPSTER PLACEMENT, GENERALLY LOCATED WEST OF 5720 POLK STREET AND NORTH OF MOORE LAKE APARTMENTS (WARD 2): MOTION by Councilman Schneider to set the public hearing on Rezoning Request, ZOA #94-03, for November 21, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 21 1994 FOR A VACATION RE4UEST, SAV #94-03 , BY MEARLIN NORDSTROM . TO VACATE PART OF THE DRAINAGE AND UTILITY EASEMENTS GENERALI�Y LOCATED AT 501 RICE CREEK BOULEVARD N.E. (WARD 11: MOTION by Councilman Billings to set the public hearing on Vacation Request, SAV #94-03, for November 21, 1994. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to receive the minutes of the Plan- ning Commission Meeting of October 19, 1994. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ' 7. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF OCTOBER 25, 1994: A. VARIANCE REQUEST, VAR #94-27. BY PERCY TAYIAR FOR TALCO,� INC. TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 15 FEET IN ORDER TO ALLOW THE CONSTRUCTION OF AN ADDITION GENERALLY LOCATED AT ?835 MAIN STREET N.E.: Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the rear yard setback from 25 feet to 15 feet to allow construction of a 10 foot by 20 foot enclosure for a compressor. He stated that the compressor is now located inside the facility and poses some noise problems. He stated that the possibility of locating_this compressor in the warehouse or shop area was discussed but was not a viable option. FRIDLEY CITY COIINCIL MEETING OF NOVEMB$R 7, 1994 PAG$ 11 Mr. Hickok stated that the Appeals Commission unanimously recom- mended approval of this variance and staff concurs with this recommendation. MOTION by Councilwoman Bolkcom to grant Variance Request, VAR #94-27, with the stipulation that the addition be architec- turally compatible with the existing building. Seconded by Councilman Billings. Upon a voice vote, a21 voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVE SPRINGBROOK RESOURCE INVESTIGATION PROJECT/CLEAN WATER PARTNERSHIP PHASE I RESOURCE INVESTIGATION GRANT: Mr. Hickok, Planning Coordinator, stated that Council is being asked to endorse a grant application to the Minnesota Pollution Control Agency for the Springbrook Nature Center for Phase I of the Resource Investigation. He stated that this grant would allow the investigation and identification of non-point sources of pollution. He stated that exampZes of non-point source pollution include urbanization, use of pesticides and fertilizers, animal feedlot management, agricultural land management, construction site prac- tices, septic. systems, mining activities, forest management, and roadway de-icing materials. He stated that the results of this pollution include the loss of wetlands, sediment build-up, and a general decline in water quality. Mr. Hickok stated that the request is for $30,000 from the Minne- sota Pollution Control Agency for the study at a cost of $44,950 plus $12,200 for the educational portion and $3,000 for management and administration, for a total of $60,150. He stated that other sources of revenue would include cash contributions and in-kind contributions. Mr. Hickok stated that this evening marks the 20th anniversary of the decision to create the Springbrook Nature Center in the City. He stated that the Nature Center has evolved and attracted inter- ested parties from every state in the nation as well as 39 foreign countries. Mr. Hickok stated that the grant centers around the water quality and quantity. He stated that at least a 66 percent loss in emer- gent vegetative cover has occurred at the Nature Center in the last five years; an increase in algae and coontail in open areas since cattails began dying off; a decrease in waterfowl and waterbird nest areas and success of those remaining; an increase in rate of siltation and subsequent reduction in wetland area; an increase in water flow rates and bounce after storm events; and an absence of the type of invertebrate species indicative of a healthy wetland. Mr. Hickok stated that Lisa Gampbell of the City staff held a meeting to discuss this grant application with surrounding cities. He stated that she coordinated the completion of the grant applica- FRIDLEY CITY COIINCIL MFETING OF NOVEMBER 7. 1994 PAGE 12 tion. He stated that the Six Cities Watershed Management Organiza- tion has agreed to sponsor this grant application. He stated that because the Nature Center is located in Fridley, the City would be the largest contributing sponsor, contributing $1,500 in cash con- tributions, and $16,040 in-kind contributions. He stated that City staff would be responsible for grant administration and completion of the educational components. He stated that the cities of Blaine, Coon Rapids, and Spring Lake Park have agreed to provide cash and in-kind contributions. He stated that other interested parties and partners include local businesses, the Anoka Conserva- tion District, and the Six Cities Watershed Management Organization. Mr. Hickok stated that the objectives are to identify and document water quantity and quality throughout the Springbrook Subwatershed; minimize bounce effect of water flow into Springbrook Nature Center wetland; return and preserve desired plant and animal life through- out the subwatershed and at the Nature Center complex; direct sil- tation dropout to areas where it can be easily removed; and -educate and motivate Springbrook Subwatershed citizenry to actively parti- cipate in resource management strategies that will promote water quality throughout the subwatershed. Mr. Hickok stated that there would be another phase of this grant program which is the implementation grant and that would be a separate application. Mr. Siah St. Clair, Natural Resources Coordinator, stated<that over the last several years they have had a significant increase in water levels and damage to boardwalks at the Nature Center. He stated that if the City works with upstream landowners and other cities regarding the flow and quality of the water, he felt that they could make some changes. MOTION by Councilwoman Bolkcom to approve the applicati�on for the Springbrook Resource Investigation Project/Clean Water Partnership Phase I Resource Investigation Grant and authorize the City Manager to execute the letter of support. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. APPROVE MASTER GRANT CONTRACT BETWEEN THE CITY OF FRIDLEY AND MEDICA CHOICE• Mr. Hunt, Assistant to the City Manager, stated that each year the City contracts for health care services through the joint powers agreement with Anoka County. He stated that the choice of provi- ders and rates is made by the County Board, and the City is being requested to approve the master grant contract. MOTION by Councilman Schneider to approve the master grant contact between the City and Medica Choice and authorize the Mayor and City FRIDLEY CITY COONCIL MEETING OF NOVEMBER 7, 1994 PAQE 13 Manager to enter into the contract. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. APPROVE PLACEMENT OF STREET LIGHT ON WEST DANUBE ROAD BETWEEN EAST DANUBE ROAD AND NORTH INNSBRUCK DRIVE (WARD 2): Mr. Flora, Public Works Director, stated that a petition has been received for a street light on West Danube Road. He stated that Mr. Nault, who initiated this request, has received support from his neighbors for the street light. He stated that staff recommends the installation of the street light between 5535 and 5555 West Danube Road. He stated that the property owner at 5575 did not support the street light but would not object if it was not installed between his property and 5555 W. Danube Road. Mr. Nault stated that he, as well as his neighbor, have had several acts of vandalism and wanted the additional lighting. MOTION by Councilman Schneider to receive Petition No. 10-1994 for a street light on West Danube Road. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to direct staff to install a street light between 5535 and 5555 W. Danube Road. Seconded by Council- woman Jorgenson. Councilman Billings asked the City's policy for installation of a street light. Mr. Flora stated that for a mid-block street light there has to be an excess of 1,200 feet between lights, but there is an exception for curves and hills. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 11. APPROVE CHANGE ORDER NO. 2 TO LOCKE PARK FILTER PLANT PROJECT NO. 240• Mr. Flora, Public Works Director, stated that a number�of miscella- neous items have been added or subtracted to this proj ect, and this change order is for a deduction of $3,126.83. MOTION by Councilman Schneider to authorize Change Order No. 2 to the Locke Park Filter Plant Project No. 240 with NewMech for a reduction in the original contract of $3,126.83. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL ME$TING OF NOVEMBBR 7, 1994 PAGE 14 12. MOTION TO SCHEDULE A SPECIAL CITY COUNCIL MEETING BEFORE THE CITY COUNCIL CONFERENCE MEETING ON MONDAY NOVEMBER 14 1994: Mr, Burns, City Manager, stated that the purpose of this special meeting is to receive the Statement of Canvass from the election. MOTION by Councilwoman Jorgenson to approve the scheduling of a special City Council meeting on Monday, November 14, 1994 at 7:30 p.m. to receive the Statement of Canvass from the election. seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously._ 13. APPOINTMENT: CITY EMPLOYEES: Mr. Burns, City Manager, stated that he wished to recommend two persons, Kim Herrmann and John Berg, for appointment as full-time Firefighters for the City. He stated that Mr. Herrmann attended Anoka Ramsey Community College and North Hennepin Community College. He stated that he has worked for the Public Works Depart- ment since April, 1985 and was a paid on-call firefighter for the City since January, 1988. He stated that Mr. Herrmann has various computer training and holds certificates in fire fighting operations. , Mr. Burns stated that Mr. Berg attended North Hennepin Community College, Minneapolis Technical College, and NEI College of Technology. He stated that he was a firefighter for Columbia Heights for eight years and a paid on-call firefighter for Fridley since September, 1987 including being a Fire Captain since January, 1991. He stated that Mr. Berg also holds certificates in fire fighting operations and has experience in enforcing the Uniform Fire Code, Building Code, Life Safety Code, and portions of the Plumbing and Electrical Codes. Mr. Burns stated that one opening was due to the retirement of Gary Larson, and the other opening was created by the institution of the rental inspection program. MOTION by Councilman Billings to concur with the following appointments by the City Manager: Name Position .$ Kim Firefighter Herrmann Non-exempt John Firefighter Berg Non-exempt Starting Salarv $12.61 per hour $12.61 per hour Starting Date Replaces Nov. 8, Gary 1994 Larson Nov. 20, New 1994 Position FRIDLBY CITY COIINCIL MEETING OF NOVEMBER 7. 1994 PAGB 15 Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. INFORMAL STATUS REPORTS: � Councilwoman Jorgenson asked if there were any items for discussion after the Council meeting. Mr. Burns, City Manager, stated that there are several items which he outlined as follows: (1) organizational plan for community wide clean-up day; (2) Rice Creek Townhouse playground proposal; (3) playground maintenance agreement with School District No. 14; (4) demolition of Findell house at Riverview Heights Park; (5) consul- ting contracts for IS Five-Year Plan review and VRU specifications; (6) demolition of house on bth Street; (7) Cable Television Commis- sion's recommendation regarding increase in ETC budget; (8) propo- sai for a three story Lake Pointe office building; (9) County ownership of property on 57th Place; and (10} water and sewer Com- prehensive Plan amendments. He stated that he would also like Council to consider the proposed 1995 calendar. He wondered if these dates were acceptable., as action should be taken soon on this item. Mayor Nee requested that Mr. Flora outline the issues raised by the League of Women Voters in Coon Rapids on a development in that city. Mr. Flora stated that the City of Coon Rapids authorized the con- struction of a commercial complex between Highway 10 and University Avenue and a wetland is located within this development. He stated that this issue was before the Technical Review Commit-tee, and there was a two to one vote to authorize construction within the wetland. He stated that the Anoka County Soil and Water Conserva- tion District disagreed with that decision and went to the League of Women Voters. An appeal was submitted to the Board of Water and Soil Resources (BWSR) to review the decision and, hopefully, reverse it. He stated that BWSR is obtaining comments from the cities abutting this development. He stated that since BWSR is represented on the Technical Review Committee, he believes that the Technical Review Committee's recommendation will stand. Mayor Nee asked how this development would affect Springbrook Nature Center. Mr. F1ora stated that, basically, it should not have any affect. He stated that it is within the City of Coon Rapids' commercial and industrial area where they have constructed ponding. He stated that there is a maximum amount of flow that can enter the City of Coon Rapids. Mr. Flora stated that he did not feel the development would have an adverse impact on the Springbrook Nature Center. He stated that he has responded, as a representative of the Six Cities Watershed District, acknowledging that the information was received. FRIDLEY CITY COIINCIL MESTING OF NOVEMBER 7� 1994 PAGE 16 14A. CON5IDERATION OF NOMINATION OF POTENTIAL MEMBERS TO SERVE ON THE RICE CREEK WATERSHED DISTRICT: Mayor Nee stated that Mr. Flora has proposed three names be submitted for consideration for appointment to the Rice Creek Watershed District. MOTION by Councilwoman Jorgenson to concur with Mr. Flora's recom- mendation to submit the names of the following persons to be con- sidered for appointment to the Rice Creek Watershed District: (1) Robert Barnette, 541 Rice Creek Boulevard; (2) Scott Lund, 580 69th Avenue; and (32) Robert Schroer, 490 Rice Creek Boulevard. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 58430 through 58796. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. LICENSES• MOTION by Councilwoman Bolkcom 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. 17. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Bituminous Consulting & Contracting Co., Inc. _' 2456 Main Street N.E. Blaine, NIN 55449 Concrete Street Repair - Kerry Lane Project No. ST 1994-12 FINAL ESTIMATB . . . . . . . . . . . . . . . $ 1,717.55 Progressive Contractors, Inc. 8736 Zachary Lane Osseo, MN 55369 Concrete Street Repair - North/South Innsbruck Area Project No. ST 1994-7 FINAL ESTIMATE . . . . . . . . . . . . . . . $138,958.10 FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 7. 1994 PAGE 17 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Legal Services Rendered as City Prosecuting Attorney for the Month of September, 1994 . . . . . . . . . . $ 11,167.50 Karlen Corporation 901 125th Avenue N.E. Minneapolis, MN 55434 Commons Park Shelter Project No. 267 Estimate No. 4 . . . W. B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, MN 55330 . . . . . . . . . . . . $ 31, 789 . 00 Street Reconstruction - Stinson Boulevard Project No. 1993-7 Estimate No. 5 . . . . . . . . . . . . . . . $ 28, 789. 75 Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 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 November 7, 1994 adjourned at 9:50 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor THE MINIITES OF TH$ SPECIAL MEETING OF THE FRIDLEY CITY COIINCIL OF NOVEMBER 14, 1994 The Special Meeting of the Fridley City Council was called to order at 7:31 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: ��:�� ADOPTION OF AGENDA: Mayor Nee, Billings, Bolkcom None Councilwoman Jorgenson, Councilman Councilman Schneider, Councilwoman MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1. RECEIVE STATEMENT OF CANVASS FROM THE NOVEMBER 8. 1994 ELECTION: MOTION by Councilman Schneider to receive the Statement of Canvass from the November 8, 1994 election. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motian carried unanimously. ADJOURNMENT• MOTION by Councilwoman Bolkcom to adjourn the meeting. Seeonded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Special Meeting of the Fridley City Council of September 14, 1994 adjourned at 7:37 p.m. Respectfully submitted, William W. Burns William J. Nee City Manager/Recording Secretary Mayor I _ � Community Development Department PLANIVING DIVISION City of Fridley DATE: November 17, 1994 TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Sco�t Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Public Hearing for a Rezoning Request, ZOA #94-03, by David Stewart The Planning Commission reviewed the rezoning request by David Stewart for property owned by Robert Gilstad at its October 19, 1994 meeting. The property is generally located west of 5720 Polk Street N.E., south of 930 Hackmann Avenue N.E., and north of Moore Lake Apartments. The Planning Commission voted 3:1 to recommend approval of the request to the City Council. The City Council public hearing. the hearing. MM/dw M-94-695 established November 21, 1994 as the date of the Staff recommends that the City Council conduct STAFF REP4RT Community Development Department �� Appeals Commission Date (L;-� Planning Commission Date : October 19, 1994 City Council Date : November 7 1994 _ ' November 2�, 1994 APPLICATION NIIMBl3R Rezoning request, ZOA #94-03 David Stewart, petitioner; owner of Moore Lake Apartments Robert Gilstad, property owner LOCATION Vacant property located west of 5720 Polk Street N.E., south of 930 Hackmann Avenua N.E., and north of Moore Lake Apartments. REOIIEST To rezone the subject parcel from C-1, Local Business, to R-1, Single Family Dwelling. BACRGROIIND The request is related to a lot split, special use permit, and variance request currently being processed by the petitioner to allow additional parking on a portion of the property at 5720 Polk Street N.E., a City-owned parcel. The rezoning is a result of negotiations between the petitioner and the owner to obtain a snow storage easement along the south property line of the subject parcel for snow storage by the apartment complex. ANALYSIS - Three criteria need to be evaluated in analyzing any rezoning request: ♦ District compatibility with adjacent uses and zoning. ♦ District intent. ♦ Whether or not the parcel meets the district requirements. Compatibility with Adiacent Uses and Zoninq The adjacent zoning is: Staff Report ZOA #94-03, by David Stewart Page 2 ► R-1, Single Family to the north and east, ► R-3, General Multiple Family to the south, ► C-1, Local Business to the west. Land uses are: ► single family to the north and east, ► apartments to the south, ► vacant directly west, ► small gas station/convenience store to the northwest. Rezoning the subject parcel would be compatible with the adjacent uses and zoning. Use of the property in its current zoning would be limited due to the shape of the property. An awkward configuration of a retail use would result. It is also appropriate to end a zoning district along the west line of the property in alignment with the property to the north. District Requirements The subject parcel is vacant, measures 120' x 170', and has a lot area of approximately 20,400 square feet. The parcel, however, is land-locked as it does not have any street access. The owner owns the parcel to the north of the subject site and should combine both lots into one parcel. The subject property contains a depression and receives stormwater from adjacent parcels. With the exception of the lack of access, the parcel meets the minimum requirements of the R-1, Single Family dwelling district. District Intent The City typically has a site plan to review with a rezoning request. In this case, the petitioner is not intending to develop the parcel. If the property is rezoned,.any future development plans would be subject to the R-1, Single Family Dwelling District regulations. RECOMMENDATIONfSTIPIILATIONB: The request meets the three criteria used to evaluate rezoning requests. Staff recommends that the Planning Commission recommend approval of the request, ZOA #94-03, to the City : Staff Report ZOA #94-03, by David Stewart Page 3 Council, subject to the owner combining the parcel with the parcel to the north as one parcel of record. PLANNING COMMISSION ACTION The Planning Commission voted 3:1 to recommend approval of the request to the City Council as presented by staff. CITY COIINCIL RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission action. 1C °?�� '�� , ..; � � �� '� J/I�' �, :� .�-•J-..:: ' �/ 32 ZOA #94-03 David Stewart �� - ��> ,• ++ ,��'° Cn c�+) CsJ (�� c v� '� �'�L�' !1 JI 11 K ll K _�'_ � �' �''41�j, a�, '��'4'� ' ' / E - :1 ...(� � , } +,:`; � �� r�?� ; , 4� �� ' z /� 7i �� ► �+i� r A1`wi,dw+�r /�wc ` � . . (� �� '� t,,� .. + � � .��xF�� f �1� �, w� - — � ` t � i i!% ( ' � � -� 1 `3 � ~ ,4 � ~°`'0`'r � � `, . � flw a/ L�irwr � �'V fi �� f" ; ��` p � � L�O � . .. .. . . : ... f ; . Nc' ... �, _ .. .. •a �� r" • ' - ' _ _ - .. /1/l. � t� 6' 7� �� rj � / ' � � ,�?��r� nt�� ,-� , � , �I � /1 d � � � � �' `�l � ; • r r�� e.r ,�•�►�, •nsc�: _ �� •• j M �� N'w �x wLYNDE t � t Dr�ve = , � . �y . � � • ti � ! '� � *r i •x*~« ji•.r, .•.e.�r � �q � ••�r� � 9i I �� ' !� � � J � r� � y Ai� �7i� i'ti s � ,� i � f I ! 1 / A 7 � ,f � ! J � � . i � � � N� - - ni:� - �� (74 U°� ,� �i ` _ - �,�. � � w�..r.i r .r,.A Q�� J.�•�►ir ' . (3a) i .:• :.� � n • � � < `ta - • ,�."k,,, � 6A ��'1 �s. �A (ioJ . � � � N/LLJ17►Ab , � i? .. r. r` � J-) � t . . . o� / I,.,n (u1 AAGYT1qN (�i�o) � � . i 6 �" (r�� N .� -----•— � {,�u E:.TATE �lr� -rl r .a�e (�1 ` �! . ,� �- 4 �r'. /p / . ��il � ..,. .... .__.._� , , ''�AUD.QLA S VISION ` "� `` � ...R•n.s..�w � � ' � 6 . � , ; �'if( _ r — — � — '7 � � •� �rf 1 �.. 1 N �� _L_ ., • � �� , �� `` , E--------- � ---- ----- - --------- qi ��• j `'� � ' •. �r' �� '� ' . ---- - - � ----•---• _---------- � .-��.- �_ ---------- �� ' � t� C(8) � � '� Q�� N� • ------- 8- - =� ----------------______-{�'�---------------- -----=�:----- �B � -9 - � � -- � S�t _..,� -:� --=-f----------`'��--------------------j,�----------- ��r... �� a.' . � / Y' '`'�� j,// �� by� � _• -�ti��' _ ( `�� 4+kr� �C�; / R�WE Z ��i1 � '--- ....u�w un 7�0._- ., .. / CQ774 .i The Rezoning request will allow the permitted uses to change from Local Business (retail and office uses) to Single Family (one family dwellings). � i' ZOA 4�94-03 David Stew , � i i - ' � / � 7� f' J p i • : � � a � � / - A B P �o „ y i! 1n / • • r L /2 �i � �J K � f � • - �� R� f 0 � � M R�• �a ° DO H1lLCfiES7 zr x zs E � y ' � i I ; 1 f •(„AK E�� L��v A � � a� :�. ''/ x � / �' - • QEAC �,? i �'- . x ' ,; � / / � `� P, N � ' ` 9 EL LA D . ,. t � -/ _ � � _ t ' . � . � / � a � K ' � �`=�� v �� ` $�G,¢ � � FA� N A A j , . � r n Mr / �'r o, � , , z G` � 7 � �6 i � �T ' � . i � c��- ! , S � ,4 , , „-, ; ; I � GAR� I� 4 • / 1� , , � � f.i �:' ,• ls 3I Jc ,�� .� �7 ! 4! � � • / !:� �� 3 �-- - - - - Z W 2 ' / � • �,� �6 `� ', 7 � 6 I . � � 3 3 • / / t ,t.i 1s ��o � 4 � • -. � \7.. � ,� , � , s ' 6�ACE H/GH r, S c'f �;z � s � ' • � � � '1 �� ' �" j ,3 Z z 6 . �' r�� s � � � ,,� I '� , \�1 „ � - �+ iI g � � � _ _ /.. �' t - ,` ,s A ',� ,..�. „ Z , B_ SCHOOL ADDlT/ON �� ° ; / z` ��' � 5 ,o S 9 . _ : . zs ,� � .� . ,� -- N ..;i P�, _► �? ' 1 � � � � io � : . �� 1; �c + 1 I 3 d �r �T: � �� /' �l> > / q: e � ' f G ,' ` 1% l �� ; ,,� iz � � � i' Qk c 7[ j 19 �?/ =� 7 1l �/9 � /! � 1 /` . ` ; ' 3� ��r i � , : .. , _ _. /'� . � - , /S .t1 37 �i� 7s �I� �37;lB'3� 4a�4/;�I / i2 3'�. s � � , � B ` y�� / �r — ,,i ,% ATH Y AN � ,s i� 1° � s � ♦ g � ; 1�5 — �3�.r i. iol9�� c r'a;3 1� '.��2 23z4 �f � r► �Z ORT , O i;� 3 1 t S �K�` �� .�.� � i/ io� 9iB �7 . / � Z 1� t+i + j �` ...... � �T VE �3 ,�� 3 �s u a z A �� _ � , � • • • 2 !� 7 2 i . 8 ! �6 � ,0 4 H / �Z • • � • ? � �� c ! �s 9 5 1 � � S , e � �'i 3 B � 3 , i�C,F' ��,� �_ ••• -t. � � '� z 4 t � � 1 49 • 3 2/ ` � 5 3 I LW/lV 67 � i� ��Q• i° . ' 6 4�i2 s � � � K . L S S D/vl,,/ON � 71T/ON • • • • • • s Q�.i„ 4 ro � � S u : s u s ` • 3 � • � , - -- " `► �: 4 i . 2 K • • • B � � �------ - /o - 7 8 9 � �; � � 1 S A . • 9 • I . b � S '<J-�,��i'�: . '�q 3 LAKELq ps . � �� 9 � `,t,: � _ 'J' St'l� � �- z- � • Vo//ey View � J a 1 � �'a�� •. . _•.�.•;. :• ... �GR HE 1 G HT$ S CArislion � � ri�'�','.,,a •' -�-R �ghwa - � H � -� �� Y� 6g4 , �� . _ _ �._ _ . -�:: DISTRICT LEGENO O 11-1 ON! fAWl7 OWO'S ❑ Y-t LIQXT IMDUETNIAL � PN4 11-3 TW0:/�YIL� DWO'9 � M-t NEIIVY INDUSTAIAI � Q� � •�t�. ��. =� � 1�-3 OEN. YULTIIL[ OW6'$ � PUD PLANM[O UNIT DEY. � C� � � �.� L'�_ yD ,a 11-� MO/ILE MOY[ PA11R � y-7 N70E P�NK NEI6N�OIIN000 Y� 'i' � � n ` ► IUlUC iAClLlit[S � S-2 REDEVELOOMENT DIfT111CT D/ / / • •� C-t LOCAI OYfIN[iS � O-1 CqEEK L RIVEN V11fSCRYAT�pN � 7 �� /� 9 C-I OFNENAL lU31NE51 � O-7 CRITICAI �RFA � 9 � C�� OENlIIAI SNOVIIN6 � /O (� �' C-�1 6ENERAL OfFICE � V�CATEO STREETS a,J .o rri �; � �E ZONING MAP� 0 �ri � �� ti . , , - - --- - -- -- ,_.__._ ; .. . _. _ . _ _ : .. _ . c ' ui o: � h tii �F-- ---- - _ _ - -- ------ •' T f�,'(� M � -- - _ _ ��M r O; i � � _ � ;� r-- r i 0 �: ZOA ��94-03 David Stewart �n. c� � �_ --- - --- ! M; �ril r�i Q O �; - - � �'OL �6Z�8� � 1,33a1S }IIOd ^_i_�-'''� 0�09L 0'LL � O .: U "' Z�,yp� ��Or( m� O� x i T �a°�`' � � -- - - _' � T N�� L � \\� , 4? u = ; F- W N W¢ ' Q. ao� `��7////�///% /% ;a? � � � � L � LL '-----�_ �r-- / I _1 � � I I � �.�a urvrM�llH -------_-_--------- -- - -- � 1F Proposed Development Pian � N � 0 � � �C � � `a �+ A C. � � 1 � � �LANNING COMMISSION MESTING OCTOB$R 19. 1994 PAQB 9 IIPON A VOICS VOTE, AI�L VOTING AYE� CBAIRPBRSON NEWMAN DE THE MOTION CARRILD AND TH8 PIIBLIC HEARINa CLOS$D AT 8:0 P.M. MOTION by Ms. Savage, seconded by Mr. Sielaff, to ap rove Special Use Permit, SP #94-16, by David Stewart, to allow tomobile parking for adjacent uses, on the south 35 feet o Lot 3, Block 2, Sexter Addition, generally located at 5720 P k Street N.E., with the following stipulations:_ l. Variance request, VAR #94-26, and Lot/S`plit request, L.S. #94-06, shall be approved. ; 2. A new six foot screening fence sha,�il be constructed on the northern edge of the easement acr�tiss the Gilstad property. 3. The petitioner shall install ndscaping along the street as indicated on the plan develo ed by staff including the following elements: , A. B. C. D. E. F. G. 2 - Nanking Cherry� 6 - Maney Juniper / 8 - Isanti Dogwo d 14 - "Miss" Kim ilac Weed Barrier 3-inch rock m lch Vinyl edgin The landscapin is to be completed with one year after completion of the parking lot. 4. The parkin lot perimeter, except for the area next to the retaining all, shall be lined with six-inch concrete curbing ' accordance with Fridley Engineering Department specifi ations. . � 5. ' The titioner shall install a six-foot high board on board scr ning fence constructed of treated wood parallel to and tw feet from the north property line. The fence height s all be reduced to four feet at a point 35 feet from the olk Street lot line. Engleman ivy shall be planted two feet on center on the north side of the fence. A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEAMAN DECLARED MOTION CARRIED IINANIMOOSLY. 3. PUBLIC HEARING: CONSIDERATION OF A REZONING REOUEST. ZOA �94-03, BY DAVID STEWART: To rezone from C-1, Local Business, to R-1, Single Family .Dwelling, to allow parking and dumpster placement on the easterly 120 feet except the northerly 135 feet of that part of Lot 1, Auditor's Subdivision #25, which is described as 1G PLANNING COMMISSION 1rISBTINQ OCTOB$R 19. 1994 PAG$ 10 follows to wit: beginning at a point on the north line of said Auditor's Subdivision distant 221.7 feet east of the northwest corner thereof which point is also on the centerline of Central Avenue, then east on said north line a distance of 270.8 feet, then south a distance of 308.2 feet to a point on a line parallel with and 160 feet north of the most southerly line of said Lot I which point is 437.44 feet distant east from the centerline of Central Avenue, then west along a line parallel with and 160 feet north of the most southerly line of said Lot 1, 437.44 feet to the centerline of Central Avenue, then northeasterly along said centerline to the point of beginning and except the north 30 feet thereof said 120 feet to be measured along the north line of said Lot l. This property is generally located west of 5720 Polk Street and north of Moore Lake Apartments. MOTION by Mr. Sielaff, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE MOTION C.ARRIED AND THE PIIBLIC HEARING OPEN AT 8:09 P.M. Ms. McPherson stated Mr. Stewart is the petitioner and Mr. Gilstad is the property owner. The subject parce2 is located between 5720 Polk Street and vacant property owned by Pure Oil Company, north of the apartment complex, and to the rear of Mr. Gilstad's dwelling located at 930 Haclanann Avenue N.E. The request is to rezone the subject parcel from C-1, Local Business, to R-1, Single Family Dwelling. While the petitioner has been the same in all three requests, this request is not directly related to the other requests being processed by the petitioner. Ms. McPherson stated the rezoning request is a result of negotiations between the petitioner and the owner to obtain a snow storage easement along the north property line between the subject parcel and,the apartments to allow snow storage for the apartment complex. Ms. McPherson stated, when considering a rezoning request, staff evaluates three criteria: • District compatibility with adjacent uses and zoning. • District intent. • Whether or not the parcel meets the district requirements. Ms. McPherson stated, in this particular area, the adjacent zoning includes R-1, Single Family Dweiling, to the north and east of the subject parcel; C-1, LocaZ Business, to the west; and R-3, General Multiple Family, to the south. There are single 1H PLANNING COMMISSION ME$TINd OCTOBBR 19. 1994 PAa$ 11 family dwellings to the north and east, an apartment complex to the south, and a convenience/qas station use to the northwest of this area. Rezaning the subject parcel would be compatible with adjacent uses and zoning. Use of the property in its current zoning would be limited due to the shape and location of the property. The property is also land locked. Any development which would occur on this property would need to occur in combination with either property to the north or the property to the west to provide street access. Due to the current zoning configuration, the C-1 district ends at somewhat of an awkward location. 3y moving the zoning district line, it makes more sense. � Ms. McPherson stated, in terms of the district reguirements, the subject parcel is currently vacant and measured 120' x 170' with an area of approximately 20,400 square feet. The property is land locked and does not have street access. This property should be combined with the owner's property to the north. Currently, there is a low spot in the southern portion of the parcel that receives stormwater run off from adjacent properties in the area. With the exception of the lack of access, the property does meet the minimum requirements of the R-1, Single Family Dwelling, district. Ms. McPherson stated, in terms of district intent, typically when the City reviews rezoning requests, staff is .looking at a specific site plan or a specific use. At this time, the petitioner and the owner are not interested in developing the property. In the future, any development plans for this parcel would be subject to the R-1, Single Family District, regulations. Ms. McPherson stated staff recommends approval of the request as it meets the criteria; subject to the owner coxabining the parcel with the parcel to the north as one parcel of record. Mr.-Newman asked if the parcel directly to the north has a structure located on the property. Ms. McPherson stated yes. Mr. Newman stated, since would be hard to use it north. Ms. McPherson agreed. the subject parcel is land locked, it in combination with the parcel to the Mr. Newman asked if this was necessary to accomplish snow storage. Ms. McPherson stated it was not a requirement of the City; however, it was the agreement between the petitioner and the 11 � PLANNINi� COI�IISSZON MSETING OCTOB$R 19. 1994 PAGE 12 owner of the property. Mr. Stewart stated the reason for the request is an aqreement with he and Mr. Gilstad. Mr. Stewart wanted to be able to move the fence off the property line. Currently, they cannot push snow in that direction. Mr. Gilstad has agreed to grant an easement to the partnership to allow us to build a fence across his property line, which will enable them to move the car bumpers to the property line to the edge of the asphalt and not hit the fence. They talked about putting the fence back 15 feet which would be ac�equate and will�make the accessibility of traffic better. For that reason, he agreed to petition for rezoning as a means of allowing the partnership to have better access and a better ability to remove snow. Mr. Newman stated, from a design standpoint, what you are trying to achieve is admirable. If it is rezoned fr4m a planning standpoint, it is difficult to rezone ior single family uses. He thought they could utilize by moving the current structure. The difficult planning issue is that the property is land locked. It makes it difficult to rezone until he knows how it will be used. Mr. Gilstad stated he has been talking to staff in the last 10 years and they were already saying then they would like to see the property residential. The property is land locked. An easement was given to the property owned by Pure Oil and given to them. It is his intention for the property is to clean it up and join it with his backyard. Mr. Newman stated he could do that as the property is currently zoned. Mr. Gilstad agreed. Staff said they wanted the property zoned R- 1. The commercial zoning has no benefit to him. He cannot sell the property because it is land locked. If joined to the property, he still owns it either way. Mr. Newman stated that, an effort to accommodate Council in the past. Mr. Gilstad stated yes. essentially, the request is being made in concerns raised by staff and the City MOTION by Mr. Sielaff, seconded by Ms. Savage, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:20 P.M. Mr. Sielaff stated it is an unusual request but he sees no reason not to approve it. 1J PLANNINa COMMISSION ME$TINa OCTOB$R 19. 1994 PAG$ 13 Mr. Saba stated he has concerns about a land locked property in that it creates problems in the future. He did not know that the request would solve that. They may need to change the code to make it accessible. This may be the best use. It does solve two problems. At some point in time, they may have to go back and do something about it. Anytime there is a land locked property, there is a problem in the future. In light of that, he would be will to go along but he has reservations. Ms. Savage stated she would support approval. Mr. Newman stated he was opposed. On a land locked piece of property with no specific plan, he sees no reason.to rezone. The property to the west is commercial. The property to the south is multi-family and one could say it might be part of the multi- family. It makes sense to him to keep it as it is. Without a plan, it makes no sense to rezone. MOTION by Mr. Sielaff, seconded by Ms. Savage, to recommend approval of Rezoning Request, ZOA #94-03, by David Stewart, to from C-1, Local Business, to R-1, Single Family Dwelling, to allow parking and dumpster placement on the easterly 120 feet except the nortnerly 135 feet of that part of Lot 1, Auditor's Subdivision #25, which is described as follows to wit: beginning at a point on the north line of said Auditor's Subdivision distant 221.7 feet east of the northwest corner thereof which point is also on the centerline of Central Avenue, then east on said north line a distance of 270.8 feet, then south a distance of 308.2 feet to a point on a line parallel with and 160 feet north of the most southerly line of said Lot 1 which point is 437.44 feet distant east from the centerline of Central Avenue, then west along a line parallel with and 160 feet north of the most southerly line of said Lot 1, 437.44 feet to the centerline of Central Avenue, then northeasterly along said centerline to the point of beginning and except the north 30 feet thereof said 120•feet to be measured along the north line of said Lot 1. This property is generally located West of 5720 Polk Street and north of Moore Lake Apartments; with the following stipulations: 1. This shall be subject to the owner combining the parcel with the parcel to the north as one parcel of record. Mr. Sielaff asked if the easement needed to be addressed. Mr. Hickok stated the easement is an issue between the property owners. Staff recommendation for the fence on the back of that easement was to allow for snow storage which is part of the parking issue. According to code, the fence would need to be nearly on the property line. This is saying is that it would be back beyond their private agreement so that he could do the snow storage. Easement language was tied directly into because staff 1K �LANNINQ COrIIrlI88ION ME$TINa OCTOB$R 19, 1994 PAG$ 14 sees this as an issue they are dealing with. There is a fence that encloses a screening area on the property. If the parking area is backed up to residential, it requires a fence. He thought a portion of that is screened by the dumpster enclosure but the code requirement would be that the privacy fence be completed along the back lot line. Mr. Newman stated he understands the easement is a contractual agreement between the petitioner and owner. The Commission's basis for rezoning is good planning. If the easement is not granted, the fence needs to be on the property line. If the easement is granted, the fence is to be placed on the easement. IIPON A V'OICE VOTE, WITH MS. 3AVAGE, MR. SABA AND MR. SIELAFF VOTING AYE AND MR. NEAMAN VOTiNG NAY, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED BY A MAJORiTY VOTE. Ms. McPherson stated the Special Use Permit, Variance, and Lot Split would be considered by the November 7. A public hearing will be establishEd for the rezoning at this meeting also. 4. To vacate that part of the drainage and util' easements which lie six feet on both sides of the li between Lot 8 and Lot 9, Block 2, iioliday Hills, Anoka ounty, Minnesota, and between said Lot 9 and Lot 8, Bloc 1, Holiday Hills Second Addition, Anoka County, Minn ota, and which lie within the boundary of the follow' g described tract: That part of Lot 8, Block 2, Holiday ills, Anoka County, Minnesota, lying southerly of e foZlowing described line: Beginning at a point on the asterly line of said Lot 8, 15 feet northeasterly of the ost southerly corner thereof, thence northwesterly to he most westerly corner of said Lot 8 and there terminati ; also Lot 9, Block 2, Holiday Hills, Anoka County, Minne ta; also that part of Lot 8, Block 1, Holiday Hills Sec d Addition, lying southeasterly of the following descr' ed line: Beginning at a point on the westerly line f said Lot 8, 55 feet northwesterly of the most souther corner of said Lot 8; thence to a point on the easter line of said Lot 8, 99.65 feet from the most southerl corner of said Lot 8 and there terminating. This propert is g�nerally located at 501 Rice Creek Boulevard N.E. Ms. McP erson stated the subject parcel is Iocated at 501 Rice Creek oulevard N.E., which is located south of 69th Avenue and east of University Avenue. The property is zoned R-1, Single Fa ly Dwelling. There is R-3, General Multiple Family, at the ' tersection where Woodcrest Baptist Church is located. 1L r _ � . Community Development Department P G DIVISION City of Fridley DATE: November 17, 1994 � TO: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Public Hearing for a Vacation Request, SAV #94-03, by Mearlin Nordstrom; 501 Rice Creek Boulevard N.E. The Planning Commission conducted an informal hearing regarding the vacation request at its October 19, 1994 meeting. The request would vacate drainage and utility easements along the north and west lot Zines of the subject parcel. The Commission voted unanimously to recommend approval of the vacation request to the City Council. The City Charter rec�zires that the City Council conduct a public hearing regarding all vacation requests. RECOMMENDATION The City Council public hearing. the hearing. NII�!/ dw M-94-696 established November 21, 1994 as the date of the Staff recommends that the City Council conduct APPLICATION NUMBER STAFF REP4RT Community Development Department Appeals Commission Date Planning Commission Date : October 19, 1994 City Council Date : November 7, 1994 November 21 1994 Vacation request, SAV #94-03 Mearlin Nordstrom, owner LOCATION 501 Rice Creek Boulevard N.E. The property is zoned R-1, Single Family Dwelling. R�ovEST To vacate drainage and utility property lines. The request, construction of an addition to ANALYSIS easements along the north and west if approved would allow the existing garage. The petitioner owns Lot 9, Block 2, Holiday Hills Second Addition. The petitioner acquired two adjacent "slivers" of property on the north and west sides of the subject parcel and has since combined them with Lot 9, creating one taxable parcel. Six foot drainage and utility easements were originally dedicated on either side of the lot lines of Lot 9. As a result of the consolidation, the dedicated easements bisect the buildable portion of the lot where the petitioner proposes to expand the garage. The City does not allow construction in easements. The petitioner requests that these easements be vacated and new easements dedicated along the new lot lines of the combined subject parcel. There are no public utilities located in the easement areas. Vacating the easements would not adversely affect drainage patterns on the subject parcel. Water currently drains in a southeasterly direction across the driveway and into the street, as well as draining from the rear of the structure to the east to the street. The private utilities have been notified of the . vacation request, but have not yet responded. The petitioner has not submitted plans for the garage expansion at this time. Staff, however, analyzed a potential garage Staff Report SAV #94-03, by Mearlin Nordstrom Page 2 expansion by the petitioner. The existing garage is 26' x 30' (780 square feet). The code permits a first accessory structure to be 1,000 square feet in area. This would allow an addition of 22o square feet (11' x 20') without a variance. The proposed expansion would not impact lot coverage (15.6�). The plans shall comply with the code requirements or a variance obtained. The original easements were 12 feet wide. The City is unable to obtain the additiona� six feet from the adjoining property owners as they are not a party to the request. The petitioner, therefore, should provide 12 foot easements aZong the north and west property lines. RECOMMENDATION 3TIPIILATIONB The request does not adversely affect adjacent properties. Staff recommends that the Planning Commission recommend approval of the request, SAV #94-03, to the City Council with the following stipulations: 1. A 12 foot drainage and utility easement shall be dedicated aiong the inside of the west and north property lines. 2. The garage expansion shall comply with the code requirements, or a variance obtained. PLANNING COMMI38ION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. CITY COtJNCIL RECOMMENDATION Staff recommends that the City Council approve the request as recommended by the Planning Commission. : . _ . ., ; �I -,4 � _ . �. ■ _s .. � i � .- o .. �t --_•u•- _ _ � � � I I � ._ m ,_ : '�� . , , ,. � � ; �� i: - , . ,_ - : _ � .»�' � I � i r-r.y/.o , Gvt• ]C "'='' 3 '^a, _ 1 • I -.s�,.� . W � ��`.� fi�Y.w ✓ W ' ` I i I � CAY ��'�, V "'� •� , I �; 0�1��' � 26.:�: °= 0= 2 5- �`C ,y � i � :, .. . 3 � �, . t ., ' _ : � _ � �« I..i� ' �'�C `� _... �y � f l .. `� r � . � \ f . L' .\ ., �'� !r , V ';� I .I L, �e W _�t_- `' � 's• '� � �6 -� f \ `s✓ " �s �.i (,� � 1? � - y I I j �� 9 �� O�;y v :l'' �, � � � � \' � \'' ,. - _ � . \� !�1 � 1 Ir I \ C� /Gir- %. � � ` g �p:, \ \ _'C ., � '� � I � �.\., �\ ' ,., s,�. , �� `� � � � � .' . _ 'e � ,, .i I � ' � �j -°`.� = sy — /N? S I t'� �` F\� •}, '�J� y �r�t'' �t� s � � S � Z 1�� ' � f+' r .. y I _ �� .� - ',';/ �"� ., .r ' /,'IS)• ae �' � ' .s� � C \ .\ ` .'��`'J� �;a Y �" � � - ;� -. - _�-- ��, ----- =`': o ; —r ;;, �; ; ; � � , � ,',," t, -� �. I ; . �- � r: �i 3 , W -.;-/ - �•� � "�;\_,c �, ,' ( �° � , :;Jr�� •4'c, Z �; �� .y` r � � Sl � �� f— � __ � `� .. . �� ' f' 1 i (� 23 : s v�" I L '>' - � �" " - � � - �%",. i, i ,- � �. .� �� , I i' a; J , � '� � �-ao ,� I I .. i y� I'=� a � Z ?. �, '/i I � i,., � � O . j F- � LI I � I o:�. g'� ec "'� � ;D �. � _ � I I , o ." .: � ya7 evF SAV ��94-03 Mearlin Nordstrom . . � � ,• �- .. ,�. . . . , � \\� � .\� ,;; �. � , � � •' �� " �(/� �� "S� I (�� N A \ : vJ ,1.,. .` ,S'��}4 ,,� �\ ' :),�'� '/ !YG �\' w•�,{7 / ` �T . ��L�'' ..f � . E �"C� �,-.'� /�' �� a'„��`��^ � �! `�y ��i� '° 4 �eH �y3 '��', .t � 3 ��'�� r, o�: J� � � � f , L � 'u � � � ./5 �....,, p�� ' � .t .''% / , ��..+'�' }� /O' �3�� J'�J �< �s� 13� � > �N �� .,, �/ � — i� � ti�)3'I "h : i �` ��¢ : e i . �;¢• �. • �'r0 5 :fy, `� �ti � "' �� 5� - Se ��.� .• �� , � � � � Ty ? ��d� ` �%�` '' ; -3:: 4L� �� rJ � � . �C� , ` :'� ✓ � e. �. �\` �� c .r _.e � ��T°�, ��c � , `♦_ � ��: �.i � �� Y� ,.V 7 �/-' "' �.3 �. .; „�', ; \ ' �- _ � � renare �h''��► Z.-,. -'. �- . �,;6 Q,•�� c, � - �_..�. �� v �;�j � � �� _ °'=r C./ d ..d/.> � ��° c . f . h� ' I ..' � n . � . , - G ` r � 2� � }B ;., .- v : � ��r� ' ' ` ` ? - _ . - ; , � _ y . _ <i ... , - ; . - • � I � _ � - � -, s � >� , � z �' �. ., � . � � � � I` ,' :� �.f::� � H : a��s eFV �� REaR. d! `�'� � /CE � �� . ,� 2� , � ,�f�EElC � � �'�,� .�i � ` L�,�S �-s ,�R , 4 Z � � �' Z 5 Y ' .� _ � , I �� ¢ • � I ol�. I >JN �Y' I , . j ,� -�'66 TH -AVE. N'E. � , _ _ Q I , . .. -_ .. , _ ; : `. _, . ,.„ .,,� ,» ' •- .. : L' � ; V , _ 7°t: AT7 � . . � 1'2-3 BL� �, , r , TERRACE ". � 3 � � , _ � =�� R��-� RE - �'� - "t _ . � , r .{ 2 ,�, TER,"PU ; > "" "_ , .. _ - .. � -- �. .. 1 _ � Z � Rl C EE � -. - GREEK � M � � = �ERR.4 �'E' � �- ,� _ _ 2. _ Y ; - - - N - --� �-� - - : . � _ � _ - � ; ' " � - C ��'F - ��it� E-- A 1 D ++tf t+-Vlf,�l� N Ci.- f7- -.,,.r -- _ — - - { --- - -- - — - --- . _._, � ._- CENTEH=, _� T LOCATION MAP SAV 4�94-03 Mearlin Nordstrom F - • �+� • .- _. ",,... .j-- -- •.-v ' �' �:-' � I �Cee�u a�aw � ��Cr�.�i � � �''' �� ,;;,s_� � �'._.,,.. ,� � �� .. -. . � �. �..� � n "� r� � � � :� �"� �- �' . � � Eh � � G GE `" � �:� � M � Y � `� f.,� � t"'�"'� `'� ''� ' :� {� ``� � '��: `'� ; �.1 . , � ;� � - - �� ``� � ti� �� 4� � ;� � -.. �r. � � � `� - `� � � �_ �-; .c,,�� {' � � � `` _ ;� `� `� � � �, ,�.,4:,,. _ - � _ �:� � :� 4 � � � �._� : . . ,. � "'' ` - �;;� � � � 9 � � `�° ' �'� � � � � 4:� � � � • � .. �R,� - .� � �� _ t� � .� ��:-��.,� � � ,� . �_ � . � -� �. :r - �� .:, ..� ,- . � ,_ , ,. �•��_ _; .' _ `_ _�. _- , .. .. 9 •� � .�VE. �1 , _ . . . ---��, t� - -� � T—r— - � , - _ .-- , 3 `2 I ' _'_ � 3 � � � `� � ,� 3 � 1 1 3 L / - � � � � � � a� � � is �� . Q • aI • z � '� T c � ' � _` � ' � S �' g 21 j �/� i.i�i � 'f. `� � � , � , 9 4 �� i , � � � 3 Z i � � iS ,rs � i ib Z — � - q � �• �I ,� �P �4 �� 2 2 W • � �" =JT �- _ � ��` 1� 22 13 3 i?� 3 3 , i7 � i� Ib ' I , =Q � � 5 . .. \ . ZD ? a �. 6i„ i' Q, � l� �* 3 H� a.,�oT .ti . �e tu 4 ' , ` ' �AY Z ,: , W s f �s ,; �a 5 , _ �� .3 5 3 a c 6 i ` � , _ s ' B �!( . � �� `y � � 1 T 7 �f �7 ` " �3 Z � \�a � � 5 \i � � g — � + ? � I i2 ii ia j z � `•� 1 � �\ .1 b . Z�,3�.I � . . . /� -; 6 * � i � 1_ z /4 /3 /1 � � �o.;r �� ,�ri� J • �1 _ \ �f � G � -� , r� b I � �Q A ' �� A � � 2 a, i �° , ��F . � � h' ' s �B ` . 1Y 4 � �- 1 � �a �i �1 � � n rs p p � I ie 4. s I` ��y s 3 ;, , ��' �.�' �Q 68 Tfi �5 3 ,P . �� , � � �� 'J f /i � I 1 I� �3 i4 is / F s r i� 1 4 ' � ' � . TERR �� ` ' s a 7 � O � �, j � ' � � tt , y � � � � pR�°r �, .< c tua � s p ! rrtJi(� . � � io �� .! � 4 4 � s � s � t � f- B f L.� 8�! S 4 3 2/ 8 T G Si,I. 3 ic, s 6 L 9 ` � 4 S .� ^ � � s . s > � �Zl� i; 6 71 � ie,a:ili3�� it /i /i'9 B � 6 t`4 3!2�I s�4,3�i� /7 /G�i3 / r � � 2 i< i is � I - �' i (` 3 � i i � u. u � � t I� Z � L S 4 � 2 � f,i1� � r2 66 TH. AVENUE r � �'4�S� �' �g �6 , . � ..� N. . ` 4 .� � t,,� � �, A � A�� ;s, <!, : �- 6 s � �c.++o,�- ^�, I L' :1 J 1� � —�— �--T. sqC 9 , �Ex � r��R� ,o/y�� A � c� ��1►� � 2t 9' B 7, G S? s� 3 .2 � "I �. L/��'i ° � �u`r ��° 3 VW 7 7 �!'�C'�� a—.ti . �- - . . _ _ ' . . W CC1CClDJQ� _ •.�/.�.s.;%. .�. . l. "_ _ _ _ _' --......_ . ._.� �TOCCT__ . :,. � � . ' � � - '�•t:i";:i: ��I:t:�.'..�/ 2.� � , .�: �..: ��. . ' � ' � 8 ; ' � s S s j 3 d / . `�•' z � �� : �' v: �51 �� `:l: - , • �:• - _Y 4°3 ,f�,: l,7I„f .a ��, „ ` : �;,)_ .:�:�' f. � _ , „ � '�� ':1;�t?; � � • •� DISTRICT LEGEND 1 :: !'�" :�j:. • • • • � � ,'-: - � �=.=�� :t � • • • • � �,� � � ' '�� j• � � � p-t ONE FqMIIY OWG"5 � M-1 IIGNT INOUSTRI�I ❑ �60 LAN -�•j•,•�,-�•��•�� •• �\ q_2 TWO FnMIL1 OWG'S _7 M-� ME<'/Y INDUSTRI�I �i:� FOUitN! � :��'�� i:• � n S F �O I •�'� • '�}�• �• � �� q-] GEN. MUli1V�E OWG'S .�I VUO P(�MNEO UNIT OEV. L: ,I ��,• � 5-1 MYOE PppK MEICNBONMppO 4 � � �'r� � i n. ` • • 5i9 e�• R-♦ MOBIIE MOME PARR � • � � J � ,i�' ': • �� P PVBIIC FACIIITIES J 5-2 NEDEVElOOMENT DISTRICT a 9 /C •�\�� 75� •`� r�I�i• � • • • • C-1 lOC4L OUSINE55 ^ � [� q ��,�I�_ ��r• �, , ' • . J O-/ CNEEK 6 AfVER vRESERVA710N T � / � • • •r� C-2 GENENAL BUS�NESS � O-I CRITICIIL AREA Q DRivE •_•_. • C-3 GEMER4L $NOOPING C�� 6 S s �1=r, � 2 � �9 �f c-a� GEMER4L OiFICE �_� vacareo srneers :j -- -`', 2D ZONING MAP� � � i . d � !� v � _ _ � Lot 8. 2ND � wes�er�y �' LIOAY NlL� glo�k 1, NO �� _ ,, '� 580 - � 9 53 3'�E --�' ' '� � � ' , � SAV ��94-03 Mearlin Nordstrom i� 1 i , �� %'t, f'• ' i t� � ...- t . . � - • �.,� - j i `; , `; _` L , , � � � � �_ t ' y. �.-i j i..� L�� / �e�t � � I / t�e � ' , Tn� �p5 � o� �,... �, r_' ` A.,Y; oL'DAy N11. � : yqy o O � ;_' �_ i i''' g gl�k% �' EpSE� � .•.` O -' `�: �- f l-a± '---' t-fY �� '�a5ter��R-� A�� A� �^t!. � � I , � , . '��E�- '" G O�f _ �g�y ,^ , , ! bT "f �N� () ' �..- -/" �E v��a�'' �1'r� � , oc t ' � �s : I ` � r�� ' �o j a� �� r � r� � 2 � � o � I � A p � � � �° a�► � Jv� � JN , , o� , �� C � ♦ __ °' 'f a / � f =�- / �. ,--� f i 3�.4' ��' ♦'-' i� 29•0 �`.'� { i '� � � ,'� �. `__ ,j. . � . � . J l_C; �=�-- � � � �A� ��` �. 0 p ''�? � o c2i � L � � �p p � -t\ o m�a' � � p sa � � �� m � C � Da ��ZQ a � c ,QO � � � �, `` p y o � � �c / `� / I < < � � � 4. 30 � �.�`�� Ss�-- --- -- �] = EXISTiN�Cs°��MENT .= PROPOSED EASEMENT � , - , o �.9 ,�$ t ��% ( w N � �--- 67.02--- '` S. 3.`3° `J2� fl �� r`. r1.0 � / a � : S`�-_ � : � �t _. , .� ` i i � � N � � � �o tJ� � J �� . . . ; . i 1 1 r E I 6 �' r , j ' 1 � 1 � � - - a' L=15.OtY % "fl=3°26'29,� ' � R = 249.73 - .MOS� saufi�e�lu, co� '` � g;oc� 2, :, � = OVERLAP AR ��, ,�,, ��. �� 2E SIT� PLAN SAV 4�94-03 2F SITE PL�N PLANNING COMMISSION MEETING OCTOBER 19. 1994 PAQ$ 14 sees this as an issue they are dealing with. There is fence that encloses a screening area on the property. If e parking area is backed up to residential, it requires a ce. He thought a portion of that is screened by the pster enclosure but the code requirement would be that the ivacy fence be completed along the back lot line. Mr. Newman stated he understand�e easement is a contractual agreement between the petitio� r and owner. The Commission's basis for rezoning is good,-planning. If the easement is not granted, the fence needs-�to be on the property line. If the easement is granted,�t�e fence is to be placed on the easement. IIPON A VOICE V , AITH M8. SAVAGE, MR. SABA AND MR. SIELAFF VOTING AYE MR. NEWMAN VOTING NAY� CHAIRPERSON NEAMAN DECLARED THE MOTIOI�'CARRIED BY A MA.70RITY VOTE. �� Ms. l�cpherson stated the Special Use Permit, Variance, and Lot S�.1it would be considered by the November 7. A public hearing `will be established for the rezoning at this meeting also. 4. CONSIDERATION OF A VACATION RE4UEST, SAV #94-03, BY MEARLIN NORDSTROM• To vacate�that part of the drainage and utility easements which lie six feet on both sides of the �line between Lot 8 and Lot 9, Block 2, Holiday Iiills, Anoka County, Minnesota, and between said Lot 9 and Lot 8, Block 1, Holiday Hills Second Addition, Anoka County, Minnesota, and which lie within the boundary of the following described tract: That part of Lot 8, Block 2, Holiday Hills, Anoka County, Minnesota, lying southerly of the following described line: Beginning at a point on the easterly line of said Lot 8, 15 feet northeasterly of the most southerly corner thereof, thence northwesterly to the most westerly corner of said Lot 8 and there terminating; also Lot 9, Block 2, Holiday Hills, ' Anoka County,,Minnesota; also that part of Lot 8, Block 1, Holiday Hills Second Addition, lying southeasterly of the following described line: Beginning at a point on the westerly line of said Lot 8, 55 feet northwesterly of the most southerly corner of said Lot 8; thence to a point on the easterly line of said Lot 8, 99.65 feet from the most southerly corner of said Lot 8 and there terminating. This property is generally located at 501 Rice Creek Boulevard N.E. Ms. McPherson stated the subject parcel is located at 501 Rice Creek Boulevard N.E., which is located south of 69th Avenue and east of University Avenue. The property is zoned R-1, Single Family Dwelling. There is R-3, General Multiple Family, at the intersection where Woodcrest Baptist Church is located. 2G 0 PLANNIN(3 COMMISSION MEETINC�i OCTOBER 19. 1994 PAC�E 15 Ms. McPherson stated the petitioner is requestirig that drainage and utility easements be vacated along the west and north lot lines of Lot 9, Block 2, Holiday Hills Second Addition. The petitioner owns the subject parcel and, over the years, has acquired small pieces of property to the west and north and consolidated them into one tax parcel. The petitioner is proposing to add on to an existing two-car garage. The location of the easements are such that they bisect the buildable area, specifically the area directly west of the subject dwelling where the petitioner proposes to add on to the garage. The petitioner is_requesting the easement be vacated and that he would dedicate new drainage and utility easements along the west and north property lines. There are no public utilities located within the easement area. Vacating easements would not adversely affect drainage. Staff did notify the private utilities via fax and have received one response from Minnegasco who had no objections. Staff felt they would hear from the remaining utilities prior to this being heard by the City Council. Ms. McPherson statad the petitioner did not submit plans for the proposed garage expansion. Staff looked at the existing garage and any potential pl.ans the petitioner may have. The existinq garage is 26 feet x 30 feet or 780 square feet. The code allows the first accessory structure to be 1,000 square feet. Without a variance, the petitioner could add 220 square feet or an addition 11 feet x 20 feet. A proposed expansion of that size would x�ot adversely impact the lot coverage which would be at 15.6�. Any plans by the petitioner would need to comply with code or a variance obtained. Ms. McPherson stated the original easements are 12 feet wide with six feet on either side of the property line.- The City is unable to obtain the additional six feet fro7a the adjoining property owners as they are not a party to the request. Staff is proposing that the petitioner provide 12-foot easements along the nor�h and west property line. Ms. McPherson stated staff recommends approval of the request with the following stipulations: 1. A 12-foot drainage and utility easement shall be dedicated along the inside of the west and north property line. 2. The garage expansion shaZl comply with the code requirements, or a variance obtained. Ms. Savage asked if the petitioner would need a permit from the Rice Creek Watershed District. Ms. McPherson stated the impact is smaller than the minimum requirement. Staff will have the petitioner confer with the 2H PLANNING COMMI88ION MESTINa OCTOBBR 19, 1994 PAG� 16 district to be sure no permits are required. Mr. Nordstrom stated he combined the three lots because there was a problem with the tax papers. He then found out there were easements. He wants the easements moved in order for him to keep cars off the street. Within the last year or so, there was beginning to be a problem with too many cars on the street. Mr. Newman asked the petitioner if he was comfortable with the stipulations. Mr. Nordstrom stated he was comfortable with the stipulations as stated. MOTION by Mr. Sielaff, seconded by Mr. Saba, to approve the vacation request, SAV #94-03, by Mearlin Nordstrom, to vacate that part of the drainage and utility easements which lie six feet on both sides of the line between Lot 8 and Lot 9, Block 2, Holiday Hills, Anoka County, Minnesota, and between said Lot 9 and Lot 8, Block l, Holiday Hills Second Addition, Anoka County, Minnesota, and which lie within the boundary of the following described tract: That part of Lot 8, Block 2, Holiday Hills, Anoka County, Minnesota, lying southerly of the following described line: Beginning at a point on the easterly line of said Lot 8, 15 feet northeasterly of the most southerly corner thereof, thence northwesterly to the most westerly corner of said Lot 8 and there terminating; also Lot 9, Block 2, Holiday Hills, Anoka County, Minnesota; also that part of Lot 8, Block l, Holiday Hills Second Addition, lying southeasterly of the following described line: Beginning at a point on the westerly line of said Lot 8, 55 feet northwesterly of the most southerly corner of said Lot 8; thence to a point on the easterly line of said Lot 8, 99,65 feet from the most southerly corner of said Lot 8 and there terminating. This property is generally located at 501 Rice Creek Boulevard N.E., with the following stipulations: 1. A 12-foot drainage and utility easement shall be dedicated along the inside of the west and north property line. 2. The garage expansion shall comply with the code requirements, or a variance obtained. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the City Council would establish a date for the public hearina on November 7. 5. 2� To: wII,r,� w Buxivs, CTTY MANAGER �� FROM: RICAARD D. PRIBYI., FINANCE DIRECTOR SUBJECT: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF THE CITY'S $485,OOO.GENERAL OBLIGATION BONDS, SERIES 1994A DATE: November 17, 1994 Attached you will find the resolution provided to us by Jim O'Meara from the firm of Briggs & Morgan. The resolution is for the sale of $485,000 in General Obligation Bonds, Series 1994A. As you recall, these bonds are to finance the assessable portion of the 1993 and 1994 street projects along with water, sewer and storm water construction projects. As part of the process of issuing these bonds, the City of Fridley is required to undergo a fairly rigorous financial review process conducted by Moody's Investor Service who acts as our bond rating agency. We were again given a Aal rating, which is the highest rating a city of our size is capable of attaining. It seemed very evident during this review that the overriding reason far the reaffirmation of the Aal rating are the financial resources of the City, as compared to the outstanding debt. Since the bids are not due until Monday, November 21, 1994, the information from the bidders will not be available unti� the evening of the Councit Meeting. A representative from Springsted will be present to review the results of the bidding process and make a recommendation for the lowest underwriter or syndicate. RDP/me Attachment e 0 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA Pursuant to due call and notice thereof, a regular or . special meeting of the City Council of the City of Fridley, Minnesota, was duly held in the Fridley Municipal Center on November 21, 1994, commencing at 7:30 P.M., C.T., in part for the purpose of considering the offers which had.been received for the purchase of the City's $485,000 General Obligation Bonds, Series 1994A. The following Councilmembers were present: and the following were absent: *** *** *** There was then presented a tabulation of the offers which had been received in the manner specified in the Terms of Proposal for the Bonds. The offers were as follows: � 276260.7 3 A �. � AWARD: SALE: SPRINGSTED PUBLIC FINANCE ADVISORS Home Office 85 East Seventh Place Suite 100 Saint Paul, MN 55101-2143 (612) 223-3000 Fax: (612) 223-3002 aass,000 CITY OF FRIDLEY, MINNESOTA GENERAL OBLIGATION BONDS, SERIES 1994A PIPER JAFFRAY iNC. November 21, 1994 120 South Sixth StreeT Suite 2507 Minneapolis, MN 55402-1800 (612) 333-9177 Fax: (6121 349•5230 16655 West Bluemound Road Suite 290 Brookfield, WI 53005-5935 (4141 782•8222 Fax: (414) 782-2904 6800 College Boulevard Suite 600 Overland Park, KS 66211•1533 (913) 345-8062 Fax: (913) 345•1770 1850 K Street NW Suite 215 Washington, DC 20006•22Q0 (202) 466-3344 Fax: (202) 223-1362 Moody's Rating: Aa1 Interest Net Interest True Interest Bidder Rates Price Cost Rate PIPER JAFFRAY INC. 4.75% 1996 $477,725.00 $193,550.00 6.1135% 5.00% 1997 5.20% 1998 5.40% 1999 5.60% 2000 5.70% 2001 5.80% 2002 5.90% 2003 6.00% 2004 6.10% 2005 DR�N SO�V'�l�RTN INCORPORATED NORWEST INVESTMENT SERVICES, INC. 4.90% 5.10% 5.30% 5.40% 5.60% 5.75% 5.80% 5.90% 6.00% 6.10% 1995 1997 1998 1999 2000 2001 2002 2003 2004 2005 4.80% 1996 5.00% 1997 5.20% 1998 5.40% 1999 5.55% 2000 5.70% 2001 5.85% 2002 6.00% 2003 6.10% 2004 6.20% 2005 $477,725.00 $193,954.17 6.1278°!0 $478,695.00 $194,607.50 6.1357% (Continued) � �I� � Interest � Netlnterest True Interest Bidder Rates Price Cost Rate JOHN G. KINNARD & COMPANY 4.80% 1996 $478,9$6.00 $194,753.17 6.1384% INCORPORATED 5.00% 1997 AMERICAN BANK NATIONAL ASSOCIATION 5.20% 1998 5.40% 1999 5.60% 2000 5.75% 2001 5.90% 2002 6.00% 2003 6.10% 2004 6.20% 2005 JURAN 8� MOODY, INCORPORATED 5.00% 1996 $479,228.50 $195,094.42 6.1522% 5.20°l0 1997 5.40% 1998 5.60% 1999 5.70% 2000 5.80% 2001 5.90% 2002 6.00% 2003 6.10% 2004 6.15°l0 2005 FBS INVESTMENT SERVICES, INC. 5.00°l0 1996 $479,180.00 $195,676.67 6.1699% 5.20% 1997 5.40% 1998 5.60% 1999 5.70% 2000 5.80% 2001 5.90% 2002 6.00% 2003 6.10% 2004 6.20% 2005 These Bonds are being reoff�red at par. BB{: 7.06% Average Maturity: 6.57 Years then introduced the following Resolution, the written presentation and reading of which were waived by unanimous consent of the Council, and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF THE CITY'S $485,000 GENERAL OBLIGATION BONDS, SERIES 1994A BE IT RESOLVED by the City Council (the "Council") of the City af Fridley, Minnesota (the "City"), as follows: 1. Recitals. It is hereby determined: (a) That the assessable and other public improvement projects (the "Improvements") described in the Council's October 17, 1994, resolution relating to these Bonds have been duly ordered by the City and have been constructed by the City or will be constructed under contracts which the City has or will let therefor, all pursuant to and in accordance with the applicable provisions of the City's Home Rule Charter and/or Minnesota Statutes, Section 444.075 or Chapter 429, as the case may be. . (b) That is it necessary and expedient to the financial management of the affairs of the that the City issue its bonds pursuant to Minnesota Statutes, Chapters 429 and 475, provide financing for the Improvements. sound City to (c) Those Improvements being undertaken by the City pursuant to Minnesota Statutes, Chapter 429 (the "Chapter 429 Improvements"), and all their components have been ordered on or prior to the date hereof, after a hearing thereon (except where not required by law) for which mailed and published notice was duly given as required by law describing said Improvements and all their components by general nature, estimated cost, and area to be assessed. 2. Acceptance of Offer. The offer of (the "Purchaser") to purchase the City's $485;000 General Obligation Bonds, Series 1994A (the "Bonds"), at the rates of interest and upon the other terms set forth in this Resolution, and to pay therefor the sum of $ plus interest accrued to settlement, is hereby accepted. 276260.1 38 3. Title; Oriqinal Issue Date; Denominations; Maturities. The Bonds shall be titled "General Obligation Bonds, Series 1994A," shall be dated December 1, 1994, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on February 1 in the years and amounts as follows: Years 1996 1997 1998 1999 2000 Amounts $30,000 40,000 35,000 35,000 40,000 Years 2001 2002 2003 2004 2005 Amounts $ 50,000 50,000 50,000 50,000 105,000 As described in Exhibit A to the Council's resolution of October 17, 1994, setting the sale of the Bonds, of the total $485,000 of the principal amount of the Bonds, $150,000 (the "Improvement Bonds") are for financing the assessable Chapter 429 Improve- ments, $180,000 (the "Storm Sewer Bonds") are for financing the storm sewer improvements, $80,000 (the "Water Bonds") are for financing the water system improvements, and $75,000 (the "Sani- tary Sewer Bonds") are for financing sanitary sewer system improvements; and the separate, allocated maturity schedules of each of the aforesaid components of the Bonds are set forth in the Exhibit A attached hereto and made a part hereof. 4. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. 5. Interest. The Bonds shall bear interest payable semiannually on February l and August 1 of each year (each, an "Interest Payment-Date"), commencing August 1, 1995, calculated on the basis of a 360-day year consisting of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years, as follows: Maturity Interest Maturity Interest Year Rate Year Rate 1996 1997 1998 1999 2000 % 276260.1 3 � 2001 2002 2003 2004 2005 � 6. Redemption. All Bonds maturing after February l, 2002, shall be subject to redemption and prepayment at the option of the City on said date and on any date thereafter at a price of par plus accrued interest to date of redemption. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the City shall determine the amount of Bonds of each maturity to be prepaid; and if only part, of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Published notice of redemption shall in each case be given if and to the extent required by applicable law, and at least 30 days' mailed notice of redemption shall be given to the paying agent and to each affected registered owner of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar, prior to giving notice of redemption, shall assign to each Bond of that maturity a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City or Bond Registrar duly executed by the registered owner thereof or by the registered owner's attorney, duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the registered owner of such Bond, without service charge, a new Bond or Bonds .of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such registered owner, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 7. Bond Registrar. , in , , is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursnant to any contract the City and Bond Registrar shall execute which is.consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. The principal of and interest on the Bonds shall be paid to the 276260.1 � registered owners (or record owners) af the Bonds in the manner set forth in the form of Bond and paragraph 13 of this Resolution. 8. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 276260.1 3 � UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY GENERAL OBLIGATION BOND, SERIES 1994A INTEREST RATE REGISTERED OWNER: PRINCIPAL AMOUNT: MATURITY DATE OF DATE ORIGINAL ISSUE $ CUSIP DOLLARS The City of Fridley, Anoka County, Minnesota (the "City"), hereby acknowledges itself to be indebted and, for value received, promises to pay to the registered owner specified. above, or registered assigns, in the inanner hereinafter set forth, the principal amount specified above on the maturity date specified above, unless duly called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 1995, at the rate per annum specified above (calculated on the basis of a 360-day year consisting of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of , in , (the "Bond Registrar"), acting as paying agent, or at the principal office of any successor paying agent duly appointed by the City. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Registered Owner") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Registered Owner hereof as of the Regular Record Date, and shall be payable to the person who is the Registered Owner hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Registered Owners not less than ten days prior to the Special Record Date. The 276260.1 �� principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota and the Home Rule Charter of the City to be done, to have happened and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed in regular and due form, time and manner as required by law, and that this Bond, together with all other indebtedness of the City outstanding on the date of original issue hereof and the date of its actual issuance and delivery to the original purchaser, does not exceed any constitutional, statutory, or Charter limitation of indebtedness. IN WITNESS WHEREOF, the City of Fridley, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Manager; has caused the corporate seal of the City to be intentionally omitted herefrom, as permitted by law; and has caused this Bond to be executed manually by the Bond Registrar, acting as the City's duly appointed authenticating agent for the Bonds. , 276260.1 3 � Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. Bond Registrar BY L! Manual Authorized Signature Registrable by: Payable at: CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA lsJ Facsimile Mayor /sf Facsimile City Manager ON REVERSE OF BOND I hereby certify that the foregoing is a full, true, and correct copy of the legal opinion executed by the above-named attorneys, except as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of delivery of the Bonds. (facsimile signature� City Clerk City of Fridley, Minnesota 276260.t 3 � Redemption. All Bonds of this issue maturing after February l, 2002, are subject to redemption and prepayment at the option of the City on said date and on any date thereafter at a price of par plus accrued interest to date of redemption. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the City shall determine the amount of Bonds of each maturity to be prepaid; and if only part of the Bonds having a common maturity date are called for prepayment, the Bonds of that maturity to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Published notice of redemption shall in each case b� given if and to the extent required by applicable law, and at least 30 days' mailed notice of redemption shall be given to the paying agent and to each affected registered owner of the Bonds. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond of that maturity a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City or Bond Registrar duly executed by the registered owner thereof or the registered owner's attorney duly authorized in writing), and the City shall execute (if necessary) and the Bor�d Registrar shall authenticate and deliver to the registered owner of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such registered owner, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $485,000, all of like date of original issue and tenor, except as to registration number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and the Home Rule Charter of the City and pursuant to a resolution adopted by the City Council on November 21, 1994 (the 276260.1 �� "Resolution"}, for the purpose of providing money to finance certain costs of assessable public improvements within the City. This Bond constitutes a general obligation of the City, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely as fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered bonds of other authorized denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Registered Owner in person or by the Registered Owner's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the City contained in any agreement with the Bond Registrar. Thereupon the City shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this $ond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The City and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. z�bzbo.� � Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exem�t Obliqations. The Bonds have been designated by the City as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 276260.1 � ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint as attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company, by a brokerage firm having a membership in one of the major stock exchanges or by any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 276260.1 �2 9. Execution; Temporary Bonds. The Bonds shall be executed on behalf of the City by the signatures of its Mayor and City Manager and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on.the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheles� be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and cancelled. 10. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabo�e set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is December l, 1994. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. The City Clerk shall obtain a copy of the proposed approving legal opinion of bond counsel, Briggs and Morgan, Professional Association, St. Paul, Minnesota, which shall be complete except as to dating thereof, shall cause such opinion to be filed in the offices of the City, and shall cause said opinion to be printed on each of the Bonds, together with a certificate to be signed by the facsimile signature of the City Clerk in substantially the form set forth in the foregoing form of the Bonds. 11. Registration; Transfer; ExchanQe. The City will cause to be kept at the principal office of the Bond Registrar a bond reqister in which, subject to such reasonable regulations as 276260.1 � the Bond Reqistrar may prescribe, the Bond Reqistrar shaZl provide for the reqistration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 10) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the registered owner thereof, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the registered owner making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this ResoZution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid obligations of the City evidencing the same debt, and entitled to the same benefits under this Resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the registered owner thereof or the registered owner's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regula- tions of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 276260., 3� 12. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 13. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month preceding such Interest Payment Date (the "Regular Record Date�'). Any such interest not so timely paid shall cease to be payable to the person who is the registered owner thereof as of the Regular Record Date, and shall be payable to the person who is the registered owner thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the registered owners not less than ten (10) days prior to the Special Record Date. 14. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 13 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 15. DeliverYi Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the City Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 16. Fund and Accounts. There is hereby created a special fund of the City designated the "$485,000 General Obligation Bonds, Series 1994A Fund" (the "Fund") to be held and administered by the City as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall continue to be maintained in the manner herein specified until all of the Bonds herein authorized and all other bonds payable from said Fund and the interest thereon have been fully paid. There shall be maintained• in the Fund two (2) separate accounts, to be designated the "Capital Account" and "Debt Service Account", respectively. (i) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Bonds, net of the amounts thereof allocated to the Debt Service Account pursuant to paragraph 16(ii) below. Said monies shall be segregated into 276260.1 A� J separate subaccounts of the Capital Account for the specific improvements to which they relate, being the Chapter 429 Improvements and the water, storm sewer and sanitary sewer improvements, respectively, referenced in paragraphs 1(c) and 3 of this Resolution. From each such subaccount (including any earnings thereon) there sha11 be paid all costs and expenses of making� the Improvements to which each such subaccount relates, including the cost of any construction contracts heretofore let or hereafter to be let and all other costs, incurred and to be incurred for the particular Improvement, of the kind authorized in Minnesota Statutes, Section 475.65, and such monies in the respective subaccounts of the Capital Account shall be used for no other purposes except as otherwise provided by law or this Resolution. (ii) Debt Service Account. To the Debt S.ervice Account there are hereby pledged and irrevocably appropriated and there shall be credited, subject to the conditions hereinafter stated: (1) The accrued interest on the Bonds paid by the Purchaser on the actual date of settlement of the Bonds, $ of additional proceeds of the Bonds, and all funds paid for the Bonds in-excess of $477,725, all to be used for the payment of the interest first coming due on the Bonds. (2) The assessments described in paragraph 17 of this Resolution. (3) Net Revenues (hereinafter defined) of the City's municipal water system, storm sewer system and sanitary sewer system, respectively. (4) Al1 collections of any ad valorem taxes hereafter levied for the payment of the Bonds. (5) All investment earnings on funds held in the Debt Service Account. (6) Any. and all other monies which are properly available and which are appropriated by the Council to the Debt Service Account. The foregoing funds are hereby pledged to the Debt Service Account, but only in such amounts and at such times as may be necessary, together with the other available funds therein and available for such purposes, (and the same shall be used solely) to pay the principal of and interest on the Bonds, or allocable portions thereof, when due, subject to the following conditions: 276260.1 I (1) Under certain of the or pledged only of the Council applicable Minnesota law or City procedures, sources of funds described above may be used for specified purposes, and it is the intent to abide by such restrictions and further to �LI allocate the appropriate revenues to pay for the improvements to which the generation of those revenues relates. Accordingly, the general dedication of revenues hereinabove to the Debt Service Account shall be subject to such restrictions, and such pledges are hereby limited by such applicable provisions of law and City procedures, without, however, affecting in any way the City's pledge of its full faith and credit and general ad valorem taxing powers to the payment of all of the Bonds, when due. (2) The Net Revenues of the City's municipal water system and utility shall be used only for the payment of the debt service on the Water Bonds. (3) The Net Revenues of the City's municipal sanitary sewer system and utility shall only be used for the payment of the debt service on the Sanitary Sewer Bonds. (4) The Net Revenues of the City's municipal storm sewer system and utility shall only be used for the payment of the debt service on the Storm Sewer Bonds. Prior Assessments shall, respectively, be used for the payment of the debt service on the 1988 Improvement Refunding Bonds and the 1989 Improvement Refunding Bonds, respectively. (5) The assessments described in paragraph 17 of this Resolution shall only be used for the payment of the debt service on the Improvement Bonds. As used in this paragraph, Net Revenues shall mean the gross revenues derived by the City from the operation of its municipal water system, its municipal sanitary sewer system, or its municipal storm sewer system, as the case may be, including all charqes for service, use, availability, and connection to the applicable system, and all monies received from the sale of any facilities or equipment of said system or any by-products thereof, less all normal, reasonable, or current costs of owning, operating, and maintaining said system. If any payment of principal or interest on those Bonds payable from such respective sources of Net Revenues shall become due when there are not sufficient funds pledged for such purposes in the Debt Service Account to pay the same, the City Finance Director shall pay such principal or interest from the general fund or other available fund of the City, and such fund shall be reimbursed for such advances from the proceeds of the applicable Net Revenues, when collected. The City hereby covenants that it will impose and collect charges for the service, use, and availability of and connection to the City's municipal water system, its municipal sanitary sewer system, and its municipal storm sewer system, respectively, at the times and in the amounts required to produce such Net Revenues adequate, together with other sources of funding available for such purposes, to pay in a full and timely manner all principal of and interest on those Bonds payable 276260.1 3� hereunder from such revenues, respectively, and on any and all other obligations which are or may become payable in whole or in part from such Net Revenues. Provided such debt service coverage is found to exist (and the Council hereby makes said finding with respect to the portions of the Bonds payable therefrom), the City may issue additional obligations secured in whole or in part from such Net Revenues, whose pledge to any such new obligations may be made superior or subordinate to, or on a parity with, the pledges of such Net Revenues made herein to the applicable portions of the Bonds, respectively. The City has heretofore issued and currently has outstanding certain general obligations of the City which are payable from certain of the Net Revenues, and the Council hereby determines that the estimated Net Revenues will be sufficient, in addition to all other sources available for such purposes, for the payment of the portion of the Bonds payable therefrom, and all such additional obligations, and accordingly the pledges and appropriations of Net Revenues to the payment of the respective portions of the Bonds pursuant to this Resolution are hereby made on a parity with any and all such prior pledges of Net Revenues. 17. Assessments. It is hereby determined that no less than twenty percent (20�) of the cost to the City of the Chapter 429 Improvements financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments heretofore levied or to be levied hereafter against every assessable lot, piece and parcel of land benefitted by any of those Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each of said Improvements financed hereunder unless the resolution ordering said Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the Council or any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. At the time all of the assessments are in fact levied the Council shall, based on the then-current estimated col- lections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision l. 276260.1 � 18. 105� Debt Service Coveraqe. It is hereby determined and reasonably anticipated that the estimated collections of the revenues available to the Debt 5ervice Account will produce at least 5� in excess of the amount needed to meet, when due, the principal of and interest on the Bonds, and accordingly no ad valorem tax levy is required at this time. The City Clerk is directed to file a certified copy of this Resolution with the office of Anoka County Property Records & Taxation and to obtain the certificate of said official required by Minnesota Statutes, Section 475.63. 19. General Obligation Pledge. The full faith and credit and taxing powers of the City are hereby pledged to the payment of the principal of and interest on the Bonds, and in the event of any current or anticipated deficiency of funds in the Debt Service Account of amounts needed to make any such payment, when due, the Council shall levy ad valorem taxes on all taxable property in the City in the amount of such deficiency. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 20. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 21. Negative Covenant as to Use of Improvements. The City hereby covenants not to use the Improvements or to cause or permit the Improvements to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 276260.1 3� 22. �ax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City hereby finds, detenaines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95�) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which.is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the City (and all entities subordinate to, or treated as one issuer with, the City) during the 1994 calendar year is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 23. Designation of 4ualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities subordinate to, or treated as one issuer with, the City) during calendar year 1994 wi11 not exceed $10,000,000; and 276260.1 2 0 3T (e) not more than $10,000,000 of obligations issued or to be issued by the City during calendar year 1994 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 24. Defeasance. When any obligation of a Bond has been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this Resolution to the registered owner of that Bond (with respect to the obligation thereof so defeased) shall, to the extent permitted by law, cease. The City may at any time discharge any or all of such obligation(s) with respect to any Bond, subject to the provisions of law now or hereafter authorizing or regulating such action, by depositing irrevocably in escrow, with a suitable institution qualified by law as an escrow agent for this purpose, cash or securities which are backed by the full faith and credit of the United States of America, bearing interest payable at such times and at such rates and maturing on such dates and in such amounts as shall be required and sufficient, subject to sale and/or reinvestment in like securities, to pay said obligation(s), which may include any interest payment on such Bond and/or principal amount due thereon at a stated maturity (or if irrevocable provision shall have been made for permitted prior redemption of such principal amount, at such earlier redemption date). 25. Compliance With Reimbursement Bond Regulations. With respect to the Improvements, the City has complied and will continue to comply with the "Reimbursement Regulations" provided in United States Treasury Regulations Section 1.103-18, and any successor regulations as may be applicable, including Section 1.150-2. In particular, except where the following may not be required by said Regulations (e.g., with respect to certain "preliminary expenditures"), to the extent that any of the proceeds of the Bonds will be used to reimburse the City for a cost of the Improvements theretofore paid and temporarily financed by the City out of other City funds, prior to the initial payment thereof (or within applicable time limits thereafter) the City has made or will have made a duly qualifying statement of its official intent to bond for such costs (and the City will also make the written "reimbursement allocation" required by the Reimbursement Regulations); otherwise, the proceeds of the Bonds are to be used for initial payment, and not for such reimbursement, of costs of the Improvements. 26. Severabilitv. If any section, paragraph or provision of this Resolution shall be held to be invalid or 276260.1 2 1 3U unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Resolution. 27. Headinas. Headings in this Resolution are included for convenience of reference only and sha11 not limit or define the meaning of any provision hereof. Adopted on November 21, 1994, by the Fridley City Council. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 276260.1 22 3V 276260.1 EXHIBIT A Ir�emal Maturity Schedule of 5485,000 General Obitgation Bonds, • Series 1994A Dated December 1, 1994, of the City of Fridiey, Minnesota (in 000's) Storm Sanitary Meturity Improvemerrt Sewer Weier Sewer De�e Bonds Bonds Bonds Bonds Tatal 02/01/96 S 5 S15 S 5 $ 5 $ 30 02/01/97 15 15 5 5 40 02l01/98 10 15 5 5 35 02/01 /99 10 15 5 5 35 02J01/00 10 15 10 5 40 02/01/01 10 20 10 10 50 02/01/02 10 20 10 10 50 02J01 /03 10 20 10 10 50 02/01 /04 10 20 10 10 50 02./01/05 60 25 10 10 105 Ta�tals y150 $180 $80 $75 $485 23 3W C E R T I F I C A T I O N I, William Champa, the City Clerk of the City of Fridley, Minnesota, do hereby certify the following: The foregoinq is true and correct copy of an extract of City Council minutes containing a certain resolution which is on file and of record in the offices of the City, which resolution relates to the issuance by the City of its $485,000 General Obligation Bonds, Series 1994A, and which was duly adopted by the Council at a regular or special meeting of the Council held on November 21, 1994. Said meeting was duly called and regularly held and was open to the public and was held at the place at which meetings of the Council are regularly held. introduced the resolution and Councilmember moved its adoption, which motion was seconded by Councilmember . The written presentation and reading of the resolution were waived by unanimous consent of the Council. A vote being taken on the motion, the following members of the Council voted in favor of the resolution: and the following voted against the resolution: Whereupon said resolution was declared duly passed and adopted. The foregoing resolution is in full force and effect and no action has been taken by the Council which would in any way alter ar amend the resolution. WITNESS MY HAND officially as the City Clerk of the City of Fridley, Minnesota, this day of , 1994. (SEAL) 27b260.1 William Champa City Clerk City of Fridley, Minnesota 3X CITY OF FRIDLEY PLANNING COMMISSION MEETIN(�� NOPEMBER 2� 1994 CALL TO ORDER: Vice-Chairperson Kondrick called the November 2, 1994, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Dave Kondrick, LeRoy Oquist, Diane Savage, Dean Saba Dave Newman, Brad Sielaff, Connie Modig Others Present: Scott Hickok, Planning Coordinator Rick Moseman, Supreme Tool Inc. Bruce Moseman, Supreme Tool Inc. Jeff Holle, Holle Construction Company, 1855 Melrose Avenue S., St. Louis Park, MN Gene Minea, Minea Realty, 2307 Wentworth, Minneapolis, MN John Ryden, C. B. Commercial Real Estate, � 4221 Abbott Avenue S., Minneapolis, MN Steven Johnson, Ceres Environmental, 2504 W. County Road B, Roseville, l�T APPROVAL OF OCTOBER 19 1994 PLANNING COMMISSION MINUTES: MOTION by Ms. Savage, seconded by Mr. Oquist, to approve the October 21, 1994, Planning Commission minutes as written. IIPON A VOICE YOTE� ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED t1NANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF A REZONING RE4UEST, ZOA #94-05. BY BRUCE MOSEMAN OF SUPREME TOOL INC.: To rezone from C-2, General Business, to M-1, Light Industrial, to allow construction of a manufacturing facility on Lot 3, Block 1, A& R Second Addition. This property is generally located north of 7597 Highway #65. MOTION by Ms. Savage, seconded by Mr. Oquist, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, DICE-CHAIRPER30N RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7533 P.M. Mr. Hickok stated the subject parcel is located on Osborne Road, east of Highway #65. The parcel is north of Kurt Manufacturing. Zoning on surrounding parcels includes M-1, Light Industrial, to 0 PLANNING COMMI88ION MEETING. NOVEMBER 2, 1994 PAGE 2 the south and east; C-2, General Business, to the north, east and west; and there is M-1, Light Industrial, and M-4, Mobile Home Park, to the west across Highway 65. Mr. Hickok stated the proposal would allow rezoning to Light Industrial to allow for manufacturing, warehousing and wholesaling. The site as proposed would be used for the construction of a 12,000 square foot building measuring 120 feet x 100 feet. The development has been planned to have adequate parking, landscape setbacks, building setback, and has taken into consideration the permitted lot coverage. Mr. Hickok stated staff uses three criteria in evaluating rezoning requests: • District compatibility with adjacent uses and zoning. • District intent. • Whether or not the use meets the district requirements. Mr. Hickok stated the M-1 zoning and adjacent uses seem to be compatible. The intent of the district is for light industrial. This would an extension of that light industrial use in that area and is consistent with that intent. The site plan has been reviewed by staff to determine whether the site coverage, parking, landscape setbacks, etc., are appropriate. Mr. Hickok stated, because the rezoning request meets the criteria, staff recommends approval with the following stipulations: 1. The petitioner shall submit a landscape plan complying with the district requirements prior to issuance of a building permit. 2. The petitioner shall comply with the comments in Scott Erickson's memo dated October 17, 1994, prior to issuance of a building permit. Mr. Hickok stated Mr. Erickson has outlined the following: 1. A Storm Pond Maintenance Agreement will need to be recorded with the property prior to issuance of a building permit. 2. Install rip-rap with filter blanket at the outlet of the storm water pipe. 3. Install a flared end section with grate on the end of the storm pipe outlet. . . PLANNING COMMISSION MEBTING, NOVEMBER 2. 1994 PAG$ 3 4. Provide a piped outlet to the pond with direct connection to the existing storm pipe. Provide hydraulic calculations. The outlet should be size to meter pre-developed flow rates. 5. A Hold Harmless Agreement will be required for any improvements constructed in easement areas (parking, storm pond) . 6. The driveway entrance should be constructed to retain all drainage on-site. 7. Clearly note on the plans the size and type of all existing utilities. 8. Viron Road has been redesignated as Hwy. 65 East Service Road. 9. Provide detailed information for the hydrology and ponding calculations �ftime of concentration, etc.) How is existing flow rate greater than the pre-developed? The existing flow rate calculations should be based on an unimproved grassed area. 10. Rice Creek Watershed District approval is required. Provide copies of approval when obtained. 11. Al1 existing street surfaces shall be kept free of dirt and debris and shall be swept on a daily basis or as directed by the City. 12. The building should not be located within any easement areas. 13. Mountable curb and gutter shall not be used. 14. Provide a rocked entry point to the site during construction. Show location and detail on the plan. 15. All drainage from the site should be directed to the storm poind. Sub-catchment 2 should be routed to the pond. Mr. Oquist asked Mr. Hickok to explain #8 from the memo. Mr. Hickok stated this road was known in the early plat as Viron Road and is now known as the Hwy. 65 East Service Road. This is a technicality in which staff are asking that road be referred to as Hwy. 65 East Service Road. Mr. Oquist questioned #11 and asked why the street needed to be swept daily. . � PI,ANNING COMMI88ION M$ETING. NOVEMB$R 2. 1994 PAG$ 4 Mr. Hickok stated this is required only during the construction process. Mr. Oquist requested #11 be revised to include this is to be done during construction. Mr. Saba questioned the need for a Hold Harmless Agreement. He understood this was a condition of an easement. If there was construction over an easement, the owner is responsible. Mr. Hickok stated the agreement is a protective document in which the owner recognizes that, in the event there is a later correction, the City is not responsible. Mr. Saba asked if this is something the City will be doing for every development. Mr. Hickok stated this has been done on recent developments and is consistent with what the Public Works staff has recommended in the past. Mr. Bruce Moseman stated they have been in business since 1969. They have been in Fridley since 1981 in Kurt Manufacturing. They currently have 14 employees, and they are a family-owned corporation. They do 60% of their work for Kurt Manufacturing which is why this site is handy. It provides access to Kurt to maintain a good working relationship. They build plastic injection and die cast molds from steel blocks and machine the blocks to conform to the customer prints. Some of their customers include Kurt Manufacturing, Polaris Zndustries, John Deere, Digital Computers, etc. Mr. Kondrick asked if they generate waste or store chemicals on the site or in the building. Mr. Moseman stated no. Ms. Savage asked if they had any problem with the stipulations. Mr. Moseman stated no. Most of the stipulations in the memo were known beforehand and many were included in the site plan. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYB, VICE-CHAIRPERSON RONDRICR DECLARED T8E MOTION CARRIED AND TH$ PIIHLIC HEARING CLOSED AT 7:48 P.M. Mr. Oquist stated he has been in Supreme Tool and has seen their shop. They do need some room. He sees nothing wrong and the 4C PLANNIN(3 COMMISSION MEETING. NOVEMSER 2. 1994 PA(3g 5 stipulations cover the concerns. MOTION by Mr. Oquist, seconded by Mr. Saba, to recommend to the City Council approval of Rezoning Request, ZOA #94-05, by Bruce Moseman of Supreme Tool Inc., to rezone from C-2, General Business, to M-1, Light Industrial, to allow construction of a manufacturing facility on Lot 3, Block 1, A& R Second Addition, generally located north of 7597 Highway #65, with the followinq stipulations: l. The petitioner shall submit a landscape plan complying with the district requirements prior to issuance of a building permit. 2. The petitioner shall comply with the comments in Scott Erickson's memo dated October 17, 1994, prior to issuance of a building permit. and, that requirement #11 as listed in Scott Erickson's memo dated October 17, 1994, be revised to read: il. All existing street surfaces shall be kept free of dirt and debris and shall be swept on a daily basis or as directed by the City during the construction process. IIPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED ONANIMOII3LY. Mr. Hickok stated the City Council will establish a public hearing on November 21 and will hear the request on December 5, 1994. 2. PUBLIC HEARING: CONSIDERATION OF A REZONING REQUEST. ZOA #94-04, BY DAVE McINTYRE OF CERES ENVIRONMENTAL: To rezone from M-2, Heavy Industrial, to M-3, Outdoor Intensive, Heavy Industrial, to allow the construction of corporate offices and to allow outdoor storage of materials and equipment as a principal use on Lots 1& 2, Block 3, Great Northern Industrial Center East. This property is generally located east of 5101 Industrial Boulevard, north of FMC, and adjacent to the Burlington Northern mainline. MOTION by Ms. Savage, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARINCi OPEN AT 7s46 P.M. Mr. Hickok stated the request is to rezone the subject parcel from M-2, Heavy Industrial, to M-3, Heavy Industrial Outdoor . � PLANNING COMMISSION MEBTING, NOVEMBLR 2, 1994 PAt3B 6 Intensive. Both are heavy industrial districts; however, the M-3 is designed to accommodate heavy industry with outdoor intensive activities. The subject parcel is located within the Great Northern Industrial Center and the zoning in that center is M-2, Heavy Industrial. The zoning to the east covers the properties along Main Street which are M-2, Heavy Industrial. Mr. Hickok stated the property is to the west of the rail line and is a long narrow parcel. The request would allow rezoning for Ceres Environmental. The site plan includes an office building which would be the location of their administrative and office complex and the location for maintenance of their heavy equipment. Ceres provided copies of photographs of the types of equipment to be stored on this site. The office portion of the building is two-story with 3840 square feet. There are 6,400 square feet in the maintenance complex located to the rear of the building. Mr. Hickok stated staff inet with the petitioner early in the planning process and determined, because of the size of the building and intensity of storage outdoors, an M-3 zoning would be appropriate for this request. Initially, the petitioner looked at the site and, based on the site dimensions, the size of the building required and the use, felt this was an adequate site. It is the outdoor storage activities that have driven the M-3 requirement. Mr. Hickok stated, in May, 1992, the City Council debated the creation of the M-3 district. At that time, there was much discussion about what the M-3 district would be used for and what impacts that would have on the existing M-1 and M-2 districts. It was believed that creating the M-3 district would allow the opportunity for those who wanted M-3 industrial uses that were not covered under the M-2 and special use permit for outdoor storage. Screening could be difficult because of the large equipment or other.activities related to outdoor storage. Therefore, the M-3 district was deemed necessary. As part of that discussion, the City determined that the sites appropriate for M-3 zoning were in the northern portion of the City. This area centers around Hickory Street north of 81st. Mr. Hickok stated Ceres Environmental is an environmental consultant with clients throughout the metropolitan area and throughout the country. Their services include fuel tank removal and replacement, construction/demolition, recycling of timber, snow removal, and general tree service (trimming, dead tree removal, etc.) Ceres has a number of locations. This would be the site for office and maintenance uses. Ceres has a site in Maple Grove for wood recycling. They are the. Hennepin County contractor for this activity. They are also the City of Minneapolis contractor for snow removal and much of the large � ��'" PLANNINC� CO1�IIrII88ION MESTING, NOVEMBBR 2. 1994 PAGE 7 equipment related to the snow removal would site. Ceres felt the proximity of the site Minneapolis is important and that this is a other M-3 available in the community. be stored on the to downtown preferred site to Mr. Hickok stated there are three criteria used in determining whether rezoning is appropriate. The first is the compatibility with adjacent uses. To the north, there is M-2, Heavy Industrial, (Minikahda Mini Storage) which is an industrial self- storage facility with indoor storage and asphalt driving aisles and parking surfaces. To the east, there is M-2, Heavy Industrial, along Main Street. Closest to this site would be the rear portion of those sites. To the south is also M-2, Heavy Industrial, including Quebecor and FMC. These are large buildings with incidental outdoor storage. To the west, is the Perlman Rocque transfer facility for restaurants, includinq McDonald's. There is outdoor truck/trailer activity which is limited to incidental traffic related to the principal use on site. Mr. Hickok stated the second criteria is the district intent. The intent of the M-3 is to allow heavy industrial uses and outdoor storage. This proposal would be consistent with M-3 zoning and would be dependent on the outdoor storage. Mr. Hickok stated the third criteria is the district regulations. The proposed site plan meets the intent and meets the M-3 zoning regulations. The building is centrally located. There is landscaping to the north and to the south. There is a storage yard with crushed gravel or compacted fill area. There is also hard surface of concrete and asphalt. The petitioner has asked for consideration of the crushed gravel because of the weight of the equipment and materials to be stored outside. Mr. Hickok stated the recommendation falls back to a policy issue. Approval wquld allow an M-3 parcel that would be surrounded by M-2 uses. The site has an elongated shape that backs up to the railroad tracks. To the rear of the property is the rear areas of the industrial uses to the east. Staff recommends, based on the evaluation of the criteria, that the Commission recommend denial of the rezoning request due to the incompatibility of the M-3 district with the other M-2 uses. If the Planning Commission chooses to recommend approval, staff recommends the following stipulations: 1. 2. Lots 1 and 2, Block 3, Great Northern Industrial Center East shall be consolidated as one tax parcel. The parking area shall include signs and surface striping to identify a one-way circulation pattern. 4F PLANNING COMMISSiON MEETINt3. NOVSMBER 2, 1994 PAGL 8 3. A five-foot setback for landscaped area must be established along the eastern property line, running from the north to the south property lines. 4. Irrigation shall be installed in the front and side yards. 5. The landscape plan shall be modified to include additional plantings for seasonal color and screening. This plan shall be reviewed and approved by City staff. 6. Additional berms and landscapir�g shall be added to the site plan north of the gravel parking area indicated on the plat (south of the storm water pond). 7. The petitioner shall comply with the Engineering Department requirements specified in Scott Erickson's memo dated October 28, 1994. 8. All surfaces intended for drives or parking/storage of equipment sha_I1 be surfaced with concrete or asphalt. Mr. Hickok referred to stipulation #7 in which Mr. Erickson's memo lists the following Engineering Department requirements: 1. A Storm Pond Maintenance Agreement will need to be recorded with the property prior to issuance of a building permit. 2. All drive areas shall be hard surfaced and have concrete � curb and gutter. 3. The driveway entrance shall be constructed to retain all drainage on site. 4. Grade the site to one ponding location. 5. Provide concrete blocking for all watermain piping bends. Note on the plan the amount of blocking to be installed. 6. Install rip-rap with filter blanket at the storm pipe outlet. 7. Install flared ends and trash guards on all storm pipe ends. 8. Clearly note all pipes sizes, types of material, and class of materials being proposed. 9. A minimum of 7 feet of cover is required to the top of all service lines. Is this achieved? Clearly note service depths on the plan. 10. Provide a detail of the plans for the baffled weir outlet. 4G PLANNING COMMISSION ME$TING, �OVEMB$R 2. 1994 PAa$ 9 11. Show all existing and proposed invert elevations. 12. Install a manhole at the bend of the 6-inch sanitary service line. 13. Install a gate valve on the 6-inch service line. 14. Note on the plans that alI street surfaces shall be kept free of dirt and debris and shall be swept on a daily basis or as directed by the City. 15. Provide a rocked entry point to the site. Show location and detail on the plan. 16. 17. Clearly identify locations of silt fence installation. Provide a detail on the plan. Provide hydrology, hydraulic, ponding calculations and all related information and assumptions. 18. Additional information may be requested. Mr. Saba stated the proposal is for a service and maintenance facility. Will there also be junk or salvage vehicles on the property? Mr. Hickok stated his understanding is that vehicles will be there for maintenance and that their typical vehicles for operation will be stored there. He did not believe any salvage vehicles would be on the property. Ms. Savage asked if the petitioner was looking at the site. Mr. Hickok stated they are looking at the site and have not established that at their location. Ms. Savage asked if there had been any discussion with staff about this company locating in the M-3 zone. Mr. Hickok stated yes. One of the items highlighted was the proximity with Minneapolis with their snow removal activities. Mr. Kondrick asked if fencing was discussed. Mr. Hickok stated yes. Screening plans as indicated on the elevations would include a chain link fence with privacy screening sZats to screen those elements to be stored outside. There is also an undulating berm with landscapinq to soften the impact of that screening fence. Mr. Kondrick asked if this is speaking to fencing the entire 4H PLANNING COMMISSION MEETING, NOVEMBER 2, 1994 PAGE 10 property. Mr. Hickok stated there would be screening for all areas where storage of materials could be seen from adjacent properties or the public right-of-way. Mr. Steven Johnson, business manager for Ceres Environmental, stated the company has been in business for 17 years. The size of the company and gross revenues are currently about $5 million. They employ 15-30 people. Some positions are seasonal. They are looking at this property for their headquarters and maintenance facility. The amount of equipment stored would be very limited on this parcel. They have a 10-acre facility in Maple Grove where they operate year-round recycling activities. That particular operation has achieved national acclaim. As far as he knows, the operation is looked at kindly and is a clean operation. They do not intend to move these activities to this site. There seems to be some misconception as to the amount of storage to occur on the property. There is not going to be a great amount due to the size of the property. About 80� of the equipment is stored on the job locations, which could be metro, regional or in other states. At the most, 20� would be at this location and only at the time it is being serviced or if it is for seasonal use. Mr. Johnson stated, in reference to the question as to whether another M-3 site would work, there are limitations. Concerns include access and closeness to downtown. The type of snow removal they do is for substantial commercial properties in downtown locations where the snow is hauled off-site and disposed of. This particular location would provide quick access to both freeways. The time difference in mobility and travel time compared to the other zones would be detrimental to their snow removal operations. It does not seem like a long way but with repeated trips it adds up significantly. Mr. Johnson stated-he would like to reinforce that the company would be a good neighbor. The intent is to comply with the recommendations of staff. He is concerned about the stipulation to require a paved service for the entire storage area. A lot of the equipment has tracks which is not compatible with paved or concrete surfaces. It is very hard on those surfaces and the investment put into that surface on a repeated basis would have a significant impact. They have enough space to accommodate the equipment that is there on a regular basis. The concrete surface in the shop needs to be 10 inches thick. There is also a substantial paved area in the front. They have every intention to make the site attractive. They want to attract and maintain good employees. Some of the limits of a contractor are the looks of the yard. Part of their corporate image is to convey that image with the property. 41 PLANNING COMMISSION MEETINQ. NOVEMBLR 2. 1994 PAQL li Mr. Kondrick asked, in lieu of a concrete or asphalt storage yard, what surface would they propose. Mr. Johnson stated the surface would be an improved surface with crushed rock. This would be within a fenced area and screened from view. Maintenance is done annually or as needed. Mr. Johnson stated, to pravide an idea of their need and concern, they are currently located on Hwy. 280. They have surfaces there that are concrete and asphalt installed a number of years ago to handle heavlr equipment. Their use on that particular property has deteriorated that surface in a few years. They want to make the investment for an apron but it is not practical in the storage yard where equipment is stored. Mr. Kondrick asked if they would be changing oil or have any contaminants that would seep into the soil in the storage yard. Mr. Johnson stated maintenance would be done on the concrete apron and in the shop itself. There would be no activities as described on the gravel surfaces. Ceres is an environmental contractor so they have that concern. Their main contractor is the government to do clean up. They have a good track record and are a conscientious environmental contractor. He did not think there would be any problems. Mr. Oquist asked if they would be storing and maintaining the equipment as shown in the provided materials except when it is on the job site. Mr. Johnson stated this building would be the main garage. For major repairs, equipment would come here. Mr. Kondrick stated the company specializes in the removal of storage tanks. Would any of those removed items to be stored on this site? Mr. Johnson stated no. Those items are dealt with on the site or hauled directly to a disposal facility. New installations are norinaZly sent to the site. They have had occasions where tanks were delivered before_they were ready to install and needed to be stored in the yard. Mr. Johnson stated their hours of operation are from 7:30 a.m. to 6:00 p.m. During snow removal, they are a 24-hour operation and would be dispatching crews out of that area during snow falls. That operation is a bit unique. The type of work reguires heavy equipment. That equipment would be interimly staged at this facility. Mr. Kondrick asked if welding would be done inside. 4J PLANNING COMMISSION MEETING, NOVEMBER 2. 1994 PAGE 12 Mr. Johnson stated a welding bay would be in the shop. They want to have four service bays. One of those would be a drive through for tractor/trailer rigs. All of those maintenance activities would be done indoors. Mr. Kondrick stated one of the items that was of concern to staff was the company comply with the memo dated October 28, 1994, from Mr. Erickson regarding the drainage and grading review. Were there any questions? Mr. Johnson stated they have reviewed. They have no problems or concerns in complying. They asked staff to come to another location that would be very similar in type, use and construction to what is being proposed. It was typical and indicative of the facility they propose. Mr. Hickok stated the facility is Bel Air Excavating in New Brighton located northwest of the intersection of Hwy. 10 and 96. Staff looked at the site and also had an opportunity to see the crushed compacted or recycled surface. It gave staff a chance to see a site like this in operation. It is a very nice site. Mr. Kondrick stated staff has recommended denial of the request. If the Commission recommends approval of the request, staff recommends eight stipulations. With the exception of stipulatian #8 regarding the surface in the storage area, are you in agreement with the remaining stipulations as submitted? Mr. Johnson stated they would be able to comply with all except #$• They would request a gravel surface. Mr. John Ryden provided photos of the site including aerial photos. He felt this company was as good a use as one would see on this property. He does not think one would see a use more in line with the M-2 zoning. The use will be M-3 primarily because of the location, dimensions and terrain. It is across the street from where there are semi-trailers backed up to the street. The other side is along the railroad tracks. The lot is very narrow so it would be difficult to get a bigger building on the site. The property lends itself to outdoor storage use. The typical company looking to construct a building with no storage would not want this site. They would want a different view. This is the reason Ceres picked the site. It is somewhat hidden from the main traffic lines. Mr. Kondrick asked if the streets in that area can support the weight of this equipment. Can they get back to the property with this equipment? Mr. Johnson stated the streets are wide enough and are adequate. That was a limitation on the how to develop the site. They had 4K PLANNINQ COIrIIrII88ION MEETINC,�, NOVEMBLR 2. 1994 PAaB 13 to have the architect design it so they could get sufficient turning radius for a tractor/trailer rig onto the property. They accomplished that with a drive through bay within the building and one way routing in and out of the site. Mr. Hickok stated the streets in this industrial district are of a heavier grade with this use in mind. MOTION by Mr. Saba, seconded by Oquist, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AY$, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND T8E PIIBLIC HEARING CLOSED AT 8t25 P.M. Mr. Saba asked if they would need a variance for stipulation #8• Mr. Hickok stated yes. The surface requirement could be brought back for the appeals process. Mr. Oquist stated, as he recalled, a similar discussion came up with Park Construction where they did not need the hard surface. Mr. Hickok stated this is a discretionary decision on the part of staff to decide which items go through the appeals process. Ultimately, all have to go through the City Council. There have been items that the Council has acted on independent of the Appeals Commission. Ms. Savage asked if the City had received any objections to the request. Mr. Hickok stated staff has not received any negative calls regarding this request. Mr. Oquist stated this seems to be a good use of the property and this is an environmental consulting company. He would like to strike stipulation #8. He does not think this requirement would work for this intended use. Ms. Savage stated she had concern about establishing a precedent for moving the M-3 zoning but she was persuaded that this company would be an asset to the City. Because of the particular area, she did not think it would be a detriment. Mr. Kondrick agreed. This use would suit the area. Mr. Saba stated there could be worse companies than this for M-3. He did not see a problem. He thought it would be handled well. He would like to see stipulation #8 go through the appeals process and then to the City Council. He has no problem with the 4L PLANNINt3 COMMISSION MEETING, NOVEMBER 2. 1994 PAGL 14 curbs but the surface is not right for this type of operation. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend approval of Rezoning Request, ZOA #94-94, by Dave McIntyre of Ceres Environmental, to rezone from M-2, Heavy Industrial, to M-3, Outdoor Intensive, Heavy Industrial, to allow the construction of corporate offices and to allow outdoor storage of materials and equipment as a principal use on Lots 1& 2, Block 3, Great Northern Industrial Center East, generally located east of 5101 Industrial Boulevard, north of FMC, and adjacent to the Burlington Northern mainline, with the following stipulations: 1. Lots 1 and 2, Block 3, Great Northern Industrial Center East shall be consolidated as one tax parcel. 2. The parking area shall include signs and suriace striping to identify a one-way circulation pattern. 3. A five-foot setback for landscaped area must be established along the eastern property line, running from the north to the south property lines. 4. Irrigation shall be installed in the front and side yards. 5. The landscape plan shall be modified to include additional plantings for seasonal color and screening. This plan shall be reviewed and approved by City staff. 6. Additional berms and landscaping shall be added to the site plan north of the gravel parking area indicated on the plat (south of the storm water pond). 7. The petitioner shall comply with the Engineering Department requirements specified in Scott Erickson's memo dated October 28, 1994. UPON A VOICE 90TE,-ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOII3LY. Mr. Hickok stated the City Council would on November set the date for the public hearing. The public hearing would be held on December 5, with the final decision made on December 19. 3. RECEIVE THE MINUTES OF THE APPEALS COMMI5SION MEETING OF OCTOBER 25, 1994 MOTION by Ms. Savage, seconded by Mr. Saba, to receive the Appeals Commission minutes of October 25, 1994. UPON A VOICE VOTE, ALL VOTING AYL, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED ONANIMOIISLY. 4M �LANNINQ COlrIIriISBION ME$TINa. NOVBMB$R 2. 199�L PAGB 15 ADJOURNMENT MOTION by Mr. Oquist, seconded by Ms. Savage, to adjourn the meeting. IIPON A VOICE VOTE, ALL VOTINQ� AYF, VICB-CHAIRPBRBON RONDRICR DECLARBD THE MOTION CARRIBD AND THE NOVEMBBR 2, 1994, PLANNINQr COMMISSION MEETIN(� ADJOIIRNED AT 8:33 P.M. Respectfully submitted, r � � .. , %_'> . „ � , % c"�Gc� Lavonn Cooper Recording Secretary � S I G N— IN S H E E T PLANNING COMMISSION MEETING, Wednesday, November 2, 1994 � � � ' r � Community Development Department PLA►��TNING DIVISION City of Fridley DATE: November 17, 1994 � TO: William Burns, City Manager �� FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Establish a Public Hearing for a Rezoning Request, ZOA #94-05, by Bruce Moseman of Supreme Tool; 7597 Highway 65 N.E. The Planning Commission conducted a public hearing regarding the rezoning request by Supreme Tool. The request is to rezone vacant property located north of 7585 Highway 65 N.E. from C-2, General Business to M-1, Light Industrial. RECOMMENDATION The Planning Commission voted unanimously to recommend approval of the request to the City Council. The zoning ordinance requires that the City Council conduct a public hearing for aII rezoning requests. Staff recommends that the City Council establish December 5, 1994 as the date of the public hearing. MM/dw M-94-680 S TAFF REP O RT Community Development Department Appeals Commission Date Planning Commission Date : November 2, 1994 City Council Date � November 2 t, 1994 APPLICATION NUMBER• Rezoning request, ZOA #94-05 PETITIONER: Bruce Moseman, representing Supreme Tool. Professional ventures Partnership, owner. LOCATION: Vacant property located north of Kurt Manufacturing, 7585 Highway 65, N.E. The property is currently zoned C-2, General Business district. REQUEST• To rezone the property to M-1, Light Industrial, to allow construction of a manufacturing facility. ANALYSIS: The getitioner is currently occupying space in the Kurt Manufacturing building to the south. The petitioner is proposing to construct a 12,000 square foot concrete block building on the parcel. In order to evaluate a rezoning request, three criteria are used: ♦ District comp�tibility with adjacent uses and zoning. ♦ District intent. ♦ Whether or not the use meets the district requirements. Compatibility with Adjacent Uses and Zoninq The adjacent zoning is: ► C-2, General Business to the north, ► M-1, Light Industrial to the east and south, and ► R-4, Mobile Home Park and M-1, Light Industrial to the west across Highway 65. Staff Report ZOA #94-05, by Snpreme Tool Page 2 The adjacent uses include: ► Retail to the north ► Trucking terminal/storage to the east ► Manufacturing to the south ► MobiZe home park and industrial to the west The M-1 zoning is compatible with the adjacent zoning and uses. Granting the request would be a logical extension of the existing zoning pattern established in this area. District Intent The intent of the M-1, Light Industrial district is to permit manufacturing, warehousing, and wholesaling uses. The proposed use by the petitioner is consistent with the intent of the M-1 district. District Regulations Staff has reviewed the plans submitted by the petitioner. The proposed site plan meets or exceeds the minimum requirements of the M-1, Light Industrial district. The petitioner will be required to submit a landscape pZan complying with the ordinance requirements. The Engineering staff has a number of comments regarding the grading and drainage plan (see memo dated October 17, 1994 from Scott Erickson). The petitioner will be required to comply with those comments prior to issuance of a building permit. RECOMMENDATION/STIPULATIONS: The requests meets the three criteria used to evaluate rezoning requests. Staff recommends that the Planning Commission recommend approval-ot the request to the City Council with the following stipulations: 1. The petitioner shall submit a landscape plan complying with the district requirements prior to issuance of a building permit. 2. The petitioner shall comply with the comments in Scott Erickson's memo dated October 17, 1994 prior to issuance of a building permit. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council as presented by staff. 4R. Staff Report ZOA #94-05, by Supreme Tool Page 3 CITY COUNCIL RECOP+II�IENDATION �Staff recommends that the City Council concur with the Planning Commission action. 4S n ZOA ��94-05 Supreme Tool N �/2 SEC.12, ; C/T Y OF FR/OL � , / � �23 24 ;� � � __, wi 4T LOCATION MAP C '^` { - � ��='y ~ _ � ;_.._ � _ ; �___�_��,- - _ - -�� ;`�v � - - _ � •��'�'- -^ _--^-----!-_---� _ _ °a� _ _. L . . . . . � �� . � _ ' .. .. ' `� �''� r � i �� .- . r _ � 1� �_ � � - �- ; _ ° R-4 _ S �...:�� nC O� �- ��0��^C�� .�� ^ � ,)'�- ia �- � � C'�O�O �'.�..7..�..n.p..�..��J'J � "„'�p^O^O^'-J � � i. �q 7 p �7pnp ��.��°.�^(.° E� ° � �i�-�o°� e°o°o°c°o°o°n°�� - - t °o°oc`�° ° °�°�°�- - - 3`: � _ ?�/ ��,�'��p''��•J„��CC^�O�^- - � •' 4. + � "••�',�'��^��c�r'^^ ' n^�O 7 O�O C��O� IZ � i ' " _ � �°�'�'�'� o°�'� � 1 � `I • _ = -_ ; 7„ ' '^'�°ri o o°o° ��_� , - o�n .°p°�°�° , '�, . . . ,^� - � / i . � n � �. J, � i i i il` -- � f, -- '---_ � ^ .. ,� �' v . J L �� I ��. ■ �� •� • .� ✓ / /� j . � `� / �; / %� /1 = `=��;� % R� , �_. �� %2 '� 1 M�_SOTA Q � � �; ��' � � N ' .� �: - p L � -,; - � � O Z / a 3 S � � ZOA �� 94-05 Suureme Tool ' _ c �! � , , M-1 _-. _ . . ,_ _ _ _ - ,j _ -.r, - _ _:-� ! .� - . . . - _ �..... �. ' � 4 � _"_ i�'�� f r ' �',� � . `- r �� Y-- � � > > >. � ^ _ a� ? ��:� R-1 �; . ! �� . �:�_� _ �� .:, �'"�"'�:.�'/i//iCi//; ; ,� �- :.�r_rr, �i ✓ , - -.. . �-� - _-. ' ' � ' •.•..�TQ'!'�• � • -.. . . � - � . . . . . � � �•' ��•�� R-3 , .�. • � . .�� ` • /� i � • � • f ! •L� � � • ' � • / • • _ ' ' - � `' RTON • //�• •.�.• •��1'O�l��* . • � T Rq N � , (.� . _ . z � �� ' � Nt7. i� �,.-. . .� . . y� • 7 • ' • r • • • •. • • ._ �7<� •'f _ ! • • � "s e � � � 4 E I� � • 3 � F l � ' ` DISTRICT LEGEND q-1 ONE fGMILY DWG'S ❑ M-1 IiGNT INDUSTRIAL � p-2 TWO FPMIL� DWG'S ❑ M-2 MERVY INDUSTRIAL � q-� GEN. MULTIPLE DWG'S � �UD PL�NNEO UN17 OEV. � p.� MOBILE NOME PAPK � 5-f MYDE OqRK NEIGNBORMO00 ❑ V VUBI�C FRC�lIT1ES ❑ 5-2 REDEVELOPMENT OISTRI�T 0 C-1 LOCAI BUS�NE55 {❑� 0-1 CREEN 8 NIVER PRESENVATIpM � �-2 GENERAL BUS�NESS J O-7 CRITICAL AREA Q �-7 GENERAI SMOVPINC � . �-nt GEnEA<l OFFICE _._, vnGA�ED SiREETS � � ZONING MAP � � -� � t I i � . '.. .. . � .:�. �- ,� � - ', * �� 'w � � `' i t� t Q a � i �� '� ,: �. .��a 1 �� T. `! �, ��i�ei i� ii � � � �1 � �! i� � �i ! � g�;ii� � � . � �� s . � • 4 � � � � � � � � � ,g �� p� � R � � � �� • �.� � b�� s 3�� RE2 5 : � ; � i E � � • � � ZOA 4�94-OS Supreme Tool � � . . � � !, � 0 � � � i�i � � �� : �- i� � �r �-� "- � � � � �� u � t� ` � �� (OVOiI NOMN) 59 'oN � �� 4V �� •��, � C� :� � �� . 31d1S � a � �--� � s s � 1 � � 1 � � � � . � �`�}�i f� ��3 3�3 a C!• � �� o � 2 � � �� $;� � '�# � �� b �� ......�... _ � 0 � +_ a > w J W �a �'s � �� m� � �g t 9 �� . E� � � x -� _ - - �,. ,,.....w. a � � � '� � � ��; � � j;,j W � � ��i� � $ � �iR � -----------�---�------ ��----------------- !db'02i N0211n) GY021 390'1NO.Jd 59 'ON .IVflM�%IM 16b'3 S9 'ON .17f11H�it-t >INn�l 311�1s � 4W z Q J � � wR �� Enq�neennn, Sewer Watcr Parks Slreels Maintcndnce TO: John Palacio, Chief Building Inspector PW94-339 FROM: Scott Erickson, Assistant Public Works Director DATE: October 17, 1994 SUBJECT: Drainage and Grading Review for Supreme Tool Inc. 1. A Storm Pond Maintenance Agreement will need to be recorded with the property prior to issuance of a building permit. 2. Install rip-rap with �lter blanket at the outlet of the storm water pipe. 3. Install a flared end section with grate on the end of the storm pipe outlet. 4. Provide a piped outlet to the pond with direct connection to the existing storm pipe. Provide hydraulic calculations. The outlet should be sized to meter predeveloped flow rates. 5. A Hold Harmless Agreement will be required for any impravements constructed in easement areas (parking, storm pond). 6. The driveway entrance should be constructed to retain all drainage on-site. 7. Clearly note on the plans the size and type of all existing utilities. 8. Viron Road has been redesignated as Hwy 65 East Service Road. 9. Provide Detailed information for the hydrology and ponding calculations (time of concentration, etc.). How is existing flow rate greater than the predeveloped? The existing flow rate calculations should be based on an unimproved grassed area. 10. Rice Creek Watershed District approval is required. Provide copies of approval when obtained. 4X 'r •,� • �� October 18, 1994 Page 2 11. All existing street surfaces shall be kept free of dirt and debris and shall be swept on a daily�basis or as directed by the City. �,'�,..�+G C�za,s(�c;e�" 12. The building should not be located within any easement areas. 13. Mountable curb and gutter shall not be used. 14. Provide a rocked entry point to the site during construction. Show location and detail on the plan. 15. All drainage from the site should be directed to the storm pond. Sub-catchment 2 should be routed to the pond. SE:cz cc: Michele McPherson Paul Cherney, Pioneer Engineering � �� _ � . Community Development Department PLANNING DIVISION City of Fridley DATE: November 17, 1994 � TO: William Burns, City Manager �� E�� SUBJECT: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Establish a Public Hearing for December 5, 1994 for a Rezoning Request, ZOA #94-04, by David McIntyre of Ceres Environmental, Inc. At the regular meeting of November 2, 1994, the Planning Commission reviewed a request to rezone Lots 1 and 2, Block 3, Great Northern Industrial Center East from M-2, Heavy Industrial to M-3, Heavy Industrial, Outdoor Intensive. The property is generally located east of 5101 Industrial Boulevard N.E., north of FMC and adjacent to the Burlington Northern mainline. The Planning Commission voted unanimously to recommend approval of the request to the City Council with stipulations. RECOMMTsNDATION Staff recommends the City Council established December 5, 1994 as the date of the public hearing. sx/dw M-94-701 C7' S TAFF REP O RT �1 Community Development Department Appeals Commission Date Planning Commission Date : November 2, 1994 City Council Date : November 2 1, 1994 APPI,ICATION NIIMBER: Rezoning request, ZOA #94-04 PETITIONBR: David McIntyre for Ceres Environmental, Inc. LOCATION: Lots 1 and 2, Block 3, Great Northern Industrial Center. Generally located on Ashton Avenue east of Pearlman Rocque Company. . REOUEST• To rezone two industrial lots from M-2, Heavy Industrial to M-3, Heavy Industrial Outdoor Intensive. The M-3 zoning district would permit the petitioners to have an outdoor storage area for their large equipment and materials, and to construct a corporate office and service building. Site In 1969, the Fridley City Council approved a plat request for the Great Northern Industrial Center plat on the southeast corner of I-694 and East River Road. The 106.72 acre parcel had previously been utilized as an airplane runway and trap-shooting range. Once platted, the land became occupied by industrial complexes including GTE Sylvania, Pearlman Rocque, and Midwest Printing. In 1985, Minikahda Mini Storage approached Alfred Nelson with an interest in a portion of the 12.4 acre parcel that lies between Ashton Avenue and the rail lines. The 12.4 acres had not previously been a part of the Great Northern Industrial Center plat. The request to plat the land into four lots as the Great Northern Industrial Center East was reviewed and approved. Subsequent to that approval, Minikahda Mini Storage developed 7.73 acres, leaving 2.79 acres of developable land and Outlots A and B, which served as rail access for the internal sites in the Staff Report ZOA #94-04, by Ceres Environmental Page 2 industrial park. Great Northern's covenants on the plat require a minimum two acre site for industrial development. The City of Fridley requires 1.5 acres as a minimum lot size in the M-3 district. The petitioner has a site with sufficient size to develop, but not to further subdivide. Lots 1 and 2 must be consolidated as one site to meet the minimum standards defined by the development covenants. **Stipulation** M-3 Zoninq District Lots 1 and 2, Block 3, Great Northern Industrial center East shall be consolidated as one tau parcel. In May of 1992, the City Council approved a modification in the zoning ordinance to include an M-3 zoning district. The intent of the district is to create a district which permits M-1 and M-2 uses and those uses which require intensive outdoor storage. Outdoor intensive uses are contractor yards, trucking terminals, rock crushing yards, and other uses which require outdoor storage as a principal activity. The thought was that this zoning district would limit the amount of outdoor intensive uses within the City and preserve the remaining vacant land for manufacturing and other basic industries. In Fridley, the M-3 zoned property is located in the northern industrial area of the City. Trucking terminals were located north of 83rd Avenue and west of Main Street. Park Construction, is a large M-3 construction/demolition contractor, has much outdoor storage and is located near the truckinq firms in the northwest portion of the City. The City Council also approved modifications to the M-1 and M-2 zoning districts, limiting the amount of outdoor storage and requiring a special use permit in certain circu�stances. ANALYSIS• Ceres Environmental is as an environmental consultant for clients in the metropolitan area and the nation. Their services include fuel tank removal and replacement, construction demolition and recycling, timber recycling, snow removal, and general tree service (trimming, dead tree removal, etc.). Steve Johnson of Ceres Environmental has indicated primary items to be stored on the Fridley site are equipment and occasionally sand and salt related to ' = = that the their heavy snow removal Staff Report ZOA #94-04, by Ceres Environmental Page 3 or products that allow the maintenance staff to repair equipment properly. As an example, if a wood chipper is in the Ceres yard to be repaired, a pile of wood may accompany the chipper so that the machine can be tested. Ceres has other locations in the metropolitan area to handle their specific needs. A Maple Grove site serves as their wood/timber recycling location. Ceres is a contractor for Hennepin Cotinty's timber recycling. When asked if those activities would be moved to the Fridley site, Johnson reiterated that this site will serve their company's administrative office and equipment maintenance needs only. Although Ceres does offer tank removal and replacement, no tanks new or used will be stored on-site according to the applicant. The subject parcel is relatively narrow, and Ceres believes the site is well-suited for their company because their office building is relatively small. The Ceres Environmental representatives were attracted to the subject parcel because of its location and its suitability for their needs based on its size and their expandability potential. After reviewing their preliminary plans, staff did not believe that the outdoor storage provisions of the M-2 zoning district would be met considering the size of the equipment, the amount of outdoor storage required, and the nature of materials related to their business. Consequently, staff required a rezoning request to M-3. As you recall, the M-3 district was adopted as a district which allows outdoor intensive uses. Criteria for Considerinq a Rezoning Request 1. Compatibility with adjacent uses: North - zoned M-2, Heavy Industrial (Minikahda Mini - Storage�, which is an industrial self-storage facility with indoor storage and asphalt driving aisles and parking surfaces. The site contains a series of many buildings. East - zoned M-2, Heavy Industrial, which is an industrial area adjacent to Main Street and includes industries such as HB Fuller. These sites contain large buildings and related parking. 4CC Staff Report ZOA #94-04, by Ceres Environmental Page 4 South - zoned M-2, Heavy Industrial, which i�cludes FMC and the Quebecor building. These facilities have some outdoor storaqe which is incidental to their principal use. These buildings are larger with parking related to that larger principal use. West - zoned M-2, Heavy Industrial, which is Pearlman Rocque, a transfer facility for restaurants includinq McDonalds. Outdoor . truck-trailer activity is limited to incidental traffic related to the principal use. This site contains two larger buildings and parking that is incidental to the primary use. As the site was further reviewed, the strong points of this proposal were its �ocation against the railroad tracks and the narrow dimension of this site seems well-suited for the proposed use. The issues against an M-3 modification include the fact that there are available M-3 zoned sites within the community which have been deemed appropriate for this type of use, thereby preserving surrounding typical industrial development land. The Ceres building is relatively small and its outdoor intensity of use is greater than the outdoor uses in the surrounding area. Based on this fact, staff recommends that the use is incompatible with the surrounding area. 2. District intent: The intent of the M-3 district is to allow heavy industrial uses that depend on outdoor storage. The proposal is consistent with the M-3 zoning district intent. 3. District regulations: Staff has reviewed the plan submitted by the petitioner. The proposed site could meet the district regulations with modifications to berming, landscaping, irrigation, and parking surface requirements. Attached please find the site data as reviewed by staff and the stipulations that resulted from that review. � � i Staff Report ZOA #94-04, by Ceres Environmental Page 5 site plan RevieN aad Recommended 8tipulations Lot Size Cur ent Zoning Prop�sed Zoning Setbacks: Front Yard Side Yard Rear Yard Driving Aisle **stipulation** Parking: Stalls Handicapped stalls) Gravel Spaces Green Space Setback 2.79 acres M-2, Heavy Industrial M-3, Heavy Industrial Outdoor Intensive 63 feet (code requires 35 feet) 100+ feet (code requires 20 feet) 25 feet (code requires 25 feet) One-way circulation The parkinq area shall include siqns and surtace stripinq to identity a oae-way circulation pattern. 21 stalls proposed (code requires 19 stalls) One stall proposed (code requires one per 50 Not permitted by code All setbacks meet code except five foot setback from property line on the eastern boundary of the site. **Stipulation** A five foot setback for landscaped area must be established alonq the eastern property line, runninq from the north to the south property lines. Irrigation of Landscaped Areas **Stipulation** Site Coverage Building Height Driving Width Landscaping Not included Irriqation shall be installed in the lront and side pards. 7� (code allows 35� for a two story building. 25 feet (code allows 65 feet) 26 feet (code allows 30 feet) Staff has determined t,hat the landscaping is insufficient to serve the screening requirements as outlined in the M-3 district. **Stipulation** The landscape plan shall be modified to include additional plaatinqs for seasonal color and screeninq. This plan shall be reviewed and approved by City staff. 4EE Staff Report ZOA #94-04, by Ceres Enviror�mental Page 6 Screening Outside storage will require additional landscaping from the northern edge of the, storage area. A berm will also be required. **Stipulation** Additional berms and landscapinq ahall be added to the site plan north of the qravel parkinq area indicated on the plat (south ot the storm water pond). The Engineering Department staff has reviewed this proposal and a verbal update will be presented at the Planning Commission meeting. **stipulation** The petitioaer shall comply with the Enqineerinq Department requirements specified in Scott Ericksoa�s memo dated October 28, 1994. **Stipulation** All surfaces intended for drives or parkinq/ storaqe of equipment shall be surfaced with concrete or asphalt. RECOMMENDATION/STIPIILATIONB: The policy issue to be decided is whether another M-3 district should be created in the City. The proposed location is on the "edge'� of the Great Northern Industrial Park and is not easily seen by residential neighborhoods. However, the site could be developed with a typical industrial building, and the site would be an "island" of outdoor activity in a predominantly industrial park setting. Staff recommends that the Planning Commission deny the rezoning request to rezone Lots 1 and 2, Block 3, Great Northern Industrial Center East due to the incompatibility of the M-3 district with the M-2 uses that surround the site. If the Planning Commission chooses to recommend approval of this request, the following stipulations are recommended: 1. 2. Lots 1 and 2, Block 3, Great Northern Industrial Center East shall be consolidated as one tax parcel. The parking area shall include signs and surface striping to identify a one-way circulation pattern. 4FF Staff Report ZOA #94-04, by Ceres Environmental Page 7 3. A five foot setback for landscaped area must be established along the eastern property line, running from the north to the south property lines. 4. Irrigation shall be installed in the front and side yards. 5. The landscape plan shall be modified to include additional plantings for seasonal color and screening. This plan shall be reviewed and approved by City staff. 6. Additional berms and landscaping shall be added to the site plan north of the gravel parking area indicated on the plat (south of the storm water pond). 7. The petitioner shall comply with the Engineering Department requirements specified in Scott Erickson's memo dated October 28, 1994. 8. All surfaces intended for drives or parking/ storage of equipment shall be surfaced with concrete or asphalt. PLANNiNG COMMISSION RECOMMENDATION The Planning Commission concurred with staff's recommendation with one modification. The Planning Commission recommended that the petitioner's request to allow gravel surfaces in the storage yard be approved. This would affect both Scott Erickson's recommended stipulation #2 requiring that all driving areas shall be hard surfaced and have concrete curb and gutter and staff's stipulation #8 requiring that all surfaces intended for drives or parking/storage of equipment shall be surfaced with concrete or asphalt. CITY COt1NCIL RECOMMENDATION Staff recommends that the City Council establish December 5, 1994 as the date of the public hearing for this rezoning request. 4GG ��✓C�/'�C�� En9meenng Sewer w,re, PaikS Slrccts M;iinten�ncc T�: John Palacio, Chief Building lnspector PW94-366 FROM: Scott Erickson, Assistant Public Works Director�i . _ ,, _ DATE: October 28, 1994 SUBJECT: Drainage and Grading Review for Ceres Environmenta! 1. A Storm Pond Maintenance Agreement wiil need to be recorded with the property prior to issuance of a building permit. 2. Ali drive areas shall be hard surfaced and have concrete curb and gutter. 3. The driveway entrance shall be constructed to retain a!I drainage on site. 4. Grade the site to one ponding location. � 5. Provide concrete blocking for all watermain piping bends. Note on the plan the amount of blocking to be installed. � 6. Install rip-rap with filter blanket at storm pipe outlet. 7. Install flared ends and trash guards on all storm pipe ends. 8. Clearly note all pipe sizes, types of material, and class of materials being proposed. 9. A minimum of 7 ft of cover is required to the top of all service lines. Is this achieved? Clearly note service depths on the plan. 10. Provide a detail on the plans for. the baffled weir outlet. 11. Show all existing and proposed invert elevations. 12. Install a manhole at the bend of the 6-in. sanitary service line. 4HH � I ., . October 31, 1994 Page 2 � 13. Install a�gate valve on the 6-in. service line. 14. Note on the plans that all street surfaces shali be kept free of dirt and debris and shali be swept on a daily basis or as directed by the City. . 15. Provide a rocked entry point to the site. Show location and detail on the plan. 16. Clearfy identify locations of silt fence iristallation. Provide a detail on the plan. 17. Provide hydrology, hydraulic, ponding calculations and all related information and assumptions. 18. Additional information may be requested. SE:cz cc: Michele McPherson Paul Cherney, Pioneer Engineering 411 ZOA ��94-04 Ceres Environmental N//2 SEC. 27, T.30, IQ 24 C1TY OF FR/OLEY 2� ; % r � ��; ,, --I x' '� ��=; I i ' � I1i ; ; �� . ��, � ,.i. � � ','.'' ��.= �� '',1;� �`. ' =�{� � � .`\ � �� i�;� � \ �- �: �c � �\ ` �---� e . , ► , - . ,. . W � h Q W ,SITE �� ,�. ; ... � ,_., ,.,.� •.,.w � .. � ti 1 � � � i \ �� -- � �_ . � . _ _...... _ . _ , , � 24 �} 13 / �� 4JJ LOCATtON MAP � � � � ti /�'��'��% � "� . v � ��/ // �/ . � �/,.///��,• / ��: � /-�,�-��l � ,/,r�� ,. � � � - �' �� '� / .�viii �►��:�t��/ . t / ��// / '/ �� / �J ! f �/ I ■ / �J, � ,� J////�� 1 � ��/./ ' / � � �� /�� ' r,�.////.��%'' /� ' "_ � '- '�/� i � � �� J i� M' � - / ,� �% �,/ ;/ �� . ./ � .. i / .. ,. ��. � . ��.i/. %: �_ ,�: -;�;;;: _ v � •� � � � � re� ►�, r�� : north � . � '� o0 u� � � o � f� � � � � � � m ■ ::j�i iiS�l:' .••.• :%:. .,.-��.: :,.Y •:iSs 3S�}:. •;..`: ::i='...e'.:-� .;1; � fi•.',•'. '��' _ �:� 1' ' � , �, _ - : -.: !: ! � i ;: ' `: , i i q�� :' �$ .. ` (f f � .. � . --_- i . :: �' q� I �-�-1 : f� i � ;� :N � �� $ i ,o '� ....� ' .. � �::; , :::* � I >:i' ' � � �� : %: ' ��;:��;�'�` ` ;��... ��: �e� � ZOA ��94-04 Ceres Environmental l ��§ �F � �� l �' z:�S'? 5;�; �:;_ 'SI �$ i i } ' g� : �4= ��' ;� " Si ��i i�� ii ; �� i ; � .L yi= t� � � Aa±�t i �S�'ii a: . Y � } a' y� • � e �� 3�i i ' 17 # 2 ` !9 �°� i '? . i ^� •iF '` Y , S I r ;�� ,, � " i i � j a' � ' t '� I F ...,. :O � Y � N 'y �' 'n -� �, � � y i�i � < � O 7 � � � � ro 0 a � w ; 6 � n �� I i � / i i j fi j _ r — r '�9y': J �L: A; • �yy '. .; . .:._ .: . �:� �� •• � � . �. .�r... :�: E — — — — ! � ; i � � � i ( `/ ; �' � 4 1 3' j I 1 � { � � �: ; ;. i �' i :% � I �jei! �� ' 'e I �`':it � t��[ IJ� � � j��s . �` �. » _�� i 0 : � . ., �z�r� � �� 4 t y 7 �� ;� t� � Y� � � f � � � N 4LL SITE PLAN i �RJ �i � s �� i�a `" � � , a sa�� z Iv � ' a ZA �<ga x �ia! a e i�a�� ;�7� I � 3 �� i��y� ; � s° �.�l�� .+ G � � V � w � � �. 9 • ++ v r N > a C o Gzl a � a� L d v d > �e a >; d. 4MM ZOA ��94-04 Ceres Environmental � 9 �D i� � � � Q � � Q Q � r .�n' y Q b 'O I �I i a� w .iy 0 � w O II 7 u a � m� 0 •i v +,•� " �:J �J) �M 111AN0 3 � " •� �� • � �� '' `� !" � ��^ �� rL,��'I�r�d�� i�� ' .` �� ' �' <�i � � ^ ,.. � � �? I .� � � � , �� . � r � " � u 1 I . ._ . .. / 1 �v� �/�r� � Cr -• �-� �- i-i I r:.1.- I--�- , . r,-.. �-. �-., i � : _.+.+i ►- ,9 ii � ;-�o:��,-tonC� C •_srivtMSO��i�r �-, • _^ < , KNOOI �i• � -� + � J � 1 _:.I �. � . 1-. . F • � • � � _�.� � •., T , . ... . r� �-� �� V ...,Kn� 1 !^s :�..�. �wl�MO • � Mt M � L=ai J '� � -� '_ � � ) � G .�'��^� �/ „ .� ��i� (: `� `� ;; -� i � � ��: �; ��, �, , �_... .--- '� '�f `---- -- - L,'-J 1 ►- -� -� . 1 .J � � r= � . •i � � � ` � • i i � � / � � � ^ J i i �' � �� 'D � ��i / � � � URSING HO ��'� s � �"�/l � �-� �. � ��.a.R � � � ' eus. CF.NT. `/ • `'�'�� o ° o , � �� • �✓ 4 , �� , �-� .._3 np �3'e / c a w� k. r I ` PERLMAN ROCQUE - 1 / l� �`.� (ll �l i I � UIIDWEST PRINTING �= � � � �,�� _ � ' �� __ � .. . ,o .. 1 T • ♦ � �t � i F;;,; �.; � I ! �:1�� I �. � a : _� ..... �/ jl i� i� �� / � jI / � � f' �; , ,�� Lt 1 � � � � ' ! {� � I ' .. � � � � 11 � I � • � I! �� I � � :. � � � �l : I� I � � :. � � � �I : i! i � � :. � � � ji ' I ' � . I I ( + � : � � � I ' ' � ' I ' I! �;, ; � � � ;� �� ;'�� r� �� i ,. � V ^ VUi1�! . �1'� • ZOA # 4 0 m� rn��` Ceres. n i dnm�enE li � �� ► .... � � yTOO i �� ..c.K � .: : ...� .�� ei � ' � 97 TN �-Y V l. ip „.� ..� r �;. �,� � �. � �� ,i i��a., F��S . . i i : il'; ' � � ssoo '� i i � �. i i ' I �1TY11� �/T I ' . NA■ .'' . r � 1 ^ a i �"WALL BOARD INC.� ' �'„�- ' � ' � � ' ...- . . \\ i IPOSED 100,OOOs.f ICE / WAREHOUSE � TE -_� � � � I!; 4NN -- -- �.�.a� �_ :ANT , � _ _�ECOR 1 ( _� I � " I , ` � t � � � , � �I• � CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 � ' (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT REZONING APPLICATION FORM PROPERTY INFORMATION - site plan required for submittai; see attached Address: Has not been assigned . Property Identification Number (PIN) 2 �- 3 0- 2 4-1 1- 0 01 2 and 2 7- 3 0-1 1- 0 013 Legal description: �� 2��°� 3, c�eat Ncathem L�clstria? � F�st, At� O� Lot �� 2 Block 3 TracdAddition �t �'� T"��r'"ai � Cuirent zoning: �'2 Square footagelacreage 127,630 sq. ft./2.93 ac�s Requesting zoning: �'3 Reason for rezoning: �� °�ate °�fi°�s �d fle�t � base► � r�ee� 1a� °ut� Have you operated a business in a city which required a business license? �� Yes X No If yes, which city? � A�'� � If yes, what type of business? � a� � �'Vas that license ever denied or revoked? Yes No X FEE OWNER INFORMATION (as it appears on the property title) (Contract NAME � Fee Owners must sign this form prior to processing) �, 'IriZliun �aticn ADDRESS 1307 Q�rr�a11 #200 Be].1irr�n, 4�, 9�225 DAYTIME PHONE �-�-� SIGNATi�� c-�� / ��A LE' � DATE I' ��j �j L_ NAME �� • - ADDRESS � � �y � B SIGNA David McIntyre 13�seville, MV 55113 f DAYTIME PHONE ��24 � DATE 9�� Fee: $500.00 Permit ZOA # Receipt # �� - _ Application received by: Scheduled Planning Commission date: vc�. ?� Scheduled City Council date: ` 4PP .� _.�._� � _ � � DATE: TO: FROM: SUBJECT: Community Development Department PLANNING DIVISION City of Fridley November 17, 1994 � William Burns, City Manager �`� Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Variance Request, VAR #94-29, by Carol Torkelson; 6800 Brookview Drive N.E. The Appeals Commis$ion reviewed the variance request at its November 8, 1994 meeting. The request, if approved, would allow a free-standing temporary sign of 15 square feet to be displayed in a residential district from January 1- April 15 of each year. The Commission voted unanimously to recommend denial of the request to the City Council. RECOMMENDATION Staff recommends that the City Council concur with the Appeals Commission action. If the City Council approves the variance request, staff recommends the following stipulations: l. 2. MM/dw The sign shall only be displayed from January 1- April 15 of each year. The petitioner shall apply for and receive a temporary sign permit, including a $200 deposit. - M-94-685 � t S TAFF REP O RT Community Development Department Appeals Commission Date : November 8, 1994 Planning Commission Date City Council Date : November 2 1, 1994 APPLICATION NIIMBER: Variance Request, VAR #94-29 PETITIONER• Carol Torkelson, owner LOCATION• 6800 Brookview Drive N.E. The property is zoned R-1, Single Family. REQUEST• To allow a free-standing temporary sign of 15 square feet to be displayed from January 1 to April 15 of each year. ANALYSIS• Section 214.09 of the Fridley Sign Code allows two types of signs in residential districts: (1) area identification signs of up to 24 square feet in area; and (2) wall signs of up to 3 square feet in area and one sign per dwelling unit. Public purpose served by this requirement is to limit the amount of signage in the residential districts in order to preserve the residential character. The petitioner proposes to display a sign 15 square feet in area, of A-frame design in the front yard from January 1 to April 15 of each year. The petitioner conducts an accounting business and wishes to advertise her services during tax time. The request is unique in the fact that temporary signs are not typically permitted in the residential district, except for real estate, construction, political, and garage sale signs. Prior to granting a variance from the literal provision of the Sign Code, four conditions must be met. These four conditions are outlined in Section 214.21.02 of the Sign Code and are as follows: Staff Report VAR #94-29, by Carol Torkelson Page 2 A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The subject property is located on Brookview Drive, adjacent to Highway 65 on the west side. The property is clearly visible from the traveled way, and is not exceptional or extraordinary when compared to other single family parcels in the City. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Denial of the variance does not restrict the petitioner from displaying signs withzn the code requirements. These requirements include wall signs up to three square feet or a personal expression sign up to 32 square feet in area. Personal expression signs, however, are not to be used for advertising purposes. C. That the strict application of the Chapter would constitute an unnecessary hardship. Strict application of the Chapter would not constitute an unnecessary hardship, as the petitioner still has an option to display signage within the code requirements. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. The intent of the code is to limit the types of signage in residential districts in order to preserve their residential character and to prevent the "commercialization" of residential areas. Granting the variance would encourage other home-based business owners to apply for variances and encourage a proliferation of signs in the residential districts. Furthermore, the portability of the proposed sign will require day to day enforcement of the setback requirements. The City has not previously granted variances of this type. � Staff Report VAR #94-29, by Carol Torkelson Page 3 RECOMMENDATIONISTIPIILATIONB As the request exceeds the previously granted variances of this type, staff recommends that the Appeals Commission recommend denial of the request to the City Council. If the Commission chooses to recommend approval of the request to the City Council, staff recommends the following stipulations: 1. The si5n shall be displayed from January 1 to April 15 of each year. 2. The petitioner shall apply for and receive a temporary sign permit, including a $200 deposit. APPEALS COMMISSION ACTION The Appeals Commission voted unanimously to recommend denial of the request to the'City Council. CITY COIINCIL RECOMMENDATION Staff recommends that the City Council concur with the Appeals Commission action. 5C VAR #94-29 The resident has applied for a variance to allow for the temporary display of a 3 feet by 5 feet "A" frame style sign from January to mid April. The proposed location of the sign will —� be setback 20 feet from the house and 20 feet from the street on the property highlighted below (6800 Brookview Drive Northeast). _ Rice Creek n �� s�ro c�s� c 8°=' � �-- � I � c � � _ � �� t + � �i � � ��,P � � � �� ' � �PP� � i ' ' �at + � �: � Et1, t � l c �1 d� �e c � � P ��`�e��a � i f � � � ��Ce � 1024 � 10�6'd� � ,� ? 858 ( tt } � � � ( 3d j �1��} �� g� 974 � p1, isat �� (�1 990 d�j.l �� a�� 6861 �� l�J � i1 � l�1 .? ( b1 ) x.., c� i �� 1 � (�0) ��i� ��p� a�.� :y (�) � �� N� (�I) ��) �� (�) �� I � 41 � � ��) ��) � � � �� ) 97(i I i 1 ( ti ) ggl � 682Q � 68u I 6820 ( 4 7) �� 2) � ( 2 7 J ( 2 2) � (�I �� O ( +� 1 ( ��) t �) ( ��? � I � l � ) t � 1 l � ) ( � ) 999 6800 6801 �" t�e) �+�1 lu) 68th venue . _ a� � � a� -Q � � � a� U •I LOCATION � s� LOCA�'ION MAP VAR �E94-29 Carol Torkelson , ..` 3 ,d./ o.,: r, Z . _ ; �-- ---. ._ t}I.� .,`� y I I � i �e�: �' � �, ��....�,� �� ' .'� i e �� .�a .� r� � � \\� _� . (: � � y j , f . -'�" � L %' . • i � � � r C �� . 1 --�-,�;; -, . � �� , � � . �" '�rae� � � • ^ _ • � l� ` � � � • ��1 p . � •.�� E _ � 3 ' . ,' , tl G _ � `, t,�, J . t//� � 4 • • v �. J c s � E Oj a w z • � 6 t" C `"`. r A � ,,,-} r � � p �EEK � 2 ►�.�• H.AVEQ � . � , T'"� I � � �..,� • `j.. � ,V `` � , � � M '� � • w � u (►� -1 � . � r M1; � y /9 � � �. • Q f 3 � i • �' G -� � \ `� � (' t Q /B • � • � � • � '�� ■ : . .. ` 4��7 � a � � '° " e' N '�' ��i � j �. . �\� P 1 C �,C�R E E K ! g�� „�� (�/�'' r�{� 4+ /,7 • � I ."1�f�� ,.{ �..� / 3 �� "^ 6�• �' a�� 9� • ,SQ� ^'.�y � ` � ! �, ��`.�c1Q��(�'��r�' �fG x�� ' ° �°, • 3 "�;.•�-`•:J• �. <. _ _= ! - '; � • _ � • • • • • � j _ . �_' � r :* ;! �.s • .. � � * - r� ` �� _ � • • • ' ` . � �. � 1r,.� - cl 9 :a •r � • • • �: -� = ' j ,�� - � � � � � � /.3 • E� � i � � �,.: • • • _L _ ' � - . ,� �� w � . . . �ZE r i - �.1-� c � `�� , ' i _ - •,;..» �yt �aG = � � � � i � - 6� E � ' r � � � � � _ � � -�--�- ��- .•�� . �v .�. � .� �... --- - . , i � ,: . . z � : • : � �-- - �-� t • �. -- -- �:.i; .1. i I � �j - = .,. �`�� W 6T AV � � r �8 --- ' '� J' � � � � ` � s r' �J z _ " � � �'` � V d� C i-+ 6 ..19 �' .� f ` J f�_ / /� t..J U �f � 4 �-° W _ v• .TH. AVE. N.E. J/ `.,-' ! � � ( Z j � •�• i � o � �G �-E a , ` 4�, .r. J � �G� _ Q . � s ,� — p li,i � �4 / ,�s ( / a '�:: � '. '� s � • ' - ti` _ T 3. 1 /j Z _,j ! z ih • • r r E,•i4 � . a z 9� � � �s�' — /1 3 i1 3 169 \•• 2 � 1� . Z i� . -��' . � � W 1 � � - � ; • ,� d.� � �7 . y ` 4 // Qi V :�,,.+ � , , �, a.s � � � J a� KO 5 i� s �'� � � � -� 99� _� .,, f r �. V � 6 f 6 • � �; � � _ ' . � � -y � � , y ; _ � _ . j�1 �: � � i -- � �� -- - � � � � -- - � �1S$$lSS4°P! � I,T�, -.-- — ' . - €-1--- - � - 1 i / � 2 ! �4 y ` � /f ?' I� 9 ' '�r ! j ', - 1 - �.SU� Id '� 4 , r Ri r ,,,4 s � „ � 9 �6 - __ �. � ••�. "'��_ 1,/ry 2 7 ,�_ W 13 3 �; g V -t --- O � �� l I l.q 8 8 > ._ - W M I � j � � • • � � - �- � � ►- O � 9 9 . 4 2 3 � •��'� r� �� 0� tn � Z �s 1 c -�-- W - 'a5' •�•' c a /o I 9 B ,•�•,•' i Zs �8 . } t � ��• 3 64TH. AVENUE y� a� �9 � �S �� 7 2 •1.• 'ii�� -Uo •�• '�2 '�` y � 13 :� 90 \� , 3 p ;.,�.� a � � .��_ :, _ ' �, -_ ��- - - � '`Y- � 'r r A � � �1 - ` .. � '= p , j'� . �4 — � Q-. 5 � ,r 2 ;'4 i - . � s 4 �. �� ' !7. �s a--- ! / � � • � V G3 R� /� O5 � RICE CREEi< ROA I � � � r , � � � 67'�� 1 /Z Y — �- � j HER AL m- Q � { _ s !k b. � P. i • • • • L • •` • • : � � � � • � � • • • � � `♦ • � � � � • l � • I• ,•: •• / Mi� � � �.- � � DISTRICT LEGEND R-1 ONE FAMILY OWG'S ❑ M-f LIGNT INOUSTqIAL f_,I p-= TWO F�MILY OWC'S ❑ M-2 MEAVY INDUSTRIAI � � N-3 GEN. MUITIPIE DWC'S � VUD PIANNEO UNIT DEV. L: q-♦ MOBILE NOME VI1MR ❑ S-7 NYOE PARK NFIGMBORXOOC ❑ V PUBIIC F�CILITIES ❑ 5-3 NEDEVELOPMENT D19TNICT 0 C-1 IOCAI BUSINESS ❑ O-1 CREEK 8 HIVER ONESENVATION Q C-2 CENEN�I BUS�NE53 0 _ O-2 CRITICAL 4REA Q C-] GEMERAL SHOVPING � C-RI CENENnI OFPICE I� VACATED STNEET$ � E ZONING 11IIAP � VAR 4�94-29 Carol Torkelson Carol J. Torkelson 6800 Brookview Drive NE Fridley, MN 55432 CAROL TORKELSON �CE TA►�� SERV� _: j � i�:i j ,�-r i - ,l: i 571-7101 OFFICE HOURS 7:am - 8:pm WALK IN & DROP OFFS i WELCOME ELECTRONIC FILING � __ Temporary "A" frame sign to be used January to mid April (income tax season). Sign: 3 feet X 5 feet Total b feet X 5 feet Placed: 20 feet from house 20 feet from Street �..�.m.� TAX SERVICE 571-7101 omcs eoo�q �:,.-a�. WALK 1N � DROP OFPS WELCOME ELECTRO1vIC FILING 5F � PR�POSED SIGN APPEALS COMMISSION ME$TINa. NOVEMB$R 8, 1994 pAQB 3 Ms. Savage asked the petitioner is she was aware of any reactions from the neighbors. Ms. Heller stated she has received no complaints from the neighbors. MOTION by Ms. Smith, seconded by Dr. Vos to waive the eading of the public hearing notice and to close the public he ing. IIPON A VOICE.VOTE, ALL VOTING AYE, CBAIRPERSON D LARED T8E MOTION CARRIED AND THE PIIBLIC HFARIN(� CL088D A 8:08 P.M. Ms. Smith stated she would be inclined to v e for approval. The request is for a minimal number of feet f om the corner. The spirit of the code is being met. The r est does not change the current line of sight. Dr. Vos agreed. The existing set ck is already 15.1 feet and the bow window is r.ot a factor. Ms. Savage agreed. There i�already an existing encroachment, and the addition will impr�ve the look of the house. MoTION by Ms. Smith, s onded by Dr. Vos, to recommend approval of Variance Request, AR #94-25, by Michael and Julie Heller, to reduce the side cor er setback from 17.5 feet to 15.1 feet on Lots 22, 23, and 4, Block P, Riverview Heights, generally located at 82�32iverview Terrace N.E., with the following stipulation: 1. Speci�'1 Use Permit, SP #94-17, shall be approved. IIPON A OICE VOTE, ALL DOTING AYE� CHAIRPERSON SAVAGE DECLARED THE ION CARRIED IINANIMOII3LY. M. McPherson stated the Planning Commission would review the equest for a Special Use Permit on November 30. 2. PUBLIC HEARING: VARIANCE REQUEST, VAR #94-29, BY CAROL TORKELSON• Pursuant to Section 214.09.02 of the Fridley City Code, to allow a temporary sign of 15 square feet not on a wall in a residential district on Lot 12, Block 2, Brookview Terrace 2nd Addition, generally located at 6800 Brookview Drive N.E. MOTION by Dr. Vos, seconded by Ms. Smith to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:10 P.M. 5G APPEALS COMMISSION MEETING NOPEMBBR 8 1994 PAGE 4 Ms. McPherson stated the subject property is Iocated at 6800 Brookview Drive which is located at the intersection of 68th Avenue and Brookview Drive. The property is zoned R-3, General Multiple Family. There is R-1, Single Family Dwelling, across the street and to the west. Ms. McPherson stated the petitioner is requesting a variance to allow a free standing temporary sign of 15 square feet to be� displayed from January 1 to April 15 of each year for an accounting and tax service. The petitioner is proposing to display the_sign during the tax season. The petitioner has submitted a design which is temporary in nature. The sign is of an A-frame design and is portable in nature. The sign would be visible from the public right of way. Ms. McPherson stated, prior to granting a variance request for a temporary sign, four conditions must be met: A. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use�that do not apply generally to other property in the same vicinity and district. The subject property is located on Brookview Drive, adjacent to Highway 65 on the west side. The property is cZearly visible from the traveled way, and is not exceptional or extraordinary when compared to other single family parcels in the City. B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district but which is denied the property in question. Denial of the variance does not restrict the petitioner from disp2aying signs within the code requirements. These requirements include wall_signs up to three square �eet or a personal expression sign up to 32 square feet in area. C. That the strict application of the Chapter would constitute an unnecessary hardship. Strict application of the Chapter would not constitute an unnecessary hardship, as the petitioner still has an option to display signage within the code requirements. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. 5H APPEALS COMMISSION ME8TIN6, NOVSMBER 8. 1994 __ PAGg 5 The intent of the code is to limit the types of signage in residential districts in order to preserve their residential character and to prevent the "commercialization" of residential areas. Granting the variance would encourage other home-based business owners to apply for variances and encourage a proliferation of signs in the residential districts. Furthermore, the portability of the proposed sign will require day to day enforcement of the setback requirements. Ms. McPherson stated the City has not granted variances of this type. As the request exceeds previously granted variances of this type, staff recommends denial. If the Commission chooses to approve the request, staff recommend the following stipulations: 1. The_,sign shall be displayed from January 1 to April 15 of each year. 2. The petitioner shall apply for and receive a temporary sign permit, including a $200 deposit. Dr. Vos asked if is a wall sign of up to 3 square feet is permitted without a variance. Ms. McPherson stated yes. Ms. Smith asked what would constitute an area identification sign. ' � Ms. McPherson stated these would be signs or monuments for residential developments which announce it as.a neighborhood. It could be the sign for an apartment complex. Dr. Vos stated the property is zoned R-3 and asked if there was other R-3 on that side of the road. Ms. McPherson stated the properties west of Highway 65 are R-1 with the exception of this parcel. There were properties to the east of Hwy. 65 that are zoned R-3. - Ms. Savage stated the parcel now has a wall sign. She asked the petitioner the size of this sign. Ms. Torkelson stated the sign is three square feet. The proposed sign would be temporary and made out of inetal. She would put the sign up in January and hold it in place with sandbags. This business is her livelihood. The sign would be a professional, nice looking sign. She just had the house resided. She wants to continue to make the neighborhood nice but she also needs to make her livelihood. She has talked with the neighbors and they have no objection. 51 a APPEALS COMMISSION MEETING, NOVEMBER 8, 1994 PAGE 6 Ms. Savage asked how long the petitioner had been in business. Ms. Torkelson stated she had been in business 14 years. She had previously rented space on 7th Street and had a wall sign. That was not her property so she could not apply for a sign. This property belongs to her so as the owner she can now make the request for a sign. Dr. Vos asked, if the Commission denies use of the portable sign, would the wall sign be sufficient. Ms. Torkelson stated she did not know. She had hoped to get a variance so it would be more visible. She bought the property because she could not get office space. She has only been self- employed for two years so she is in the process of building a business. MOTION by Dr. Vos, seconded by Ms. Smith to waive the reading of the public hearing notice and to close the public hearing. UPON A VOICE VOTE, ALL VOTZNG AYE, CHAIRPERSON DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:20 P.M. Dr. Vos stated he was on the list of persons who were notified because he lives within the area of the requesting party. The sign code has four criteria to consider as part of strict application of the code. His experience has been that we would like to have all four criteria have something and indicate a hardship because of the location, competing business signs, etc. He did not see that in this request. He is concerned that, if the request is granted, other home businesses in the neighborhood would also like to have a sign. Ms. Smith agreed. The biggest problem is not that we could not do something on a temporary basis,. but if we approve for one person we will have to do so for others as well. She would have a hard time saying no to someone else if saying yes to this request. Ms. Savage agreed. She also lives in the neighborhood and has gone by the house. As has been expressed, the concern is that, if we grant the request, we will set a precedent for others having home businesses to apply for a sign. She would be hard pressed to deny other requests. There is the opportunity throuqn a wall sign, and the petitioner is in a visible area next to Highway 65. She did not see a way to uphold the code and grant the variance. MOTION by Dr. Vos, seconded by Ms. Smith, to recommend denial of Variance Request, VAR #94-29, by Carol Torkelson, to allow a temporary sign of 15 square feet not on a wall in a residential 5J � APPBALS COMMISSION ME$TING, NOVEMB$R 8. 1994 PAGE 7 district on Lot 12, Block 2, Brookview Terrace 2nd Addition, generalZy located at 6800 Brookview Drive N.E. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the City Council would consider this request and take action at their meeting on November 21, 1994. 3. PUBLIC HEARING: VARIANCE RE4UEST, VAR #94-30, BY MEARLIN NORDSTROM: Pursuant to Section 205.07.01.B.(4).(a) of the Frid y City Code, to allow a first accessory structure over 1, 00 square feet (1,264 square feet), on Lot 9, Block 2, Hol' ay Hills, generally located at 501 Rice Creek Boulevard .E. MOTION by Ms. Smith, seconded by Dr. Vos to waiv the reading of the public hearing notice and to open the publ'c hearing. IIPON A VOICE VOTE,�ALL VOTING AYE, CHAIRPE ON D$CLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPE AT 8:25 P.M. �` Ms. McPherson stated the subject parc�.Y�is located at 501 Rice Creek Boulevard N.E. which is south vf 69th Avenue and east of University. The request is to allo�i an increase in the size of a first accessory structure from 1,,600 square feet to 1,264 square feet. The petitioner is also p�ocessing a vacation request to vacate the easement. The Plar�riing Commission re�iewed the request and recommended the ity Council approve the vacation request. Ms. McPherson stated th, subject parcel is zoned R-1, Single Family Dwelling. Loca,i�ed on the parcel is a single family dwelling with an att ched garage. The existing garage is 780 square feet (26 fe x 30 feet). The petitioner is proposing to add an additional 484 square feet, which is an addition of 22� feet x 22 feet. The total square feet would then be 1,264. The dwelling unit 's 1,424 square feet in area. Ms. McPhers stated the addition meets the setback requirements and does r�,ot adversely impact sight lines. The existing driveway should be�used by the petitioner, and the petitioner would be requireai�to provide a hard surface driveway. The addition is to be arc�i4itecturally compatible. The request is within previously gran�z'ed variances. Staff has no recommendation. If the Co�,mission chooses to approve the request, staff recommends the fdllowing stipulations: i 1. The petitioner shall use the existing driveway opening. 5K I _ � Community Development Department PLANNING DIVISION City of Fridley DATE: November 17, 1994 Q TO: William Burns, City Manager,� �r,/ FROM: SUBJECT: Introduction Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Steven Barg, Planning Assistant Reallocation of 1994 CDBG Human Service Funds On July 25, 1994, the City Council approved the Human Resources Commission's (HRC) recommendation allocating $25,000 in 1994 CDBG Human Service funds among eight agencies. Shortly thereafter, Greg St. Hilaire informed staff that CHAP (Caring, Helping, And Providing) would be unable to use its $3,000 funding allocation since the store had been removed from its leased space in New Brighton and could not find another affordable business site in the area to rent. HRC Review On November 3, 1994, the HRC reviewed and discussed reallocation of these funds. The Commission recommended that these monies be reallocated as follows: 1. Safety Camg The Commission recommends that $2,000 be allocated to the Safety Camp project scheduled for June 1995. Safety Camp is a unique program which will provide a two day learning experience for children having completed second and third grade in various safety areas, including fire safety, water safety, etc. For further information on this program and a tentative schedule, please see the attachment to this memo. Some funds would be used to provide scholarships for children whose parents meet the CDBG income guidelines, thus allowing participation by children whose parents could not afford the $15.00 registration fee. Additional funds would be used to meet other eligible program expenses provided that documentation shows a majority of those benefitting meet the income guidelines. Reallocate 1994 CDBG Funds November 17, 1994 Page 2 2. Tamarisk Resources The Commission recommends an additional $1,000 in funding for Tamarisk Resources to assist in its hospice program. As with the $5,000 already provided to this agency for 1994, these funds would be used in training hospice volunteers and promoting the program in our community. Representatives from these agencies will be present at the November 21, 1994 City Council meeting to present infornaation and answer any questions that Councilmembers may have about these programs. In addition, a representative from the Human Resources Commission will be in attendance to answer questions regarding its recommendation to reallocate the funds for these two purposes. Staff recommends that of $3,000 of available ($2,000) and Tamarisk S B/ dw M-94-692 the City Council authorize the reallocation CDBG funds to the Safety Camp project Resources ($1,000). . � ,.t : ,�. SAFETY CAMP'95 ** Tuesday, Wedaesday - June 27, 28. 1995 ** Location - Commons Park, Fridley Middle School (pool) Awards Ceremony - Fridley Senior High In case of rain - CBC and Fridley Middle School ** Participants will be kids who have completed 2nd and 3rd grade. ** Maximum number of participants - 150 children ** Campers are divided into groups of approximately 20 - 25 kids . Each group has at least one member from the police, fire, and recreation departments to serve as leaders. SAFETY TOPICS * Fire Safety - Safe Escape House - Fire Dept. * Water/Pool Safety - Aquatics - Lifeguards * Personal Safety - Richfield PD ,� * Railroad Safety - BN Railroad * Electrical Safety - NSP * Drug Prevention - Air National Guard * In-Line Skating - Easy Stride * Wheelchair Awareness - HCMC * Seatbelt Safety - NIDT State Patrol * Animal Safety - Springbrook Nature Center * Home Safety/Burns/First Aid - Unity Hospital * Bike Safety - NIIJ State Patrol .: y. .a�- �-�_ _ .� : � � _ _ . ii f R DAY ON8 8:30 - 9:00 9:00 9:30 - 10:15 10:30 - 11:15 11:30 - 12:13 12:15 - 1:00 1:00 - 1:�5 2:00 - 2:45 3:00 - 3:45 4:00 - 4:30 4:30 DAY TWO 9:00 - 9:45 10:00 - 10:45 11:00 - 11:45 12:00 - 1:00 1:00 - 1:45 2:00 - 2:45 3:00 - 4:00 4:15 - 4:30 6:00 - ?:00 pm 7:00 - 8:3o pm TENTATIVE SCHEDULE Registration Opening Ceremony - Arrival of helicopter with McGruff, Smokey, Sparkey Safety Topics LUNCH Safety Topics , Uniform Relays Parents pick-up campers Safety Topics LUNCH Safety Topics Olympics Parents pick-up campers ICE CREAM SOCIAL AWARDS CEREMONY 6C I _ � DATE: T0: FROM: SUBJECT: BACRGROIIND Community Development Department G DIVISION City of Fridley November 18, 1994 William Burns, City Manager��w Barbara Dacy, Community Development Director Consider Order to Remove Hazardous Building at 5335/37 - 6th Street N.E. On July 6, 1979, t*�e City issued a building permit for a double bungalow on property generally located at 5335-37 6th Street N.E. Existing on the property at that time was an old 20' x 24' single family home located in the rear portion of the property (see attached survey). One of the conditions on the permit for the double bungalow required a wrecking permit be obtained to demolish the existing house. According to the original contractor who constructed the double bungalow, the City permitted the house to remain under the information that the owner of the double bungalow was going to use it as a workshop. There is no documentation in the address file to verify this. The house/shed, however, is now in very poor condition. Ownership on the property has changed since the issuance of the 1979 permit. We contacted the current owner and asked him to remove the building because of its hazardous condition. The current owner, Robert Huber, of Cedar, Minnesota, has verbally advised staff that he does not feel that he should be responsible for removing the structure, given the 1979 permit stipulation. The original contractor who was required to remove the building is stating that he is not responsible to remove the structure as well (see his letter dated September 20, 1994). CIIRRENT STATII3 John Palacio has prepared a detailed memo regarding the hazardous conditions of the structure. The City Attorney's office has recommended that the City Council declare the building hazardous under Minnesota State Statutes (a similar process was completed by the City for 513 Fairmont Street N.E.). Order for 5335/37 - 6th Street N.E. November 18, 1994 Page 2 An Order to Raze Hazardous Structure has been prepared for the City Council's approval, declaring the building hazardous, presenting findings, and ordering its demolition. The owner will have 20 days from the date of the Order's service to appeal the Order. If no appeal is filed, the owner has 30 days from the date of Order's service to remove personal property from the structure and to demolish the structure. If the owner does not demolish the structure, the City will hire a contractor to demolish the, building. The cost of the demolition will be assessed against the property. RECOMMENDATION Staff recommends the City Council adopt the attached Order to Raze Hazardous Structure as presented. BD/dw M-94-697 7A 612 780 1777 NOV 17 '94 10�18 BARNA GUZY & STEFFEN(�R � STATE OF MINNESQTA CdUNTY OF ANOKA Tn r�: Hazardous at 5335/37 6th Street N.E. Fridley, Minnes,ota, Ieqally described as Lots 23 �nd 24, Black 16, Hamil�on�s �,ddition to Mechanicsvil�.e, Anoka County, Minnesota. P.2 DISTRICT CQURT TENTH J'UDICIAL bISTRIGT ORDER TO RAZE HAZARDQUS STRUCTIIRE The above matter came on far public hearing at a regular mee�ing of the city Council Qf the City of Fridley on t�e 21st day oi Navember, 1994, at 7:3Q p.m. Upah hearing evidence presented in the mat�er, the City Caunci� makes the fa�.Zowing: FYNDINGS OF FACT A. That on August 31, 1994, Jahn Pa2acio, Chief Buiidzng df�icial for the City af Fridley, inspected the real. estate ].ocated at 5335/37.6t,h Street 13.�., Frid�Ey, Minnesota, following complaints from unsafe and unsanitary canditions, inc�uding rad�nt �,nfestation. B. city of Fridley has foz several months attempted to resolve the situatian with the own�r. C• Based upon the referenced inspection, the following coriditions exis� on the property; 1. The roaf covering has deteriorated because af age and �ack of maintenance, which has allowed water Ieakage into the structure. 2- Because af the lack af maintenance, there has been significant water damage to the ceiling and wa11s � . 612 780 1777 fJOV 17 '94 10�19 BARMA GUZY & STEFFENGER of the living space. P.3 . � 3. The raof structure has d�teriorated; structural prob�ems are evidenced by r�oticeabI.e sagging of �he roof, unrapaired apenings in the roo�, and significant rotting of structural membErs. 4. Tha building�s p].umbing iixtures have been abandoned and are broken, resulting in open s�.wer situation creating healfih hazards. 5. The structura3 r�embers of the roaf are compromised by the rotting canditions ta such a degree tha� the,chimney is no �onger adequately supported anc� is leaning. There are a numbex oP bricks missing due to neglect. The�entire ohimney is unstable. 5. The.building has no record a� electr�.cal services di.sconnect. 7. Mast of,the openings ta the building have been damaged and glass broken, and.have been baarded up. The front door is structu�ally de�icient, does nvt prevent unauthorized en�ry into the bui�ding. E£forts af boardinq the building have nvt been successful, and the building has been the site ai prior trespassing by children. 8. The exte�ior siding, because ot inad�quate maintenar�ce and water penetration �rom the roof, is cracking, pull.a.ng away from the wal.ls, and is out ot plumb. _2_ % `i � 612 780 1777 P�OV 17 '94 10�19 BARNA GUZY & STEFFENGER P. 4 9• Z'izere has been�rodent infestation of the buildinq; rodent droppings were found inside the dwelling, and holes were found in the iouridation allowi�q animals to gain entry ta the building. 10. The hause daes not meet the codes minimum size requirement of ]., 020 sq. �t, for one-f�ami.ly � - dwel].ing unit.. The structure is 500 sq. ft. (20 �t. X 25 ft.). �1. The parce]. already cantains a two--family dwelZing. The city codE prahibits another principal structure given the size of �at in question. 12. The cost oi repaira.ng these structural defects and cQde vialations is estimated �o be $28,425.OQ (50Q sq. ft, x$56_85/sq, ft.). The curr�nt appraised value of the building is $455.00. coHCLUSIONS oF Covrieii� 1. Th� structure is h��ardous because of inadequate maintenance, di3apidation, physical damage, unsanitary condita.ons or abandonment, and constitutes a fire hazard and/ar hazard to public heaith ar safety. � 2. The bui3dxng contains several, structura]. hazards holes in the roof, sagging rovf, opeh foundatian, unsecured dvors. �. The structure is hazardous due to ].ack of weather protection. 4. The structure is hazardous and is an attractive nuisance �o children irt the area. -3- �� I 612 780 1777 NOV 17 '94 10�20 BARNA GUZY & STEFFEN6ER P.5 5. The cost af repair far exceeds the market value of the property. � 6• The cost af repairzng the building to meet code vialations wauld exceed 50� or more•of its fair marke� value; there�ore, the structure would have'to be brought into compliance with al� of the city's code requirements, svme o� which would be impossible for this structure to comply with (setback requirements, 1ot coveraqe requirem�nts For second principal dwe�Iing structure}. , ORDBR 1• The nan-occupied 2o it. x 25 ft. house/shed structure at 5335/37 6th Street N.E., Fridley, Minnescta, is a hazardous building pursuant to Mznn. Stat. �463,152, 463.616. 2. Pursuant to the foregoing findinqs and in accordance with Minnesota stat�tes, the c�ty Counci� here�y ozders the rec�rd �wner of the above-hazardous buzlding, or his heirs, to raze the buiZding within thzrty {30) days��f the date af service of this order. The site must then be xestared to a s�f� �andz�ion with f il� as necessary. 3. The City Cauncil further orders that personal property ar fixtures that may unreas�nably interPere with the razing and removal oi the buzlding sha2� be removed within thirty (30j days, and if not so re�oved by �he awner, the City af Fridley may remove and sell such persona� prop�rty ahd fixtures at public auction in accorclance with law. 4. The City Council Purther orders that unless such �� 7E 612 780 1777 NOV 17 '94 10�20 BARI`IA GUZY & STEFFENGER P.6 corrective aation is taken or an answer is served upon the City of Fridley and filed in the office af the Court Administration of the District Court vf Anoka County, Minnesota, within twenty (2p) days �rom the date �f the service af this ordez, a motion for summary enforcernent o� thxs oxder wi�l be made to the D•istrict court of Anoka Gounty: 5. Th� Czty Cauncil further orders that if the City is compe2led to tak� any corrective action herein, all necessary cdsts expended by the City will be assessed against the real es�ate concernad, a�d collected in accordance wzth Minn. Stat. §463.22. 6• The mayor, the cierk, city attorney and othex officers and empZoyees o� the City are authorized and directed ta take such action, prepare, sign and serve such papers as are necessary �o c�mply with this arde�, and to ass�ss the cost thereaf against the real estate described abave for co3lec�ion, along with taxes. Dated: , 1994 g:�corp\gvh�fridley\ord-5335.3? -5- %F BY THE ORDER OF THE CTTY COUNCIL By: Wxlliam J. Nee City Mayor ey: William W. 8urns City Marsager BIIILDING DIVISION MEMO DATE: November 17, 1994 TO: Barbara Dacy, Community Development Director FROM: John Palacio, Chief Building Official SUBJECT: _ Hazardous Building at 5335/37 - 6th Street N.E. (building located in rear yard) Inspections have been conducted at the address listed above to verify complaints in regards to an unsafe building. On Wednesday, August 31, 1994 an inspection was conducted and a letter was sent to the property owner, Mr. Robert J. Huber, to notify him of the hazards. Since that time, Mr. Huber has had correspondence with the original builder/contractor who was to remove the building in 1979. Neither Mr. Huber or the original contractor will remove the building. The building is hazardous for the following reasons: * Roof is deteriorated and has structural problems as evidenced by sagging and opening in roof. * Roof covering has deteriorated because of age and maintenance. * The building plumbing fixtures have been abandoned. * The building has no record of proper sealing.of sewer and fixtures have been broken that result in open sewer, creating health hazards. * The building has no record of electrical service disconnect. * The building has no record of heating system disconnect, and the chimney is deteriorated. * The chimney brick mortar has deteriorated, allowing brick to become loose. * Most, if not all, of the windows in the building are broken; windows have been boarded up. * The building structure, because of inadequate maintenance, has exterior siding and stucco cracking, leaning out of plumb, structurally deficient because of years of neglect. 7G Building at 5335/37 - 6th Street N.E. November 17, 1994 Page 2 * The front door is structurally deficient and poses ha2ards to trespassing children, and efforts have not been successful in boarding up the building. * The foundation has deteriorated which allows an open area for harborage of animals. * Walls and ceiling of the interior have fallen in because of inadequate protection from the weather. * Fire hazard to public safety and health; the building is located in the rear yard within 20 feet of the main structure. * The roof inembers around the chimney are sagging because of structural decay, causing the chimney to lean out of plumb. The present appraised value of the building is $455.00. Fridley Code Section 205.03.(3a) states that a building cannot be upgraded if the necessary repairs exceed 50� or more of its fair market value. The cost of repairs are estimated to be 20' x 25' = 500 square feet x$56.85 =$28,425.00. The cost of repairing the building to a sound, safe condition would exceed the zoning requirements. Also, the building would not meet the minimum requirement of 1,020 square feet for a one family dwelling unit. Finally, the parcel already contains a two family dwelling. Permitting another principal structure would not be permitted given the size of the lot. Please contact me if you should need further information. JP/mh 7H MAROLO G.SHERMER RIGK G. SHER►�IER KEITM G. SHERMER s- SHERMER CONSTRUCTION 8400 78TH AVENUE NORTH MINNEAPOLIS. MINNESOTA 55445 H. G. Shermer 8400 78th Ave. No. Minneapolis, Minn. 55445 _ September 20. 1994 Robert J. Huber 18380 Gladiola Street NW Cedar, Mn. 55011 TEIEPHONE 61 2.425•270a Re; Property loacated at 5335/37 6th Street NE, �ri.dley; MN. 55421 Dear Robert Huber: I received your letter pretaing to a twin home located at 5335-37 6th Street NE. Fridley. I built the home in 1979 for the property owner, Walter Bonczek, the City of Fridley stipulated the small shed or house be removed, before they would issue a certificate of occupancy- � Walter Bonczek persuaded the City to not�remove the building, so he could use it as a work shop. : I completed the twin home and had the reguired inspections by the City. - The City of Fridley issued a Certificate of Occupancy. The Certificate Stated the builder has complied with all the City requirements and the home is ready for occupancy. I don't know who gave permission to leave the house-shed, as Walter Bonczek never said, or Z don't remember, as you know that was fifteen years ago. I think you should contact Walter Bonczek. ' I feel H. G. Shermer Const. built the home to City and State codes and requirements. If we had not the City of Fridley, would not issue a C.O. Sorry I can't help you. Harold G.Shermer � �.. �`�� J G� � � /�� %� Robert J. Huber 18380 Gladiola Street NW Cedar, MN 55011 September 13,1994 H. J: Shermer Construction 8400 781h Avenue North Minneapolis, MN 55445 Re: Property Located at 5335/37 6th Street NE, Fridley, MN 55421 Dear H. J. Shermer Construction: I have enclosed a copy of the building permit you obtained on July 9, 1979. In ihis permi[ it states that you were to obtain a wrecking permit for the existing building, and to remove the existing building at the time of the consiruction of the new building. A wrecking permit was not obtained, nor was the existing building removed. I am requesting that you remove the existing building by October 20, 1994. If you should have any quesaons, please feel free to call me at 753-4865. Sincerely, , Robert J. Huber Cc: John Palacio, City of Fridley Enclosures: 1 7J _ _ c��r oF FR! DLEY FRIDLEY MUNICIPAL CENTER • 6�31 UNIVERSITY AVE. ti.E. FRIDLEY. MN 55432 •(612) 571-3450 • FAX 161?1 571-1287 September 1, 1994 Mr . Robert -J . " Huber 18380 Gladiola St NW Oak Grove Township, MN 55011 Re: Hazardous Building (20' x 25' Shed) at 5335-37 6 Street NE, Fridley Dear Mr. Huber: An inspection was conducted on Wednesday, August 31, 1994 in response to a complaint on the above noted building. The complaints were harborage of rodents and dilapidation of the building. The inspection verified that the building was hazardous because of the following: 1) Inadequate maintenance. 2) Dilapidation. 3) Physical damage. 4) Unsanitary conditions. 5) Fire hazard to public safety and heath. Other items are the building has been abandoned, windows have been boarded up, entrance has been left open to the public, and foundation is open ta harborage of animals. The plumbing fixtures have not been properly sealed. Therefore, at this time you must remove listed above. You have five days to questions do not hesitate to call me a Sincerely, , C� PAL IO Chief Building Official' JP/mh the building to eliminate the hazards reply in writing. If you have any t 572-3602. CC: Mr. Chuck McKusick, Fire Chief Mr. Carl Newquist, City Prosecutor Ms. Barbara Dacy, Community Development Adm. 7K � � v � �11M1�V•�a��,,. � C�RT[F'(CATE.O.F' SURVEY �� - ., ::� �,� � i��,�� .; JAME3 L. KURTM • . . LARlD SURVEYOA . � � . , 400Z JEFFERSON ST. N.E. . -- -- - -- COlUMBfA HEIGHTS 55421 ' � �. � 78&9769 4 � N[Rt�r C�RTIFY TNAT TMIf elJwVtlf. K/►N, OR RCrORT WAS rRi�AR OY Mt O!� UNOER MY OIREGT fUtC!lVtf10N ANO TNAT 1 AM A OULY lKOISTEIKD l,AHO �URViYCQ UNOER TN< 1�WS f TMt i�ATt Or MINNlSOTA. � �. ��u�`�{a` ,- ;1 1 i'; ,� �,� DATE 4- (� `77 �f�_ . � ,��. •- --.�!� ��' i , SCALE 1"= 3O� M1NNE50 REGISTRATION NO. 5332 �=1RON MONUMENT _ _ - l � . . . W � _.__:�. , �. . _ .V , b.t1 - 36-t � , _S _ST �53�oi . � .. 9-t; . -130.80 � - � E--3�'—t �,o- ` ._: " . \J �o .{ c�T y' . � 0 } _� q' . , . � — — — ,.l _-` _ : , E-- - r. . � �, ' : _' - �, - �. � . � 130: 80 .. �--�- . ,. � � � � - -� : . ._ - -; - . , - Of OOES . NO= 'Cs1l�� : �tF tH� a�T �m a�vanor� /►cCUW►CY OF U�� lOC1►'�s Y �� pN ftlRPOSES ONi 11i�5 CA:A iS � �� n�fo�ncr� �ERSOhS USWG R - �� - �� T}1E S(iE• � 3 75 ` �E,,p 2S 8 � �r r � 1-S-ST� . ,� N �t 5335 � � ` zo.s ( _ � . Q �� I 111 � . . � � � � .,Q -- . -. � :.. �� . �, : � -.: +o ' � i 3 a��qY �'Vp � - � . �FMoV� p�r� o r c�, �N ar fl�,�Ma �R� oR �v c . i'�'AY O CF'�NT � . _ ��GS SURI�EY OF Lots 23 and 24, �iock 16, Hamilton's Addition to "7echanicsville, Anoi�a Count� � � 7L .� ..:, eN�e d'�y, �� I -�= : t�`�, t � '' ,,. Yllnv- ` • `� _ �� .:� `` . . `a ` v ' tt J - 4J �� .�� ,t�•`'.�`\ �,� ; •.V �„ � .r � : ;�.s =� � , • c� 0 , - c�ty of Fridley ' AT THE TOP OF THE TWINS .; 1 . ._ #'A ��:.lj�'Ac`.'. � L . � '' COMMUNITY DEVEI PMENT DIV. � � y_�_____, f � � PROTECTIVE INSPE T10N SEC. i � i ` -I_� ��"" �� CITY HAIL FRIOLEY 55432 `" 612-571-3450 JOB AOORESS 5335 �y6t 1 IEGAI l0T NO. 8L oescR. 23 , 24 2 PROPERTY OWNEFi Walter Bonczek 3 CONTRACTOR H. G. Shermer a ARCHITECTORDESIGNER 5 ENGINEER 6 USE OF BUILOING �o�.,�, � a " ` _ we�ecT 6UIL�ING PERMIT NUMBER REV. pATE PAGE Of 9�o-F�5 7/6/79 / / �_ . ._ . .15318 9l0. � �� %%S �-Z. APPNOVEO 8Y Street N.E. _ C TRACT OH AOOITION SEE ATTACHED 16 Hamilton's Additian tio Mechanicsville SHEET • MAIL ADOflESS ZIP PHONE 4249 Humbold� Avenue North, Mpls., i�i MAIL ADORESS ZIP PHONE LICENSE NO. D1..lu1:1..1V11 O'tVV — /OI..Ll HVCi14C iVVrl11 4L�—L/U4 MAIL AOORESS ZIP PHONE LICENSE NO. MAILAOOHESS �p�RATE .P��q��s RE U�R� PHONE IICENSENO. - . . . PLUMBtMG AN� SIGi�lS 7 CIASS Of WORK � NEW 0 AODITION O ALTERATION Q REPAIR ❑ MOVE ❑ REMOVE X B OESCRIBE WORK , Construct a 48' x 34' ib�t l� BLmga�ow and a 24-7' x 25' Garage 9 CHANGEOfUSEFROM TO . STIPU�ATtONS : provide a- hard-surface drivew Provide sod in the ,front and side Y aYr �_ _ � yards. Pravide City with copy -of verifyi.ng survey before capping _: Obtain` wreckin effiit fo is ' house. • �� s� ,� Q P r e�c tina SFWER LOCATION: (Approxo 10' Deep In Street) 55' No of Manhole (Invo 863.29) -� WYE ELEVATION: 863a46 TaP OF FOOTIldG: 866.60 Minimi� � WATER 7�OCATIO.�ii: 54,6' N.E.of Manhole, 37_0' S.W. of S.Wo corner of 5361-6th - � , DRIVEWAY DEPI�SION ESCRDW: 16' + 6' x$15.75 =$346a50 C�:V a�.. Q.��u�Ot�JJ �-�q _ . plus 20 f eet of old drive to be. closed $15e 75 x 20 =$315. 00 � i�'� ��J,� °_ . . � n�� utY c►t �ou�r co�s Ewt c�� :� . ux�cT of AC t�l'ttRY LCCA AP�Q TIONi �`/A i�C � iZ!!S �I►TA. 16 fOR iNtOfUMt'!ON PtiCPOS�S Otdlt AND , �� _ . eeRSONS us� R srsovto v�a�r n� �o�s+vN �ota dig�8 cap ioeat uuti!litla . a� �e s�tt - � � , . _ ?ELF�NOI►�_ �1�CTR � � SEPARATE PERMITS ARE HEQUIRED FOR EI.ECTRICAI, PWM8ING, HEATING, TMPE OF CONST_ �qt�Qy�jQUP OCCUP Y LOAO VENTILATING OH AIR CONDITIONING. WOOd F2dme i��Kru g�,� THIS PERMIT BECOMES NUII ANO VOIO IF WQRK OR CONSTRUCTION ZONING SO_ F7. CU. FT. AUTHOfiIZED IS NOT COMMENCED WITHIN 60 OAYS, OH IF CONSTRUCTION OR WORK IS SUSPENOED OR ABANDONEO FOR A PERIOD OF 120 OAYS AT 1632 + 61% 34, 556 'Tbta ANY 71ME AFTER WORK IS COMMENCEO. NO. DWLG. UNiTS OFFSTREET PAfiKING I HEREBY CEHTIFY THAT I HAVE REAO AND EXAMINEO TMIS APPUCATION 2 S7ALlS GARAGES ANO KNOW THE SAME TO BE TRUE ANO CORRECT. ALL PROViS10NS OF LAWS VALUATION SURTAX ANO ORDINANCES GOVERNING THiS iYPE OF WORK Wi�� 8E COMPLIEO WITH WHETMEFi SPECIFIEO HEAEIN Oit NOT. TME GRANTING OF A PEHMI7 $S4�%OO �SZ%o3S DOES NOT PRESUME TO GIVE AUTHORITY TO VIO�ATE OR CANCEI THE PERMITFEE SA . PAOVISIONS OF ANY OTHEFi STATE OR LOCAL LAW REGUTATING CON- STRU T PERF ANC OF CO UCTION. $�.35.22 $HSO. PLAN CHECK FEE T F 34.56 $1 050.13 S�GNA7U�7EOfCON7RA Oa q uT R12EOAGENT �O�TE� WHEN PHOPERIY VALIOATEU IS VOUR qM�T BU0.DERi �O�TE� �� i � BipG �a5e ' � ' j .� �. �- ��.�. �t � 1� ; `. � � � , �, � • + ,` =J`�►�*�1`,'`\� :� ��,.,�. �:s � � . ; . T '..��i � : w�� ., . : _ � ` . �. _ �4j+, _ ^��-�_. rrd: -�_ . . > ♦- —r� �� _. � " - ' t � » � . � �� !f`, T �• � �S � 4 .f -'l � " . � . , ,.7- A{. � ._ � � 6.,t� ' E �°r }t ��" ��,.'� {' ; ! �.!�`i�y ,r,`/'v �� - . %5" � �� y' � ��p � - � ro :` � . , rr� k �;, ' ,• � �� '� . � . r��`� . z� � � �, / . . a�?� `} . ,,.� - 4 �f�• , � " - • . 1� � � <' 4 � . : `: �f `� . .`4;' a o " i,�, i 7 �`� �-�� v' . . . , , J % '� `-i�'-.`ti �'.' y� � ` .'' . , . �� ' , ,.�� '.��ti �v y' i L. ` �'r.�,� .�i.. ,�. t� .� ` . , . �' . �� , _` ` �'t'.'S� � - - =� � , .,r �•'t't. �ti�' I• w . ,� t.` _ , �-.: � t�_..., ..` � M�rd� �f f` 'ry / /� � . �rr�+ ? ;� , t f�"• � r.'. :�. !' .�; . � ��,�' .. i " - _ _ .. � C . = . . . . . . . .. • .l.' . UL�'6i�f �.�y,t^�� -�i! �, �,y��y. _ - � Y `i�;' - i = � � , ! s',�i'" � .-_ � F y� � - rY 4*� � : rs A _s � � . r .t4 ��,-+°i R.x• _ ' , ' . i � . -°f W ;�i�']�'.1.A3'S`}�!+�. ... �'l�H�z��?:° -+� .,,... ..' . ' Y' v �._/ t' i *,, 70 � , � ; i_ x- �� . �. � � �. �. . . .s � s :� �:: ,� , g� �:3 _ .� . t� _ � ' �_ �4 '..� 1 _ • � -�al.�.' . t '.� ,: �t y� � . , i •' , �,: � y ' �`,� _{ _ � � 3 ;_ .�; � '. +z . �, .��5�� ` _ . �..*. � .#ijt�-� .. r+ � ; a�.' 1< �� , �� , r r1 � � y• � �� '�-�;,: c �,- -� � ,' � � �~ a -�� . .. '�. �. � . : - � ' . � `� . }, � . at '�"_ . ' � xA Y • . 4 „'y.i 1 i ,. r.. � � ��:N�t.�� +..�. . ��, Y:- �!li �}�.-�' ' Y . - . � � ) . f � r ..at • i �✓/ . ,,', -- � ��_---___ , ;,-� � , _ _ �; . -----._ ;/�. , _ • 1 � .r � � _ .. : �.� � }.^ ;A, �i ti ��• r J�h'.1 1�1��„�r1�`� 7:•.t 4 .l �',' �� 1 � # •��t . �. •, jr�,,;�r�• �.i � ';�+. � �:� �r �' , � •�„�� ,•�'�� 3:��.,+F ��'�� ± , '•-,�. ,,� ,�5� , - C � . �`•':��,. y i; -.'�„�c` i• . �', r; � �{ ' � . ^ ��:G� a •' .` , +;✓v , . r � � � = •''4`�i4�a�Fn., .�, � th t � � `, �; � . ' - , ? -+ �i*S� `1� j,'+ ��?'� �! T��,�� .� , � r .. � � 'it' 111�.I �{�c y � � �%i ! . ►#��- , � I � �� , . .� , �,� , .,: - � ,� . . -� • ;.;". �, _ J � . �� `�`�. ��. � • •.d � � • ` 'f w �.� �.��-�; ' _ r Y +� � I ...'�� i'. ... _ � _ � Community Development Department PI.ANIVING DIVISION City of Fridley DATE: November 17, 1994 � TO: William Burns, City Manager � • FROM: SUBJECT: Barbara Dacy, Community Development Director Resolution Authorizing Leasehold Cooperative Tax Status to Hyde Park Properties The attorney for ACCAP reviewed the resolution that the City Couneil passed on September 6, 1994 regarding ACCAP�s application for leasehold cooperative tax status for three properties in Hyde Park. The attorney has advised us that the reso].ution must address specific findings from State Statute; therefore, a revised resolution is submitted for City Council action. ACCAP was successful in obtaining MHFA funding to purchase and rehabilitate one four-plex and two-seven unit buildings in Hyde Park (6008 - 2nd Street and 5908-16 - 2 1/2 Street). RECOMMBNDATION The Statutes applying to leasehold cooperatives requires a public hearing; therefore, staff recommends that the City CounciZ establish December 5, 1994 as a public hearinq to consider the leasehold cooperative status on the property. Apparently, the deadline for changing the tax status is December 1, 1994. Anoka County will allow ACCAP to submit the request after the December 1 deadline if the resolution is approved on December �, 1994 as well. Consequently, staff will also schedule. the resolution for City Council approval on December 5, 1994. Notification of adjacent owners is not required by Statute, but the City Council may direct staff to notify neighbors if desired. These requirements were not brought to my attention when the resolution was originally requested. BD/dw M-94-704 612 780 17?7 I'dQ�;' 1? '9� 10=1@ BAR�IA GUZY & STE�FENGER RgSOLUTibN N0. � _ Zgg4 RESOLII`1'�ON MAKING CERTAIN F7NDINGS REGARDINGI FiOb1�STEAD TA8 �'REATMENT pF pROpERTY IN AYDE PARK BEING PURCHASED YiY AN�K1�. COUNTY COMMUNITY ACTION PROGRAM, TNC. P.2 i�iERE.�S, the City Council of the City of Fridley adopted R�solut.ion No. '73 on Septe:nber &, 199�, supparting th� Anoka County Community Action Progxam, Inc. (ACCAP) project to operate three multiple fami.ly prvperties located at 6408 - 2nd Street, 5908 and S9].6 - 2 1/2 Street, as l�asehold cooperatives pursuant ta Minnesota Statutes Section 273,124. WH�FEAS, Minnesata S�atutes Secticn 2'73.I.24, subd. 6(jj spec�.Eically rer�uires tha� the city where th� leasehold caopera�ive is located inusz make findings regarding the property in arder for the coopera��.ve to obtazn hom�s�ead tax treatment under that statut�. NOW, THEREFORE, BE IT RESOLVED, that the City of Frid�ey finds that rhe granting af homestead tax treatment for the properties lacated at 6008 - 2nd 5tre�t, 5908 and 5916 - 2 1/2 Street in F�idley, Minnesota, v�rill facilitate saE�, clean, affardabl� housing far the coaperat�,ve members that would otherwise not be available absent the homestead dQsignatian for those properties; and BE iT FURTHER R�SOLVED, that the City of Fridley finds that ACCAP has pres�nted in£ormation sati.sfactory ta the City oi Fridley shawing that the savings obtained from the homestead tax designatzon af these properties will be used to reduce the tenanCS' rents ar provide a level of furnishing or main�enance not possible absent the desigz�ation of hamestead; and . 8E iT FURTHER RESOLVED, that the City of Frzdley �inds that ACCAP has submitted dacuments shawzng that the coaperative association will have a�.ease £ar occupancy of the prop�rty for a term o£ at least 2d years which allaws the association to participate rnat�erially in the management af the propErty, and that a ma.nim�m�of 40� of the caQperative assaciation mernbers wiZl have income� ot 60$ of the area medzan grass income, and that ACCAP wi].1 be ob�aining financing for this praject from the Minnesota Housing �'inance Agency. PASS�D AND ADppTED gy THE CIT� COUNCIL OF THE CYTY OF �RIDLEY THi$ 3]AY OF NOVEMBER, 2994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK WILLIAM J'. NE� - MAyOR : � r _ � i Community Development Department PLarnv�NG DrviSION City of Fridley DATE: November 17, 1994 TO: William Burns, City Manager ��' FROM: SUBJECT: Barbara Dacy, Community Development Director Contract for Executive Director for Clean-Up Week 1995 The organizational structure for Clean-Up Week 1995 will consist of three elements: 1. A nine member citizen advisory committee consisting of neighborhood block captains/participants, representation from the Parks & Recreation Commission and Environmental Quality and Energy Commission, and representatives from various community groups and organizations. 2. An Executive Director to organize and implement Clean-Up Week activities as directed by the City Council and committee. 3. A technical committee consisting of City staff, other providers, and staff from County or State agencies. The Mission Statement and an organizational chart is attached. Lonni McCauley from Events of Distinction is recommended to be hired as the Executive Director. Ms. McCauley has i� years experience managing North Metro Chambers of Commerce and 25 years experience of producing events and projects for civic organizations. In fact, she assisted the City of Fridley last year in the Fridley 49'er Day events. Ms. McCauley has presented a proposal for Clean-Up Week 1995 (see attached). Ms. McCauley's proposal outlines in detail how her services will be used to organize, coordinate, and implement the event. The cost of Ms. McCauley's services is $16,800. In addition to this cost, postage, materials, expenses, and mileage would be added, but not to exceed $750. Upon execution of the contract, the City of Fridley is asked to pay $500. Executive Director for Clean-Up Week 1995 November 17, 1994 Page 2 Ms. McCauley has suggested that there be good communication between the City Council and the advisory committee. The City Manager and I recommend that the City Council appoint a Councilmember to act as a liaison to the advisory committee and to attend the meetings as necessary. A variety of community organizations have been contacted to appoint a representative to the committee. The City Council will consider su5gested representatives for appointment to the committee at one of the two meetings in December. Ms. McCauley is well-qualified to act as the Executive Director. Ms. McCauley was also highly recommended by the Chamber of Commerce. Staff recommends the City Council approve the attached contract with Events of Distinction as presented. Staff also recommends that the City Council appoint a Councilmember to act as a liaison to the advisory committee. BD/dw M-94-698 . � CLEAN UP WEEK MISSION STATEMENT ♦ To conduct a City-wide clean-up week ♦ To provide curbside collection of materials ♦ To conduct a "paintathon" ♦ To collect as many non-hazardous materials as possible ♦ To foster good community spirit ♦ To coordinate with the League of Minnesota Cities "Clean Up" week ' ♦ To enable the elderly and disabled to participate to the fullest e�ent possible . ♦ To include multiple family as well as single family residential properties ♦ To include commercial and industrial properties m � E a a x v a a z 0 H F a N N z � c� a O x w W 3 a a � z a w a U � � T � a Fi U z a 0 U �. H H U a 0 � � H c zW a s w A H H z � O U 0 U a�3 N O > H H u w x w � W w ro � � � ,� � u c O -.i N N +1 � O U � . �G 3+ O W •.i R tll W W .,.� 'C7 � C <d O N W U � W �r O E-� +� � -r1 E -� O 1� N H .—� •.� �C U � �0 1� N 3-1 � f0 •.i C1 O O� !N-i c�d � �UCO+O f.� +� p: i0 O U O G +� W u� v v Q. >. o > s�+ c ro c�°i -��+ s� a °' �°+ v, x � °' o � �-+x��o W � C � .-�1 O ,[ U N W LL o0 U U cA H � E G 1 1 t t l 1 H •.-1 U 7. r-1 r� N M i-i rl � z � � � x '�° U� OOd a� u ov �° +� « a w a �W U H �• w U� E�+ zz H � FE aa� aa uw wc a � � 94 E az ow 3� E U� aa ao a a O E c� � zz H H � ao ua �o UO WU a c� m a � � � W � � a� � � v z a; > s°� a Events of Dls�inctlon <,7ut :�,�x•<�� s�. vtt n�innc�a4��1s. �� :�.�-1;�:� 7:��-;�f)7:i ovember 16, 1994 Ms. Barbara Dacy Community Development Director City of Fridley 6431 University Ave. NE Fridley, Mn 55432 Dear Barbara: Thank you for the opportunity to respond to your request for an Executive Di.rector �for your Clean Up Week 1995. I would be very happy to have the opportunity to support this program to help enhance the image of Fridley. Enclosed is my proposal which outlines my initial understanding of the services you request for the City. Please consider this first ,p roposal as a working document which can be altered as needed. You kaill receive a formal presentation when we have had a chance to discuss it. For my work I propose a fee of $30 per hour for an estimated total of 560 hours of work December through September 1995 which could total $16,800. I would also propose reimbursement for mileage at $. 29 pez mile plus postage, materials and expenses all of which should not exceed $750. The City of Fridley would be asked to pay me $500 upon signature of a formal contract. This amount would be deducted from the monthly charges of costs plus hourly fee to be paid on the 15th of each month from the start through the end of the contract. No tax deductions need be made from comp�nsation since I am functioning as an independent contractor and will be responsible for sate and federal income taxes plus self-employment tax liability. Also, I will not participate in any benefits extended by the City of Fridley except liability insurance coverage within the parameters of its coverage as set forth in the policy. . � c page 2 Neither party shall incur liability to the other for delay in performance or for failure to perform under this agreement if due cause is beyond its control including, but not limited to, acts of God, fire, disability or illness. Events of Distinction shall not incur any liability, financial or otherwise, based on services performed as stated in the Proposal. If this letter and the proposal meet with your approval, please sign one copy of this letter and return it to me with a check. I look forward to working with you, the City of Fridley and the Clean Up Week organization. Best regards, a�� i�� Lonni McCaul.ey President Accepted: (Organization) By (Name) Date of Acceptance: � 9E � Events of Distinctlon 970] Avocet St. NW Nlinneapolis, NIN 5��{33 754-3975 _ PRUPOS�.L FOR THE CiTY oF FRiDLEY CL�:A1�T UP �E�� 199� FROM EREl�1'I'S OF DIS�'I1�TC�'IO1�T 1�T0 � ER 16, 199� " 9F BACKGROUND It is my understanding that there is an interest in supplementing the volunteer efforts of Clean Up Week 1995 with the services of an independent contractor serving as Executive Director. GOAL Events of Distinction's goal is to assist in planning, management, coordination and production of the Fridley Clean Up Week in collaboration with the Fridley City Council, technical staff, advisory committee, state and regional agencies, volunteers, and service providers to provide a very successful face lift to the City of Fridley during the third week of September, 1995. OBJECTIVES This proposal is intended to assure you that Events of Distinction can serve your needs by providing the coordination needed to: A. act as staff liaison to the citizens' advisory committee B. prepare a Plan of Action in coordination with the advisory committee C. coordinate the technical staff committee consisting of city staff personnel, other state or regional agencies and service providers such as haulers and conduct needed meetings D. delegate responsibilities to accomplish agreed upon tasks and recruit volunteers for programs as necessary E. work with the Public Information Specialist to write and produce public relations materials F. prepare a budget for the project in coordination with city staff and the advisory committee G. report progress on a regular basis to the Community Development Director and the City Council 9G page 2 METHODS A. Act as staff Iisison to the citiaens' advisory committee .� Determine date, time and place of all committee meetings and secure the meeting place if necessary . Assist the committee chair in setting the agenda for each meeting . Attend all meetings of the advisory commi.ttee (nine to 18) including preparing agendas, memos, and meeting minutes, and sending this information to the members plus a confirming phone call . Hold an initial meeting/brainstorming session to determine the elements of this project . The advisory committee ideally would include a�member of the City Council . Assist in establishing a time line for the elements of the project S. Initiate a Plan of Action for the organization . Prepare a written Plan of Action for the organization that can be used as a blueprint for C1ean Up Week. Included would be events and their overall goal, volunteer chairs/members, volunteer job descriptions, and event activity time lines. C. Coordinate the activities of the technical staff committee, consisting of state and regional agencies aad service providers . Set up a regular date, time and place for technical staff committee meetings. . Determine the state and regional agencies and service providers (haulers) necessary to complete the tasks indicated and meet individually as needed, apart from the technical staif ineetings, to collaborate on any challenges discovered. D. Delegate responsibilities to accomplish agreed upon tasks and recruit volunteers for programs . Delegation of tasks will be determined as a part of the Plan of Action 9H page 3 . Recruitment of volunteers could include promotion through newspapers, cable TV, churches, water bills and other mediums. L. Work with the Public Information 3pecialist to ivrite and produce public relations �naterials . Determine with the Specialist the various mediums needed (press releases, brochures, cable TV appearances, posters, flyers and more), when they are to be produced and how they will be used. F. Prepare and monitor the budget and its allocatioas . Assist in preparation of the Clean Up Week budget . Monitor the budget and its allocations and report monthly expenditures to the appropriate people . Alert the City Council and advisory committee if a budgetary variance is proposed G. Report progress on a regular basis to the Community Development Director and the City Council . Communicate weekly progress with the Community Development Director and attend monthly meetings of the City Council. Alternately, a monthly update can be written for the Council packets. COSTS Events of Distinction proposes a fee of $30 per hour for the scope of this event. To the best of my knowledge, the estimated hours and costs would be: December through June - 30 weeks x ten hours per week x$30 per hour =$9,000 July through September - 13 weeks x 20 hours per week x$30 per hour =$7,800 TOTAL PROPOSED COST =$16,800 To this cost we would propose the addition of postage, materials, expenses, and mileage at $.29 cents per mi.ls. It is estimated that these costs would not exceed $750. The City of Fridley would receive a detailed itemization of hours spent and expenses on a monthly basis. 91 page 4 COSTS cont. If the hours expended on the project are beyond the esti.mated 560, the City of FridZey and Events of Distinction will negotiate an additional fee to cover these hours. EVENTS OF DISTINCTION by Lonni McCauley - a PROFILE . PrincipaY, Lonni McCauley, has 15 years experience managing north metro chamber� of commerce and 25 years of producing events and projects for civic organizations. Please see the enclosed brochure for a listing of special event experience. . Additional public/private partnership civic experience includes: - Founded and directed Mediation Services for Anoka County - Initiated the North Metro Tourism & Convention Bureau- - Accomplished an "All America City" Award for Brooklyn Center - Founded the directed the North Hennepin Leadership Academy - Initiated the Brooklyn Center Brookview housing project Events of Distinction by Lonni McCauley 9701 Avocet St.NW, Coon Rapids 754-3975 9J ?�?0�"?8 G � V .A. � o �� < � � � � e� CJ,�1 � .A w w V � � � �� O � bn o � n� o � � � �9� =�P'k � � � v � . �-s =s � � c � 0 :n co .n � 'I. ��.5��'go C � A p�j Fp' � t'CO p A� o� � c a� �`' �.z `� ��-�'b c,° � ° � � � ° � �� ° � � � � � � � � � � � R i�. Q. � , � � R 9��7 � A � � � � C �� a�� o^ 1s � � =. :� a� o�a� .°�s�g�=r�� e� r, c �� °,� a a� v' � .'��. �� '9 �' � g-.`��a �a�� °�a� �� x� � ' �. � �� R � � � < b � 0� � C � � e'rD O � G a � � '� � z' �� 7. � c�o c� � L 6 c�°'o ° a:n � 3�� S �� r, e� c^� a� � m �� o, a� co o--� �'. �° ? G �.�., C9 � C f3'r �� O �� O p�ij �� 1�0 � 7 ^D � y � � � � � � � � O � C � � � � � U fD C. ES 7� � ��S�G. 'i�.LO � � � � :7�= a �D OR G� � (D ��p �� g �, wo 3 xC°/��'ep� a.-�� ,9 � <'0 A � < ;C � f9 A � � G � c�/ � ��'a � � n`3 �°'� �'m �`�° � m � � �a��,�'� ��,�� a �� `��r�� a� � a. °D c � c'� av o. c�e o� ci � � �� 3 � �3�z o eo a� �? ? co c� � o � a ? cC f� � � �' c ce •, v; c �t 3 � � I � � � � �, x� ° �� a�:�'e 9 c.� � �oa��'��c�� v a� � <'a�� o ��°—m Q e �� a� � a,� x� �� o�°, � s' ��• c' � c� y -� �» ` o �' a� �t�a �,� �� S=��a C 7�� :� G`o'p� '� ��,mco r. oc� n,�,�, �,� � o �-„o c� �- � � o �o � S va.�'� �"r �� ni c o -, oy �c'�_ � 75 � 07"?8 � �•-+ � c�n W � CTt ■■�■■■■■ �c�o �gc�� 5'�2� ��ow�� .��`� h y � �� r� � � �� b (y w �� c� � C� t� �� . C'D •� n, � �• � � � � �� A o... � o �� ro � O -s � C7 � � � � O � � � x � e N ■■■ a'g � ��o �� <� �� c' ti 0 � � � aC �� .� �� 3:�� ,��. ��s lV ` � O � � � O cfl r* �e � ,�,�, � o � �• c fn' a- � � � � a' � � a5 co � t�rs � � � �� o � � �� • � � �� O O � � O �� C �� t�"—t ■ ■■ ■ ■■■�°,� �sdbo ��<�o � 3�w��'�-��'a��o� �' � � � a� � �D � � � d 5• � c°n� ��`�a�oo��'� �� ad�� o �� °��a c � c� � w c� f° "' ='� ca v � � � �c� � �� c�D A� ��ti~��5�� - `�°�`��.��.og5' �r• � n, c� t° � �c.� �e�'w � � G � g � o ^ g, � � � � `� c B, � � aro '� � c9 � .... �` O � � � c° n �. �� r.'�' ti �� O O y cxD ��'�i �� ... O �� b ro� � n � < x �. � °: A C c�o � � � �� o a�.o �� .��. a. ��ox o�'c�cn �`"� n a� o�„ _e 5' o �°oz°��°�°� c��°�v�•� fD �+ � v � � � Fn' 0 � c � � �- n � n � � z 0 O � ,... � �<�� • ° �'b '� � � � �- �, r" � � n �� a � � O� �i+ �. 75i0728 u-16-94 WED 11:45 DSM EVENTS OF DIST 9701 Avocc-C St. NW A9irincapolis, 1��N 55433 7:�4-397� Defu I� riencl: Here is a list of rece�►t �rojecl.s I've workeci oii: Special �ventis City of 1�'riclley: �s7e�2s ��/..� � �/'� r � %� � V �� auuual clvlc festiv�l coorciiva�ion Citp of L;rooklyii I'a.rk: LPGA. ticket sales eoordivatioii City of Broaklyii I'a.rk: "Come IIouie to tlie PFUk" speeial eveiit � Cit:ies of Broolilyn P�rk, Brooklyu Ceuter, Ciyst�l, RobUinsdale, Ne�v Ilo��e: Northwest SuburUfui Reuioeiellng Tair consultation A�.iolsa Area ChtuuUer of Cosunterce: fuuival meet-iug speaker Org� ' onall�Zan�ement �oka-IIeruiepi�i Teclu�ict.�l Cullege roundatlou: �seeut-ive Director St. l�nthouy Park Busluess & Professioual Assu. strategie plaiu�iug and orgas�izt�llonal developuieut West L'nd Business & Professlonal Assu: Uusiuess siuvey, str'Atiegic p�a�ut„� aud orgfu�ixatloiial developuient St. Croix Valley Uuii�ecl WaY. st�at,e61� Pla��ui�� eouference I+'ridley CliaiuUer of Couuneree: orgfui3zai:iou by-law revision Couuuiuiity IZesource P�rL�lersLip uiarkeLing P.04 - business reteni-ion progr� Ntediat:iou Services for �lolia Cowii.Y - cerllIIed dispute resolutloii uiecliutor if I cfui help you anci yo�.u' or�as�.tr�o11, please erill vie at 75�-3975 Lo let �ue know. 9M SCOPE OF SERVICE EXECUTIVE DIRECTOR CLEAN UP WEEK 1995! POSITION OBJECTIVE: To organize, coordinate, and implement a multi program community clean up evertt the third week in September, 1995 REPORTS TO: Community Development Director ESSENTIAL JOB FUNCTIONS: 1. Acts as staff liason to a nine member citizens advisory committee completing the following tasks: a. attends advisory committee meetings, at least nine to eighteen meetings are anticipated. b. prepares agendas, and written memos, confirms meeting attendance, notifies affected individuals of ineetings. 2. Acts as coordinator of technical staff committee consisting of city staff personnel, other state or regional agencies, and service providers such as haulers. 3. Conducts technical staff committee meetings as necessary to accomplish programming. 4. Works with advisory committee, technical staff committee, and City Council to identify programs for Clean Up Week including but not limited to: a. curbside pickup of materials at all single family, multiple family, commercial and industrial properties; b. paint-a-thon of single family homes. c. coordination of other programs to be conducted during the week as identified by the committee and City Council. 5. Delegates responsibilities to accomplish agreed upon tasks. 6. Recruits volunteers for programs as necessary. 7. Works with the Ci.ty's Public Information Specialist to write and produce all public relation materials including press releases, brochures, mailings, or other materials as determined appropriate. 8. Reports on a regular basis to Community Development Director and the City Council. 9N 9. Establish and maintain event budget according to Committee and Council direction. MINIMUM QUALIFICATIONS: 1. At least one year experience acting as a coordinator or executive director of a non profit or volunteer organization. 2. Experience in organizing at least two large community "events" where an advisory committee existed to provide overall policy direction. 3. Experience in recruiting a significant number of volunteers for at least two large community events. 4. Experience in developing and producing public relations materials advertising large community events. 5. Experience in public speaking and presentations to the public. COMPENSATION: 1. Compensation is to be paid based upon negotiated contract between the City and the Executive Director. 2. The position is not eligible for any salary or other benefits. CONTRACT TIMEFRAME: 1. Approximately 10 to 2o hours per week is anticipated immediately until two to three months before the week of the event. Additional work hours will be necessary to accomplish the required tasks. 2. The Executive Director would remain on contract until all aspects of the programming are completely resolved, but not to exceed four weeks after the event, and as authorized by the Community Development Director. . � Eng�nerrin9 Sewer Wt+ter Parks Sfrecfs Mainten�nce TO: William W. Burns, City Manager PW94-368 FROM: ohn G. Flora�Public Works Director C(%/�Clyde V. Moravetz, CATV Administrator DATE: November 21, 1994 SUBJECT: Proposed 1995 Agreement Befinreen the City of Fridley and the Fridley Communication Workshop (ETC) The City Council has authorized $38,000 of the CAT1/ Franchise Fee be given to the Local Public Access Corporation for the year 1995. $36,548 was appropriated in 1994. The ETC Board requested $42,450 at the CAN Commission meeting on October 26, 1994. After lengthy discussions, the Commission recommended $39,000 be granted to the Workshop in 1995. The attached proposed agreement executed by the ETC-Fridley Communications Workshop incorporates the amount recommended by the Commission ($39,000). Other than the dollar amount and dates, the proposed agreement is worded the same as the 1994 agreement presently in force. The Workshop financial forecast for 1995 is attached for informational purposes. As in the past, the City would pay, upon receipt of the quarterfy franchise fee payments, four (4) equal payments to the ETC from the quarterly fee payments received for the budget year of 1995. Request City Council authorize and execute the attached agreement. CVM/JGF:cz Attachments 10 � r !',. •.'�� Tr��; ;�ar•r_;�rr�Fr�t. rn� �r�q i;r�tFrFrJ �n1p ih� =: ?th ��.� nf hJrn: FmC�Ff' ,1 `a`a4, �•. :7nd Gstw�n the i;�t�; �f Fr�dlev, � M�nnesots mumczpal corp�ration, in the +a�ur�tv �f Rnoic.�, �tate of M�nnesota, here�nafter referred to as "the C�ty" and ETC Fridley Commumcations '�V�rkshop. Incurporated. a non-protit corporat�on in the C:ounty of Anoka. State of M�nnesots, witnesseth. h nr �nd in rn�su�er�tinn c�f th? pr�m�se5, r.�venants, ?erms and pra�isinns herean cont3�ned, thF ��rti�� hereta mutually agr� � fuliow�: I F�riad �f tlure.ement. Thi� agreement ior a 1� manth per�od, shall be eif�ctive Januarv 1, i U`a5 tnrough December 31, 1�95, unless otherw�se terminat� by eithe� party with 9G days written notice. Upon term�nat�on or the aareement. all ur�commttted amount shaii be determined and a�reed upon bv the Citv Manaqer and ETC Fridlev Communications Workshop, Inc. � Responsihiliti?s t�f ETC Fridley C:�mmunications YJork.shop, Inc ETG agre� to prrn�de, on bef�aif af the C1tv, ��rvi��:, to Fridlev r�:idents as fottaw;,: a. Tn aj�_,c�ate members M the puhlic to the potential u� of vide� c.�mmunications in the ��mmur�it•:, b. To prov�de tra�mng and techmcal ass�stance tnat w�ll promote cit�zen use of ava�labie cabl�sting t�c�l�t�es as a nar�—Gammerciai means at commurncct�ans. c. To serve as a resource center for information, materials and equipment relatinq to the �ase ar video �s a commumcation medium. d Tn �rve as � re.ceiving, hc►iding and disbursinp entity far m�nies intended t� �romote n��r�-��mmarcial citizens u� of the channet. a. Tn provir� �Z the r?�uest Of the Ciiy, aSSiStanCe t0 City St�ff in the pr�gramming pf it� govarnment access channel , at no add�tianal ca�t. 3. ETC Fr�dlev Communir,atia�s Warkshop, Inc. further agrees to keep and ma�r�tair� a qualif�ed staff of personnel , both paid and �rolunteer, necessarv to perform the �rvices herein set forth. � F�r the period �f this agreement the CitY will grant to ETC Fridley Communications 'Nurkshop, Inc. the ammaunt of $39,040.00 from the cable franchi� fr� from the current r�able ��mpany to the City. Ouarterly amount �hall be payabie upon receipt by the Ctty of #he q�iarterly franch�se fee payment from the cable campeny. �. ETC Frtdlev �;;�r��munications Workshap, lnc. shail keep accurate a�nd complete records or financial transactions and shall provide to the Gity, on a quarterly basis April 1, 1995, July i, 1��9�. October 1, 1995, �nd February, 1996, a complete written financial report of its �Perations during the periad of this �reement. Said re�cards shall include an ac.c�unting system maintalnQd in a gensrally acceptad mann�, including, it �ppllr;�ble, the f111ng ��f praper #a�� r-�t,ai°r-,� t�7 tt�� Fe�►r-�1 and �tbt� �;overr�m�nt;, 3uch � Gr'�vr-[�il t�z reiurn$ ��i �raarat� inr.�mt� t�x r�etut�ns. �� r�r� shall be �vailable ftu� �nsp�tton by the Cit�,� Mana�r, members of the �:�unc�l, and Cable t;omm�ss�on Members �ur�nr� .r��alar busin�s-� hau.rs, 10A �. ETC shal l provide to the City a written report of �ts ope�ational act�vtties, �ncluding whatever data will asslst the City in evaluating the effectiver�ess of ETC in the provision of the services herein set forth. S�id report will be provided to the City within sixtv days after completion of this agreement. ETC will also pravide interfim progress reports of its operationai �ctivities April t, Julv i, Uctober 1, and Februar�v i. '. EiC shall indemnlfy, sr�ve and hvld h3rmle� the Citv and all of its officers, agents 3nd ?mploye� fr��m any and alt claims tor lo�s,lnjurles, dambges an011abi11ties to per�nS ar property oa�sioned ��vh�ol l•,� ar m part by the acts � amiss�4ns of ET�, Its �nts, officers, employees, membe�s, guests, patrons o� any persnn nr persons assoc�ated w�th ETC for any ��Jt`[►U�v. �. Insurance. ETC Fridley Commumcations Workshop will provide proof of liability insurance, naminq the City � an adctitic�nal insured in an amount and%rm as apprrne.d by the Cirr Manager y. ETr �ha11 provide the City documentation that has obtained non-pr�fit tax-exempt status from the Federal Internal Revenue Service and the State vf Minnesota Department of Revenue. 10. i t is understoad and agr�d that no aiter�tiar� or var�ation of the terms af this aareement �hall be valid unless made in writi�q and siqned by the parties hereto. 11 i n the event of a br�ch by ETC af the terms or cx�nditlans af the Agr�emen#, the Citv shal i have, in addition to any other legal recourse, the right to terminate this Agreement. I n wttness whereof, the part�es have caus� the Agreement to be execut�f by the�r proper officers, thereunto duly authorized. WitnFs.3, �J� / � �t'_�. . f , /' �ii � W111iam W. Bur�ns, C1ty Manager Wilitam J. Nee, Ma��or � Joe Kerner ETC Cha�rperson � r� ii � --�� _ , 1�1 'l.w / � ETC 33 FRlDlEY COMI"IUNItATiONS WORKSMOP FINANCIAL F4RECAST FOR 1995 PRf�1ECTEa INCUME ��ITY �F FRIDLEY DUE� 1dORF:SHOF'S C f�� J1 �tdOk:H R,�MSEY INTERE.r1' T�iiA� FkV�1ECTED INC;VME PR�.JECTED EXPENSE� 1='E��;UNNEI EXF'fN�;E�� SRLARIES . INSURANCE EDUCATlON PRCYRAM fMP�UrEE BE�JEFiT� TGTAL PRGJE��TED PERSONt�IEL EXPENSES �Ep,A�ING EXPENSE� TELEPHONE OFFICE SUPPLIES RRlPJTING �ciSTA�E TOTAL PRG1Ei,TED OPERATING EXPENSES PF!ODUCTIGN EXFEIVSf J E(�11lPMENT 11PGRAGES PRODUCTION SUPPLIES T�TAL PP.QJECTED PR�JpUCT14N EXPENSES TGTAL PROJE�TED EXPENSE°� 10C 39.040.4r� 1. lOU.G� 1.()f1�J �Jt! 1.3G�,�.��0 850.a% 3?,r,r��,.r�n 3.GGO.OG 200.UQ t .OUc7.GV 36.20G.OG 1.200 A4 i �00.00 1,500.00 1.3GO.uu 5.20�.4a �.00i.aa asa.00 1,854,OC� �a3.�5i.�.cici 543.250.OG Parks SIrE;t�tS Mainlendncc TO: William W. Burns, City Manager �� PW94-378 � FROM: John G. Flora,rPublic Works Director � Jack Kirk, Park & Recreation Director � DATE: November 21, 1994 SUBJECT: Commons Park Shelter Project No. 267 - Change Order No. 2 At the direction of Jack Kirk, we are requesting that two fluorescent lights be added over the sinks in the two respective restrooms at a total cost of $200. There are adequate funds budgeted for this project to cover this additional expense. Recommend that City Council approve Change Order No. 2 of the Commons park Shelter Project No. 267 in the amount of $200. JT/JGF:cz Attachment 11 � '�► •- �:-. � � CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 November 21, 1994 Karlen Construction 901 125th Ave NE Blaine MN 55434 SUBJECT: Change Order No. 2, Commons Park Shelter, Project No. 267 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Commons Park Shelter Project No. 267 by adding the following work: Addition: Item Quantitv Price Amount 1. Fluorescent lights over restroom sinks 2 Each $100.00 $200.00 TOTAL ADDITIONS . . . . . . . . . . . . . . $200.00 TOTAL CHANGE ORDERS: Original Cont�act Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . $103,919.00 Contract Additions - Change Order No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1, 319.00 No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200.00 REVISED CONTRACT AMOUNT $105.438.00 11A Karlen Construction Change Orde� No. 2 November 21, 1994 Page 2 Submitted and approved by John G. Flora, Public Works Director, on the 21 st day of November, 1994. � lj — � "—=_ __- �n G. Flora, P. E. Director of Public Works Approved and accepted this day of , 1994 by iCrAR�EN/CONSTRUCTION � ., �.'...�,r ' ' i I , / - ; _ f _.._.-�- n arlen, P sident - Approved and accepted this day of , 1994 by CITY OF FRIDLEY William J. Nee, Mayor William W. Bums, City Manager 11B � City of Fridley , Q Recreation & Natural Resource Department 6431 Universiry Avenue NE, Fridley, Minnesota 55432 Phone # 612-5'72-3570 Fax # 612-571-1287 November 16, 1994 TO FR: RE: ,, William W. Burnsy'` ,,, �`� City Manager Jack Kirk � Director RICE CREEK TOWNHOUSE PLAYGROUND DEVELOPMENT Attached is a resolution to authorize you, as City Manager, to accept the transfer of title of the park property adjacent to the Rice Creek Townhouses and to upgrade the area as one of our city neighborhood parks. The Resolution calls for the City to spend $35,000 towards improvements at this park in 1995. The basketball court upgrading and new playground equipment would be the major components of the park improvement project. The resolution also calls attention to other underserviced areas of the city and the need for us to upgrade playground equipment in many of our e�sting neighborhood parks. Plans to accomplish this would be included in our revised 5 Year Parks Capital Improvement Plan. Upon approval ofthis resolution, staffwill work with the Parks & Recreation Commission and Rice Creek Townhouse area residents to plan the park improvements with the goal of completing the initial phase by June 1, 1995. The 5 Year Parks Capital Improvement Plan revisions will be developed by staff and the Parks & Recreation Commission early in 1995. It is my recommendation that the mayor and city council pass the attached resolution authorizing the upgrading of the Rice Creek Townhouse area park and the revision of the 5 Year Parks Capital Improvement Plan to provide modern, safe, and handicap accessible equipment in all of our parks by the year 2000. JK: sj 12 JK94-130 RESOLUTION NO. - 1994 RESOLUTION AUTHORIZING ACCEPTANCE OF CERTAIN PARK PROPERTY DECLARED BY ANOKA COUNTY AND DEVELOPMENT OF SAID PROPERTY AS A � FRIDLEY NEIGH�ORHOOD PARK. WHEREAS, the City of Fridley provides neighborhood parks to meet the needs of its citizens, and WHEREAS, the City of Fridley has within its borders a number of areas that are unserved by neighborhood parks, and WHEREAS, the City of Fridley is committed to upgrading its parks in a manner that provides modern, safe and handicapped accessible playground equipment, and WHEREAS, there is a high concentration of young people living in the Rice Creek Townhouses and surrounding area without a neighborhood park within safe walking distance, and WHEREAS, there is public property available because the County of Anoka has declared certain property to be surplus on June 14, 1994, and WHEREAS, this surplus park property would provide a neighborhood park for this under-serviced section of the city, and WHEREAS, the Metropolitan Council has approved the transfer of this portion of the Regional Trail System park land to the City of Fridley; NOW, THEREFORE, BE IT RESOLVED that the City of Fridley will search actively for opportunities to create neighborhood playgrounds in all under-serviced areas of the city and will provide a written evaluation of these opportunities by July 1, 1995. BE IT FURT'��R RESOLVED that the City of Fridley will revise its five year capital improvements plan in a manner that provides modern, safe and handicapped accessible equipment in all of its parks by the year 2000. BE IT FLTRTHER RESOLVED that the City Council of the City of Fridley hereby accepts transfer of the foltowing described property from Anoka County: All that part of the south 687 feet of the east 3/4 of the Northeast Quarter of the Northeast Quarter of Section 13, Township 30, Range 24, Anoka County, Minnesota, described as follows: Beginning at the northwest corner of the above described property; thence South 88 degrees 44 minutes 52 seconds East along the north line of said property 543.00 feet; thence South O1 degrees 15 minutes 08 seconds West 110.00 feet; thence North 88 degrees 44 minutes 52 seconds West parallel with said north line 298.00 feet; thence North 74 degrees 55 minutes 24 secon�,�V�st 251.15 feet, more or less, to the west G �,1 line of said properiy; thence North 00 degrees 02 minutes 07 seconds West along said west line 50.00 feet to the point of beginning. BE IT FURTHER RESOLVED that the City Council does authorize the City Manager to accept transfer of title of the above described property for no consideration as set forth in Minn. Stat. 465.035, subject, however, to a reservation in the County of Anoka, pursuant to Minn Stat. 373.01, to explore for, mine and remove iron ore and other minerals deposits. BE IT FIJR'TI�R RESOLVED that the City Council is committed to providing neighborhood park facilities at the Rice Creek Townhouse site that are the equivalent of those neighborhood park facilities in other sections of the city, and BE IT FLTRTT�R RESOLVED that the City Council is committed to making this site an integral part of the park system, and BE IT FURTHER RESOLVED that staff is directed to work with the Parks and Recreation Commission to develop a plan to improve the site with input from residents of the area, and BE IT FURTI�R RESOL�IED that the City Council commits expenditure of $35,000 dollars for this park development and said funds shall be transferred from the city's Closed Bond Fund to the General Capital Improvement Fund. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF . 1994. ATTEST: WII.,LIAM A. CHAMPA., CITY CLERK WII.,LIAM J. NEE, MAYOR 12B JK94-107 � city of Frid�ey Q Recreation & Natural Resource Department 6431 University Avenue NE, Fridley, Minnesota 55432 Phone # 612-572-3570 Fax # 612-5? 1-128� November 16, 1994 _ ��y �, TO: William W. Burns City Manager FR: � Jack Kirk � Director SCHOOL DISTRICT MAINTENANCE AGREEMENT Attached is a Resolution which authorizes the City Manager to enter into agreements with School District # 14 for: Maintenance of recreation/athletic facilities that are cooperatively used by the City and Schooi, and 2. Reciprocal Defense and Indemnification giving direction as to the responsible party in the event of claims for damages. The Recreation and Natural Resource Department works very closely with School District #14 in providing facilities for the community. The elementary schools, in particular, serve as schooUpark sites for the immediate neighborhoods. Duane Knealing (Maintenance Supervisor for School District #14) and I have worked out the proposed Maintenance Agreement and Addendum outlining City and School responsibility for the shared facilities/equipment. We believe that it is in the best interest of both the City and School District to enter into this agreement and to continue to work closely together in the provision of these opportunities for our citizens. The Reciprocal Defense and Indemnification Agreement was drafted by Gregg Herrick, and he has recommended that we also enter into this agreement with the School District. The intent of this agreement is to simplify the defense of liability claims and permit liability claims to be defended by a single attorney. It is my recommendation that the City of Fridley enter into both of these ageements with School District #14. JK:sj 13 JK94-132 RESOLUTION NO. - 1994 RESOLUTION AUTHORIZING AN AGREEMENT WTTH SCHOOL DISTRICT #14 FOR SCHOOL/PLAYGROUND EQiTIPMENT MAINTENANCE VVHEREAS, the City of Fridley and School District #14 work closely together to provide schooVplayground and athletic facilities, and WHEREAS, the City of Fridley has donated money to the School District to help with the purchase of the school's playground equipment and also provided staff to assist with the installation of this equipment, and WHEREAS, the schools have provided land at each elementary school for the City to locate skatin .,,�/hockey rinks and warming house facilities, and equipment, and WHEREAS, the City and School District cooperatively use tennis courts, ball fields, parking areas, and other recreational facilities in the community, and VV��REAS, by continuing to work together the City and School District can avoid duplication of facilities and equipment and provide better overali service to the residents of the community; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley hereby authorizes the City Manager to enter into an agreement with School District #14 for the on-going repair and maintenance of recreationaVathletic facilities cooperatively used by the City and School District, and BE IT FLJRT�R RESOLVED that the City Council of the City of Fridley also authorizes the City Manager to enter into a Reciprocal Defense and an Indemnification Agreement with School Distri�t # 14 regarding cooperative use of recreationaUathletic facilities giving direction as to responsible paRies in the event of claims for damages arising out of this cooperative use. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TffiS DAY OF , 1994. WII.LIAM J. NEE, MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK 13A �4-133 Proposed School/Playground Equipment Maintenance Agreement The City of Fridley and School District #14 work closely together to provide schoollcommunity playground facilities at the Stevenson and Hayes Elementary School sites. The City donated money to the School District which the schools used for the purchase of the school's playground equipment. The City also provided staff to help with the installation of this equipment. The schools have provided land at each elementary school for the City to locate a skating/hockey rink and warming house facility. The playground equipment and skating facilities at the elementary school sites serve the students at each of these schools as well as the people from the surrounding neighborhood. Because of the benefit that the City enjoys from the playgrounds, the City has agreed to assist School District #14 in the maintenance and repair of the playground equipment. The playgound equipment referred to in this agreement is a children's play structure including such items as slides, climbing apparatus, swings and bridges. Other structures on the school site are not included in this maintenance agreement, however, additional athleticJrecreational facilities jointly used by the City and Schoot are addressed in the addendum to this agreement. The City of Fridley will provide for all operation and maintenance of the skating/hockey facility and warnung houses located on school property. In order to provide for the proper inspection and maintenance of the playground equipment at Hayes Elementary School and Stevenson Elementary School the following shall guide the responsibilities of the City of Fridley and School District #14. The School District shall... 1. regularly inspect the equipment and provide notification to the City Superintendent of Public Works whenever repairs are needed on the equipment. 2. provide for materials needed for repairs of the existing equipment. 3. determine upgrades, replacements, and/or expansion of existing playground equipment structures and purchase equipment as is deemed necessary. � 4. provide for liability insurance of the playground equipment and provide a Hold Harmless certificate to the City of Fridley for the maintenance of the equipment. The City of Fridley shall... 1. provide for the actual repairs of the playground equipment when notified by the School District Maintenance Supervisor. 2. notify the School District Maintenance Supervisor of parts needed to complete the playground equipment repairs. 3. provide security fencing and proper signage on play equipment structures during geriods of repair work. 4. keep records of all maintenance and repair work on each playground structure. By continuing to work together in providing the schooUcommunity playground sites, the City of Fridley wiil help to assure that the neighborhood immediately adjacent to the elementary schools have opportunities for use of the playground equipment. �K:s� �xsam 13B ADDENDUM To City of Fridley/School District #14 Playground Equipment Maintenance Agreement Listed below are additional athletic/recreational facilities that are cooperatively used by the City and School District. Responsibilities for repair and maintenance at each facility are outlined for the City and School District. 1. Middle School Tennis Courts These are School District courts and the School District will take care of the courts and provide the maintenance. The lights, however, were put in by the City of Fridley and the Ciry will take care of all operation and maintenance of the tennis court lights. 2. Little League Parking Lot The Little League Fieids parking lot was put in by the City of Fridley and the Ciry will take care of all maintenance including seal coating, repair, and striping of this lot. The School District does use a portion of the parking lot for employee parking during the school year, and the school takes care of plowing its own portion of this lot that is needed for parking during the winter months. 3. Irrieation Svstem bv Field #5 The City of Fridley has tied into the School District irrigation system near the City well house adjacent to ball field #5. The City maintains their own portion of this irrigation system and the School District maintains its own portion of the irrigation system. 4. SoftbalUBaseball Field #4 This field is adjacent to the Little League field and is referred to as Field #4. The backstop was put in by the school and is maintained by the school. T'he fencing down each of the foul lines was put in by the City and is the City's responsibility. There is an electrical oudet behind the pitchers rubber and all of the wiring and the electrical system is the responsibility of the City. The City takes care of all ball field maintenance as it pertains to the Little League or FYSA program whenever they wouid utilize that field. 5. Middlc School Baseball Fieid, Hith Schcx►1 Baseball Field & High School #2 Baseball Field The backstops are all School property and the School will provide maintenance on those. The School District also takes care of mowing these fields. The City of Fridley has responsibility for maintaining and preparing the �eld area, and providing game preparation whenever the Fridley Youth Sports Association teams make use of the field 6. Battin� CaQe 6v High School Baseball Field This was a joint project between the City and the School District. Repairs and maintenance are the responsibility of both parties. 7. Ball Ficlds at Haves and Stevenson Elementarv Schools The School District has responsibility for ag liming the infield area and taking care of the backstops. The City will drag and prepare these fields whenever they are used for the Youth Athletic Program. 8. Sand Dunes Park This is a City of Fridley park facility across West Moore Lake Drive from the Fridley Senior High School and Middle School. The School District dces remove some sections of fencing each winter to accommodate snow plowing and replaces those sections each spring. 9. Hockev Rinks & Skatin� Rinks/Facilities at Haves & Stevenson Elementarv Schools These are located on School property, but are totally operated and maintained by the City of Fridley. The School District has no responsibility for the skating facilities. 10. Middle School Football Field Bleachers These are located on the property line with part of the bleachers lying on both City and School property. These bleachers are totally the responsibility of the School District. JK94-37 13C ROBERT A. GUZY BERVARD E. STEFFEN RICHARD A. MERRILL DARRELL A. JENSEN JEFFREY S. )OHNSON ' RUSSELL H. CROWDER � ]ON P. ERICKSON LAWRE�ICH R. JOHNSON DAVID A. COSSI THOMAS P. �tALONE MICHAEL F. HURLEY V[RGIL C. HERRICK HERMAN L. TpLLE Barna, Guzy & Steffen, Ltd. A'ITORNEYS AT LAW 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5489 (612) 780-8500 FAX (612) 780-1777 Writer's Direct Line: (612) 783-5123 October 31, 1994 Jack Kirk City of Fridley Fridley Municipal Center 643� University Avenue N.E. Fridley, MN 55432 PAMELA M. HARRIS CHARLES M. SEYKORA WILLIAM M. HANSEN DANIEL D. GANTER, JR. BEVERLY K. DODGE CRAIG M. AYERS GREGG V. HERRICK JAMES D. HOEFf JoAN u. Qu.�we SCO"[T M. LEPAK STEVEN L. MACKEY ELIZABETH A. SCHADQ�IG WILLIAM F. HUEFNER ROBERT C. HYNES 1935-1993 Re: Reciprocal Defense and Indemnification Agreement City of Fridley and Independent School District No. 14 Dear Jack: Enclosed please find the Reciprocal Defense and Indemnification Agreement as recommended by the League of Minnesota Cities. Please note that paragraph 2 of the wherefore clause provides that the City and the School District shall be named as additional insured parties on each other's policy. I have checked with the League of Minnesota Cities and they have indicated to me that there will be no additional charge to the City in including the School District as a named party on the City's insurance policy. If you have any questions, please feel free to contact me. Sincer , I:� �V . Herrick �J vsl enclosure An Equal �p�r�jty Employcr �JV RECIPROCAL DEFENSE AND INDEMNIFICATION AGREEMENT THIS AGREEMENT is made between the eity of Fridley (the "City") and Independent School District No. 14 (the "School District") (jointly referred to as "the parties") on this day of , 1994. RECITALS: 1. Bot�i the City and the School District own certain properties upon which are situated certain recreational facilities and/or equipment. 2. The City, through its Parks and Recreation Department, and the School District operate certain recreational facilities on each other's property upon which they provide for certain maintenance of property and equipment. 3. The School District and the City share certain recreational facilities and equipment. 4. It is determined to be in the best interest of the citizens of the City and the School District to provide for the joint use of public facilities, as much as possible, so as to reduce the tax burden on the City and the School District and for the benefit of the citizens of the City and the School District. 5. The City and the School District have entered into an Athletic/Recreational Facilities and Equipment Maintenance Agreement, dated , 1994. 6. It is the desire of the parties hereto to enter into this agreement, giving direction as to the responsible party in the event of claims for damages. 13E i : NOW, THEREFORE, based on the foregoing, the City and the School District hereby agree to the following: 1. The "facilities" described in this agreement are the real property, including land and buildings. "Equipment" shall mean personal property of any kind or nature, including sporting equipment or play apparatus attached to the real estate as described in the Athletic/Recreational Facilities and Equipment Maintenance Agreement (the "Maintenance Agreement"), a copy of which is attached hereto. 2. When a party is using, operating or sponsoring the use of a facility for an event, that party agrees to indemnify and defend against any�claims brought, or actions filed against the other party or officers, employees or volunteers of the other party, for injury or death to any third person or persons, or damage to the property of third persons, arising out of the party's use of the facility. That the School District shall be named as an additional insured party on the liability policy of the City, and the City shall be named as an additional named insured party on the liability policy of the School District. 3. Regardless of which party is using, operating or sponsoring use of a facility, the party responsible for maintenance under the agreement hereby agrees to indemnify and defend against any claims brought, or actions filed against the other party or officers, employees or volunteers of the other party, for injury or death to any third person or persons, or damage to the property of third persons, arising out of the -2- 13F performance of the party's maintenance obligations. 4. If a claim is made or an action fiZed by reason of an individual's use of facilities or equipment at a time when neither party is using, operating or sponsoring the use of a Eacility or equipment, the party responsible for the maintenance of the facility or equipment hereby agrees to indemnify and defend against any claims brought, or actions filed against the other party or officers, employees or volunteers of the other party, for injury or death to any third person or persons, or damage to the property of third persons involved in the claim or action. 5. The inten� of the indemnification agreement is to impose a limited duty to defend and indemnify a party for claims arising from a party's use of facilities and equipment, or that party's maintenance of facilities and equipment, subject to the limits of the liability under Chapter 466 oP the Minnesota Statutes. The purpose of creating these reciprocal duties to defend and indemnify, is to simplify the defense of liability claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attarney. 6. Under no circumstances, howev�r, shall a party be required to pay, on behalf of itself and other parties, any amounts in excess of the limits on liability established in Chapter 466, Minnesota Statutes, applicable to only one party. -3- 13G The limits of liability for some or all parties may not be added together to determine the maximum amount of liability for any party. -4- 13H CITY OF FRIDLEY, MINNESOTA By: William J. Nee Its Mayor AND By: William W. Burns Its City Manager INDEPENDENT 5CHOOL DISTRICT NO. 14 By: Its STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) This instrument was acknowledged before me this day of , 1994, by William J. Nee, Mayor, in and for the City of Fridley, Minnesota, a political subdivision of the State of Minnesota, on beha].f of said City. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) This instrument was acknowledged before me this day of , 1994, by William W. Burns, City Manager, in and for the City of Fridley, Minnesota, a political subdivision of the State of Minnesota, on behalf of said City. Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA' ) This instrument was acknowledged before me this day of , 1994, by , its - , on beha2f of the Independent School District No. 14. THIS INSTRUMENT WAS DRAFTED BY: Barna, Guzy & Steffen, Ltd. (GVH) 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894 (612) 780-8500 corp�gvh�tridley\recp-def.agr -5- 131 Notary Public MEMORANDUM _ Municlpai Center _ 6431 University Avenue N.E. Fridley, MN 55432 � F�pL� j (s�2� s��-3450 TO: FROM: DATE: The Honorable Mayor and City Council William W. Bums, City Manager �� November 18, 1994 Office of the City Manager William W. Burns SUBJECT: 1995 City Council Meetings and Holiday Schedule Please note the attached 1995 calendar which indicates City Council meetings and holidays. With the exception of the months of March, September, October and December, Council meetings were scheduled for the second and fourth Mondays of the month. With the exception of the months of January and March, conference meetings were scheduled for the third Monday of the month. Only one Council meeting was scheduled during the month of December. Staff recommends that Council approve the attached resolution and the 1995 calendar of City Council meetings and holidays. Thank you for your consideration of this matter. VW1/B:rsc 14 � RESOLIITION NO. - 1994 RESOLOTION DESIGNATING TIME AND NUMBER OF COIINCIL MEETINGS WFiEREAS, Section 3.01 of the Charter of the City of Fridley requires that the City Council meet at a fixed time not less than once each month; and WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the Council shall meet at such times as may be prescribed by resolution; and WHEREAS, it-is the intent of the Council to comply with the open meeting provisions contained in Minnesota Statutes 471.705 as interpreted by the courts; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that: 1. The Council will hold regular meetings in the Council Chambers of the Fridley Municipal Center, commencing at 7:30 p.m. on the following•Mondays in 1995: January 9, January 23, February 13, February 27, March 6, March 20, April 10, April 24, May 8, May 22, June 12, June 26, July 10, July 24, August 14, August 28, September 11, Segtember 18, October 2, October 23, November 13, November 27 and December 11. 2. The Council will hold conference meetings at the Fridley Municipal Center, at which time matters are discussed by no formal action is taken, commencing at 7:30 p.m. on the following Mondays in 1995: January 30, March 27, April 17, May 15, July 17, August 21, October 16, and November 20. 3. On the dates of regular Council meetings, conference meetings will be held in the Fridley Municipal Center at 7:00 p.m. and following adjournment of each regular meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER, 1994. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 14A WILLIAM J. NEE - MAYOR _ � CINOF FRIDLEY January S M T W T F S 1� 3 4 5 6 7 8 Q9 10 11 12 13 14 15 ?d. 17 18 19 20 21 22 � 24 25 26 27 28 29 31 February S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 � 14 15 16 17 18 19 2Q 21 22 23 24 25 26 � 28 March S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 t8 19 21 22 23 24 25 26 2 28 29 30 31 April S M T W T F S 1 2 4 5 6 7 8 9 1 11 12 13 14 15 16 18 19 20 21 22 23 25 26 27 28 29 30 May S M T W T F S 1 2 3 4 5 6 7 9 10 tt 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 � 30 31 June S M T W T F S 1 2 3 4 5� 7 8 9 10 11 � 1 14 15 16 17 18 19 21 22 23 24 25 � 28 29 30 X - Holiday o - Council Meeting O - Conference Meeting 0 - Budget Work Session 1995 City of Fridley January 2 Monday aRer New Year's Day 9 Cuy C.wncil Mea� 16 Msrtin Lud�er IGng Ir. Day 73 ��y Ca+oeil Meet'v� 7o Conramoe Mean� February 13 �ry Couocil Meart� 2D Washing�ton-Linooln Day n c�q c� M«�� March 6 �ry Cauoeil Meet'vq 11 - la NLC CONCRESSiONAL Cf1Y CONF. (WASHING7'OM 20 �q Ca+rcii Mmio� 27 Confamca Meumt . April 10 �ry Camcil M«tieq 17 Cait'amoe Meao= ?A Cpy Ca�o�il Meain` May s c�uy c,�t �t«u� ts co�r� �,:ti 22 Cuy Cam,il Meetio� 29 Memorial Day � June 6 Bud�a Work Seesioo 12 �ty Cwocil Meet'vu l3 - I6 LMC ANNUAL CONFQtENCE (DULU'[H) 20 8udga Work Seesion 26 City Cauocil Meeiine n sm8a w� sa.;� July 4 Indepa�dence Day !0 �ry Cauoci( Maain` . 17 Confurn�e Meam` 24 Cuy Cwrcil M«tint August 14 City Camcil Meaio� zi c.�r«� � 28 Ciry Cam�il Meain� September a �r�r n$y � � c� c�u a�«� I7 - 20ICMA CONFERENCE (DENVFX) IS Cuy Cauoeil Meetin� October z c�ty ca,�,�a n,+aa;� 9 Columbus Day 16 Confaare Meain� 23 �ry Cwrcil Meain` November io v�9 n$y 13 Gty Cwn�,il Meain� ZO Confamoe Med'o� 23 Thanlcsgiving Day 24 Friday aRa Than/�vgiving r a�Y c�n M«,� 29 - DEC 2 NLC CONGRFSS OF CR1ES CONF. (PHOENl7q December i i a�. c�;i M�� 2S Christmas � ' : � � CIlYOF FRIDLEY July S M T W T F S t 2 �K 5 6 7 8 9 11 12 13 14 15 16 18 19 20 21 22 �.i �J � 2% � � 30 1 --_ August S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 1 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 September S M T W T F S i 2 3 X 5 6 7 8 9 10 1 12 13 14 15 16 17 1 19 20 21 22 23 24 25 26 27 28 29 30 S M T W T F S t 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 2t 22 24 25 26 27 28 29 30 31 November S M T W T F S 1 2 3 4 s s � a s 3�►» 12 14 15 16 17 18 19 21 22 �Q '�Q 25 26 28 29 30 December S M T W T F S T� 3 4 5 6 7 8 9 10 10 12 13 14 15 16 17 18 19 ZO 21 22 23 24 Z� 26 27 28 29 30 31 11/17/1994 r" � 16 � �' FOR CONCURRENCE BY THE CITY COUNCIL LICENSES CINOF FRIDLEY Nover�ber 21, 1994 Type Of License: By_ Approved By: Fees: CHRISTMAS TREE LOTS Snowy Ridge Farms Kendall Stone Richard Larson $200.00 24601 Helium St. N.W. Fire Inspector + Deposit$100.00 St. Franis, MN 55070 Lyndale Garden Center Mike Hachbarth " " " " " " 7616 University Ave.N.E. Fridley, MN 55432 Bork Tree Farms Inc. Todd Bork " " " " Rt.3, 8ox 2Q9 Hinckley, MN 55037 Menards John Menard " " " " 5351 Centrai Ave. N.E. Fridley, MN 55421 • � � FOR CONCURRENCE BY THE CITY COUNCIL Fi .F(_TR�CAL Erickson Plumbing Heating & Cool Inc 440 Pierce St Anoka MN 55303-1b04 Stacy Erickson Robhins�iale Electric Co 3754 W Broadway _ Robbinsdale MN 55422 C�,A� �ERV� Erickson Plumbing Htg Cooling Inc 440 Pierce St Anoka MN 55303-1604� Burt Wolslayer Stacy Erickson Kraemer Heating ' 7441 Dallas Ct Maple Grove MN 55311 Rick Kraemer ��,.r�a w� r�n�Tj�A_CTOR-COMMERCIAI� Lyndale Garden Center 6412 Lyndate Ave S Richfield, MN 55423 Dennis Chick Olson Concrete Co 5010 Hillsboro Ave N New Hope Mn 55428-4065 Rabeit Olson � ��sr C N - D W Alexander Constcuction (8462) 1335 Barclay St Paul MN 55106 David Alexander Beider Building (3533) 13531 Oakhill Rd N 5candia MN 55073 Jce Beitler Northstar Home Improvement Inc (5336) 6121 Excelsior Blvd #207 St Louis Pazk MN 55416 Jim Nash 1 ��1 L�CEN6E8 STATE OF MINN Same JOHN PALACI4 Chief Bldg Ofcl Same - JOHN PALACIO � Chief Bldg Ofcl Same STATE OF MINN Same . Same 0 Select Home Bldg 8c Remodeling (9325) 4I6 E Hennepin Ave Minneapolis MN 55414 Neil Newman Wright Roofing Inc (9200) 4735 Norwood Ln Plymouth MN 55442 �EATING City of Minneapolis (Water) 4300 Marshall St NE Fridley MN 55421 Erickson Plumbing Htg Cooling Inc 440 Pierce St Anoka MN 55303-1604 Kraemer Heating 7441 Dallas Ct Maple Grove MN 55311 Tom Anderson James Bromen Stacy Erickson Rick Kraemer PLUMBING Erickson Plumbing Heating & Cool Inc 440 Pierce St Anoka MN 55303-1604 Stacy Erickson Thielbar Plbg Co Inc 26499 Xingu St NE Stacy MN 55079 Scott Tluelbar �7B Same Same JOHN PALACIO Chief Bldg Ofcl Same Same STATE OF MINN Same � ESTIMATES CITY OF FR�LEY NOVEMBER 21, 1994 Karlen Corporation 901 125th Avenue N.E. Minneapolis, MN 55434 Commons�Park Shelter Project No. 2fi7 Estimate No. 4 Amount Approved 11 /07/94: $31,789 REVISED AMOUNT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,366.99 0 Schmidt Curb Company ' 21504 Ahistrom Avenue Rogers, MN 55374 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 262 FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,073.36 W.B. Miller, Inc. 6701 Norris Lake Rd N.W. Elk River, MN 55330 Street Reconstruction - Stinson Boulevard Project No. ST. 1993 - 7 FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,249.06 � ESTIMATES (CONTINUED) Bama, Guzy & Steffen, Ltd. 400 Northtown Financiai Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 Statement for �egal Services Rendered as City Attomey for the Month of October, 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,498.90 F. F. Jedlicki, Inc. 14203 West 62nd Street Eden Prairie, MN 55346 Clover Pond/52nd Avenue Floodway Diversion Project No. 222 Estimate No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,213.00 Karlen Construction 901 125th Avenue N.E. Blaine, MN 55434 Commons Park Shelter Project No. 267 Estimate No. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,441.53 :� CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N. E. Fridley, Minnesota 55432 November 21, 1994 Honorable Mayor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 262, for Schmidt Curb Company, 21504 Ahlstrom Avenue, Rogers, MN. We have viewed the work under contract for the construction of Miscellaneous Concrete Curb, Gutter and Sidewalk Project No.262 and find that the same is substantially complete in accordance with the contract documents. f recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on November 18, 1994. Respectfully submitted, ; / 'John G. Flora � Director of Public Works Prepared Checked :: November 21, 1994 City of Fridley MISCELLANEOUS CONCRETE CUR6, GUTTER & SIDEWALK PROJECT NO. 262 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actuaily furnished and done for fhe above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $36,863.00 and the final payment of $5,073.36 for the improvement project would cover in full, the contractor's cfaims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. SCHMlDT C COMPANY ,, . Thomas Schmidt, President � 8C / V November 21, 1994 City of Fridley M{SCELLANE�US CONCRETE CURB, GUTTER � SiDEWALK PROJECT NO. 262 PREVAILING WAGE VERIFICATION This is to certify that 3chmidt Curb Company has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. SCHMIDT CURB COMPANY , , . Thomas Schmidt, President :� . �� November 21, 1994 To: Public Works Director City of Fridley REPORT ON FINAL tNSPECTION FOR CITY OF FRIDLEY MISCELLANEOUS CONCRETE CURB. GUTTER 8� SIDEWALK PROJECT NO. 262 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being November 18�9,94. Jon Thb�s6'yi! Construction h�spector � /J1�2��1��,� ctor Representative, (Title) 18E ESTIMATE WORKSHEEI' FOR: 1994 MISCFLLANEOUS CONCRETE CURB GUTTER & SIDEWALK - PROJECT NO. Zb: CiTY OF FRIDLEY FNGINEERING DEPA.RTMENT 6431 UNNERSITY AVFNUEN.E. FRIDLEY, MN. 55432 ES'ITMATE NO. S (FINAI.) SCH11�T CURB CO. 21504 AHLSTROM AVE ROGERS MN. 55374 DATE: Nov�ember 21,1994 Ca�tract Mem Street Water Sewer Other Eacrow Parks HRA Totel �181 �408 �438 Fre �596 FT FT Fr Fr F-r Fr Fr s a s s� s a s a �. Ren,o�. ar,a Rep�ace conc�ete Curb � Gutter Gtuantity this Estimate - 0.00 0.00 23.00 0.00 28.00 0.00 51.00 AmouM ihis Estimate 0.00 0.00 253.00 0.00 308.00 0.00 0.00 561.00 Totd Quantiiy 701.00 316.00 128.00 32.00 197.00 0.00 1,374.00 Tote) 7,711.00 3,476.00 1,408.00 352.00 2,167.00 0.00 0.00 15,114.00 2. Remove arxi Replace Concrete Curb & Gutter (I�s than 85 lineal feet) Quantily fhis Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AmouM this Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total �uantity 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 0.00 0.00 0.00 0.00 0.00 Q.00 0.00 �.OQ 3. Construct 5 ft wide (4" thick) Sidewalk �uantitythisEstimate 0.00 U.00 0.00 0.00 0.00 1,014.00 1,014.00 Amount this Estimate 0.00 0.00 0.00 0.00 0.00 2,839.20 0.00 2,839.20 Total Quantity 350.OU 719.00 0.00 2.218.00 343.00 3.468.00 7,098.00 Total 980.00 2,013.20 0.00 6,210.40 960.40 9,710.40 0.00 19,874.40 4. Construct Valiey Gutter Quantity this Estimete 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Amount this Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total �uantity t 25.00 0.00 0.00 0.00 0.00 0.00 t 25.00 Total 1,875.00 0.00 0.00 0.00 0.00 0.00 0.00 1,875.00 TOTAL $10,566.00 $5.489.20 $1.408.00 $6,562.40 $3.127.40 $9,7t0.40 $0.00 $36.863.40 I THE FOLLOWING AMOUNTS ARE TO BE CHARGED TO EACH ACCOUNT FOR THIS ESTIMATE: Street (101-06-64-435-4340-6351) Water (601-73-00-415-4.'i40) Sevver (602-78-00-415-4340) Park (408-0?-70-415-4530-4091) Fscrow (501-00-00-415-4340) HRA (236-37-00-415-4340) Fre (408-00-00-415-4540-4006) �0.00 0.00 128.00 3,936.96 50$.40 0.00 500.00 TOTAL 55.073.'i6 18F CtTY OF FRIDLEY ENGINEERING DEPARTMENT 643f UNIVERSITYAVENUE N.E. FRIDLEY, MN. 55432 To: HONORABLE MAYOR and CITY COUNCtL ESTIMATE NO. 5(FINAL) CITY OF FRIDLEY 6431 UNIVERSITYAVENUE N.E. DATE: November2l, f994 FRIDLEY, MINNESOTA 55432 FOR: Schmidt Curb Co. 21504 Ahistrom Ave. Rogers MN 55374 1994 Misceilaneous Concrete Curb, Gutter & Sidewaik � Project No. 262 �uantity Total Estimated Unit this This Total Total Contract Item �uantity Price Unit Estimate Estimate �uantity AmouM 1. Remove and Replace Concrete 2,500 11,00 LF 51 561.00 1,374 15,114.00 Curb & Gutter 2. Remove and Replace Concrete 150 12.00 Lin. Ft. 0 0,00 0 0.00 Curb & Gutter (less than 85 lineal feet) 3. Construc! 5 ft wide (4" — 2,000 2.80 Sq. Ft 1,014 2,839.20 7,098 19,874.40 thick sidewalk) ' 4. Construct Velley Gutter 120 15.00 Lin. Ft. 0 0.00 125 1,875.00 TOTA� COMPLEfED TO DATE 3,400,20 $36,863.40 �ST(MATE SUMMAAY: Original Contract Amount Contract Additions Contract Deductions — Change Order No. i Revised Contract Amount Value Completed To Date Amount Retained (5%) Amount Paid To Date AMOUNT DUE THIS ESTIMATE 18G 558.700.00 0.00 22,000.00 36.700.00 36,SG3.40 0.00 31,790.04 $5,073.36 CERTIFlCATE OF THE CONTRACTOR 1 haroby c� that ttw work p�focmed and the ma�iels suppied tia date under tiarmms of tl�e contrect for the referenced project, and dl auftwrinad changas 1her�0o, have an actud value under the contract of 1Fw amou� shown on this astimebe (and itw find quarnidea of the flnal estimate are cor � and that this estimaie is just and conect end no prut of the AMOUM' DUE THIS E A has been recieved. r �, o� �( �� s n�,u,«t�a ��„o �r�u., CERTIFlCATE OF THE ENGINEER I hereby certiy that I have prepared or examined this estimate, and thad the coMractor is entitled to paymeM of this estimate under fhe contract for referenced project. o� I 1 l � � � Respectfully Submitted, . .i By "� �n G. Flwa, P.E. Director of Public Wwks I[•ltl CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DtV(SION 6431 University Avenue N.E. Fridley, Minnesota 55432 November 21. 1994 Honorabie Mayor and City Council City of Fridley c/o William W. Burns, City Manager Fridley, M N 55432 Council Members: CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate of Stinson Boulevard — Project No. 1993 — 7, for W.B. Miller Inc. We have viewed the work under contract for the construction of Stinson Boulvard - Project No. St. 1993 — 7 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on November 21, 1994. Respectfully submitted, . , --- � , �' ''' � -- John G. Flora Director of Public Works Prepared by Checked by 18� NOVEMBER 16, 1994 C1TY OF FRiDLEY STINSON BOULEVARD — PROJECT NO. ST. 1993-7 PREVAILING WAGE VERIFICATION This is to certify that W.B. Miller Inc. has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Ramsey County. I declare under the penafties of perjury that this statement is just and correct. W. B. Miller Inc. , j .I. �.-.�.- � �" Wayne Lindquist 1� November 16, 1994 City of Fridley Stinson Boulevard, Project No. St. 1993 — 7 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above—mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $232,814.20 and the final payment of $13,249.06 for the improvement project would cover in full, the contractor's claims against the City for ait labor, materiais and other work down by the contractor under this project. I declare under the penafties of perjury that this statement is just and co�rect. W.B. Miller Inc. ti . _� � Wayne Lindquist 18K November 16� 1994 To: Pubiic Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY STINSON BOUI.EVARD, PROJECT NO. ST. 1993 — 7 We, the undersigned, have inspected the above—mentioned project and find that the work required by the contract is substantiaily compiete in conformity with the pians and specifications of the project. Aii deficiencies have been corrected by the contractor. So, therefore, we recommend to you that the City approve the attached FINAl. ESTIMATE for the contractor and the one—year maintenance bond, starting from the day of the finai inspection that being November2l, 1994. i � .�_� , � Mark Lendway, Project Supervisor Ramsey County Public Works �, i"� � j ,,,, , / Wayne Lindquist W.B. Miller Inc. 18L cinr oF FRi��r Puei.�c wowcs o��wst�rrr 6431 UNIVERSITY AYENUE N.E. �RfDLEY. MNNESOTA 66432 FROM: City of F�Shcey Englneering Dhrislon TO: Honorable Mayor and City Coincil City ot Fridley 643t Unhrersity Ave. NE Fridey. MN sb432 Dated: 71 -02-94 RE: Estimate - Final Pertod Ending:l1-01-94 FOR: W.B. MLLER INC. 6701 NORRIS LAKE RD. NW ELK RIVER. NN b6330 JOB CODE NO. STREET RECONSTRUCTION - STINSON BOULEVARD PROJECT NO. ST.1993 - 7 � STATENENT OF WORK _ ::::::::.:.:::::.::...>.<:>:...: _ .. .:..::<:;>�>;:>;:>s<:>::: ; , , . _ r ;:: . ..... :.. ,: LiuB�ttt :..... ::: _ To1ati::<::`::_::;`; :;:;:: ,:,;;:.:;>;;;:;;:;.;:.;:<:«>:.::;.... .. ... : .;::;:;; ..:.;:.:;:;.;;:.;;.;;:;;: ;. ..!tN ... :. .: ..:: : . :::<;;�; .::.:.::::;�::.:.. ::.�::.�:.�.:::..:.�:.:.:..: ;: :.: ;,;,<>::: �::::::::.; .:::.::::.. . ::.::.:::: :.:.:::.: :>::,;::.>::: .;.::::, ..... .. ...... :..;�:::::::::.;.::::.:.... . . . : :::;: <;. ,:;: :.;>:: ::: >:.»: ;<.>::<.>:::: >::,:> ,:>: «:<::::<°:>`:?::;>Tdl�l:::>::>;;>�> :.: ..::..: ::::::.. �.: ,,.. ;;.::>;::»:,:>::;;: ::::»��.;:>�><:>::; ......:..: ...: .:: ,;:�;; ..:.::... ,:: �:; .::.: :..: . : ,::.Thls.,:: :.: ,. :::::.;:;Tttis::.:::.::. .:..:: To�l..: ... Estirr�ted UNt ; . , ;: ,. ' , <: . � CbN7AACT 1't'�M.:� � Quart ' : ; ; Prlce': <;Unit «' Esttmate Estlmate ::Qirariii Amount' ..::: Mobilization (5%max.) 1.00 4,500.00 0.00 0.00 1.00 4,500.00 RemoveCurb&Gutter 40.00 4.00 0.00 0.00 50.00 200.00 Remove Bihminous Pavement 7,626.00 1.20 Y 0.00 0.00 7,945.00 9,534.00 Remove Concreie Driveway Pavement 129.00 4.00 Y 0.00 0.00 221.00 884.00 SawingConcrete Pavement 60.00 2.00 0.00 0.00 35.00 70.00 Sawing BRuninous Pavement 556.00 2.00 0.00 0.00 434.00 868.00 Common Excavation (� 11,489.00 2.90 Y G.00 0.00 11,489.00 33,318.10 Topsoil Borrow (L1� 600.00 6.60 0.00 0.00 396.00 2,613.60 We�er 10.00 6.00 Ci 0.00 0.00 0.00 0.00 Aggregate Shou Ida ring Cl ass 2 40.00 14.00 0.00 0.00 Agg Base Placed CI 5(Recycle� (P) 2,912.00 13.50 Y 0.00 0.00 2,496.00 33,696.00 Type 31 Binder Course Mixture 1,220.00 23.00 on 0.00 0.00 1,373.00 31,579.00 Type 41 Wearing Course Mixture j 915.00 26.00 on 0.00 U.00 1,039.00 27,014.00 BituminouaDrivewayReplacement 1,000.00 9.50 Y 0.00 0.00 771.00 7,324.50 Bituminous Driveway Replacement (� 40.00 15.00 Y 0.00 0.00 �•00 Bituminous Material for Tack Coat 504.00 1.00 al 0.00 0.00 500.00 500.00 Brick Pavers (salvage and instai� 240.00 6.00 F 0.00 0.00 70.00 420.00 6-in. CIP Watem'tain Offset 1.00 1,800.00 ach 0.00 0.00 1.00 1,800.00 15 in. RC Pipe Sewer Des. 3006 CI 5 621.Q0 25.00 0.00 0.00 664.00 16,600.00 21 in. RC Pipe Sewer Des 3006 CI 3 34.00 30.00 0.00 0.00 34.00 1,020.00 Const. Drainage Str Des. A or F 34.00 250.00 2.30 575.00 27.10 6,775.00 Const Catch Basin Des. A or F 21.40 210.00 220 462.00 16.30 3,423.00 Reconstruct Sanitary Manhole 10.00 130.00 0.00 0.00 14.30 1,859.00 lnstall Casting 2.00 100.00 ach 0.00 0.00 3.00 300.00 Adjust FR end Ring Casting 7.00 120.00 ach 0.00 0.00 5.00 600.00 Adjust (3ate Valve Box 7.00 100.00 ach 0.00 0.00 13.00 1,300.00 Rebcate Hydrarrt Assembly 4.00 1,250.00 ach 0.00 0.00 3.70 4,625.00 Concrete Curb & Gutter Des. 8618 4,855.00 4.85 0.00 0.00 4,880.00 23,668.00 6 in. Concrete Driveway Paeement 94.00 20.00 Y 32.80 656.00 260.80 5,216.00 6 in. Concrete Driveway Paoement (i� 40.00 32.00 Y 0.00 0.00 0.00 Traffic Control 1.00 3,000.00 0.00 0.00 1.00 3,000.00 Sift Fence Heavy Duty 285.00 3.00 0.00 0.00 117.00 351.00 Soddin9, TYpe Lawn 6,600.00 1.50 Y 0.00 0.00 6,504.00 9,756.00 Comm. Fert. Anel sis 12-12-12 • 0.30 300.00 on 0.00 0.00 T07AL THIS ESTIFAATE 51,693.00 TOTAL AMOUNT 5232,814.20 ll'�►� ES'fIMATE NO. FINAI. SUNMARY: Origina{ ConVact AmouM Contract additbns C.O.# 1 Cantract deductbns — Revlsed contract amourrt Value Completed To Da�e Nnant Retained (5%) Less Amo�nt Pald Prevbusly AMOUNT DUE THIS ESTIMATE CERTIFICATE OF THE CONTRACTOR 5236,594.05 $236,594.06 $232,814.20 $Q00 $219,5G5.14 513.249.06 I hereby certity that ihe w�rfc pertarmed and the materials supp0ed to date under the teRns of the cortract for this project, and all authorized changes theret�, ha�re an actual value under the contract of the amounts shawn on this estimate (and �e fnal quantities on the flnal estimate are correct), and that this estinate is just and d and�o part af the "Amoint Due This EsUmate" has been receNed. � � By . �� , Con act 's Authori epresenta ' -(Title) CERTIFlCATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled b payment of this estknate under the contract for reference projed. • . �� - � � ./irL _�IJ .� ' � ' • �!f!. '�1.� / .� 18N Date: I ` Respecth/ly submitted, ,-� �- �"` : �'" �' 1' �-"y�.�— John G: Flora; PE Drcectorof Public Waks PAGE 2