10/02/1995 - 4883, '�
OFFICIAL CITY COUNCIL AGENDA
COIINCIL MEETING
• OCTOBER 2, 1995
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FRIDLEY CITY COUNCIL MEETING
ATTENDENCE SHEET
Manday, �c.tabeJr. 2, 199r
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
PRINT NAME (CLEARLY) ADDRESS
ITEM
NUMBER
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� FRIDLEY CITY COUNCIL MEETING OF
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OCTOBER 2,1995
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment,
or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex,
disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request,
accommodation will be provided to allow individ�als with disabilities to Parh�1Pate m�Y of Fridley's services,
programs, and activities. Hearing impaired persons �'vho need an interpreter or other persons with disabilities
who require auaciliary aids should contact Roberta Collins at 572-3500 at least one week in advance.
('I"TD/572-3534) �
PLEDGE OF AL�.EGIANCE:
PROCLAMATIONS:
Turn Off the Violence Day: October 12, 1995
Fire Prevention Week: October 8- 14, 1995
Domestic Violence Awareness Month: October, 1995
APPROVAL OF MINUTES:
City Councii Meeting of September 18, 1995
FRIDLEY CITY COUNCtL MEETING OF OCTOBER 2,1995 Page 2
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
Second Reading of an Ordinance
to Amend the City Code of the City
of Fridley, Minnesota, by Making a
Change in Zoning Districts (Rezoning
Request, ZOA #95-05, by Karl and
Margaret Schurr for Minco Products,
7321 Commerce Lane N.E.) (Ward 3) . . . . . . . . . . . 1.01 - 1.02
Second Reading of an Ordinance
Under Section 12.07 of the City
Charter to Vacate Streets and
Alleys and to Amend Appendix C
of the City Code (Vacation
Request, SAV #95-03, by Karl
and Margaret Schurr for Minco
Products, 7321 Commerce Lane
N.E.) (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.02
NEW BUSINESS:
Receive the Planning Commission
Minutes of September 20, 1995 . . . . . . . . . . . . . . . . 3.01 - 3.05
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2,1995 Page 3
APPROVAL OF PROPOSED CONSENT AGENDA•
NEW BUSINESS (CONTINUEDI:
Award Bid and Approve Change Order
No. 1 for 1995 Street Improvement
Project No. ST. 1995 -1 & 2 . . . . . . . . . . . . . . . . . . 4.01 - 4.04
Resolution Authorizing the Posting of
"No Parking" Signs on One Side of
Certain MSAS Streets (Wards 1 and 2) . . . . . . . . . . 5.01 - 5.02
Approve Joint Powers Agreement
befinreen the City of Fridley and
the County of Anoka County for the
Improvement of County State Aid
Highway 8(Osborne Road) at the
Intersection of Trunk Highway 47
(University Avenue) (Wards 1 and 3) . . . . . . . . . . . . 6.01 - 6.09
Receive Bids and Award Contract
for EVP Complete Installation and
Upgrades, Project No. 287 . . . . . . . . . . . . . . . . . . . . 7.01 - 7.03
FRIDLEY CITY GOUNCIL MEETING OF OCTOBER 2,1995 Page 4
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUEDI:
Resolution Initiating the Process
for the Sale of the City's $4,090,000
General Obligation Temporary Tax
I ncrement Bonds, Series 1995A . . . . . . . . . . . . . . . 8.01 - 8.07
Claims................................... 9.01
Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.07
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS:
(Consideration of Items not on Agenda - 15 Minutes)
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2,1995
PUBLIC HEARING:
Page 5
Adoption of the Housing Replacement
District Plan and Creation of Housing �
Replacement District No. 1 . . . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.22
.
OLD BUSINESS:
Appointments to the Environmental
Quality and Energy Commission
and the Human Resources Commission . . . . . . . . . . . . . . 12.01
NEW BUSINESS:
Variance Reque��, VAR #95-21, by Carl
Peterson, to Allow Construction of an
Accessory Structure which Exceeds the
Size of the Principal Building, and to
Reduce the Side Yard Setback for an
Accessory Structure from 3 Feet to
0 Feet, Generally Located at 7763 Elm
Street N. E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.01 - 13.20
Variance Request, VAR #95-23, by James
Kiewal, to Increase the Maximum Size
of a First Accessory Structure from 1,000
Square Feet to 1,872 Square Feet, and to
Allow an Access�ry Structure to Exceed
the First Floor Area of a Dwefling Unit in
Order to AI{ow Construction of a 24' x 30'
Addition to an Existing Garage, Generally
Located at 1631 Rice Creek Road (Ward 2)
...,..... 14.01-14.14
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FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2, 1995 Page 6
NEW BUSINESS (CONTINUED):
Variance Request, VAR #95-26, by Anoka
' County Community A�tion Program (ACCAP),
to Reduce the Front Yard Setback from
? 35 Feet to 24.6 Feet to Ailow Construction
of a Detached Garage, Generally Located .
at 380 - 57th Place N.E. (Ward 1) . . . . . . . . . . . . . . . . . . . 15.01 -15.15
Special Use Permit Request,
SP #95-09, by Paul Lifinrinczuk, per
Section 205.07.01.C(1) of the Fridley
City Code, to Allow Accessory Buildings
Other than the First Accessory Building,
Over 240 Square Feet, on Lot 17, Except
the South 55.0 Feet Thereof, Auditor's
Subdivision No. 22, Generally Located
at 6291 Central Avenue N.E. (Ward 2) . . . . . . . . . . . . . . . 16.01 - 16.07
Receive Bids and Award Contract
for Central Avenue Bikeway/Walkway
Project No. ST. 1994 -9 . . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.02
� I Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . 18.01
ADJOURN:
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2, 1995
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FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services,
programs, or activities because of race, color, creed, retigion, national origin, sex, disability, age, marital status, sexual orientarion or status
with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in
any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities
who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE:
PROCLAMATIONS:
Turn Off the Viotence Day: October 12, 1995
��t-��-�'��
Fire Prevention Week: October 8-14, 1995
��t�r�-
Domestic Violence Awareness Month: October, 1995
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APPROVAL OF MINUTES:
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City Couneil Meeting of September 18, 1995
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APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
Second Reading of an Ordinance
to Amend the City Code of the City
of Fridtey, Minnesota, by Making a
Change in Zoning Districts (Rezoning
Request, ZOA #95-05, by Karl and
Margaret Schun for Minco Products,
7321 Commerce Lane N.E.)
(Ward 3) . . . . . . . . . . . . . . . . . . . . . . 1.01 -1.02
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OLD BUSINESS (CONTINUED):
Second Reading of an Ordinance
Under Section 12.07 of the City
Charter to Vacate Streets and
Alleys and to Amend Appendix C
of the City Code (Vacation
Request, SAV #95-03, by Ka�1
an� Margaret Schurr for Minco
Products, 7321 Commerce Lane
N.E.) (Ward 3) - • . . . . . . . . . . . . . . . 2.01 - 2.02 '
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NEW BUSINESS:
��� -• v� �y`-.'C'"``�'
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Receive the Planning Commission
Minutes of September 20, 1995 ... 3.01 - 3.05
��
Award Bid and Approve Change Order
No. 1 for 1995 Street tmprovement
Project No. ST. 1995 -1 & 2 . . . . . . 4.01 - 4.04
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.S � 3, 2 � Z . ��� ,�n. �. �
w--� ���.� 3, 6 � �. �� j��-- �
Resolution Authorizing the Posfing of ; f-�� �2
"No Parking" Signs on One Side of -f �6 q�
Certain MSAS Streets (Vllards 1 °7.6
and 2) . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.02j
l'c�-t% ,Z�"�` �e_._ ,
Approve Joint Powers Agreement
between the City of Fridley and
the County of Moka County for the
Improvement of County State Aid
Highway 8(Osbome Road) at the
Intersection of Tnink Highway 47
(University Avenue) (Wards 1
and 3) . . . . . . . . . . . . . 6.01 - 6.09
`��N�. .
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUEDL
Receive Bids and Award Contract
for EVP Complete Installation and
Upgrades, Project No. 287 . . . . . . . 7.01 - 7.03
��-�—��.,��-----� �l—�� .�
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,��d, � yd,
NEW BUSINESS:
Variance Request, VAR #95-21, by Carl
Peterson, to Allow Construction of an
Accessory Structure which Exceeds the
Size of the Principal Building, and to
Reduce the Side Yard Setback for an
Accessory Structure from 3 Feet to
0 Feet, Generally LOcated at 7763 Elm
Street N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . 13.01 -13.20
r�' !��/' �C �c.,,.•�-C�`—��/'�
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Resolution Initiating the Process
for the Sale of the City's $4,090,000
General Obligation Tempo�ary Tax
Increment Bonds, Series 1995A ... 8.09 - 8.07
���' i�� �� �
Claims . . . . . �� . . . . . . . .. . .. . 9.01
Estimates . . . � ��/":"`�`�''-`.� . . . 10.01 -10.07
ADOPTION OF AGENDA:
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OPEN FORUM. VISITORS:
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(Consideration of Items not on Agenda -15 Minutes)
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PUBLIC HEARING:
Adoption of the Housing Replacem�nt
District Ptan and Creation of Housing
Replacement District No. 1 . . . . . . . . . . . . . . 11.01 - 11.22
�P ° � ' �v �/ �
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OLD BUSINESS:
Appointments to the Environmental
Quality and Energy Commission
and the Human Resources Commission ... 12.01
���
Variance Request, VAR #95-23, by James
Kiewal, to Increase the Maximum 5ize
of a First Accessory Structure from 1,000
Square Feet to 1,872 Square Feet, and to
AHow an Accessory Structure to Exceed
the First Floor Area of a DweAing Unit in
Order to Aliow Construction of a 24' x 30'
Addition to an Existing Garage, Generally
Located at 1631 Rice Creek Road (Ward 2) 14.01 -14.14
Variance Request, VAR #95-26, by Anoka
County Community Action Program (ACCAP),
to Reduce the Front Yard Setback from
35 Feet to 24.6 Feet to Allow Construction
of a Detached Garage, Generally Located
at 380 - 57th Place N.E. (Ward 1) . . . . . . . . 15.01 -15.15
Q�,,�..�,��c .�..-.� (��-�.�—,�
Special Use Permit Request,
SP #95-09, by Paul Litwinczuk, per
Section 205.07.01.C(1) of the Fridley
Ciiy Code, to Allow Accessory Buildings
Other than the First Accessory Building,
Over 240 Square Feet, on Lot 17, Except
the South 55.0 Feet Thereof, Auditor's
Subdivision No. 22, Generally Located
at�6291 Central Avenue N.E. (Ward 2) .
. . . 16.01 -16.07
a���-� �-�� (� �-'�?��l
Receive Bids and Award Contract
for Cent�al Avenue Bikeway/Walkway
Project o. ST. 1994 -9 . . . . . . . . . . . . . . . . 17.01 -17.02
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Informal Status Reports . . . . . . . . . . . . . . . . 18.01
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THE MINQTSS OF THL FRIDLEY CITY COIINCIL MEBTING OF
SEPTEMBER 18� 1995
.. �
THE MINIITES OF THS REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF
SEPTEMBER 18, 1995
The Regular Meeting of the Fridley City Council was called to order
at 7:35 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flag.
R�LL CALL• �
MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider and Councilwoman
Bolkcom
MEMBERS ABSENT: None
Mayor Nee stated that the City Manager, Mr. Burns, is out of town
at a conference and will be back later this week.
APPROVAL OF MINUTES:
COUNCIL MEETING. SEPTEMBER 11, 1995:
MOTION by Councilman Billings to approve the minutes as presented.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
� : -- -
NEW BUSINESS • '" � �- °y
1. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN`ZONING
DISTRICTS (REZONING REOUEST, ZOA #95-05, BY KARL AND MARGARET
SCHURR FOR MINCO PRODUCTS, 7321 COIKA�RCE LANE N.E.Z (WARD 3):
Mr. Pribyl, Acting City Manager, stated that a public hearing
was conducted on this rezoning request on September 11,�1995,
and there were no comments or concerns from the public. He
stated that staff recommends first reading of the ordinance
with three st�ipulations.
AAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING
WITH THE FOLLOWING STIPULATIONS: (1j A MINOR AMENDMENT TO THE
CITY�S COMPREHENSIVE PLAN SHALL BE APPROVED PRIOR TO ISSIIANCE
OF A BIIILDING PERMIT; (2) THE PBTITIONFR SHALL COMPLY WIT$ THE
COMMENTB IN JON WILCZER�S MEMORANDIIM DATED AIIGIIST 10, 1995
PRIOR TO ISSIIANCB OF A BIIILDING PERMIT; AND (3) THE PBTITIONER
SHALL SIIBMIT A LANDSCAPE PLAN COMPLYING WITH THE REQIIIREMENTS
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 18. 1995 PAGE 2
OF THE M-1, LIGHT INDUSTRIAL DISTRICT PRIOR TO THE ISSUANCE
OF A BUILDING PERMIT.
2. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY
CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C
OF THE CITY CODE (VACATION REQUEST, SAV #95-03, BY KARL AND
MARGARET SCHURR FOR MINGO PRODUCTS, 7321 COMMERCE LANE N.E.)
�WARD 3)•
Mr. Pribyl, Acting City Manager, stated that a public hearing
was conducted on this vacation request on September 11, 1995,
and there were no comments or concerns from the public. He
stated that staff recommends first reading of the ordinance
to vacate a 30 foot drainage and utility easement. He stated
that the petitioner is required to relocate the sanitary sewer
line. He reported that staff has identified three options,
and the petitioner has to decide which option to pursue.
WAIPED THE READING AND APPROVE THE ORDINANCE ON FIRST READING
WITH THE FOLLOWING STIPIILATIONS: (1) RELOCATION OF THE
SANITARY SEWER LINE VIA ONE OF THREE OPTIONS IDENTIFIED BY
STAFF; AND (2j OBTAINING OR GRANTING ANY EASEMENTS ASSOCIATED
WITH THE CH03EN OPTION.
3. MOTION APPROVING OFFICIAL TITLE AND SUMMARY OF ORDINANCE
NO. 1056, CREATING FLOODPLAIN REGULATIONS:
Mr. Pribyl, Acting City Manager, stated that staff has pre-
pared an official title and summary for Ordinance No. 1056
for publication purposes. He �tated that due to the length
of this ordinance, it is requested that Council approve
publication of only the official title and summary. He stated
that this ordinance, which promotes the health, safety, and
general welfare and minimizes losses in the floodplain and
flood fringe areas, was adopted by the City Council at the
September 11, 1995 meeting.
APPROVED THE PIIBLICATION OF TH8 OFFICIAL TITLE AND SIIMMARY OF
ORDINANCE NO. 1056.
4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
SEPTEMBER 6, 1995:
Mr. Pribyl, Acting City Manager, stated that Council is
requested to receive the minutes of the Planning Commission
meeting of September 6, 1995.
RECEIVED THE MINIITES OF THE PLANNING COMMISSION MEETING OF
SEPTEMBER 6� 1995.
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 18 1995 PAGE 3
5. RESOLUTION NO. 53-1995 APPROVING A SUBDIVISION, LOT SPLIT,
L.S. #95-01, TO TAKE PROPERTY AND SPLIT IT INTO FIVE SEPARATE
PARCELS (PARCEIS A- E� , GENERALLY LOCATED AT 520 DOVER STREET
N.E. (WARD 3): .
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Mr. Pribyl, Acting City Manager, stated that this resolution
approves a lot split for property generally located at 520
Dover Street. He stated that the purpose of the lot split is
to consolidate and dispose of lots owned by the petitioner and
to provide for potential future subdivision to the south of
the single family dwelling at 520 Dover Street.
Mr. Pribyl stated that the
approval of this lot split
included in the resolution
Planning Commission recommended
with two stipulations, which are
�s Exhibit A.
ADOPTED RESOLIITION NO. 53-1995 WITH THE FOLIAWING STIPIILATIONS
ATTACHED AS EXHIBIT A: (1) THl3 PETITIONER SHALL STIPIILATE IN
THE CONDITIONS OF SALE THAT THE ADJACENT NEIGHBORB, THE
HALVORSONS AND THE I,INDSTROMS, COMBINE THE SPLIT PARCELS WITH
THEIR PARCELS TO CREATE SINGLE TA% RECORDS; AND (2) A PRIVATE
EASEMENT ALLOWING MAINTENANCE, REPAIR, OR REPLACEMENT OF
UTILITY SERVICES SHALL BE E%ECIITED AND RECORDED AGAINST
LOT 33, BLOCR L, RIVERVIEW HEIGHTS.
MOTION TO ADVERTISE FOR BIDS FOR THE 53RD AVENUE BOOSTER
STATION RENOVATION PROJECT NO. 280 (WARD 1):
Mr. Pribyl, Acting City Manager, stated that Maier Stewart and
Associates designed this reno�ation project for the 53rd
Avenue booster station. He s�ated thai $300,000 has been
included in the 1996 Capital.Improvements budget for this
project. He stated it is requested that Council authorize
advertising for bids so that the project can be completed next
year.
AOTHORIZED ADVERTISING FOR BIDS FOR THE 53RD AVENIIE BOOSTER
STATION RENOVATION PROJECT NO. 280.
APPROVE 1996 SCHOOL REFERENDUM LEVY RETURN AGREEMENTS {SCHOOL
DISTRICT NOS. 11, 13, 14 AND 16):
Mr. Pribyl, Acting City Manager, stated that these annual
agreements with the school districts have been approved by the
Housing and Redevelopment Authority for taxes payable in 1996.
He stated that the total amount estimated to be returned to
the school districts is $310,940. He stated that the break-
down for each school district was $16,416 for School District
No. 11; $2,648 for School District No. 13; $232,531 for School
District No. 14; and $59,345 for School District No. 16.
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 18, 1995 PAGE 4
8.
�
10.
APPROVED THB 1996 SCHOOL REFERENDIIM LEVY RETIIRN AGREEMENTS
WITH SCHOOL DISTRICT NOS. 11, 13, 14 AND 16 AND AIITHORIZED THE
MAYOR AND CITY MANAGER TO LBECIITE TBESE AGREEMENTB.
RESOLUTION NO. 54-1995 DIRECTING PREPARATION OF ASSESSMENT
ROLL FOR 1995 TREE ABATEMENT (WARD 3):
Mr. Pribyl, Acting City Manager, stated that there is an
assessment to only one property in the amount of $661.90 for
the removal of a diseased tree.
ADOPTED RESOLIITION NO. 54-1995.
RESOLUTION NO. 55-1995 DIRECTING PUBLICATION OF HEARING ON
PROPOSED ASSESSMENT ROLL FOR THE 1995 TREE ABATEMENT (WARD 3)•
Mr. Pribyl, Acting City Manager, stated that this resolution
establishes October 23, 1995 as the date of the public hearing
on this proposed assessment roll for the 1995 tree abatement.
ADOPTED RESOLIITION NO. 55-1995.
RESOLUTION NO. 56-1995 DIRECTING PREPARATION OF ASSESSMENT
ROLL Ft�R 1995 SERVICE CONNECTION �WARD 3j:
Mr. Pribyl, Acting City Manager, stated that there is an
assessment to only one property in the amount of $1,877.48
for a service connection.
ADOPTED RESOLIITION NO. 56-1995.,, __
.-...- __
11. RESOLUTION PIO. 57-I995 DIRECTING PUBLICATION OF HEARING ON
PROPOSED ASSESSMENT ROLL FOR THE 1995 SERVICE CONNECTTON
(WARD 3):
Mr. Pribyl, Acting City Manager, stated that this resolution
establishes October 23, 1995 as the date of the public hearing
on this proposed assessment roll for the 1995 service
connection. _
ADOPTED RESOLIITION NO. 57-1995.
12. RESOLUTION NO. 58-1995 DIRECTING PREPARATION OF ASSESSMENT
ROLL FOR STREET IMPROVEMENT PROJECT NO. ST 1993-7•
Mr. Pribyl, Acting City Manager, stated
is for improvements on Stinson Boulevard
Osborne Road. He stated that the total
was $277,631.30.
ADOPTED RESOLIITION N0. 58-1995.
that this assessment
from 73rd Avenue to
cost of the project
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBSR 18, 1995 PAGE 5-
13. RESOLUTION NO. 59-1995 DIRECTING PUBLICATION OF HEARING ON
PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT
NO. ST. 1993-7•
Mr. Pribyl, Acting City Manager, stated
establishes October 23, 1995 as the date
on this proposed assessment roll for
Project No. ST. 1993-7.
ADOPTED RESOLIITION NO. 59-1995.
that this resolution
of the public hearing
Street Improvement
14. RESOLUTION NO. 60-1995 DIRECTING PREPARATION OF ASSESSMENT
ROLL FOR STREET IMPROVEMENT PROJECT NO. ST. 1992-2:
Mr. Pribyl, Acting City Manager, stated that this assessment
is for improvements at 1040, i050, and 1060 Hathaway Lane,
which were part of Street Improvement Project No. ST. 1992-2
but were not included in the original assessment roll in
October, 1993.
ADOPTED RESOLIITION NO. 60-1995.
15. RESOLUTION NO. 61-1995 DIRECTING PIIBLICATION OF HEARING ON
PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT
NO. ST. 1992-2 •
Mr. Pribyl, Acting City Manager, stated that this resolution
establishes October 23, 1995 as the date of the public hearing
on this proposed assessment roll for improvements included in
Street Improvement Project No. ST. 1992-2.
:= - _-_ . -
ADOPTED RESOLIITION NO. 61-1995.
16. RESOLUTION NO. 62-1995 DIRECTING PREPARATION OF ASSESSMENT
ROLL FOR THE 64TH AVENUE STORM WATER IMPROVEMENT PROJECT
NO. 260•
Mr. Pribyl, Acting City Manger, stated that this assessment
is for improvements at 1372 and 1384 64th Avenue, which were
part of the 64th Avenue Storm Water Improvement Project No.
260. He stated that the total cost of the project was
$173,105.08. The original assessment in October, 1994 did -
not include these two properties.
ADOPTED RESOLIITION NO. 62-1995.
17. RESOLUTION NO. 63-1995 DIRECTING PUBLICATION OF HEARING ON
PROPOSED ASSESSMENT ROLL FOR THE 64TH AVENUE STORM WATER
IMPROVEMENT PROJECT NO. 260:
Mr. Pribyl, Acting City Manger, stated that this resolution
establishes October 23, 1995 as the date of the public hearing
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 18. 1995 PAGE 6
on this proposed assessment roll for improvements included in
the 64th Avenue Storm Water Improvement Project No. 260.
ADOPTED RESOLIITION NO. 63-1995.
18. APPOINTMENT - CITY EMPLOYEE:
Mr. Pribyl, Acting City Manager, stated it is recommended that
Ronald Julkowski be appointed as Chief Building Official. He
stated that Mr. Julkowski has six years of municipal experi-
ence and twelve years of construction experience. He stated
that Mr. Julkowski replaces John Palacio and his starting date
would be October 2, 1995 at a beginning salary of $41,606.41
per year.
APPROVED THE APPOINTMENT OF RONALD JOLROWSRI AS CHIEF BUILDING
OFFICIAL, EFFECTIVE OCTOBER 2, 1995, AT A BEGINNING SALARY OF
$41�606.41 PER YEAR.
19. CLAIMS•
AIITHORiZED PAYMENT OF CLAIMS NO. 64144 throuqh 64255.
20. LICENSES•
APPROVED THE LICENSES AS SIIBMITTED AND AS ON FILE IN THE
LICENSE CLERK�S OFFICE.
There were no comments from the audience on the proposed consent
agenda items.
:�
MOTION by Councilman Schneider to approve the consent agenda items.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADOPTION OF AGENDA:
Mayor Nee stated that staff has requested that the public hearing
for the revocation or suspension of the intoxicating liquor license
for Sharx Club be deleted from the agenda. He stated that Sharx
Club has now complied with all outstanding stipulations, and there
will be a review by Council of the intoxicating liquor license and
adherence to the forty percent food requirement in November.
MOTION by Councilwoman Bolkcom to adopt the agenda, with the
deletion of the public hearing for Sharx Club. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
FRIDLEY CITY COQNCIL MEETING OF SEPTEMBER 18. 1995 PAGE 7
OPEN FORUM. VISITORS:
There was no response from the audience under this item of
business.
21. PUBLIC HEARING ON REVOCATION/SUSPENSION OF INTOXICATING LIQUOR
LICENSE FOR SHARX CLUB GENERALLY LOCATED AT 3720 EAST RIVER
ROAD (WARD 3)•
This item was deleted from the agenda.
NEW BUSINESS•
22. RECEIVE BIDS AWARD CONTRACT AND APPROVE CHANGE ORDER NO. 1
FOR 1995 STREET IMPROVEMENT PROJECT NO. ST. 1995-2:
MOTION by Councilman Schneider to receive the following bids for
Street Improvement Project No. ST. 1995-2:
Bidder
Hardrives, Inc.
Plymouth, MN 55441
Valley Paving, Inc.
Brooklyn Park, MN 55443
H & M Asphalt Company
Elk River, MN 55330
Total Bid
$573,282.80
$578,397.83
$582,391.95
C.S. McCrossan Construction, Inc.
Maple Grove, MN 55311-6240 !-�614, 47-6.=Cs0
Midwest Asphalt
Hopkins, MN 55343
$661,211.40
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mr. Flora, Public Works Director, stated that this improvement
project includes 67th Avenue (Monroe to Brookview), Arthur Street
(64th to Mississippi), 69th Avenue (Old Central Avenue to Stinson
Boulevard), University Avenue slipoff, Rice Creek Townhouse parking
lot, and 1995 street overlays. He said that the State Aid Office
will address the University Avenue slipoff as a supplemental
agreement, and it has to be removed from this project.
Mr. Flora requested that Council not award the contract at this
time.
_ ... ...: . . ..... . . _ . .. _ _ _ __ . _ _ .. ., , ...... . .... .,_ _ ,<,�
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 18. 1995 PAGE 8
23. INFORMAL STATUS REPORTS:
VALUES AWARENESS WEEK:
Councilwoman Bolkcom reminded the residents that on Tuesday,
September 19, Dr. Walsh will be speaking at the Fridley High School
Auditorium, and on Thursday, September 21, Ms. Rice will be
speaking at Murzyn Hall in Columbia Heights. She stated that
Dr. Walsh will address some positive things people can do with
their children to promote the values program. She stated that
Ms. Rice will be talking about values geared towards younger
children. She stated that on Saturday, there will be an ice cream
social at the athletic field behind Fridley High School with a
dixie land band and the Columbia Heights High School band providing
entertainment.
FIRE TRUCK•
A short video was presented on the new fire truck for the City.
REPORT ON CLEAN-UP PROGRAM:
Ms. Dacy, Community Development Director, stated that a resident
expressed her appreciation with the choreography of the entire
Clean-Up Week. She stated that the volunteers were "angels in blue
shirts" and cleaned out over 35 years of items in her home. She
was very appreciative of their help.
Ms. Dacy stated that the contractor was working today to finish
collection of the brush and hoped this task would be completed by
3:00 p.m. Tuesday. � -
Ms. Dacy stated that there are eighty appliances that still need
to be collected. She stated that this would be done on
September 25 and October 2 for those who have called for a pickup.
Ms. Dacy stated that there were two contractors collecting refuse,
Walter's and Waste Management. Any items missed will be picked up
today.
Ms. Dacy stated that ACCAP was overwhelmed with the furniture to
be collected. She stated that they made about two hundred stops
and felt that all items were picked up from those who called. She
stated that if residents have additional items, they should call
their local church or Salvation Army.
Ms. Dacy stated that there were 1,203 vehicles who visited the
drop-off site at Columbia Arena On Saturday, September 16.
Ms. Dacy stated that a detailed report will be submitted to Council
as soon as figures are available.
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 18, 1995 PAGE 9
Councilwoman Jorgenson stated that she appreciated the staff's time
for working on this clean-up. She stated that Councilwoman Bolkcom
was part of the committee that worked on this project, and it was
great.
Councilwoman Bolkcom commended all the volunteers and those who
stayed all day to work. She stated that there were not a lot of
people at the party, but she felt many of the workers were
exhausted. She stated that people helped their neighbors. She
said she appreciated everyone's hard work from City staff to all
the volunteers. She stated that she has received more positive
than negative comments.
Councilman Schneider stated that one of his neighbors, who is in
the hauling business, was working at the drop-off site at Columbia
Arena and was extremely complimentary of City staff. He stated
that staff had their heart and soul in this project and really
worked hard. He stated that staff deserves a lot of credit. He
said that Councilwoman Bolkcom was an inspiration and did an
excellent job. .
Councilwoman Bolkcom stated that she appreciated Council's support
of this project. She stated that Girl Scouts were also cleaning
the parks, so there were a lot of activities associated with this
clean-up project.
ADJOURNMENT•
MOTION by Councilman Billings to adjourn the meeting. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unani+x�ously and-the Regular Meeting
of the Fridley City Council of September 18, 1995 adjourned at
8:05 p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
r �
_
.
DATE:
TO:
Community Development Department
G DIVISION
City of Fridley
September 27, 1995 p,�
hjs,
�tl
William Burns, City Manager �
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT: Second Reading of an Ordinance Approving a
Rezoning Request, ZOA #95-05, by Rarl and Margaret
Schurr for Minco Products; 7321 Commerce Lane N.E.
The City Council approved the first reading of the attached
ordinance authorizinq a change in zoning districts from C-2,
General Business to M-1, Light Industrial, on Lots 16, 17, and
18, Block 2, Commerce Park at its September 18, 1995. Staff
recommends that the City Council approve the second reading of
the attached ordinance and order publication, with the following
stipulations:
1. A minor amendment to the City's comprehensive plan shall be
approved prior to the issuance of a building permit.
2. The petitioner shall comply with the comments in Jon
Wilczek's memo dated August 10, 1995 prior to the issuance
of a building permit. .
3. The petitioner shall submit a landscape plan
the requirements of the M-1, Light Industrial
to the issuance of a building permit.
MM/dw
M-95-508
1.01
complying with
District prior
ORDINANCE NO.
ORDINANCL TO AMEND THE CITY CODL OF THL CITY
OF FRIDLEY, MINNESOTA BY MARING A CHANGE IN
ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1.
5ECTION 2.
Appendix D of the City Code of Fridley is amended
as hereinafter indicated.
Be and is hereby rezoned, subject to stipulations
adopted at the City Council meeting
of , 1995.
The tract or area within the County of Anoka and
the City of Fridley and described as:
Lots 16, 17, and 18, Block 2, Commerce Park,
generally located at 7321 Commerce Lane N.E.
Is hereby designated to be in the Zoned District
M-1 (Light Industrial).
SECTION 3. That the Zoning Administrator is directed to
change the official zoning map to show said tract
or area to be rezoned from Zoned District C-2
(General Business) to M-1 (Light Industrial).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1995.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Publication:
WILLIAM J. NEE - MAYOR
September 11, 1995
September 18, 1995
1.02
r _
_
�
DATE:
TO:
FROM:
Community Development Department
PLANNING DIVISION
City of Fridley
September 28, 1995 �
William Burns, City Manager ��
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT: Second Reading of an Ordinance Approving a
Vacation Request, SAV #95-03, by Karl and Margaret
Schurr for Minco Products; 7321 Commerce Lane NE
The City Council approved the first reading of the attached
ordinance approving the vacation of a 30 foot drainage and
utility easement over Lots 16 - 21, Block 2, Commerce Park at
September 18, 1995 meeting. Staff recommends that the City
Council approve the second reading of the attached ordinance
authorize publication, with the following stipulations:
its
and
1. The petitioner shall maintain sanitary sewer service to the
businesses located at the corner of 73rd and University
Avenues, during and after relocation of the sewer lines.
2. The petitioner shall dedicate a 30 foot utility easement
over the relocated sewer line.
l�i/dw
M-95-507
2.01
ORDINANCE NO.
AN ORDINANCE IINDER SECTION 12.07 OF THE CITY
CHARTER TO VACATE STREETS AND ALLEYS AND TO
AMEND APPENDIB C OF THE CITY CODE
The City Council of the City of Fridley does hereby ordain as
follows:
SECTION 1. To vacate a 30 foot drainage and utility easement
which is 15 feet on each side of common Lot lines
16 and 21, 17 and 20, plus the southwest property
line of Lot 17, the northwest property line of Lot
18, the north property line of Lots 18 and 19, and
the south property line of Lot 20, all in Block 2,
Commerce Park, generally located at 7321 Commerce
Lane N.E.
All lying in the South Half of Section 11, T-30, R-
24, City of Fridley, County of Anoka, Minnesota.
Be and is hereby vacated, subject to the
stipulations adopted at the City Council meeting of
, 1995.
SECTION 2. The said vacation has been made in conformance with
Minnesota Statutes and pursuant to Section 12.07 of
the City Charter and Appendix C of the City Code
shall be so amended. _
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1995.
ATTEST:
WILLIAM A. CHAMPA, CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Publication:
WILLIAM J. NEE - MAYOR
September 11, 1995
September 18, 1995
2.�2
CITY OF FRIDLEY
PLANNING COMMISSION MEETING, SEPTEMBER 20, 1995
CALL TO ORDER'
Chairperson Newman called the September 20, 1995, Planning
Commission meeting to order at 7:32 p.m.
ROLL CALL•
Members Present:
Members Absent:
Others Present:
Dave Newman, Diane Savage, LeRoy Oquist, Dean
Saba, Connie Modig
Dave Kondrick, Brad Sielaff
Scott Hickok, Planning Coordinator
Paul Litwinczuk, 6291 Central Avenue N.E.
APPROVAL OF SEPTEMBER 6, 1995 PLANNING COMMISSION MINL�'S:
MOTION by Mr. Oquist, seconded by Ms. Modig, to approve the
September 6, 1995, Planning Commission minutes as written.
IIPON A VOICB VOTE, ALL VOTING AYl:, CHAIRPERSON NSWMAN DECLARED
TH8 MOTION CARRIED QNANIMOIISLY.
l. PIIBLIC HEARING: CONSIDERATION OF A SPECIAL IISE PERMIT SP
#95-09, BY PAUL LITWINCZIIR:
Per Section 205.07.O1.C.(1) of the Fridley City Code, to
aI.low accessory buildings other than the first accessory
building, over 240 square feet, on Lot 17, except the South
55.0 feet thereof, Auditor's Subdivision No. 22, generally
located at 6291 Central Avenue N.E.
MOTION by Ms. Savage, seconded by Ms. Modig, to waive the reading
of the public hearing notice and to open the public hearing.
IIPON A VOICL VOTE, ALL VOTING AYE� CHAIRPERSON rfEWM,AN DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:33 P.M.
Mr. Hickok stated that the request is for the�property located at
6291 Central Avenue N.E. A special use penait is being requested
in conjunction with a variance to allow construction of an
addition to an existing home. The variance was reviewed and
approved by the Appeals Commission on September 12. TY�e variance
allowed the petitioner to construct the addition 7 feet from the
southern property line rather than the 10 feet as required by
code. The special use permit is for a second accessory structure
over 240 square feet.
Mr. Hickok stated there is an existing home and garage on the
site. The addition is out toward Central Avenue. The property
3.01
PLANNING COMMIS8ION MEETING. SEPTEMBER 20, 1995 • PAG$ 2
is at the corner of Central Avenue and Rice Creek Road. The
proposed addition is 22 feet x 24 feet. It is a two-car garage
with a master bedroom on the second floor of the addition. A
breezeway connects the new garage/master bedroom to the existing
house. The code requirement for a special use permit is to
protect the open space and to consider elements such as home
occupations, etc., that a second large accessory building might
encourage.
Mr. Hickok stated staff has determined through their review that
this is living space and additional garage space. The current
garage is detached. Staff recommends approval of the special use
permit with the following stipulations:
1. The petitioner shall construct a hard surfa�e drive of
asphalt or concrete within 12 months of the City Council's
approval of SP �95-09.
2. Al1 grading, drainage and downspout locations shall be "
designed in a manner which will prevent detrimental run-off
impacts to.adjacent properties.
3. All• necessary permits shall be obtained from the City prior
to�construction. �
Mr: Oquist.asked if the driveway is on Rice Creek Road.or•onto �-
OTd`�Central. " � - ' . - . � , ' �
Mr. Hickok stated the driveway is onto Rice Creek Road and�the
curb cut for the driveway has already been created.
Mr. Newman asked if the structure the petitioner is expanding is
considered an accessory space even if it is connected by a
breezeway. .
Mr. Hickok stated yes. The trigger is the garage. Even an
attached garage is considered an accessory structure.
Mr. Newman asked if there had been any comments from the
neighbors. .
Mr. Hickok stated the neighbor had provided positive support at
the Appeals Commission meeting.
Mr. Saba asked the petitioner if he had any problem with the
stipulations.
Mr. Litwinczuk stated no.
Mr. Oquist asked if the petitioner would lose any trees.
3.02
PLANNING COMMISSION MBETING. SLPTEMBER 20, 1995 PAGE_3
Mr. Litwinczuk stated yes. The trees are scrub oak and would die
soon anyway.
MOTION by Mr. Saba, seconded by Ms. Savage, to close the public
hearing.
IIPON A VOICL VOTE� ALL VOTIIJG AYS� CHAIRPERSON NSWMAN DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:38 P.M.
Mr. Oquist stated he saw no problems with the request. It is a
large lot.
MOTION by Mr. Oquist, seconded by Ms. Savage, to recommend
approval of Special Use Permit, SP �95-09, by Paul Litwinczuk, to
allow accessory buildings other than the first accessory
building, over 240 square feet, on Lot 17, except the South 55.0
feet thereof, Auditor's Subdivision No. 22, generally located at
6291 Central Avenue N.E., with the following stipulations:
1. The petitioner shall construct a hard surface drive of
asphalt or concrete within 12 months of the City Council's
approval of SP #95-09.
2. All grading, drainage and downspout locations shall be
designed in a manner which will prevent detrimental run-off
impacts to adjacent properties. � • •
3. All necessary permits shall be obtained from the City prior
to construction.
IIPON A VOICE VOTE, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
Mr. Hickok stated the City Council would review this request on
October 2. .
2. RECEIVE THE MINUTES OF THE PARRS & RECREATiON COMMISSION
MEETING OF AUGUST 7, 1995
MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the Parks
& Recreation Commission minutes of August 7, 1995.
IIPON A VOICE VOTE� ALL VOTING AYS, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
3. UPDATE ON CITY COUNCIL ACTIONS
Mr. Hickok provided an update on City Council actions.
ADJOURNMENT
3.03
PLANNING COMMISSION MEETING. SEPTEMBER 20. 1995 PAGE 4
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the
meeting.
IIPON A VOICB VOTE, ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED AND THE SEPTEMBER 20� 1995, PLANNING
COMMISSION MEETING ADJOIIRNED AT 7:43 P.M.
Respectfully submitted,
� ���
Lavonn Cooper
Recrording Secretary
3.04
S I G N— IN S H E E T
PLANNING COMMISSION MEETING, September 20, 1995
Name Address/Business �
-� - �Z c� � -
.
3.05
Engineenng
Sewer
Water
Pafk;
Slreets
Ma�ntenance
TO: William W. Burns City Manager �r�'" PW95-264
��
FROM: John G. Flora, Public Works D'uectar
DATE: October 2, 1995
SUBJECT: Street Impxovement Project ST. 1995 - 1&2
In the original submittal of the City's street project to the State Aid office, we requested State
participation in funding far the University Avenue/63rd slipoff portion of the project. The State has
now agreed to fund this portion of the project through a supplemental agreement. The supplemental
agreement will take approximately four months to accomplish and therefore, they have suggested
this item be deleted from this project and be incorporated in either the 1996 project or a change order
to the 1995 project once the supplemental agreement has been executed.
Since we have experienced a delay in receiving State approval for this project, we aze proposing to
amend the completian date for this work until June 1996. This will allow the contractor to complete
the overlay and possi.bly 69th Avenue worlc this year and then start the street improvements for 68th
and Arthur in the spring of 1996. Accordingly, a change order to the completion date is required.
As noted earlier, we propose to implement an asphalt crack control system on 69th Avenue by
cutting contraction joints and filling them with a rubber material. This was a speci#ication item in
the project but was not bid based upon our concern for the overall cost. As sufficient funds for this
project are available within the budget, we recommend the addition of the crack control cutting be
added to the project.
The bids for the street project were received by Council at their September 18 meeting. The low
bidder was Hardrives, Inc. with a bid of $573,282.80. We have negotiated change order No. 1 with
the contractor for the extension of the contract completion date, the deletion of the slipoff work and
the addition of the crack sawing, silt fencing and B 1018 curb and gutter for a net deduction of
$3,677.15.
Recommend Council award the ST. 1995 - 1&2 project with change order No. 1 for a final cost of
$569,609.65 to Hardrives, Inc.
JGF:cz
4.a�
�,�
• u •.
�.�� �
CITY OF FRIDLEY
ENGINEERING DEPAR,TMENT
6431 UNIVER.SITY AVENUE N.E.
FRIDLEY, MN 55432
September 18, 1995
Hardrives Inc
9724 10th Ave N
Plymouth MN 55441
Project: Street Improvement Projects ST. 1995 - 1 and 1995 - 2
MSAP 127-325-02, 127-336-03 and 127-305-05
68th Ave NE - Monroe Street to Brookview Drive
Arthur St NE - 64th Avenue to Mississippi Street
69th Avenue NE - Central Avenue to Stinson Blvd
Owner: City of Fridley
The following changes are hereby made to the Contract documents:
This Change Order No. 1
WHEREAS; tlus contract provides for, among other things, grade aggregate base, milli.ng, bituminous
surfacing, concrete curb and gutter, siorm drain, landscaping, and appurtenances, and
WHEREAS; 69th Avenue northeast from Central Avenue to Sti.nson Boulevard is being reconstructed,
including remixing of the subbase, replacement of the base, and resurfacing with bituminous, and
WHEREAS; 69th Ave�ue northeast }�as suffered severe uncontrolled cracl�ng over the years, and
WHEREAS; the use of sawed/sealed traverse joints would provide for controlled cracking along 69th Ave,
and
WHEREAS; in order to provide better drainage at Old Central Ave and 69th Ave it will be necessary to
use B1018 curb and gutter, and
WHEREAS; in order to protect the area around 68th Ave from erosion and siltation, silt fence should be
provided, and
WHEREAS; it is necessary to remove the items from the contract that deal with the University Avenue
slipoff until the agreement with MnDOT is executed, and
WHER.EAS; it would be prudent to do the work on 68th Avenue and Arthur Street in the spring.
NOT THEREFORE I^1 IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT:�
1. Contractor shall construct sawed/sealed joints as outlined in the Special Provisions (S-10) and
Appendix A of the original contract document.
2. Contractor shall construct B1018 curb and gutter as per the specif'ications and plans.
3. Contractor shall construct pre-assembled silt fence as needed, per the specifications and
engineering. 4.02
Street Improvement Project ST. 1995 - 1&2
Change Order 1
Page 2
4. University slipoff quantities of items in the contract shall be removed from the contract as shown
in the table below.
5. Contractor shall not do the contract work on 68th Avenue and Arthur Street until the spring of
1996. .
6. Payment for all labor, equipment and materials to c�nstruct the work shall be per negotiated prices
as shown in the table below:
�.. ..
- Estimated
Item �(luantitv Unit Price �Il�
2531.501 Concrete curb & gutter design B1018 130 LF 15.00 1,950.00
0331.603 Sawed/sealed joint 2,800 LF $3.25 $9,100.00
2573.502 Silt fence, type pre-assembled maintained 250 I.F 2.00 500.00
TQTAL ADDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �11_550.00
1-. _. .�
TOTAL DEDUCTIONS $15,227.15
TOTAL CHANGE ORDER -3,677.15
4.03
Street Itnprovement Project ST. 1995 - 1&2
Change Order 1
Page 3 =
7. Contractor will not make any claims of any kind or character for any other costs or expenses that
may have been incurred or which may hereinafter be incurred in performing the work of furnishing
and installing the materials, labor, and equipment required by this requirement.
� � _- �_� \ • t � �
Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $573,282.80
Contract - Change Order
No. 1 (DEDUC� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,677.13
REVISED CONTRACT AMOUNT in accordance with unit prices . . . . . . . . . . . $569,605.65
The Contract �me will be extended to June 30, 1996.
Prepared by
Checked by
John G. Flora
Director of Public Works
Approved and accepted this day of , 1995 by
HAKDRIVES, INC.
Approved and accepted tlus day of , 1995 by
CITY OF FRIDLEY
William J. Nee, Mayor
William W. Burns, City Manager
4,Q4
'Englneennc,
Sewer
�Walcr
'Parks
Slreels
Mamtenancc
TO: William W. Bums, City Manager (�� PW95-271
�
FROM: on Wilczek; Assistant Public Works Director
J
Clyde V. Mozavetz, Engineering Assistant
DATE: October 2, 1995
SUBJECT: Request from MnDOT to Post `No Parking" signs on 68th Avenue
between Monroe Street and Brookview Drive and .Arthur Street Between
64th Avenue and Mississippi Street
The above segments of road are to be improved by the City under our 1995 State Aid
project.
State Aid requires a minimum of 38 foot width to permit parking on both sides of the street.
The improvements to Arthur Street and 68th Avenue will result in approximately 32 foot
widths. In order to obtain State Aid approval and funding, the City must post "no parking°
on one side of the street. �
Recommend City Council approve the resolution to post `Yto parking" signs on the above
streets as noted in the attached resolution.
jW:cz
attachment
5.0 i
i�
.i, •.
�.�� �
RE9pI�TI�iT I�U. - 1995
•��: • •: � 1 r: ��• A� �:i� ��� � •;� • ����� � r � •; •, i� : u,� • �
N:ri•�V� � 1.-�• . .���
W�, the "City" has plaruzed the iag�rave�ent of the follvwiux� MSAS street
s�ments :
68th Ave.nue N�o�roe Street to Srookvie�a Drive
Arthur Street 64th Avenue to Mississippi Street
Wi�RE�,B, the "City" will be experr3iryg Municipal Stat�e Aid Ftzt�d.s on Street
I�rovement Project — ST. 1995 - 2, ar�d
�,3, this i�rava�rYt does rr.�t p�wid�e adequate width for parkirig on both sides
of the street, approval of the propo�ed oonstnutiai as a N�.micipa]. State Aid Stre�t
proj ect must therefore be oor�di.tioned upan oertair� parking resfix'ictions, and
Wt�S, the extent of � restrictiaLS tl�at would be a neoessary prer�equisite to
the appraval of this oonstruction as a I�unicipal State Aid project in the "City",
has been deternuned.
I�7W, �, 8E IT I2E90LVED by the City C7otulcil of the City of Fridley that the
City is h�reby authorized to post "No Parkiryg" signs on or� side of the st,re�ts as
noted belaw upon ccg[q�letion of Street Ita�rweament Project — ST. 1995 - 2.
68th Avenue SAP 127-325-02 Sauth Side
�rthur Street SAP 127-336-03 East Side
PASSID A1�ID ADOPi�D BY 7� CITY QO�A�IL �' 7� CITY �' FRZDI�ESC T�IIS ?1�ID �1Y OF
OCI�Offi2, 1995.
�
.� s u M./_ ul': �MM`�«t�l 7;1
.�� � i�+ ►• • •
5.02
TO:
FROM:
DATE:
SUBJECT:
Eng�neennc,
Sewer
Water
Parks
Streets
b'1a�ntenanco
William W. B , 'ty Manager �
0 �
iv�-� -
John G. Flora, Pubhc Works Ihrector
October 2, 1995
Joint Powers Agreement - Osbome Road Improvement
PW95-263
The County has sent us a Joint Powers Agreement for the Osborne Road improvement
project. The project includes medians and widening for tum lanes on Osbome Road
between University East Service Drive and Main Street. ALso included within the project
is an asphalt bike path on the north side of Osbome west of University Avenue.
Previously the City authorized using MSA funds for Osbome Road (July 24, 1995),
authorized posting no parking signs on Osbome Road (July 24, 1995), and approved rider
agreement between the City and the St Paul Water Works (August 14, 1995).
The City's share of the project is estimated at $14,832 within our engineering cost of
$1,186.56 for a total estimate of $16.018.56. State Aid funds have been requested.
The City has received an agreement from the St. Paul Water Works to place the bike path
between their two conduits. This construction will complete the Osbome Road bike path
system and also provide for a east bound right tum lane at the Osbome intersection
Recommend the City Council authorize the Mayor and City Manager to execute the Joint
Powers Agreement for the Osbome Road and Trunk Highway 47 (University Avenue)
intersection improvement project.
JGF:cz
Attachment
6.01
,�
�,
_u •.
�.�. �
�9/l.9/95 16:30 FA� 61Z 754 3532
v
ArOKA GO H�'Y DPT ._ [�1001
/�noka Courity Co�ucact No. 950048
JOINT POWERS AGREEIVIENT _
F4R THE IINII'R4�'F,l1�i�'T OF COUNTY STATE AID HIGHWAY 8
. � . (OSBORNE ROADj � �T THE INTERSECTION OF -
. . � � . . • � 1'ltUNK ��Ii�VAY' 47 (UNIVERSI'I'Y A�'ENI7�� - . • .'. • � . . �. .
� � � � � Project No.�.SP OZ-608-08 � � � � � � � � • � .
THIS AGREEMENT is made and entered intfl this day of 1995
by and hetween the County of Anoka, a poiiticaI subdivision of the State of M'uinesota, 21pQ Third
Avenue, Anoka, Minnesota 55303, hereinafter refened to as the "County," and the City of Fridley, 6431
University Avenue Northeast, Fridiey, Minnesota 55432, hereinafter referred to as the "City, ^
WITNESSETH:
WHEREAS, the parties to .this ,�greement consider it mutualty desirable to reconstruct County
State Aid Highway $(Osborne Road) at Trunk Highway 47 (Llnivecsity Avenue); and
. - WHEREAS, the County Hig&way Deparnnent has prepazed plans'and spe�ificatians for Projeet
No. SP 02-608-08, which plans and specifications aze dated June 8, 1995, and which aze on file in the
. . off'cce of the County Engineer; �and . . . : . • ' •
WHEREAS, the parties_ agree that it is in their best interest that the cost of �aid project be shared, .
together with the shazing af the cost of construction for milling, turn1ane canstruction, bituminous
overlay, bituminous pathway and uaffic signal modification to be covered by this Agreement; and
WFTEREAS, Minn. Stat. § 4TI.59 authorizes polidcal subdivisions of the state to e�er into jaint
gowers agreements for the jourt exercise of powers oommon to each. �
NOW, THEREFORE, it is muiva�(q stipulated and agreed as follows:
I. PURPOSE:
The parties have joined together for the purpose of reconfiguration of the intersection,
modification of the traffic signal system, miscellaneous utiiity relocations and construction of an eight-
foad-wide bituminous pathway on a portion of Osborne Roaci and University Aveaae as described in the
plans and specificaiions numbered SP 02-6pg-08 on file in the office of the County Highway Department
incorporated herein by reference.
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II. METHOD:
ANOKA CO HWY DPT __ ___ C�j 002
- The County shall provide all engineering services and shall cause the construction of
County Project No. SAP 02-608-08 in conformance with said plans and specifications. The advertisement
�for bids and the ac,ceptance of ali bid proposals shait be done. by.the County. .: : ..
III. � C�STS:
A. The cotrtract costs of ihe worlc, or if the work is not contracted the cost of all
Iabar, materials, normal eagineering costs, and equipment rentai required to coonplete the work, shall
constitute the actual "construction. costs" aad shall be so referred to herein. "Fstimated c�sts" aze good
faith projections of the costs which will be incturefl for this project. The estimated constcnction costs
are as outtined ia Exhibit A and in accordance with Exfiibit B, which exbibits aze attached hereto and
incorporated herein. Ac�ua.l � may vary, and those will be the costs for which the City will be
responsible.
B. The estimated cost of the total project �s One Hundred Sixteen Thousand Six
Hundred Forty and 10/100s Doilars ($116,640.10). Participation in the constcuction costs is as follows:
1. Ttie City � shall pay 100% of the watermain and � saaitary sewer
improvements, relocations and adjustmeats. The estimated cast of the utility improvemeirts is �3,130.00.
2. The City shall pay SORb of the cost of concrete curb and gutter constcucted
within the City, excluding the cost of the median curh and gutter. The total project estimated cost of the
concrete curb and gutter constcuctian is $5,089.50, of which the City's estimated share is $1,404.00.
3. The City shali pay 1009b of the bituminous path construction and the curb
removal and restoration required to install the path. The estimated cost of the bituminous path and
associated work is $10,298.00.
4. The County shall acquire right-of-way and pay all right-of-way costs
associated with the project, exce�t any right-of-way which becx�mes necessary due to plan adjustmems
requeste�i by the City. If the City requests an adjustment to the original plans after the date of this
Agreement, than the Ciry shali pay the County ali right-of-way c�sts necessary to accommodate the
requested plan adjustments..
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09/].9/95 16:31 FAX 612 754 3532 A\'OKA CO I{�1'T DPT C�003
C. The total estimated cost to the Ciry for the project is $14,832.00. The City's
participation in engineering will be at a rate oi 8`Yo of their designated share. The estimated cost to the
City for engineering is $1,186.56. Therefore, the estimated City cost of the project is $16,018.56.
__ L',.. Upoa.award of the contract,. the�City sl�all pay to the County, upon writteri
demaind by the Coun#y, 95% of.its total estimated share of $16,OI8.56. Therefore, the.amount due upon
�award shall be �15,217.63: The City's shaze of the cost of the project shall include on(y construction
and engineering expenses and does not include administrative expenses incurred by the County.
E. Upon final completion of the project, the City's share of the construction cost will
be based upon actual construction costs. The batance of the amou� due to the County wiil be adjusted
to account for actual costs.
IV. TERM:
This Agreement shali continue until (1) terminated as provided hereinafter, or (2) until
the constructi�n provided for herein is completed and payment provided for herein is made, whichever
of (1) or (2) shall first ocCur.
V: DISBURSEMENT OF FUNDS:
. All funds disbursed by the County or City pursuarit to.this Agreement shall be disburse�
by each entity pursuant to the method provided by law. .
VI. CONTRACTS AND PURCHASES:
Atl contracts let and purchases made pursuant to this Agreement shall be made by the
County in conformance with state laws.
VII. STRICT ACCOUIVTABII.ITY:
A strict accounting shall be made of all funds and report of all receipts and disbursements
shall be made upon request by either party.
VIII. TERMINATION:
This Agreement may be terminated by either party at any time, with or without cause,
upon not less than thirty (30) days written notice delivered by mail or in person to the ather party. If
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612 754 3532
09/].9/95 16:32 FAR 612 754 3532 ANOKA CO HWY DPT (� 004
notice is delivered by mail, it shall be deemed to be re�eived two (2) days after mailing. Such
termination shall � be effective with respect to aay solicitation of bids or any purchases of services or
gouds which occurred prior to such notice of termination. The City shali pay its pro-rata share of costs
which the County incuned prior to such notice of termination.
IX: SIGNALt�ATIOI�i POWER:� � . - . . . - . . . � � �
The City shall install or cause the installation of an adequate electrical power source to
the service pad or pole, including any necessary extensions of power lines. Upon completion of said
traff'ic control signal installation, the oagoing cost of elearical pvwer to the signal shall be at the cost and
expense of the City.
X. AFFIRMATIVE ACTION:
In accordance with the Count�+'s Affirmative Ac�ion Policy and the County
Commissianers' policies against discrimination, no person shal! illegally be exciuded from full-time
employment rights in, be denied the benefits of, or be otherwise subjected to discrunination in the
program which is the subject of this Agreement on the basis of race, creed, color, sex, sexual orientation,
marital status, public assistance status, age, disability or natioaal origin.
XI. MAINTENANCE '
With the exception of catch basins and catch basin leads, maintenance of the-completed
storm sewer system, biturninous pathway, lighting systems, driveways, sanitary sewer aad water systems
and intemally illuminated sign panels shal! be the sole obligatian of the Ciiy.
XII. NOTICE:
For purpose of delivery af any notices hereunder, the notice shall be effeetive if delivered
to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf
of the County, and the City Manager of Fridley, 6431 University Avenue Northeast, Fridley, Minnesota
55432, on behatf of the City.
XIII. iNDEMNIFICATION:
The City and the County mutually agree to indemnify and hold harmless each other from
any c3aims, losses, costs, expenses or damages resulting from the acts or omissions of the respective
officers, agents or emptoyees relating to activity conducted by either party under this Agreement.
-4-
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09/l.9/95 16:33 FAX 612 754 3532 ANOKA CO HI1'I' DPT ._ �005
N. ENTIRE AGREEMENT/REQUIREMENT OF A WRTTING:
It is undersWod and agreed that the entire agreement of the parties is contained herein and
that this Agreement supersedes ail oral agreements and all negotiations between the parties relating to the
subject matter thereaf, as_well as any..previous agreemetrt pre$endy in effect between the pazties relating :
to the. subject matter thereof. ��Any alterahons, variations oi� modifications of •the �rovisions of this �
Agreement shall be valid on�ly when they have been refluced to writing and duly signed by the parties
herein.
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61� 754 3532
09/].9/95 16:33 Fa� 612 754 3532 ANOKA CO H14Y' DPT
IN WTTNESS WHEREOF, the parties of this Agreement have hereunto set their bands on �e
dates written below.
COUNTY QF ANOKA
By: �. . . - .
Dan Erhart, Chairman
County Boazd of Commissioners
Datefl:
A7"i'EST
sy:
John "Jay" McLinden
Couaty Administrator
Dated:
RECOMMENDID FOR APPROVAL
By:
Jon G. Olson
County Engineer
Dated:
APPROVED AS TO FORM
By:
D� x��t
Assistant County Attorney
Dated:
dk�corttract\ 19951fridleY •.1 P8
C1TY OF FRIDLEY
� -.B�: . .. : � -
Nazne:
Titie: Mayor
Dated:
sy:
Name:
Title: __ �iri_�ger
Dated:
By: - _
l�Tame: �
Title: Citv Engiaeer
Dated:
By:
Name:
Tide: Citv Attorney
Dated:
-6-
6.�7
C� 006
-�c z�-z-�
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09/l.9/95 16:34 FAl 6l2 754 3532 ANOKA CO H�M1'I DPT �J007
EXHIBIT A
I�Iag-9S-_ORI6INAl OAlE;�36=AU6=95�---�-�-!l-S-T R-U.t..TTO N"C�O-5"T-`�P-1Z� ---�---. . .._..._. _ _.. _._
i1:15 AK SAP M0. 11-618-i8� MnDOT SP N0, i2i5-68. fRIDiEY NSAP N0. 121-I21-16
CSAN 8(OS86AME AOA�j AT T.N. 91 (UNIVEASIIY AVE.j
�sssts-s- i�t::�ieesaius��r�:::��cz:si::�sacc��asssf`L�aiisZ_��ssss�i' eiSS��ase�3s::------::z�zaa:zr�-sss�sucLS:uLSCSSSS'SS----+�ssaazaZSSSaszstz
; I I I i ! . I ( I saa ez-6ee-ee � sv e2es=6a � esaa iv-st�-i6 � �
-_�-,---... !. ....___....___--._--------.�-----.I--@NTi�-TOiAC"�U�NTITIE���-A�UA'�{IUlf[1rj�11ITf�FIIINAE2�T1�-tiTY'OF`fRIDIEY-_�.)--
''�� ITEM M0: � ITEM ' � llNIT f COST • jQUANTITI' COST ��QUBNiITY �OSi �QUANTITY COST �QUANIITY COST J� �
;�.�=��n�Lm=====�� ;__=_=_=_�_==�•___=__�.=��=a_�_:, �-_.�.n����--____�-_�----x�--��a���==_
I�; 2011.511 d08ILIiRTION v-'��-lS��li,ee�.6BT 1�1 ,�i48. 8 1 18,eee. 1 8. a 8.81 j� ��
'�� 21i1.5Qi �RfMOVE CURB l�MO 6UTTER � iF ' �5.1� � 38� Z1,91/.68 j� 288 �1�4��.6� � ;6.88 j l64 j526.96 ��
��(� 21/1.565 �RE�IOVE CONCRETE PAVEMENT ( SY � ;3.85 � 284 S1,l93.4H j� 284 51,�93.4Q � �l.6Q � te,�g f�
'jj�ll�.58S �REMOVE`BITUMINOUS-PAVEMENT-"�-$Y� �i:83�i��{��i�(�(-i�i���3��8 .�a-�-------�ed--�-J
,:f�j 21i4.511 �SAWIN6 CONCREiE PAVEMENT � lF � �11.A! � 9 �99.1a �� 9:.: �99.!! � � �6.!! �.. �;1.66 ��
,_��� 21ii.513 �SpWIN6 BITUifIl10US PAVEMENT � Lf � �2.58 � UI f951.1b �) I5 �158.11 � 462 s8{�.1e � �b.s�
�� 2184.523' � SALVA6E CASTI?l6 --- �� ---� -� -EA �'- �---�j82.l8 � i =82.8C 1 Z82.6A jA.l6 � j$.80-(r-
,(J 21i5.5�1 jCONMON EX{AYATION , C9 ( j1.95 � 813 �6�463.35 ,� 167 �3,112.65 � 346 j2�)5Q.1! � ;�.�a
�� 2l3i.5e1 �WBTER � M-fiAl � ;15.Q6 � 5 �115.�E �� 5 �125.l8 � ;Q.4� � ;l.Be ��
; 2211.569 �A66REfiATE 6i1SE �tY)', CL SA`�-�� CY� j21.lt 133 j2,1g3.l1 69. 1,�19./� 54 1,314.a9 a•b� �T`
;�) 2232.591 jNIll BITUlfINOUS SURFACE � SY j �8.45 ( 11148 �9,911.69 �� I1i48 �9,971.6A � ;l.A� � SB•�b j�
'�� 1331.68�_�1` THICK BITUilINOUS WfAR COURSf ! SY � �12.d0 � li8 j8,�96.86 �� 3; f9i8.4i � ;8.99 � 674 �8�/88.�! '�
;� 1348.568 �TYPE 47 WERRIiifi COU9SE NIIITURE � IOh j26.08 � 1383 �31,399.2� 12b6 �33�254.i4 43 �1,135.26 �6.6i
:�� 2319.519 (T1fPf �l 8Ilt0ER COURSE NIXTURE ( TON � =38.9A � 91 �2�730.tb j� d6 �1,381.!! � AS �1,35e./0 � �$.;a ��
"�� 2349.514 �TYPE 31 BaSE tOURSE I!IXiURE �_ TOk_ � Z39.lB � IA3 54,299.8@ �j 81 �2,936.!! � 62 #1,856.A8 � s9•!@
'� 2357.Sa2 �BITUMIMUBS NBTERIAI FOR TIICK t4AT� 6Al �j1.6! 647 =1,135.2A f 594 .: ;95l.19 � 53 j81.8Q �A,�� (� �
�11 ase<.682 �REIOCAiE HYVRANT.S VALVE � EA � t2,356.11 � 1;1,35l.68 f(_�,�_ -;4.ee J 30.69 j. f j1,359.�9.�)
: jj 1Sl6.561 iCONSiRU�T ORN6E. srRUCr., oES. s �(F � f�se.ee: � i.� =f,9se.ee t� _ t.s ti,95Q.oe � ;a.ea � ;e.ee 3i
:! 2516.516 �CASTIHG ASSEMBLY f EA � �149./8 � 2 �986.i4 � T �4$Q.4! � ;@.6A � $Q,88
�j 2586.52I �INSTALL CASTINfi � EA � =254.8i � 1 t251.l6 j� 1 Z25f.le i �g.�@ � $a.�g ��-
�) �5a6.6i2 �BECO�STRUC7 IEpNNOIE � EA � �J89.69 � 1 j789.66 �) =9.99 � �4.@8 � 1 �789.88 j��M.
�, 2521.SA1 (1" CONCRETE WaIK ----•--- � SF j3.55 ( 225 =798.15 �(.. 225 _. jI96.15 � ,�B.Q1 �. ;8.ea i
�i� 1531.581 �CONCREIE C 5 6 OESI6N 8618 ( lf � =13.51 � 114 �1,539.98 j� 18 ;i35.b6 j ;�.@9 j .184 s1,46q.8@ ��
,j( 2531_5l11COACRETf t 6 fi OESI6N D4f8 � lF .( j13.5! J 2b3 ;3,558.5! �� 263 ;3,556:Se � #b !/ � t9 eB �f
':�� 1531.513 �COitCRETE MEOIAN � S9 ( �32.66 ( 113 =5�639.8� �) 173 f5,b39.86 � Z6.i6 � f�.eg
��� i531.6l2 �PEDESTRIaN CURB RAlOP ( EA J =121,94 � 1 ;221.la j� 1 �224.�b j j9.le � ii•$@ ��
�� i565.6l1 �RfVISEO SI6NAl SYSiEM � LS ��16,269.66 � 1;16�211.l8 �� 1.5 Z8�1A9.68 � 4.5 �8,1A6.a8 ( ;9.68 j�
j�515.5Bf JSfEDIN6 -•--- � � AC � Z2,756.6A i.f j275.69 �� j!.!9 8.1 �215.69 Sl.61
jj 2515.562 jSEEU l4TXTURE M0. 199 � l6 � =11.�8 � 1 Z49.84 j� jb.li j � �49.QB j ;8.@g ��
1575.5�5 SOQ9IN6 - TYPf LAWW � SY � Z5.46 � 338 ;1�699.8� �' =0.l1 � �i.96 ' 338 �1.b98.68 (�
f� 2515.511 �MULCH NpTfRIAI - TYPE 1 � TON (;1,1$6.9� � 8.2 j22l.69 �� =@.68 � 6.1 ;22E.88 � t8.89
,j 2515.519 �DISK ANCHORIM6 ��
I�c � tl.iee.ee � e.i ;ii�.ee � � �e.ae �� e.i ;fie.ee � se.ee � �
,( 2515.532 'CONNERC1Al fERT., ANAI. 19-19-18 ' i6 ( �l.ie j S! �55.8@ �� j8.8E � 56 Z55.86 ( ;g,�@ ��_
�258l.5l1 �TEAP08ARY L6NE lIAAKIN6 �RD STA � �6.19 16 S95.iA 16 Z96.aa � ie.6i � Sl.t/ ()
saaaas�ss:�ns_�caatr=_saez__aczr =_osua==acsse_=�ea�ecas=-.oussL��-uzs�zsW=�x =-am�=_aazzL=sza���n�-ss=va�s=�as�=:z��e:=�-xaa
iOTAiS �116,641.1� Z83,568.1! 518,2A�.BA ��1#,8�2.98
• 1 :
612 754 3532
09/].9/95 16:35 FA\ 612 754 3532 :LNOKA CO HW) DPT
E�Brr 6
f�j o o s_
COST-SHARING AGREEMEI�T
FOR PROJECTS CONSTRUCTID IN ANOi:A COiJI\'TY
USING COiJI�TY STATE AID FUNDS OR LOCAL TA,X LE�'Y DOLLARS
iTEMS COIJNTY SFTARE �ITY SHARE
Bi3:ewaps �
100 5'a
Concrete Curb and Gutter
Concreie Sidewatk
Concrete Sidewalk Replacement
Concrete G�rb and Gutter for ivtedian Constructioa
Coflcrete Median
Construction or Adjustment of Loc,al Utilities
Grading, Base and Bituminous
Storm Sewer
Driveway Upgrades
Traffic Signals (communities largar than 5,000)
Traffic Signais (communities less than 5,000)
EngineeJiag Services
Rieht-of-Way • .
SU Sb
0
lOQ 96
100 �
1fl0 S6
0
10090
based on state aid letter'"2
0'"�
1/2 the cost of its
legs af the intersection
lOQ90
*+
i00 %
50 Sn
l00 Yo
0
d
�*i
100 Sb
0
based oa state aid letter'��
100 Yo
the cost of its legs of
t6e inter.section plus i!2
the cost of the Couaty Iegs
of the intersection
0*'
�
a*�
Street Lights fl ' i00 %
'"� The Couaty pays for 1009� of a Standard Mediaa Desiga svch as plaia concrete. If a Iocal unit of goveramr,nt requests
decorative median such as red brick, sramped concrete. or exposed a�regate concrete, the loca] unit will pay the additional
cost abova the cost of staadard median.
*:
�
�
In ihe event ao State Aid is being used, drainage cost shares wiJl be computed by proportior�s of totat area to Connty arsa
whare the area of the road rigbt-of-way is doubied prior to perfocmauco of the calculations.
In cities less t3�an 5,000 people the County pays for I00 Ro of the cost of the t:affic signal effective March 1986. 'The Couary
collects oa behal f of the cities (less thaa 5,000) "Municipal State Aid DoUars" sunce they do not thcroselves qualify for state
aid fviids. These funds are used to pay the City Share. _
Bngineering shail be paid by the Lead Ageacy excopt that aay participating agency will pay construciion engine,�rin� in tha
amouat of 8� of the construction costs paid by t6at ageacy.
*s In the event that the Townshi or Cit
P y requosts purch�se of right-of-way in excess of those right-of-ways rr,qui�ed by Couaty
constroction, the Township or City partirapates to the ezteat an agroement caa be reached in these properties. For instance�
a Township or City may request a sidewalk be cvnstructed aJongsidea Couaty roadway which woa]d require additional right-
of-way� irt whiah case the Township or City may pay for that portion of the right-of-way-. Acquisition of righi-of-u�a}� for
new aIigamenLs shall be the respoasibility of the Towasbip or Ciry in which the alignment is located. This provision may
be waived by agreeraent with ihe County Board if the roadway replaces an exiscing ali�nment and the {ocal unit of
government tal:es jurisdiction of that exisiing alignmant. In addition, any costs, including right-of-way costs, incurred by
the County because a Township or City did not acquire svf6cient right-of-way during the ptatting process or radevelopmtnt
process s�ail be paid by the Township or City.
"i6 The Couniy wii! replace aIl driveways in-l:ind. Upgrades in surfacing (i.e. gravef to bituminous, bituminous to concrete)
shall be at 100 % expease to the Township or Cicy.
dklawnNfe,rnvwslri+c,R,.l1 /RAS
6.09
MEMORANDUM
TO: WILLIAM W. BURNS, CTi'Y MANAGER �I
��.
• CHUCK MCKUSICK, FIRE CHIEF �
FROM.
SUBJECT: C.LP. PROJECT 287
Dp�; SEPTEMBER 27, 1995
The five year Capital Improvement Plan identified $36,000 for installation of 4 new, and upgrade
of seven existing Emergency Vehicle Preemption systems on signal controtled semaphores in the
City. In response to publication of the Notice to Bidders, five (5) contractors requested
specifications for the project. Two (2) of those contractors submitted bids (see attached bid list).
Collins Electrical Systems, Inc. submitted the lowest bid at $30,590.
Staff recommends that the City Council receive the bids and award the contract for Project 287 to
Collins Electrical Systems, Inc. in the amount of $30,590.00.
cc: Bob Nordahl, Engineering Dept.
Kevin Swanson, Fire Dept.
Dir: Project95.287
7.01
City of Fridley Fire Department
B1D FOR PROPOSALS
EVP COMPLETE INSTALLATION AND UPGRADES
PROJECT #287
Wednesday, September 27, 1995, 10:00 a.m.
< : _,
_ , : ;: :.:;:::
,
` H LDER. .: ....: _ SID . B .O:ND . : : TOTAL BID ! ::::'°: �UMMENTS <>::
PLAN O
:.; <.. :.
King Electric No Bid Bond $44,777
PO Box 32751
Fridley MN 55432
Collins Electrical Systems Inc. Sedgwick, $30,590
4990 N. Hwy. l69 James of MN
New Hope MN 55428 S%
Egan McKay Electrical
Contractors, Inc. No Bid
7100 Medicine Lane Rd.
Mpis MN 55427
Kilmer Electric No Bid
9702 85th A�e. N.
PO Box 246
Osseo MN 553b9
Design Electr'ic No Bid
PO Box 1252
County Rd. 75 & I-694
St Cloud MN 56301
�l � �.
are
�
7.�2.
� 5 YEAR CAPITAZ IMPAOVEMENT PLAN
BUDGET 1995
City of Fridley
State of Minnesota .
Streets Capital Improvements
� 1995
Beginning Balance
Revenues
Funds Available
Projects
Ending Balance
Beginning Balance
Revenues
Funds Avaitable
Proiects . -
End mg Balance
Beginning Balance
Revenues
Funds Available
Projects
Ending Balance
Interest Income
Minnesota State Aid — Construction
Total Revenues
1995 Overlay Program
1995 Sealcoat Program
� 1995 Street Reconstruction Project
Signal (EVP) Improvements
Total Projects
1996
Interest Income �
Minnesota State Aid - Construction
Total Revenues
East River Road Median Upgrade
1996 Overlay P�ogram
1996 Sealcoat Prograrn
1996 Street Reconstruction Program
Signal (EVP) Improvements .
Total Projects
1997
Interest Income
Minnesota State Aid — Construction
Total Revenues - - .
t 997 Sealc�at P�ogram
1997 Street Reconstruction Project
Signal (EVP) Improvements
Total Projects .
7.03
202
0
$4,738,202 j
189,528
650,000
839,528
5,577,730
90,000
140,000
500,000
36,000 ,
- 766,000
$4.811.730
$4,811,730
192,4bYJ
��� I
842,469 I
5,654,199 i
55,000 !
100�000
146,000
500,000
40,000
841,000 +�
I
E4.813.199 ,
$4,813,199
192,528
555.000
747,528
5.5G0.727 �
160,OOQ
500.000
48,000
708,000
54.852.727
TO: WILLIAM W. BURN5, CITY MANAGER n r��
�'
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: RESOLUTIO�1 INITIATING THE PROCESS FOR THE SALE OF
THE CTTY'S $4,090,040 GENERAL OBLIGATION TEMPORARY
TAX INCREMENT BONDS, SERIES 1995A
DATE: September 28, 1995
With the upcoming maturity of the City of Fridley's $4,030,000 General Obligation
Temporary Tax Increment Bonds, Series 1992C, staff is recommending the reissuance of one
more temporary bond sale.
This bond will be used to provide funds for the maturity of the existing bond. It is
anticipated, in the very near future, that a land sale for Lake Pointe will take place under
a comprehensive development agreement providing sufficient funds for an early ca11 on the
bonds.
Staff is recommending that Council approve the following Resolution that will set a bond
saIe for the Council Meeting of October 23, 1995.
RDP/me
Attachment
$.� �
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 called and held at the Fridley Municipal Center
on October 2, 1995, commencing at P.M., C.T.
The following Councilmembers were present:
and the following were absent:
Councilmember 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 INITIATING THE PROCESS FOR THE SALE
OF THE CITY'S $4,090,000 GENERAI, OBLIGATION
TEMPORARY TAX INCREMENT BONDS, SERIES 1995A
BE IT RESOLVED by the City Council of the City of
Fridley, Minnesota, as follows:
1. It is hereby determined:
(a) The Council believes it to be in the City's best
interest to consider a refinancing of the City�s General
Obligation Temporary Tax Increment Bonds, Series 1992C, dated
December 1, 1992, issued and sti11 outstanding in the original
principal amount of $4,030,000 (the "Prior Bonds").
(b) The Prior Bonds mature on December 1, 1995, in the
aggregate principal amount of $4,030,000.
(c) It would be advantageous for the City to issue its
General Obligation Temporary Tax Increment Bonds, Series 1995A
(the "Bonds"), pursuant to Minnesota Statutes, Section
469.178, Subdivision 5, and Chapter 475, to provide moneys for
a refinancing of the Prior Bonds.
301520.1
8so�
(d) The City has retained Springsted Incorporated, in
Saint Paul, Minnesota, as its independent financial advisor
for the Bonds and is therefore authorized to sell the Bonds by
a competitive negotiated sale in accordance with Minnesota
Statutes, Section 475.60, Subdivision 2(9).
2. The terms and conditions of the Bonds and the sale thereof
are fully set forth in the "Terms of Proposal" attached hereto as
Exhibit A, and the Council shall meet at the time and place
specified therein for the purposes of considering the bids for the
purchase of the Bonds and considering the award of the sale of the
Bonds.
Adopted on October 2, 1995, 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
adopted.
said resolution was
301520.1
8.03
declared duly passed and
Exhibit A
THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS
ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS:
TERMS OF PROPOSAL
$4,090,000
CITY OF FRIDLEY, MINNESOTA
GENERAL OBLIGATION TEMPORARY TAX INCREMENT BONDS,
SERIES 1995A
(BOOK ENTRY ONLY)
Proposais for the Bonds wili be received on Monday, October 23, 1995, until 11:00 A.M.,
Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint
Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award.
of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the same day.
SUBMISSION OF PROPOSALS
Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted.
Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the
time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal
price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in #he
submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach
Springsted prior to the time of sale specified above. Proposals may also be filed electronically
via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal,
within a one-hour period prior to the time of sale established above, but no Proposals will be
�eceived after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules
of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be
obtained from PARITY and such fee shall be the responsibility of the bidder. For further
infiormation about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE,
Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor
Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders
are advised that each Proposal shall be deemed to constitute a contract between the bidder
and the City to purchase the Bonds regardless of the manner of the Proposal submitted.
DETAILS OF THE BONDS
The Bonds will be dated November 1, 1995, as the date of original issue, and will bear interest
payable on May 1 and November 1 of each year, commencing May 1, 1996. Interest will be
computed on the basis of a 360-day year of twelve 30-day months.
The Bonds will mature November 1, 1998.
BOOK ENTRY SYSTEM
The 8onds will be issued by means of a book entry system with no physical distribution of
Bonds made to the public. The Bonds will be issued in fully registered form and one Bond,
representing the aggregate principal amount of the Bonds maturing in each year, will be
registered in the name of Kray & Co. as nominee of Midwest Securities Trust Company
("MSTC"), Chicago, Illinois, which will act as securities depository of the Bonds. Individual
purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof
8:04
of a single maturity th�ough book entries made on the books and records of MSTC and its
participants. Principal and interest are payable by the registrar to MSTC or its nominee as
registered owner of the Bonds. Transfer of principal and interest payments to participants of
MS�C will be the responsibility of MSTC; transfer of principal and interest payments to
beneficia( owners by participants will be the responsibility of such participants and other
nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be
required to deposit the Bonds with MSTC.
REGISTRAR
The City will name the registrar which shall be subjeat to applicable SEC regulations. The City
will pay for the services of the registra�.
OPTIONAL REDEMPTION
The City may elect on May 1, 1996, and on any day thereafter to prepay Bonds due on
November 1, 1998. Redemption may be in whole or in pa�t and if in part, the City will notify
MSTC of the particular amount to be prepaid. MSTC will determine by lot the amount of each
participant's interest to be redeemed and each participant will then select by lot the beneficial
ownership interests to be redeemed. All prepayments shall be at a price of par plus accrued
interest.
SECURITY AND PURPOSE
The Bonds will be general obligations of the City for which the City will pledge its full faith and
credit and power to levy direct general ad valorem taxes. In addition the City will piedge tax
increment income received from the City's Housing and Redevetopment Authority. The
proceeds will be used to refund the City's $4,030,000 General Obligation Temporary Tax
Increment Bonds, Series 1992C, dated December 1, 1992.
TYPE OF PROPOSALS
Proposals shall be for not less than $4,059,325 and accrued interest on the total principal
amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in
the form of a certified or cashier's check or a Financial Surety Bond in the amount of $40,900,
payable to the order of the City. If a check is used, it must accompany each proposal. If a
Financial Surety Bond is used, it must be from an insurance company licensed to issue such a
bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to
Springsted Incorporated prior to the opening of the p�oposals. The Financial Surety Bond must
identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the
Bonds are awarded to an undenariter using a Financiat Surety Bond, then that purchaser is
required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's
check or wi�e transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central
Time, on the next business day following the award. If such Deposit is not received by that
time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement.
The City will deposit the check of the purchaser, the amount of which will be deducted at
settlement and no interest will accrue to the purchaser. In the event the purchaser fails to
comply with the accepted proposal, said amount will be retained by the City. No proposal can
be withdrawn or amended after the time set for receiving proposals unless the meeting of the
City scheduled for award of the Bonds is adjoumed, recessed, or conti�ued to another date
without award of the Bonds having been made. A single rate of interest shall be specified. The
rate shall be in an integral multiple of 5/100 or 1/8 ofi 1%. Bonds of the same maturity shall
bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals
will be accepted.
8:85
AWARD
The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true
interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in
accordance with customary practice, will be controlling.
The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of
matters relating to the receipt ofi proposals and award of the Bonds, (ii) reject all proposals
without cause, and, (iii) reject any proposal which the City determines to have failed to comply
with the terms herein.
BOND INSURANCE AT PURCHASER'S OPTtON
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment
therefor at the option of the underwriter, the purchase of any such insurance policy or the
issuance of any such commitment shall be at the sole option and expense of the purchaser of
the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of
insurance shall be paid by the purchaser, except that, if the City has requested and received a
rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating
agency fees shall be the responsibility of the purchaser.
Failure of the municipal bond insurer to issue the policy after Bonds have been awa�ded to the
purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on
the Bonds.
CUSIP NUMBERS
If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the
Bonds, but neither the failure to print such numbers on any Bond nor any e�ror with respect
thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the
Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers
shall be paid by the purchaser:
SETTLEMENT
Within 40 days fotlowing the date of their award, the Bonds will be delivered without cost to the
purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be
subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan,
Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing
papers, including a no-litigation certificate. On the date of settlement payment for the Bonds
shall be made in fede�al, o� equivalent, funds which shall be received at the offices of the City
or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms
of payment for the Bonds shall have been made impossible by action of the City, or its agents,
the purchaser shall be liable to the City for any loss suffered by the City by reason of the
purchaser's non-compliance with said tecros for payment.
CONTINUING DISCLOSURE
On the date of the actual issuance and delivery of the Bonds, the City wi{I execute and deliver a
Continuing Disclosure Undertaking whereunder the City will covenant to provide, or cause to be
provided, annual financial information, including audited financial statements of the City, and
notices of certain material events, as specified in and required by SEC Rule 15c2-12(b)(5).
; ! .
OFFICIAL STATEMENT
The City has authorized the preparation of an Official Statement containing pertinent
information relative to the Bonds, and said Official Statement will serve as a nearly-final Official
Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission.
For copies of the Official Statement or for any additional information prior to sale, any
prospective purchaser is referred to the Financia! Advisor to the City, Springsted Incorporated,
85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000.
The Official Statement, when fu�ther supplemented by an addendum or addenda specifying the
maturity dates, principal amounts and interest rates of the Bonds, together with any other
information required by law, shall constitute a"Final OfFcial Statement" of the City with respect
to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any
undenrvriter or underwriting syndicate submitting a proposat therefor, the City agrees that, no
more than seven business days after the date of such award, it shall provide without cost to the
senior managing underuvriter of the syndicate to which the Bonds are awarded 150 copies of
the Official Statement and the addendum or addenda described above. The City designates
the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent
for purposes of distributing copies of the Final Official Statement to each Participating
Underwriter. Any undenroriter delivering a proposal with respect to the Bonds agrees thereby
that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall
enter into a contractua� relationship with aA Participating Underwriters of the Bonds for purposes
of assuring the receipt by each such Participating Underwriter of the Final Official Statement.
Dated October 2, 1995
�i:�7
BY ORDER OF THE CITY COUNCIL
/s/ William Champa
City Clerk
�
�
CffY OF
FRIDLEY
ASTECH Corporation
P.O. Box 1025
St. Cloud, MN 56302
ESTIMATES
OCTOBER 2, 1995
1995 Street Improvement (Sealcoat)
Project No. ST. 1995 - 10
FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,502.56
Standard Sidewaik
29635 Neal Avenue
Lindstrom, MN 55045
1995 Misceilaneous Concrete Curb,
Gutter & Sidewalk
Project No. 275
Estimate No. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,556.45
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Boulevard
Coon Rapids, MN 55435-5489
Services Rendered as City Attorney
for the Month of August, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,032.22
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of August, 1995
10.01
. . . . . . . . . . . . . . . . $ 14,467.50
CITY OF FRIDLEY
PUBLIC WORKS DEPAR.TMENT
. ENGINEERING DIVISiON
: � � . � � � � � � � � 6431 University Avenue N.E: � � . � . • _ • '
Fridley, Minnesota 55432 � .
September 11, 1995
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:
.
- - � � � - , �- i
We hereby submit the Final Estimate for 1995 Street Improvement (Sealcoat)
Project Na ST. 1995 - 10, for ASTECH Corporation, P. O. Bos 102v, S�. Cloud,
MN 56302.
We have viewed the work under contract for the construction of 1995 Street
Improvement (Sealcoat) Project No. ST. 1995 - 10 and find that the same is
substa.ntially 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 September 3, 1995.
Respectfully submitted,
L ��
ohn G. Flora
Director of Public Works
JT:cz
Prepared
Checked
10.02
September 11, 1995
To: Public Works Director .
City of �Yidley
. .�• � � �_ ' � �'
� _ �� �
, � ' �u!' � � _ �_ �M _ _�__. � � ' � � 1- - , � ' ' �
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 eontractor should receive a reduced�price has beefl agreed upon by the :�
contractor: . • • • � . � � '. . . •
So, therefore, �ive 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 September 3.� 1995.
Jon Th , Construction In ector
P.
Contractor R,epr ntative, � e) �
10.03
September 11, 1995
�City..of �idiey . �. '. � • . , : .. . . . - . - � . . - .
199� STREET IMPROVEMENT (SEALCOA7� PROJECT NO. ST. 1995 - 10
. _ � ��_ �; �.
This is to certify that items of the work shown in the statement of work certif'ied
herein have been actually furnished and done for the above-mentioned projects in
accord�nce with the plans and specifications heretofore approved. The final contract
. � � = cos� is $50,Q51:09 and �he final p�yme�.t. of $2,502.56. for t�e .improvement projec� � � -
.. .�'- woiil� cove'r iri full, the co�itractor's�clairiYS against the. City for all labor, materials aiid.� . ...
_ . . . . .
.
_ . � . _ .. . . . . �
. .
. .
. . . _ . .
�• other �work down by the contractor under this project. ' �
I declare under the penalties of perjury that this statement is just and correct.
ASTECH CORPORATION
`�� � � -
10.04
September 11, 1995
.City of �it�ley - � : - . � . . . . � . . . _ : .. . . . . . .. . . .
1995 STREET IMPROVEMENT (SEALCOAI� PROJECT NO. ST. 1995 - 10
PftEVAILING WAGE VERIFICATION
This is to certify that ASTECH Corpora�ion has abided by the Prevailing Wage
Provisions as specified by the Minnesota Department of Labor and Industry for Anoka
County.
�� . I dec�are under �tfie penalties of perjury that t�iis st,atement is:just. and correct. .-
ASTECH CORPORATION
�
� 10.05
FROM: City of Fridley
Engineering Division
TO: Honorable Mayor and City Council
City of Fridley
6431 University Ave, NE
Fridley, MN 55432
Dated: October 2, 1995
CITY OF FRtDLEY
PUBLIC WORKS DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MINNESOTA 55432
RE: Estimate No. 2 FINA�
Pe�iod Ending: September 30, 1995
FOR: ASTECH
POBox1025
St. Cloud, MN 56302
STREET lMPROVEMENT PROJECT (SEALCOAT)
PROJECT NO. ST. i 995 — 10
City: 408-00-06-415-4530-9522 $1,876.92
MSAS: 408-00-06-415-4530-9523 $625.64
STATEMENT OF WORK
A. Sealcoat with FA-3 Modified
(0.35 ga!/sq yd of emulsion and 3U Ib/sq yd of
crusfied granite aggregate)
6. Sealcoat with FA-2 � -
: (0.25 gal/sq yd�of.eniulsion�and201b/sq yd.of •
� . cr�shed.granite.aggregate.): _ �. � .. ' �
C. Sweep Before Sealcoat Applied � �
D. Sweep After Sealcoat Application
E. 30 in. x 30 in. "loose Rock" signs
32, 010
28, 517
60,527
60, 527
15
0.7760 i SY
24,839.76
0.6880 SY 19,619.70
0.0200 SY � 1,210.54
0.0590 SY 3, 571.09
54.0000 Each 810.00
TOTAL TH1S ESTIMATE $50,051.09
10.06 ��::� �
ASTECH
ESTIMATE NO. 2 FINAL
SUMMARY:
Original Contract Amount
Contract ad.ditions
Contract �iiecJucfions — � �
Revised contract amount
Value Completed To Date
Amount Retained (0%)
Less Amount Paid Previously
AMOUNT DUE THIS ESTIMATE
CERTIFICATE OF THE CONTRACTOR
$50,051.09
50,051.09 .
50, 051.09
0.00
47, 548.53
$2, 502.56
PAGE 2
I hereby certify that the work performed and the materials supplied to date under the terms of the contraet
fo� this project, and all authorized changes thereto, have an actual value unde� the contract of the amounts
&ho�uvn. on tFiis estiinate (�nc! the final quantities on the final estimaie �re:carrec�), anc! tfiat this estimate is
just-and corr.ec.t �nd no part of the' mour�t Ou�e•This :Estirrrate`has been �ec�eive�l: :' :-. . .•_ -•� _
By � �- � � - r. : � . - - - � - �
Contractor's Auth i ed Represe�t ti (Title)
CERTIFICATE OF THE ENGINEER
I hereby certify that I have prepared or examined this estimate, a�d that the contractor is entitled to
payment of this es#imate under the contract for reference project
CITY OF FRIDLEY, 1NSPECTOR Date: �[��/��
By
Ch�
10.07
Respectfully submitted,
U
John G. Flora, PE
Director of Public Works
� _
_
.
DATE:
TO:
FROM:
Community Development Department
HOUSING AND REDEVELOPMENT AUTHORITY
City of Friclley
September 28, 1995
William Burns, City Manager ����
Barbara Dacy, Community Development Director
Grant Fernelius, Housing Coordinator
SUBJECT: Public Hearing to Consider
Replacement District Plan
Replacement District No. 1
Backctround
Adoption of the Housing
and Creation of Housing
As you know, over the last two years the HRA has acquired a number of
blighted homes under its scattered site acquisition program. Staff
is pleased to r+eport that a total of 13 properties have been acquired
so far and 6 lots were sold with 5 new homes are under construction.
With the exception of 5 lots, the remaining 2 sites will be sold this
fall.
While this program has been successful in removing blight and helping
to improve neighborhoods, it is expensive. The cost to acquire and
remove severely deteriorated housing far exceeds what can be recouped
by selling the land. Below is a brief summary of the average costs
incurred for a typical acquisition:
Appraisal
Acquisition
Demolition
Well Cappinq
Asbestos Removal
Other Environmental
Misc. Cost
(Fuel Oil Clean Up)
$280
$39,800
$3,970
$255
$190
$400
450
$45,345
The lots have sold for an average of $9,900 leaving a
$35,000+ per property. With diminishing federal an
for these types of projects and no means to fill the
be limited in the total number of acquisitions it ca
y1.01
shortfall of
d state resources
gap, the HRA will
n undertake.
Housing Replacement Program Memo
September 28, 1995 - Page 2
Purpose of Proqram
The Housing Replacement Program (HRP) provides the mechanism for
closing the gap. In conjunction with the cities of Crystal,
Minneapolis and St. Paul, the City of Fridley successfully received
state approval of special legislation to create the Housing
Replacement Program. The progra� is essentially a tax increment
financing district tailored to the needs of the scattered site
program. The program allows the HRA to designate up to a total of 50
parcels over a ten year period, beginning in 1995. The HRA can then
collect the tax increment generated by the new structure. less the
land value, for 15 years.
The taxes on the land will continue to be paid to the various taxing
jurisdictions. The tax increment from the new home (structure only)
would be placed in a special revolving account and designated for
future site acquisition. After 15 years the parcel would be returned
to the regular tax rolls. Attached as Exhibit A is an exa�ple af how
the program will work. Although the amount of tax incre�ent does not
recoup the entire investment, it does help recover about a third of
the costs.
It is important to point out that without the Housing Replacement
Program/Scattered Site Acquisition Program the development would
probably not occur. The sites would continue to decline in both
condition and value. The cost of rehabilitation often exceeds the
value of the property. In addition, it is unlikely that the private
market would invest the money in acquisition, site clean up and
removal of substandard property to create a buildable site. With the
HRP, the property values will increase and hopefully have a positive
impact on the surrounding properties.
Proposed Sites for 1996
8 sites have been identified for Phase I of the program which will
begin in 1996 (see attached map and address list). The legislation
allows vacant parcels to be included in the program, in addition to
substandard properties. We should also clarify that the two Hugo 5t.
lots will not be sold this fall. The HRA has purchased the home at
530 Hugo St. (scheduled to close this October) and staff is proceeding
with an additional property acquisition. If possible, the HRA may
combine several parcels to create an additional building site.
Approval Process
On September 14, 1995 the Fridley HRA approved a resolution adopting a
Housing Replacement District Plan and Housing Replacement District No.
1 which identifies the first group of parcels to be included in the
program. Attached as Exhibits B and C are copies of the Housing
11.02
Housing Replacement Program Memo
September 28, 1995 - Page 3
Replacement District Plan and the resolution approving the district.
Recommendation
At this time, staff is only requesting that the Council conduct the
public hearing on October 2nd and consider formal approval of the
resolution enacting the program on October 16, 1995.
GF/
M-95-511
11.03
�
I.
Exhibit A
Calculation of Tax Increment
Old House
Land Value $19,800
Structure Value 23 800
Market Value $43,600
Tax Increment
New Market Value Tax Capacity
Less Original Land Tax Capacity
Captured Tax Capacity
Avg. Tax Rate
Tax Increment
Total Tax Increment ($1,486 x 15 yrs.)
Present Value 1996 Dollars
II. Benefit of Program
Acquisition
Land Sale Income
Tax Increment (Present Value)
Total Shortfall
New House
$19,800
87 986
$107,786*
$1,436
198
$1,238
1.20
$1,486
$22,290
$13,117
$45,345
$9,900
13 117
($22,328)
Notes: *- Based on the average sales price of the
five homes already under construction.
11.04
,
EXHIBIT B
CITY OF FRIDLEY
COIINTY OF ANORA
STATE OF MINNESOTA
RESOLUTION NO.
A RESOLIITION APPROVING AND ADOPTING A-HOIISING .'
REPLACEMENT DISTRICT PLAN AND CREATING HOIISING '
REPLACEMENT DISTRICT NO. 1
BE�IT RESOLVED by the City Council (the "Council") of the City of
Fridley, Minnesota (the "City"), as follows:
Section 1. Recitals. - " • � ��
1.01�. . It lias .been proposed �by �the :Housing and Redevelopment
Authority in a�nd for the City of Fridley (the "Authority" ) that �the
Council approve and adopt a Housing Replacement District Plan (the
"Plan") and create Housing Replacement District No. 1(the
"District"), pursuant to and in accordance with Laws of Ntinnesota
1995, Chapter 264, Article 5, Sections 44 through 47, inclusive, as
amended and supplemented from time to time.
1.02. The Council has performed all actions required by law to be
performed prior to the approval and adoption of the Plan and the
creation of the District.
I.03. The Council has approved its Resolution No. 43-1995, a
Resolution Approving the Special Laws Authorizing the Creation and
the Implementation of a Housing Replacement Program.
I.04. The Council has determined that it is necessary and in the
best interests of the City and the Authority at this time to
approve and adopt the Plan and create the District to achieve the
City's and Authority's goal of acquiring blighted, undeveloped or
underdeveloped parcels for redevelopment or rehabilitation, and for
resale as market rate housing.
Section 2. Findinqs.
2.01. The Council hereby finds, determines and declares that the
adoption and implemen�ation of the Plan is necessary to assure the
dev�lopment and redevelopment of market rate housing within the
City.
2.02. The Council hereby finds, determines and declares that the
Plan conforms to the comprehensive plan of the City for the
development and redevelopment of the city as a whole.
11.05
Page 2 - Resolution No.
2.03. The Council hereby finds, determines and declares that the
Plan affords maximum opportunity consistent with the needs of the
City as a whole for development and redevelopment within the
District by private enterprise. �
. 2.04.: The Council hereby.-�inds, detexmines and dec],ares that the �
approval and `adoption of the P1an and �the. creation of the Distri:ct
is intended and, in the judgement of this Council, its effect will
be to promote the purposes and objectives specified in this Section
2 and otherwise promote certain public purposes and accomplish
certain objectives as specified in the Plan. �
2.05. The Council�hereby finds, determines and declares that the
City made the above findings stated �in this Se.ction 2 and�has set •
forth .the reasons and supporting facts for each determi.natipn in
the Plan.�arid Exhibi�t A o� 'this Resolutiqn. � � �
Section 3. Adoption and Anproval of tlie Plan.� �. '_ :
3.01. The�Housing Replace�ent District Plan is hereby approved
and adopted by the Council of the City.
Section 4. Creation of the District.
4.01. Housing Replacement District No. 1 is hereby created by
the Council of the City.
Section 5. Filinct of Plan.
5.01. Upon approval and adoption of the Plan, the City shall
cause said Plan to be filed with the Minnesota Department of
Revenue.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY THIS DAY OF
, 1995.
WILLIAM J. NEE - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
11.06
Page 3 - Resolution No.
EXHIBIT A
The reasons and facts supporting the findings for the proposed
Housing Replacement District Plan for Housing RegZacernent
District No. 1 as required pursuant to Minnesota Statutes,
_.. Se�tion�: 469.175, Subdivision 3_, are. as follows: ��. .
1. Finding that the proposed development or redevelopment,�in
the opinion of the City Council, would not occur solely
through private investment within the reasonably foreseeable
future and that the increased market value of the site that
could reasonably be expected to occur without the use of tax
. increment financing would be less than the increase in the
masket value estimated to reSUlt from the proposed . �
� development after subtracting the�p�resent value of the �
� proj ected tax �increments for the maximum duration •of the. ��•
� distric� permitted by tfie plan.. ��. . �'
These.properties are vacant or contain vacant structures or
blighted structures. The costs of acquisition, demolition
and site preparation of these sites exceeds their market
values as buildable sites. See Schedule 1.
2. Finding that the proposed Housing Replacement District Plan
conforms to the general plan for the development and
redevelopment of the city as a whole_
The Authority and the City have reviewed the proposed
Housing Replacement District Plan and have determined that
it conforms to the general plan for the development and
redevelopment of the city.
3. Finding that the proposed Housing Replacement District Plan
affords maximum opportunity consistent with the sound needs
of the City_ as a whole for development and redevelopment
within Housing Replacement District No. 1 by private
enterprise.
The City is attempting to have undeveloped, underdeveloped
and blighted properties converted into buildable sites for
moderately priced single family housing. The Housing
Replacement District Plan helps achieve this housing and
planning goal by offering these sites to private developers
for the construction of single family homes. These new
homes will greatly increase the market value of the
individual sites and will help prevent the spread of
blighting influences in the neighborhoods in which they are
located.
11.07
Page 4 - Resolution No.
SCHEDULE 1
Because the private sector cannot economically develop or
redevelop these parcels, it is assumed that they will remain in
their current condition. As a result, there would be.no ixicrease,.
in.the�.market value without the'use of tax increment assistance. �
Estimated Market Value
Less Original Market Value
Increased Market Value
$i6o,1o0
($160,100)
$ -0-
With�tax increment assis�ance it is anticipated t�at these
. parcels will be acquired.:and existing houses either rehabilitated
or.demolished and rebuilt. � _ -
Estimated Market Value
Less Original Market Value
Increased Market Value
Less Tax Increment PV
Net Increased Market Value
11.08
$585,000
($160,100)
$424,900
($ 52,268)
$372,632
EXHIBIT C
HOUSING REPLACEMENT DISTRICT PLAN
FOR .
HOUSING REPLACEMENT DISTRICT NO. 1 �.� �'
THE HOUSING AND REDEVELOPMENT AUTHORITY
In And z�F'or
THE CITY OF FRIDLEY, MINNESOTA
OCTOBER 16, 1995
a
Prepared by:
Casserly Molzahn & Associates, Inc.
Suite 1100 Southpoint Office Center
1650 West 82nd Street
Bloomington, MN 55431-1299
(612) 885-1298
11.09
MUNICIPAL ACTION TAKEN
Based upon the statutory authority provided by Laws of Minnesota
1995, Chapter 264, Article 5, Sections 44 through 47, the Housing
Replacement District Plan was approved and Housing Replacement
District No. 1 was created.
. T�e following.municipal,action was taken ih�.connectiori therewith:
October 16, 1995: The Housing Replacement District Plan,
including Phase I,. was adopted.
1�.�a
TABLE OF CONTENTS
This Table of Contents is not part of the Housing Replacement
District Plan; it is only for convenience of reference.
ARTICLE I.
HOUSING REPLACEMENT bISTRICT PLAN
Section 1.1. Definitions
Section 1.2. Statutory Authorization
Section 1.3. Statement of Objectives
Section 1.4. Statement of Compliance
Section 1.5. Criteria for Inclusion in the District
Section 1.6. Conditions for Acquisition
Section 1.7. Proposed Development Activity
Section 1.8. Estimated Project Costs •
Section 1.9. Estimated Sources of Revenue
Section 1.10. Estimated Impact
Exhibit I-A Estimated Project Costs
Exhibit I-B Estimated Impact
ARTICLE II. PHASE I
Section 2.1.
Section 2.2.
Section 2.3.
Section 2.4.
Section 2.5.
Section 2.6.
Section 2.7.
Section 2.8.
Section 2.9.
Exhibit II-A
Specific Development Activity
Estimated Project Costs
Estimated Market Value
Original Tax Capacity
Estimated Captured Tax Capacity
Original Tax Capacity Rate
Estimated Tax Increment
Duration Limits
Identification of Parcels "
Boundary Map
11.11
P.�GE
1 - 1
1 - Z
1 - 2
1 - 3
1 - 3
1 - 3
1 - 4
1 - 4
Z - 4
1 - 4
I-A-Z
I-B-1
2 - 1
2 - 1
2 - 1
2 - 1
2 - 1
2 - 1
2 - 1
2 - 1
2 - 1
II-A-1
ARTICLE I
HOUSING REPLACEMENT DISTRICT PLAN
Section l.l. Definitions. The terms defined below shall,
for purposes of this Housing Replacement District Plan, have the
meanings herein specified, unless the context oth�rwise
specif�.cally requires: • " �� '�. � �
��Act" means the Enabling Legislation and Minnesota Statutes
Chapter 469.
"Authoritv"�means the Housing and Redevelopment Authority in
and for the City of Fridley, Minnesota.
"Citv�� means the City Qf Fridley.
"Comprehensive Plan" means the City's Comprehensive Plan.
"District" means Housing Replacement District No. 1, created
October 16, 1995, and as it may be subsequently modified.
"Enablincr LeQis�ation° means the Laws of Minnesota 1995,
Chapter 264, Article 5, Sections 44 through 47.
"Market Rate Housincr" means housing that has a market value
that does not exceed one hundred fifty percent (150%) of the
average market value of single-family housing in the City.
"Phase" means the parcel(s) identified for inclusion and
development as part of the Plan. A Phase may include a single
parcel, but may not include more than ten {10) parcels in a
calendar year. Phases are designated with Roman numerals.
"Plan" means the Housing Replacement District Plan adopted
October 16, 1995, and as it may be subsequently modified. Plan
also includes any eligible program authorized by the Act.
"Proj_,ect" means a project as defined in Minnesota Statutes,
Section 469.174, Subd. 8 and Minnesota Statutes, Section 469.002,
Subd. 12.
"Project Area" means the area within the territorial
boundaries of the City in which the Authority is authorized to
develop, implement or operate a Project.
Section 1.2. Statutory Authorization. The Enabling
Legislation provides for the establishment of the District and
the adoption and implemen�ation of the Plan. The Authority is
authorized under the Act to adopt the Plan and establish the
Project Area.
1 - 2
11.12
Section 1.3. Statement of Objectives. Housing is
essentially the determining factor by which a city is initially
judged, and as a result, reflects the character of the city and
the characteristics of its resident population. The Authority
has determined that there are certain areas within the City which
may negatively reflect its character and that of its residents.
These areas are potentially more valuable, more productive and
more stable than is currently realized because they contain
parcels that are vacant, under-utilized or blighted, due to poor
planning and subdivision and zoning practices and to existing
structures, which because of (i) dilapidation, (ii) obsolescence,
(iii) overcrowding, (iv) faulty arrangement or design, (v) lack
of ventilation, light and sanitary facilities, (vi) inadequate
land coverage, (vii) obsolete layout, or (viii) any combination
of these and other factors, are detrimental to the safety,
health, morals and welfare of the community. Consequently, the
Authority has further determined that it is in the best interests
of the City to initiate a Plan to assist in creating viable
environments which would upgrade and maintain housing stock,
maintain housing hea�th and safety quality standards, and
maintain and strengthen the character of individual
neighborhoods.
To achieve this goal the Authority has adopted a Plan and
created a District and Project Area, within which the Plan may be
implemented, all pursuant to the Act. This multi-year, multi-
phased Plan will strive to achieve the Authority's and the City's
sole objective of acquiring blighted, undeveloped or
underdeveloped parcels for redevelopment or rehabilitation and
for ultimate resale as Market Rate Housing. Additional public
purpose goals that will be realized include:
- restoration and improvement of the residential tax base
- realization of comprehensive planning goals
- revitalization of property to create a safe,
attractive, comfortable, convenient and efficient area
for residential use
- creation and maintenance of a healthy and safe
environment
- removal of non-conforming land uses
- stimulation of private activity and investment to
stabilize and balance the City's housing supply
- elimination of code violations and nuisance conditions
that adversely affect neighborhoods
1 - 2
11.13
recreation and reinforcement of a sense of residential
place and security which creates neighborhood
cohesiveness through City investment in neighborhood
infrastructure and public improvements, including
landscaping, park improvements, local street
modifications to reduce traffic impacts, repaving
streets, replacing curbs and gutters and updating
street lighting .
- encouragement of infill development/redevelopment that
is compatible in use and scale with surrounding
neighborhoods
- rehabilitation of existing housing stock and
preservation of existing residential neighborhoods
where possible
- demolition and new construction, where necessary, of
aging residential buildings to preserve neighborhoods
- removal of substandard structures, as defined in
Minnesota Statutes, Section 469.174, Subd. 10
Section 1.4. Statement of Compliance. The Authority has
reviewed the Plan and determined that it conforms to the �
Comprehensive Plan of the City and affords maximum opportunity
consistent with needs of the City as a whole.
Section 1.5. Criteria for Inclusion in the District. At
the time of Plan approval, the Authority cannot identif�r all
parcels that will ultimately be included in the District. As a
result, the Authority has set forth the following criteria to be
used in selecting future parcels for inclusion in the District.
The proposed parcel must comply with the City's public purpose
goals and must satisfy one of the following criteria:
{1) be a vacant site;
(2) contain a vacant house; or,
(3) contain a house deemed structurally substandard
pursuant to Minnesota Statutes, Section 469.174, Subd.
10.
Section 1.6. Conditions for Accxuisition. The Authority may
acquire and reconvey parcels subject to the following conditions:
(1) The Authority may acquire property by gift, dedication,
condemnation or voluntary acquisition in order to
achieve the objectives of the Plan; and
(2) Such acquisition wili be undertaken only when there is
assurance of funding to finance the acguisition and
related costs.
1 - 3
11.14
Section 1.7. Proposed Development Activity. The Authority
intends to acquire a maximum of fifty (50) parcels over a period
not to exceed ten (10) years in order to achieve the Plan's
goals. The specific parcels and the development activity
anticipated for those parcels are included in the description of
the applicable Phase.
Section 1.8. Estimated Project Costs. The estimated
Project costs associated with the District are listed on Exhibit
I-A.
Section 1.9. Estimated Sources of Revenue. Project costs
may be financed through the annual collection of tax increments
and a local contribution equal to a minimum of twenty-five
percent (25%) of Project costs payable from (i) its general fund;
(ii) a property tax levy; or, (iii) other unrestricted monies.
Section 1.10. Estimated Impact. Exhibit I-B reflects the
estimated impact of the proposed District on other taxirig
en�ities assuming that the development would have occurred
without the creation of a District. If the development is a
result of the creation of the District, the impact is $0 because
the development woul� not have occurred without the assistance of
the Au�hority.
1 - 4
11.15
EXHIBIT I-A
ESTIMATED PROJECT COSTS
TOTAL PROJECT COSTS AS OF OCTOBER 16 1995
Site Acquisition
Relocation
Demolition
Site Preparation
Pollution Abatement
Public Improvements
Administrative Expense
Total District Project Costs
PHASE I PROJECT COSTS AS OF OCTOBER 16 1995
Site Acquisition
Demolition
Site Preparation -
Pollution Abatement
Administrative Expense
Total Phase I Project Costs
I-A-1
11.16
$2,000,000
$ 250,000
$ 200,000
$ 250,000
$ 125, 000
$ 125,000
� 125,000
$3,075,000
$ 150,300
S 1�,200
S 2, o00
$ 2, 000
S 10,000
$ 181,500
. .
. ■ . .�
ESTIMATED iMPACT OF HOUSlNG REPLACEMENT DISTRICT NO. 1
iMPACT ON TAX BASE
ORIGINAL ESTIMATED CAPTURED DISTRICT
TAX TAX TAX TAX AS %
ENTITY BASE CAPACITY CAPACiTY CAPACITY OF TOTAL
City of Fridley 26,748,444 569 2,840 2,27i 0.008%
County of Anoka 154,934,726 569 2,840 2,271 0.001 %
i S� # 11 75, 280,191 569 2, 840 2,271 0.003%
City ot Fridiey
County of Anoka
ISD #11
Other
IMPACT ON TAX RATE
TAX % OF TAX TAX RATE
RATE TOTAL tNCREMENT INCREASE
0. i 6098 13.58%
0.32765 27.64%
0.61402 51.79%
0.06395 5.39%
1.16660 98.40%
347 0.00� %
707 0.000%
1, 325 0. 002%
138
2, 518
* Assumes construction wouid have occurred without the creation of a Tax Increment Financing
District. lf constrtuction is a result of Tax Increment Financing, the impact is $0.
I-B-1
11.17
EXHiBIT 1—B
ESTiMATED IMPACT OF HOUSING REPLACEMENT DiSTRICT NO. 1
IMPACT ON TAX BASE
ORIGINAL ESTiMATED CAPTURED DISTRICT
TAX TAX TAX TAX AS %
ENTlTY BASE CAPACITY CAPAClTY CAPACITY OF TOTAL
C ity of Frid ley 26, 748, 444 274 1,180 906 0.003%
County of Anoka 154,934,726 274 1,180 906 0.001 °lo
I SD #13 14, 971, 302 274 1,180 906 0.006%
City of Fridley
County of Anoka
ISD #13
Other
IMPACT ON TAX RATE
TAX % OF TAX
RATE TOTAL 1NCREMENT
0.16098
0.32765
0.77730
0.06395
1.32988
13.58% 347
27.64% 707
65.57% 1, 677
5.39°l0 138
112.18% 2,870
TAX RATE
INCREASE
0.001 %
0.000%
0.005%
* Assumes construction would have occurred without the creation of a Tax Increment Financing
District. If constrtuction is a resuit of Tax Increment Financing, the impact is $0.
I-s-2
11.18
�
EXHiBIT I—B
ESTIMATED IMPACT OF HOUSINC REPLACEMENT DISTRICT NO. 1
ENTITY
City of Fridley
County of Anoka
ISD #14
City of Fridley
County of Anoka
ISD #14
Other
TAX
BASE
26, 748,444
154, 934, 726
11,712,084
�
0.16098
0.327fi5
0.63296
0.06395
1.18554
IMPACT ON TAX BASE
ORIGINAL
TAX
CAPACITY
482
482
482
ESTIMATED
TAX
CAPACITY
2, 640
2,640
2, 640
IMPACT ON TAX RATE
% OF TAX
TOTAL INCREI�
CAPTURED
TAX
CAPACITY
2,158
2,158
2,158
TAX RATE
13.58% 347 0.001 %
27.64% 707 0.000°/u
53.39% 1,366 0.012%
5.39% 138
100.00% 2, 558
DISTRiCT
AS %
OF TOTAL
0.008%
0.001 %
0.018°/a
* Assumes construction would have occurred without the creation of a Tax Increment Financing
District. If constrtuction is a result of Tax lncrement Financing, the impact is $0.
I-B-3
11.19
ARTICLE II
PHASE I
Section 2.1. Specific Development Activitv. As of October
16, 1995, the Authority intends to enter into the following
proposed development activities for this Phase: (i) acquire and
develop the properties at 550 Hugo Street NE, 5973 3rd Street NE,
and 5720 Polk Street NE; (ii) acquire, demoiish existing
structures and redevelop properties at 533 Janesville Street NE,
540 Hugo Street NE, and 5924 2nd Street NE; (iii) develop the
properties at 5980 3rd Street NE and vacated Broad Avenue and �ot
26, Block C, Riverview Heights.
Section 2.2. Estimated Proiect Costs. The estimated
Project costs for this Phase are listed on Exhibit I-A.
Section 2.3. Estimated Market Value. Upon completion of
this Phase in 1996, the estimated market value of each unit of
Market Rate Housing cannot exceed $130,116.
Section
capacity for
Commissioner
$1,325.
2.4. Oriainal Tax Capacity. The original tax
this Phase, as most recently certified by the
of Revenue on January 2, 1995, is estimated to be
Section 2.5. Estimated Captured Tax Capacity. Upon
completion of the proposed development activities, the estimated
captured tax capacity of this Phase, on January 2, 1997, is
estimated to be $5,335.
Section 2.6. Oricrinal Tax Capacity Rate. The blended pay
1995 tax capacity rate is 122.734%. (City 16.098; County 32.765;
Other 6.395; ISD #11 116.660; ISD #13 132.988; ISD #14 118.554)
See Exhibi� I-B for a breakdown.
Section 2.7. Estimated Tax Increment. Tax increment for
this Phase has been calculated at approximately $6,548 assuming a
static tax capacity rate and a valuation increase of zero percent
(Oo) compounded annually_
Section 2.8. Duration Limits. Tax increment from this
Phase is payable to the Authority for fifteen (15) years from the
date of receipt of the first tax increment. Assuming the first
tax increment is received in 1998, this Phase will terminate in
2012.
Section 2.9. Identzfication of Parcels.
included in this Phase include:
2 - 1
11.20
The parcels to be
1)
2)
3j
4)
5)
6}
7)
8)
Housing Replacement Program
Phase I Parcels
Address
5720 Polk St. NE
5924 2nd Street NE
5973 3rd St. NE
5981 3rd St. NE
533 Janesville St. NE
623 Lafayette Street NE
550 Hugo Street NE
540 Hugo Street NE
PIN
24-30-24-32-0067
23-30-24-22-0074
23-30-24-22-0137
23-30-24-22-0138
03-30-24-23-0003
03-30-24-22-0075
03-30-24-23-0083
03-30-24-23-0084
and are illustrated on the attached Exhibit II-A.
2 - 2
11.21
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DESCRIPTION OF REQUEST:
The petitioner has proposed a 45' X 42' addition orrto the existing industrial building at 7791
Elm Street NE. This request requires granting a variance to reduce the rear yard setback
from 25 feet to 7.5 feet.
SUMMARY OF ISSUES:
Code Section 25.18.03.D.(3) requires a 25 foot rear yard setback for all industrial buildings.
The public purpose served by this requirement is to provide adequate open space areas
around industrial structures for aesthetic and fire fighting purposes.
The proposed addition would be constructed in the location of the existing loading dock
and would not create new impacts on the industry's parking configuration. The visual
impact of the east face of this addition will be negligible because it has been designed to
extend no closer to the property line than the existing building's east face.
In addition to requiring a rear yard variance, the proposed addition will encroach on the
7763 Elm Street property. The resulting dual industrial/residential use of that parcel is similar
to a situation created by Francis Anderson on an industrial parcel in 1979. Fridley has
historically stipulated a date certain removal of one of the uses. This was the case with the
Anderson request. A similar stipu�ation has been recommended for this current request.
This request is within previously granted parameters.
RECOMMENDED ACTIONS:
Staff recommends approval of variance request, VAR #95-21, with three stipulations (see
body of report).
APPEALS COMMISSION ACTION:
Concur with stafiPs recommendation. 13.01
Staff Report
VAR #95-21, by Car1 Peterson
Page 2
PETERSON INDUSTRIAL VARIANCE
PROJECT DETAILS
Petition For.
Location
of Property:
Legai Description
of Property:
Size:
Topography:
Existing
Vegetation:
Existing
Zoning/Platting:
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
Site Planning
issues:
DEVELOPMENT SITE
Summary of issues:
Site Conditions:
Variance to reduce the rear yard setback from 25 feet to 7.5 feet
7763 & 7791 Elm Street
Lots 16 - 20, Block 8, Onaway Addition
12,000 square feet
Flat
Typical suburban; sod, some trees, etc.
M-2, Heavy Indusirial; Onaway Addition
Connected
E(m Street
N/A
7763 Elm Street: This parce! is comprised of lots 19 and 20, Block 8, Onaway Addition. Located
on this parcel is a single f�mily dwelling with an attached single car garage, which was
constructed in 1950. The property is ovmed by the petitioner, and is currerrtly rented. The
property is zoned M-2, Heavy Industrial. The zoning was changed from residerrtial in 1958;
13.02
Staff Report
VAR #95-21, by Carl Peterson
Page 3
therefore, the residential dwelling is a legal non-conforming use. The code prevents upgrading of
legal non-conforming structures if they increase the size of the structure or the number of dwelling
units within. It has been the City's policy to eliminate legal non-conforming uses as opportunities
arise to do so.
7791 Elm Street: This parcel is comprised of lots 16,17 and 18, Block 8, Onaway Addition.
Located on this parcel is a 55' x 100' concrete block industrial building which was constructed in
1975. In 1975, the City Granted a variance to reduce the rear yard setback from 25 feet to 7.5
feet, and to reduce the side yard setback from 35 feet to 28 feet to allow construction of this
building.
Request/Analysis
The petitioner originally applied for a variance to allow construction of a detached accessory
structure on the 7763 Elm Street parcel. This would have allowed construcfion of a 26' x 52'
detached accessory structure to the rear of the existing dwelling. As part of the original request,
the petitioner intended to remove the existing, attached single car garage from the dwelling. It
was determined by staff and the City Attomey that to grant a variance to allow construction of the
detached storage building would be a use variance and therefore prohibited by Minnesota Statute
462.357, Subdivision 6.
The petitioner has since revised his request and is now proposing a 45' x 42' addition orrto the
existing industrial building at 7791 Elm Street. This request requires granting a variance to reduce
the rear yard setback from 25 feet to 7.5 feet.
Code Section 25.18.03.D.(3) requires a 25 foot rear yard setback for af1 industrial buifdings. The
public purpose served by this requirement is to provide adequate open space areas around
industrial structures for aesthetic and fire fighting purposes.
** STIPULATION ** No outdoor storage or accessory buildings shall be placed in the
rear yard behind the existing or proposed structure.
The proposed addition would be constructed in the location of the existing loading dock and
would not create new impacts on the industry's parking configuration. The visual impact of the
east face of this addition will be negligible because it has been designed to extend no closer to
the property line than the existing building's east face.
The industrial property owner to the east of this building has indicted that the continuation of the
existing setback does not concem him, as long as the open space between the buildings is not
further diminished.
Industrial building facades on additions that are visible from public right-of-ways have been
consistently required to be architecturally compatible with the building.
** STIPULATION ** The west building facade shall be designed to include masonry
building elements consistent with the existing industrial structure.
13.03
Staff Report
VAR #95-21, by Carl Peterson
Page 4
In addition to requiring a rear yard variance, the proposed addition will encroach on the 7763 Elm
Street property. The resulting dual industrial/residential use of that parcel is similar to a situation
created by Francis Anderson on an industrial parcel in 1979. Fridley has historically stipulated a
date certain removal of one of the uses. This was the case with the Anderson request. A similar
stipulation has been recommended for this currerrt request
** STIPULATION ** The residential use of the parcel at 7763 Elm Street shall cease and
the residential structure shall be razed within five years of the date
of City Council approval of this variance request.
NEIGHBORHOOD HISTORY
In 1975, the City of Fridley granted a variance to reduce the rear yard setback from 25 feet to 7.5
feet which allowed construction of the existing 55' x 100' industrial building at 7791 Elm Street.
In 1979 Francis Anderson, who owned the property at 7748 Elm Street, requested the City's
permission to construct a 30' x 32' garage. At that time, a home existed on the industrial parcel.
The City granted permission to construct the garage on the property with the stipulation that the
properly not be sold for residential purposes and that the garage be removed upon sale of the
property. Subsequerrt to that approval, the residential structure was demolished and the site
became a conforming industrial parcel (whose owner now utilizes the 30' x 32' garage for a
permitted industrial use).
ADJACENT SITES
WEST:
SOUTH:
EAST:
NORTH:
Comprehensive
Planning Issues:
Public Hearing
Comments:
Zoning: M-2, Heavy Industrial
Zoning: M-2, Heavy Industrial
l..and Use: Industrial
Land Use: Vacant
(The petitioner has made an offer to purchase this property for
future expansion of his industrial complex. The offer is contingent
upon outcome of the petitioner's variance request.)
Zoning: M-2, Heayy Industrial
Zoning: M-2, Heavy Industrial
Land Use: Industrial
Land Use: Industrial
The industrial use is consistent with the City's comprehensive plan.
To be taken
13.04
Staff Report
VAR #95-21, by Car1 Peterson
Page 5
RECOMMENDED ACTIONS:
As the request is within previously granted variances, staff has no recommendation regarcling this
request. If the Commission chooses to reoommend approval of the request, staff reoommends the
following stipulations:
1. No outdoor storage or accessory buildings shali be placed in the rear yard b�ind the
existing or proposed structure.
2. The west building facade shall be designed to include masonry building elem�rts oonsisterrt
with the existing industrial structure.
3. The residential use of the par�cel at 7763 Etm Street shall ce�ase and the residential structure
shall be razed within five years of the date of City Council approval of this variance requesi.
APPEALS COMMISSION ACTION:
Concur with staffs recommendation.
13.�5
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13.10
Cari and Shirley Peterson, owners of lots 16-20 within the Onaway Addition,
requests that a rear and side yard set back variance be granted for lot 18 to permit the
construction of a storage and material handling facility. The structure would be a
connected addition to the facility currently in position on lots 16 and 17. The current
facility is located with a 7'-6" rear yard set back as the alley for #he lots has been
vacated. In addition, a second variance is requested to permit the location of a
ramped loading and receiving dock adjacent to the planned structure and located on
lot 19.
Granted the requested variances a structure would be constructed and the
parking lot improved as per the drawings provided. The building would measure 42
feet x 45 feet and the loading/receiving dock surface area would measure 20' x 20'.
The drawing provided defines the dimensions and lot locations of each activity noted
above.
13.11
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CITY OF FRIDLEY
APPEALS COMMISSION MEETING,
ROLL CALL�
� " Chairperson Savage�called the�September �26,
.:Commission meeting-to order at 7:33 p:m.
ROLL CALL• �
Members Present:
Members Absent:
� . �_'. Ot�ers P�resent:� .
. � • . '. . .� .. y
, 1995
1�95�. APpcal$...,:..-. .
Diane Savage, Larry Kuechle, Ken Vos, Carol
Beaulieu�
Cathy Smith • � . �
Scott �iickok,: Planning Coord�nator :. : -.� - ' • • � . �.. .
ICaren.' & : �a�$d • �splu�d, • '8464: Greenwood..Drive.� =- .-•, .. _ •. '
Carl &•� Shirley � Peterscm, 1641 29th A�tenue, ' . . � .� . '
' St. Paul, � Minnesota - ' � ' : ' .
Kris Peterson, 7763 Elm Street N.E. .
MOTION,�y Ms. Beaulieu, seconded by Dr. Vos, to approve the
Septe�er 12, 1995, Appeals Conm►ission minutes as written.
f A VOIC$ VOTE, ALL VOTING AYS, CHAIRPER80N SAVAG$ D$CLARSD
MOTION CARRILD IINANIMOIISLY.
l. PUBLIC HEARING: CONSIDERATION OF VARIANCE RE4UEST, VAR #95-
21. BY CARL PETERSON:
Pursuant to Section 205.18.03.D.(3) of the Fridley City Code
to reduce the rear yard setback from 25 feet to 7.5 feet to
allow construction of an addition onto an existing
industrial building on Lots 16-20, Block 8, Onaway Addition,
qenerally located at 7763 Elm Street.
OTION by Mr. Ruechle, seconded by Ms. Beaulieu, to waive the
reading of the public hearing notice and to open the public
hearing.
IIPON A VOICE VOTE� ALL VOTING A7[E� CSAIRPER80N SAPAGL DECLARED
THE MOTION CARRIED AND THS PIIBLIC HBARING OPEN AT 7i34 P.M.
Mr. Hickok stated the variance request is to reduce the rear yard
setback from 25 feet to 7.5 feet to allow the construction of an
45 foot x 42 foot addition to the existing industrial building at
7791 Elm Street.
Mr. Hickok stated an earlier variance was approved for the
property at 7791 Elm Street to construct the existing industrial
building. The building is 55 feet x 100 feet and has a loadinq
13.13
APPEALS COMMISSION MEETING, SEPTEMBER 26, 1995 PAGE 2
dock on the south side of the building. The petitioner initially
had requested a variance to allow construction of an accessory .
building on_the residential site to.the sout�h. This accessory
.. building.was_proposed�to be toward the re�r of the residential • �-�
site. Along with that request, the�petitioner had proposed to� �
remove the existing garage, make improvements to the house, and •
�� complete the accessory structure to the back of that site. As
staff reviewed the�proposed request, staff determined that, in
accordance with Minnesota State law, the variance request could
not be considered because the current zoning on this property is
industrial and the use is nonconforming. The use of the site to
the south is residential. Granting a variance. to allow an �
expansi�n of the residential use would be.contrary �o:state law, .-� .
�: �: which expressly proh-ibi�s use variar�ces. :: . • . .� � . = - . . � . : - .
- � - • =`- Mr. �Hickok stated the� p�titioner ��3�eri r�struc�irec� : �he -'reguest 'to � ' • �- � �
. � ask" for �conside'ration of� a. variance� to allow a stru�ture to "be �. .'. " '�
� constructed that would be attached to the south side o� the
existing�industrial building. This structure would encroach 2
feet onto the southerly residential property. This is not
unusual. There are situations in the City where the residential
property and industrial property are owned by the same individual
and they are willing to go through the process to consolidate the
lots to make one tax parcel. Therefore, the industrial and
residential site could co-exist, for a period of time. The
construction of an accessory building on the industry is
consistent with the expansion of the industrial use rather than
prolonging an existing non-conforming use. The proposed addition
would provide storage for the industrial building.
Mr. Hickok stated that there are concerns about prolonging the
residential structure in an industrial district. The area is
primarily industrial and is developed as industrial. There is
industrial zoning to the west, south, east and north.
Mr. Hickok stated the City, in 1979, had a similar request for
7748 Elm Street. The request was to construct a 30 foot x 32
foot garage. There was an existing home on that parcel. The
City granted permission to construct the garage with the
stipulation that the property would not be sold as a residential
site. Subsequently to that approval, the home was demolished and
the site is now used for industrial purposes.
Mr. iiickok stated the request for 7.5 feet is consistent with the
industrial building that is currently on the site. Impacts to
the surrounding are not detrimental. Staff recommends approval
of the request with the following stipulations:
l. No outdoor storage or accessory buildings shall be placed in
the rear yard behind the existing or proposed structure.
13.14
APPEALS COMMIBSION MEETING. SBPTEMBER 26, 1995 PAGE 3
2. The west building facade shall be designed to include
masonry-building elements consistent with the existing
industrial structure. �� �
�3. The residential use�of�the parcel at 776� Elm Str�et shall '
� cease and the residential structure shall be.razed within
� five years of the date of City Council approval of this�
variance request.
Dr. Vos asked if the five years was tied into the code or the
ordinance:
Mr. Hickok stated this w.as correct.. This period of time is
consistent � with his.tbry.: ' . - . . ' . � . . . . _ ,
Ms : ` �Savage � asked =if• 'Sta�f' 'recomndendect app��o�val � because � �ere
would not be. any diYnirtishing � b� oper�'�space b�i this' variance: •�'
Mr. Hickok stated this was correct.
�
Mr. Peterson stated he is the owner of-the site. He cannot agree
with the five year time frame to remove the house. He had to buy.
that property as a buffer to expand in that direction. He cannot
say he would take the house down in five years. He would like to
depending on the business climate. He has made an offer to
purchase the praperty to the south of the dwelling with the
intent of eventually building in that direction so it is
industrial. If the City would be willing to reimburse him for
the house, he would take it down immediately.
Dr. Vos asked if the house was presently used as residential
property.
Mr. Peterson stated yes. His daughter is currently livinq in the
house. He suggested a 10-year time frame would be more
appropriate. It depends on the business cli.mate. He needs to
watch the finances and cash flow and make long term plans. If
the time must be five years, he would then put in a 36-foot
building with a smaller loading dock. His plans show that the
proposed addition is still 2 feet from the property Zine. He
would extend into it with the loading dock but not with the
building.
Dr. Vos asked if the petitioner was goinq to chanqe the direction
of the loading from what is existing.
Mr. Peterson stated they have a terrible loading dock right now.
It is at an angle. There is not enough room to circulate or move
around on it. He wants to go 12 feet to the south, with
approximately 9 feet extending onto 7763 Elm, with a loading
dock. He wants to add a downward slope to the dock for loading
13.15
�
APPEALS COMMIS3ION MEETING, 8EPTEMBER 26, 1995 PAGE 4
and unloading more readily.
Mr. Peterson �stated he also disagreed with the stipulation of.
masonry.� Most of the�concrete�block bu�ildings are blistering.
� Some are affected worse than others. He would like to put up
vinyl siding on the front rather than have block. The problem
may be because of poor quality block or paint. There is new
siding on those buildings. He would like wood construction or
metal frame construction. It will�not bear weight much. He
wants to have the addition much the same, but he does not want
block. He was also told there was a stream through that went
through that parking lot and that the soil conditions are poor.
Ms.�Savage stated,�because the petitioner is asking for_a � •.' .
' � .. ��variance, . �it �does not , mean . his �ishes will . b� •. adhered to . . � �Sh� . _ � . �
- �, � � . � . asked the petitioner_ to �expl�`in- the �%a�`t�ship. - �. � � '� • � • � - � ' � � : � � �
.
. � . . �. .
• . . . • �� . - • � •
Mr. Peterson stated'all the other buildin s:�are at the 7.5 foot
g
. setback. It would be a hardship to come in�25 feet. He could
not get enough parking spaces to come in on�both sides. He needs
the additional space because his business is growing. The
e
� alternative is to move out of the ar a.
Dr. Vos stated, if the addition were moved 25 feet from the lot
line, it would come tv the middle of the building. What would
that do to the loading and flow of traffia within the building?
Mr. Peterson stated this would create wasted space. He would not
be able to get to the loading dock. Because of the 7.5 feet
setback of the neighboring business, he would not be able to get
to the loading dock.
Ms. Savage stated his objection is to the two stipulations.
Mr. Peterson stated he would like the opportunity to explore the
economics of inetal or wood frame with vinyl covering. He has not
explored concrete. He have been told it will be costly to take
out that dirt for the supports for concrete because of the stream
under the parking lot.
Ms. Savage stated another stipulation asks that the residential
structure be razed because it is nonconforming. It is unusual to
see residential property in the middle of an industrial area. It
is the policy of the City to eliminate nonconforming properties.
For the betterment of the City, it would be better not to have
that residential property there.
Mr. Peterson stated he would like the opportunity to expand his
business and�in time he would take that house out of there.
There are three houses at the end of Elm Street. They keep their
yard trimmed and it looks residential. Some of the other
13.16
APPEALS COMMISSION MEETING. SBPTEMBER 26, 1995 PAGE 5
residential properties are not kept up as nice.
Dr. Vos asked.if the residential property was zoned industrial.
Mr. Hickok stated yes.
Ms. Beaulieu asked when the petitioner purchased the property.
Mr. Peterson stated he bought it in 1989. He purchased the
residential lot in 1992. For the number of office spaces in the
building, the parking lot did not allow enough spaces per code.
He purchased the lot for a future addition.
. M�..�I�uechle asked if the building has a sprinkler system. • �
� � • . i�ir: Pet�rson� .stated no: : : - = . � . � . ' . . . : - . - "� • .
� � Mr. Asplund stated he owned the property at 7715 Elm Street. In
defense of the request of 7.5 feet, the dock is at 7.5 feet and
the property behind is also at 7.5 feet. This allows a 15 foot
easement for telephone and electrical. He has no disagreement
. with this request. The 7.5 feet is reasonable. The maintenance
trucks can get through the 15 foot distance between the
buildings. There is very little traffic in that area. Also,
none of the other buildings are at 25 feet. If Mr. Peterson is
held to 25 feet, that would be wasted space.
Dr. Vos asked Mr. Asplund, since he is the property owner to the
south of the residential use, did he have any comment to the
residential use.
Mr. Asplund stated he thought the petitioner would phase out the
house and make the property industrial. He also bid on the same
house. He thought Mr. Peterson had a good plan. He will remove
the house and add industrial building. He thought Mr. Peterson
should have more than five years. In today's market, he did not
think that is negotiable. Perhaps in five years, tlzey could
split the property. He thought Mr. Peterson had a plan and that
he would do good for the neighborhood and the City. He thought
the City should go with a 10-year time plan as Mr. Peterson has
requested.
MOTION by Mr. Kuechle, seconded by Dr. Vos, to close the public
hearing.
IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON SAVAGS DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8505 P.M.
Ms. Savage stated she did not have a problem with the variance
request but she did have concerns about extending the time period
for razing the residential property beyond five years. If we
13.17
APPEALB COMMISSION MEETING, SEPTEMBER 26, 1995 PAGE 6
could keep it at five years with the understanding that, if it
becomes a hardship, the petitioner should be able to come back to
staff and request an extension. She was not sure about the other
stipulation regarding the block building. She would like the
construction to be consistent with the existing industrial
structure. The building is a nice looking building. She would �
like to see the residential use removed but she did not want to
make it a hardship. She would recommend approval of the request
with the stipulations with the understanding that there might be
some maneuverability about the masonry and the possibility that
the razing of the residential property in five years could be
extended. .
Mr.,Kuechle stated he would.reeommend approval of the-r_equest
witYi the•stipulations as�they�stand.. Without the presence of.an�
alternative �p1an to what •it �is going to �look .like:� other� than
'concrete, �e is unwilling•to'be that vague: He did not think�the .
Fire Code would allow wood frame building at 7.5 feet. Iie would
consider vinyl over steel frame construction. Without a plan of
how that will look, he cannot approve it. He recommended
approval of the 7.5 foot setback because there would be a
hardship in not granting it, and he would recommend approval of
the stipulations as presented.
Ms. Beaulieu agreed with Mr. Ruechle.
Dr. Vos stated he agreed with the 7.5 foot setback. Regarding
the masonry construction, the proposed addition is 55 feet from
the front. He did not know why it would need to have the same
material, especially when there is a 55 foot setback. That
stipulation is more of an aesthetic consideration than a building
code requirement. This is not because of Fire Code but rather to
match the existing structure. Regarding the house, five years
seems to be a short time frame due to financing and long range
planning. He has a problem with those stipulations. He would
like to see if they could split the motion. He agrees with the
variance but he disagrees on the stipulations.
Dr. Vos stated he felt 8 to 10 years would be more realistic for
taking down the house or include wording that the petitioner can
come back at a certain period of time and get an extension.
Mr. Kuechle stated he did not think they could say five years and
then have the petitioner come back.
Dr. Vos stated it is hard to justify five years.
Mr. Hickok stated there is some latitude and staff had to
determine what is realistic. Staff started looking at 3 years
and moved to five years. Beyond that, it does prolong the
residential use rather than eliminate and provide space for
13.18
APPEALS COMMISSION MSSTING BEPTEMBER 26 1995
PAGE 7
expansion. Staff has debated this issue and felt five years was
reasonable to plan.
Mr. Kuechle asked if five years was historically what has been
asked in other similar situations.
Mr. Hickok stated the similar case at 7748 Elm Street N.E. had a
10-year window. That was a bit different situation. The
property could not be sold as residential but rather industrial.
The owner did come back for an extension on the tenth year.
During the eleventh year, the house was removed.
Ms. Savage asked if a residential property can be sold as
residential.
Mr. Hickok stated the zoning is industrial. If sold and through
the title search, one would look to the future use of the land.
The property is substandard in an industrial district. It does
not meet the 1.5 acre requirement and would be dependent on other
pieces to make it a standard size industrial property.
Dr. Vos stated that in itself is some of the hardship. If
someone purchased the property, they could not put up an
industrial building without a variance because of the area of the
lot.
Mr. Hickok stated that is the same dilemma facing the property
owner to the south, as that property is also a substandard site.
Dr. Vos stated it seems like the petitioner has plans to expand
to the south which would be taking care of some of that
nonbuildable industrial by combining parcels. As the parcels
stand separate, they could not.
Mr. Kuechle stated it seems like the Commission could keep the
stipulation at five years and the petitioner has the option of
coming back to ask for an extension. It is up to the City
Council to extend the time. If they do not give an extension,
the petitioner is stuck. Iie felt five years was adequate and he
thought the masonry should also stay. Between now and the time
the request is before the City Council, the petitioner could look
at the costs involved with masonry versus metal frame and vinyl
and make a presentation to the City Council for their decision.
He has concerns about a vinyl �ace being damaged in an industrial
area. He was not sure what a vinyl clad industrial building
would look like.
MOTION by Mr• Kuechle, seconded by Ms. Beaulieu, to
Variance Request, VAR �95-021, by Carl Peterson, to
rear yard setback from 25 feet to 7.5 feet to allow
of a addition onto an existing industrial building
13.19
approve
reduce the
construction
on Lots 16-20,
APPEALS COMMISSION M$BTING. SEPTEMBER 26, 1995 PAGE 8
Block 8, Onaway Addition, generally located at 7763 Elm Street,
with the following stipulations:
1. No outdoor storage or accessory buildings shall be placed in
the rear yard behind the existing or proposed structure.
2. The west building facade shall be designed to include
masonry building elements consistent with the existing
industrial structure.
3. The residential use of the parcel at 7763 Elm Street shall
cease and residential structure shall be razed within five
years of the date of City Council approval of this variance
request.
IIPON A VOICE 90TS, ALL VOTING AYB, CHAIRPERSON SAPAGE DECLARED
TAE MOTION CARRIED U1�IlsiNIMOUBLY.
Dr. Vos stated, althouqh he voted for approval, he was not fully
in agreement with the last two stipulations.
Ms. Savage stated the Commission had approved the request with
the stipulations. Because the property is industrial, the City
Council will also review the request and will have the final say.
The petitioner will have the opportunity to discuss the
stipulations further at that time.
� Mr. Hickok stated this request would be before the City Council
on October 2.
Mr. Peterson expressed his frustration with the process and was
not sure that he would pursue the request at the City Council
level.
2. UPDATE ON PLANNING COMMISSION AND COIINCIL ACTIONS
Mr. Hickok pravided an update on Planning Commi on and City
Council actions.
3. OTHER BUSINESS
a. Discussion of the Dea ne for Agency Action Law
- Review Hards 'p Handout
- Review plication Checklist
Mr. Hickok st d the Deadline for Agency Action Law came into
effect on J y 1, 1995. Many cities start the time "clock" when
they co der the application complete and after they have done
the s ff analysis. At Fridley, staff has been critical of
13.20
DESCRIPTION OF REQUEST:
The petitioner requests that a variance be granted to allow a first accessory structure to excced both 1,000
square feet and the first floor living area of the dwelling unit which is 1,352 square feet. The petitioner
has a two story garage and proposes to construct a 24 x 38 foot addition to the lower level of the garage
making the total square footage of the first accessory structure 2,064 square fe�t.
Sti�MMARY OF ISSUES:
Code Section 205.07.O1.B.(4).(a) reqiaire that a first accessory building shall not exceed 100% of the first
floor of the dwelling unit, or a maximum of 1,000 square feet. The accessory structure portion of the
code also requires that the sum of all accessory buildings not exceed 1,400 squaze feet.
The petitione�s request exceeds all maximums allowed by the code including the 1,400 square feet total
for all accessory structures on a property. The request also exceeds the previously granted requests.
RECOMMENDED ACTIONS:
Staff recommends that the City Council deny the request as proposed.
APPEALS COMMISSION ACTION:
The Appeals Commission voted unanimously to deny the request as proposed.
14.01
Petition For.
Location
of Property:
Legal Description
of Property:
Size:
Topography:
Egisting
Vegetation:
Eaisting
Zoning/Platting:
Availability
of Municipal
Utilities:
Vehicular
Access:
PROJECT DETAILS
Variance to increase the size of a first accessory stcuchu'e from 1,000 square feet to 2,064
square feet; allowing an accessory structure to exceed the first floor of a dwelling unit.
1631 Rice Creek Road
The east 145 feet front and rear of the south 190 feet of Lot 6, Auditor's Subdivision No. 22,
subject to easements.
23,200 square feet
Sloping to the north
Typical suburban; sod, trees and shiubs
Audito�'s Subdivision No. 22; 1939
Connected
Rice Creek Road
Pedestrian
Access: N��
Engineering
issues: N/A
Site Planning
Issues:
2
14.02
DEVELOPMENT SITE
Sedion 205.07.O1.B.(4).(a) requires that a first accessory building shall not excced 100% of the first floor area of the
dwelling unit or a maximum of 1,000 square feet.
Public purpose se�ved by this reqwr�t is to mairnain the residential quality of the neighborhood by limiting the size
of accessory structures.
Description of Properly and I�'istory
The subject parcel is located north of Rice Creek Road at the border between Fridley and New Brighton. Located
on the subject parcel is a single story rambler with an attached two car garage measuring 24' x 24'. The rambler has
a wallc-out bas�meatt. The attached garage has storage on both the uppe�' and low� floors. The orig'u�al house was
constructed in 1953. In 1961, the 24' x 24' garage was construded, as well as a 13' x 26' kitchen additioa The
properiy became rental in 1983.
The petitioner acquired the property in 1994. Prior to the petitioner owning the properly, the prope�ty was the
recipiern of a number of code enforcement letters. The petitioner himself was cited for worlang without appropriate
building pennits. Once notified, however, the petitioner has worked cooperatively with the Building Inspection staff
to acquire the necessary permits. Some of the construction on this site has bceii related to a pipe brealc and water
damage in the walk-out level of the home.
Rec�uest
The petitioner requests that a vaziazx�e be granted to allow a first accessory structure to exceed both 1,000 square feet
and the first floor area of the dwelling unit. The petitioner proposes to const�uct a 24' x 38' addition to the lower
level of the garage making the total square footage of the first accessory stcuchu'e 2,064 scluare feet. An existing
gavel drive to the lower level would require hardsuiface improvemeirts, but would provide suitable acce.ss without
major grading, tree removal, etc.
Analysis
The petitionei's request eaccceds the 1,000 square foot ma�d�un, the first floor area of the dwelling unit, and the 1,400
square feet of total accessory stiucture square footage allowed by code. The request also excceds the previously
granted variance for maximum garage area of 1,300 square feet.
The petitioner's property measures approximately half an acre in area. The proposed addition would be minimally
visible from the public right-of-way, and does not require any setback variances from adjacent properties.
Staff recommends that the Appeals Com�rission derry the request as it exceeds all previously granted requests. ff the
Appeals Comrniss�ion should recommend approvai of the request to the City Council, staff recommends the following
stipulations:
The petitioner shall not establish a second living area in the lower level of the dwelling unit.
14.03
2.
3.
4.
5.
The accessory structwe shall not be used to conduct a home occupation as prohibited by Section
205.03.34.
The petitioner shall provide a hardsurface driveway by October 1, 1996.
The fu-st garage shall not be cor►verted to living sPace without application and approval of all required
pernuts.
The necessary pernuts sliall be obtained prior to conshuction of the proposed additioa
WEST:
SOUTH:
EAST:
NORTH:
Comprehensive
Planning Issues:
Public Hearing
Comments:
AD7ACENT SITES
Zoning: C-3, General Shopping Center
Zoning: R 1, Single Family
Zoning: R 1, Single Family
Zoning: Gl, Local Business
4
14.04
Land Use: Retail
Land Use: Residential
Land Use: Re�dential
Land Use: Office
F
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VAR ��95-23
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14.06
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VAR ��95-23
James Kiewel
Upper Garage 572 sq. ft.
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ELEVATION
14.08
0
c
CITY OF FRIDLEY
APPEALS COI�SISSION MEETING, SEPTEMBER 12, 1995
ROLL CALL:
Chai=person 5avage called the September 12, 995, Appeals
Commission meeting to order at 8:00 p.m.
ROLL CA�L:
Members Present: Diane Savage, Lar Kuechle, Ken Vos, Carol
Beaulieu
Members Absent: Cathy Smith
Others Present: Scott H" kok, Planning Coordinator
Miche e McPherson, Planning Assistant
J s Kiewel, 1631 Rice Creek Road
. P ul Litwinczuk, 6291 Central Avenue N.E.
Steve Klein, ACCAP, 9303 Jefferson Street N.E.,
Blaine, Minnesota
Ken Anderson, 132 River Edge Way
APPROVAL OF'/AUGUST 15, 1995, APPEALS C�Il�lISSION MINUTES :
MOTION y Mr. Kuechle, seconded by Ms. Beaulieu, to approve the
Augu 15, 1995, Appeals Commission mi.nutes as written.
�_ -
A VOICE VOTE , ALL ViOTING AYE , Ci�4�RPERSON � SAVAIGE DECI,AE2ED THE
>N CARRIED UNANIMOUSLY.
1. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQIIEST, VAR #95-
23, BY J�MES KIEWEL:
Pursuant to Section 205.07.O1.B.(4).(a) of�the Fridley City
Code to increase the maximum size of a first accessory
structure from 1,000 square feet to 2,064 square feet, and to
allow an accessory structure to exceed the first floor a'rea of
a dwelling unit in order to allow construction of a 24 foot x
38 foot addition to an existing garage on that part of Lot 6, -
Auditor's Subdivision No. 22, described as follows: the east
145 feet front and rear of the south 190 feet of said Lot 6,
subject to easements for road purposes over the south 30 feet
thereof, generally located at 1631 Rice Creek Road N.E.,
Fridley, Minnesota 55432.
MOTION by Ms. Beaulieu, seconded by Dr. Vos, to waive the reading
of the public hearing notice and to open the public hearing.
14.09
APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 2
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECL�2ED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:03 P.M.
Ms. McPherson stated the subject property is located at 1631 Rice
Creek Road, which is the last property on the north side of Rice
Creek Road adjacent to the City of Fridley-City of New Brighton
border. The petitioner is requesting a variance to allow a first
accessory structure to exceed 100� of the first floor area of the
dwelling unit and 1,000 square feet. Located on the subject parcel
is a single story rambler with a walkout basement. The dwelling
has an attached two-car garage. The original house was constructed
in 1953. In 1961, the garage was added. The petitioner acquired
the property in 1994.
Ms. McPherson stated the request is to construct a 24 foot x 38
foot addition to the lower level of the existing garage. Staff
calculated the total accessory square footage as the first level of
the garage accessed by Rice Creek Road at 24 feet x 24 feet or 576
square feet. Staff also made an assumption, as we could not
investigate the interior of the lower level, that this lower �level
was the same size and also. used as accessory space. The
petitioner's proposed addition of 24 feet x 38 feet is 912 square
feet for a total of 2, 064 square feet of accessory space. The
petitioner did call staff earlier this week and he will present his
calculations of the total square footage of the accessory
structure. The petitioner's request, as staff has made the
assumption, does exceed the 1, 000 square foot iaaximum for first
accessory structures and also exceeds the first floor of living
space and exceeds the 1400 square feet:.:of total.-accessory structure
square footage as allowed by code.
Ms. McPherson stated the petitioner's property does --measure
approximately 1/2 acre in area. The proposed addition would be
minimally visible from the public right-of-way as it is on the
lower level behind the existing structures. It also does not
require any setback variances from the property lines.
Ms. McPherson stated stafi recommends denial of the requesttas it
does exceed all previously granted requests. Zf the Appeals
Commission chooses the approve the request, staff recommends the
following stipulations:
1. The petitioner shall not establish a second living area in the
lower level of the dwelling unit.
2. The accessory structure shall not be used to conduct a home
occupation as prohibited by Section 205.03.34.
14.10
APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 3
3. The petitioner shall provide a hardsurface driveway by
October 1, 1996.
4. The first garage shall not be converted to living space
without application or approval of all required permits.
5. The necessary permits shall be obtained prior to construction
of the proposed addition.
Mr. Kuechle stated the sum of all the accessory structures is 1400
square feet. How many square feet does the petitioner now have?
Ms. McPherson stated, based on staft's assumption, the petitioner
currently has 1152 square feet counting both the upper and lower
garages.
Dr. Vos asked what the staff report mentioned as the previously
granted maximum number of square feet.
Ms. McPherson stated the City has previously granted a like request
for 1300 square feet for a first accessory structure.
Mr. Kuechle stated this request is then 764 square feet more than
the maximum previously granted.
Ms. Savage asked, in that instance where this maximum was granted,
what was the hardship.
Ms. McPherson stated she did not kno'�. � _--
Mr. Kiewel stated staff has miscalculated on the lower level. He
stated he does have a 23 foot x 23 foot area. However, the lower
level space has a single-car garage and the other part is a utility
and laundry area which is separated by a block wall which supports
the garage on the top. He thought this was originally used as a
garage. He does not intend to do that. There is 23 feet x 23 feet
of usable area on the main level which is about 576 square,feet.
He wants to expand the lower level area to 24 feet x 38 feet. If
the space is calculated by using the exterior dimensions, the
square footage is 1488. Using the interior dimensions, the usable
space is 1,380 square feet which put him under the required 1400
square feet.
Mr. Kiewel stated the reason he wishes to do this is that the house
is a 1950's house and unfortunately has small rooms. He wants to
have a nice living area in which to relax. This plan seems ideal
because he has an access road on the side and he can put a living
area in the upper garage. He would block in the main doors. The
proposed addition would come straight out from the jog created
14.11
APPEALS COMMISSION MEETING, 5EPTEMBER 12, 1995 PAGE 4
where the house and garage meet and will measure approximately 26
feet. The roof would be flat with very little pitch. He could
then put patio doors in the upper level and come out onto a deck.
In the future, the lower area would be the only garage space he
would have. The total usable area would be 1380 square feet.
Dr. Vos stated the intent of the variance process is that there is
a hardship. What is the hardship?
Mr. Kiewel stated he has a boat, snowmobile, and motorcycle and he
needs the storage space. Most new homes have a three-car garage
and this is what he would eventually end up with.
Dr. Vos asked if it was correct that the petitioner`s hardship was
an economic hardship due the need to store vehicles.
Mr. Kiewel stated this is what he wants to do. He had originally
asked for a smaller space but enlarged the area to accommodate
storage needs. It does not make sense to ask for less.
Ms. Savage
the house.
garage.
Mr. Kiewel
driveway in
level.
asked what the problem was with the living quarters in
The petitioner is speaking about moving into the
stated that is an ideal space. He would remove the
the front and move the storage area to the rear lower
Ms. Beaulieu asked, if the petitioneY�.�aants to_�onvert the present
garage to living quarters, can he do that.
Ms. McPherson stated yes. The petitioner could convert the�garage
to living space with the appropriate inspections.
Ms. Beaulieu stated, if the petitioner would convert the space to
living area and then add the lower level garage, he would then not
need a variance.
Ms. McPherson stated this was correct. At the ti.me of application,
the petitioner was not sure whether or not he was going to do that.
It could be 5 or 10 years before he does so. In the meantime, we
have a first accessory structure that exceeds that which�is allowed
by code without virtue of a variance.
Ms. Beaulieu stated it seemed to her that the petitioner is doing
this backward. If the petitioner were to make the garage area into
living space first, he would not then need a variance. The
Commission needs to find a hardship in order to approve the
request.
14.12
APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 5
Mr. Kiewel stated he has the vehicles and recreational vehicles to
fill the area.
Ms. Savage stated, under State statutes, the Commission cannot
grant a variance unless there is an undue hardship. Other people
in the City feel they also need space to store vehicles. She did
not know that this could be considered as an undue hardship. It is
not unique to the property.
Mr. Kiewel stated he failed to see any problem because there �are no
objections from the neighbors, but the practicality is that it is
something that he needs to do because he has the equipment to put
in it.
Ms. Beaulieu stated she is hearing two things. One is that he
wants to live in the space and the other is that he needs storage.
Mr. Kiewel stated this allows him the option to move into the upper
garage space in the event that at some time he would like to do so.
He does need the space. The reason he increased his original
request i� that, in the future, he anticipates that in the event he
loses space in the current garage he would have enough space to
move into the back. He would then have the 1400 square feet
allowed by code and saves him the trouble and expense of building
twice. It also offers flexibility. He wants to do this right and
look into the future to anticipate what you will do. It is
important that he do it now. It would cost less to build an extra
8 feet in the initial stages of const,ruction rather than adding it
later. � - -
Dr. Vos asked what the smallest structure the petitioner could
building and not need a variance.
Ms. McPherson stated that would be 200 square feet.
Mr. Kiewel stated this plan would work out perfectly. He would
have 1380 square feet of usable space which is less than required
by code.
MOTION by Dr. Vos, seconded by Mr. Kuechle, to close the public
hearing.
UPON A VOICE VOTE, �+,I.I, VOTING AYE, CHAIRPERSON SAVAiGE DECLARED THE
MOTION GP,RRIED AND THE PUBLIC HEARING CLOSED AT 8:17 P.M.
Mr. Kuechle stated he would recommend denial of the request. The
petitioner needs to get in order what he wants to do. If he is
going to convert the garage to living space, then that is what he
14.13
APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 6
should do. If he does that, he does not need a variance. The
garage space would be within the code requirements. If he does not
want to convert the upstairs garage, he would recommend denial
because it is too many square feet over the requirement. It would
be essentially be a five-stall garage. He did not see a hardship
in accumulating enough things in order to fill the space.
Ms. Savage agreed. She did not see that there is a hardship under
the requirements of the statutes. There is not an undue hardship.
If the Appeals Commission were to grant this variance, we would
have to grant future variances for those who needed more space.
Though the Commission may be sympathetic toward the petitioner, she
did not think the law allows them to grant a variance without
showing undue hardship or unique circumstances.
Dr. Vos concurred. One feature of a hardship is that there are no
other options. In this case, there are other options. The
petitioner could convert the garage to living space and then
convert the garage.
Ms. Beaulieu concurred. The dwelling has 1,352 square feet of
living area, and the petitioner is asking for over 2,000 square
feet of accessory structure. She was sure the City had never
granted a variance close to that.
MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend denial of
Variance Request, #VAR 95-23, by James Kiewel, to increase the
maxi.mum size of a first accessory structure from 1,000 square feet
to 2,064 square feet, and to allow an'�accessory-structure to exceed
the first floor area of a dwelling unit in order to allow
construction of a 24 foot x 38 foot addition to an existing garage
on that part of Lot 6, Auditor's Subdivision No. 22, described as
follows: the east 145 feet front and rear of the south 190 feet of
said Lot 6, subject to easements for road purposes over the south
30 feet thereof, generally located at 1631 Rice Creek Road N.E.,
Fridley, Minnesota 55432.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY. _.
Ms. McPherson stated this request would be reviewed by the City
Council on October 2nd.
2. PUBLIC HF,ARING: CONSIDERATION OF A V.�IANCE REQUEST, VAR #95-
24, BY KENNETH ANDERSON: , �
Pursuant to Section 205.07.0�..:-T3. (3) of the Fridley City Code
to reduce the required reaY yard setback from 25 feet to 21
feet to allow the cons-truction of a porch and garage on Lot
14.14
DESCRIPTION OF REQUEST:
Anoka County Community Action Program (ACCAP) representatives have requested a
variance to reduce the front yard setback from 35 feet to 24.6 feet to allow consVuction of
a detached garage, on Lots 11 and 12, Block 6, City Yew, generally located at 380 - 57th
Place N.E.
SUMMARY OF ISSUES:
Code Section 205.07.03.d.(1) requires a minimum frorrt yard setback of 35 feet. The
property at 380 - 57th Piace has a"double frontage" condition lying between 57th Avenue
to the south and 57th Place to the north. The Code a(so states that both street frontages
are to be considered as front yard areas.
The proposect 24' X 30' garage would be constructed 10 feet south of the four-plex
building, with the garage doors and driveway facing 57th Avenue. No garage exists on this
site presently. There is a small parking area off 57th Avenue and a larger parking area
adjacent to the 57th Place right-of-way. A variance was granted in 1976 to allow the
parking on 57th Place to exist within the right-of-way.
On the adjacent property to the east, a four-plex building of a nearly identical design exists,
with a 22 foot deep garage, constructed 29.7 feet from the 57th Avenue property line.
This request is within previously granted parameters.
RECOMMENDED ACTIONS:
Staff recommends approval of variance request, VAR #95-26, with one stipulation.
APPEALS COMMISSION RECOMMENDATION:
Concur with staff's recommendation. 15.01
Staff Report
VAR #95-26, by ACCAP
Page 2
380 - 57th GARAGE VARIANCE
PROJECT DETAILS
Petition For. Anoka County Communiiy Action Program (ACCAP) represerrtatives have
requested a variance to reduce the frorrt yard setback from 35 feet to
24.6 feet to allow construuction of a detached garage, on Lots 11 and
12, Block 6, City vew, generally located at 380 - 57th Place NE
Location
of Property:
Legal Description
of Property:
Size:
Topography:
Existing
Vegetation:
Existing
Zoning/Ptatting:
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
Site Planning
Issues:
380 - 57th Place NE
Lots 12 & 13, Block 6, City Yew Addition
11,170.02 sf
Gerrtly sloping from north to south
Typical suburban; sod, tree.s, etc.
R-2, Tv� Family Dwelling; City Vew, 1887
Connected
57th Place, 57th Avenue
N/A
Creation of adequate parking on-site
15,02
Staff Report
VAR #95-26, by ACCAP
Page 3
DEVELOPMENT SITE
Summary of Issues
The Anoka CouMy Community Action Program (ACCAP), with the endorsement of the Fridley HRA,
petitioned for funding from the Minnesota Housing Fnar�ce Ag�ncy to purcF�ase and rehabilitate the
four-plex located at 380 - 57th Place. The request was made in order to operate the i�our-plex as
transitional housing similar to the f�ality at 137 Mississippi Place NE.
Funding was approved by MHFA, but funding was authorized from an aocourrt which mandated
apublic ownership". The Fridley HRA has agreed to own the building once ACCAP has made al!
of the repairs and has rehabilitated the building in oor�formance with its proposed plans.
The Fridley HRA has approved a mariagemerrt agreemerrt with ACCAP whic� stipulates th�t they
manage the building and operate the transitional housing service. AC;CAP irrtends to oontract the
transitional housing senrice with Lutheran Social Services. ACCAP is also responsible tor paying
the City's portion of real estate ta�ces. In e.ssence, the HRA's ownership acts as a c�onduit for
ACCAP to receive the MHFA dollars.
Code Section 205.07.03.d.(1) requires a minimum frorrt yard setback of 35 feet. The property at
380 - 57th Place NE has a"double frorrtage" condition. To the south of the parcel is 57th Avenue,
north is 57th Place. The Code also states that both stre�t frorrtages are to be oonsidered as frorrt
yar�d areas.
The proposed 24' X 30' garage w�ould be oonstructed 10 feet south of the four-plex building, with
the garage doors and driveway facing 57th Avenue. No garage exists on this site presenUy.
There is a small parking area off of 57th Av�ue, and a larger parking are�a adjacerrt to the 57th
Place right-of-way.
On the adjacerrt property to the east, a four-plex building of a ne�arly identical design e�dsts, with a
22 foot deep garage, constructed 29.7 feet from the 57th Avenue property line.
This request is within previousy gr�nted parameters.
Engineering Issues
Staff originally had suggested that the existing parking along the 57th Place right-0f-way be
removed and replaced with a typical boulevard and curbing.
Upon further anafysis, a det�mination was made that the "best" parking solution for this site is to
leave the existing parking corifiguration on 57th Place, but to make minor modifications to the
existing parking along 57th Avenue. Four altematives were evaluated; altemative #1 is
recommended. This option provides the most parking (11 spaces, 3 more than code requires)
and cre�ates the need for only one variance. It also avoids creating two driveways on 57th
Avenue.
15.03
Staff Report
VAR #95-26, by ACCAP
Page 4
** STIPULATION ** The petitioner shaii install a hard-surtaced driveway of asphalt or
concrete by October 1, 1996.
ADJACENT SITES
WEST: Zoning: R-2, Tviro Family Dwelling Land Use: S.F. Residerrtial
SOUTH:
EAST:
NORTH:
Zoning: R-3, Generai Multiple Family
Zoning: R-2, Two Famiiy Dwelling
Zoning: R-2, Tw�o Family Dweiling
Comprehensive Pianning issues:
Public Hearing
Comments:
RECOMMENDED ACTIONS:
Consistent
• �- r..�t
Land Use: S.F. Residential
Land Use: Four-plex
Land Use: S.F. Residentiai
Staff recommends approval of variance request, VAR #95-26, with the foliowi�g stipulation:
1. The petitioner shall install a hard-surFaced driveway of asphalt or concrete by Ocfiober 1,
1996.
APPEALS COMMISSION RECOMMENDATION:
Concur with stafPs recommendation.
15.04
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APPEALS COMMTSSION MEETING, 5EPTEMBER 12, 1995
4.
Pursuant to Section 205.U�/.o3.D.
to reduce the front yard setback
allow construction of a detached
Block 6, City View, generally
N.E., Fridley, Minnesota 55432.
from 25 feet
PAGE 13
VAR #95-
INC. (ACCAP):
idley City Code
to 24.6 feet to
garage, all on Lot 11 and 12,
located at 380 - 57th Place
MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to waive the
reading of the public hearing notice and to open the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAYAGE DECI�2ED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:55 P.M.
Mr. Hickok stated this is a request by Mr. Steven Klein
representing ACCAP to reduce the front yard setback from 35 feet to
24.6 feet to allow construction of a garage at 380 - 57th Place
N.E. The property is located east of University, north of 57th
Avenue, south of 57th Place. This is a double frontage lot. The
site has a street on both the north and south sides. The hardship
is that it is a difficult site for location of a garage. The
building itself pre-exists the current zoning, which is R-2, Two
Family Dwelling. On the site is a 34 foot x 46 foot two-story,
four-plex apartment building. If this were to be new construction
on the site, we would be looking at a two-family home with a
requirement for two garage stalls per unit. This is a four-plex
building that exists with some unique land characteristics.
,.
,--- _ -
Mr. Hickok stated, when staff analyzed the request, the front
parking came to mind. In 1976, the City Council allowed parking on
the right-of-way with a minimal portion of the stalls on the
private property and the majority on the public right-of-way. As
part of the staff reco�aendation, staff talks about the eiements of
that design and recommended stipulations for removal of that
parking and relocation to 57th Avenue portion of the lot.
Mr. Hickok stated staff has had an opportunity to further analyze
the request and the design elements as staff considered alternate
parking solutions. These have been discussed with the petitioner.
The petitioner �s requesting to construct a new 24 foot x 30 foot
garage with the drive coming off 57th Avenue. There is an existing
parking pad. Staff recommends that, if this is the plan
considered, the hardsurface be backed off and the drive be
consistent with the edge of the garage allowing for more green
space and separation between the drive and the adjacent property.
The yield for parking with this design would be 11 spaces - 2
garage spaces, 2 driveway spaces (1 in front of each of the garage
15.11
APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 14
stalls), and the remainder of the stalls would be in front of the
facility on the 57th Place frontage. There are variances involved
which is the garage setback from 57th Avenue.
Mr. Hickok stated there was a variance granted in 1976 for the
parking on the north edge.
Mr. Hickok stated staff's first alternate would yield 9 spaces and
would eliminate parking on the north end of the site which could be
replaced by seed, sod and curb and would bring the parking down to
one drive off of 57th Avenue. This design would require a variance
to the 20 foot green space separation between the parking and the
right-of-way and the garage setback variance. In this scenario,
the garage has been shifted but would still require a setback
variance. The parking stall layout is less than desireable.
Besides the parking in the garage and in front of the garage
stalls, there is one stall in the southern portion below the garage
and an opportunity for guest parking along the western boundary.
That would depend on cooperation between the four units and the
parking design.
Mr. Hickok stated another alternative yielded 9 spaces. A variance
would be required for a two-way drive aisle which is narrowed to 12
feet to allow the come in, have 5 parking stalls to face east/west,
and allow a turn around node. With the expec�ed activity and the
parking spaces, 12 Feet may be acceptable but less than the
standard. A variance would be required for the setback to the
garage. With this design, there are two driveway aisles out onto
57th Avenue N.E. While 57th Place has:c�irect back out parking, it
also has less traffic. " -
Mr. Hickok stated another design would be similar to the above
alternative except to shift the garage by 5 feet to increase the
driving aisle to 17 feet. While it provides more maneuverability,
it does not provide additional spaces. The garage setback would be
as requested. There would be the 20-foot landscape issue and
separation between the parking and the front property line. There
would again be the issue of two drives onto 57th Avenue. '
Mr. Hickok stated staff is no longer recommending the removal of
the parking on 57th Place. It appears to be the optimum design
considering the limited alternatives. The design yields 11 parking
spaces, it limits the drive onto 57th Avenue to one location.
There are some open spaces issues being considered by the
petitioner that they want to limit the number of garage stalls on
the site.
15.12
APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 15
Mr. Hickok stated staff is reconunending approval of �he variance as
presented by the petitioner. A stipulation to have a hardsurface
drive within the next year would be appropriate.
Dr. Vos asked if the 57th Place parking was hardsurface.
Mr. Hickok stated yes.
Dr. Vos stated the petitioner's request is close to the cut in
access from 57th.
Mr. Hickok stated yes. The improvement is that, as the hardsurface
has been installed, it is over the neighboring property line. This
plan gets this off the property line and provides�a bit of green�
space.
Mr. Klein stated he came in and worked with staff. He is wiliing
to do whatever will work. ACCAP is working with the City and HRA
on this property with the intention that this will be under
owriership by the City of Fridley once ACCAP completes the necessary
renovation. ACCAP sent the message to staff that we intend to the
highest degree possible to comply with code. ACCAP concurs with
staff's recommendation. That is what is practical for this site:
He and staff talked about the different scenarios. He is pleased
with staff's recommendation. He thought everyone would see a
dramatic improvement in this property. The property was a
foreclosure property and was badly neglected. You will see an
improvement in this site over the next few months. The adjacent
property is an owner-occupied four-pl�ex� which.a.s one of the more
exemplary properties in this neighborhood. When this structure is
renovated, it will be of the same standard. That property has a
four-car garage. �
Dr. Vos asked if the neighboring four-plex had parking on 57th
Place.
Mr. Klein stated they did. He is recommending for this propgrty a
2 1/2 car garage. The extra space would be used for a shop.
Ms. Savage asked why they were not constructing a four-stall
garage. .
Mr. Klein stated they could not for lack of space. Also, the
rehabilitation for this property is very major and costly. Part of
the reason is financial and part is also qreen space consideration.
Dr. Vos asked if it was a factor that there are two garage stalls
available is better than none, but four is better than two.
15.13
APPEALS COMMISSION MEETING, SEPTEMBER 12, 1995 PAGE 16
Mr. Klein stated there was a trade off. They see this as a
storage/workshop area plus a two-car garage. They felt there would
be adequate parking with the combination of parking and garage
space.
MOTION by Mr. Kuechle, seconded by Dr. Vos, to close the public
hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAiGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:10 P.M.
Ms. Beaulieu asked what stipulations staff is recommending.
Mr. Hickok stated staff recommends a new stipulation related to the
hardsurface drive within a one-year period. The remaining
stipulations relate to the drive in front of the apartment.
Mr. Kuechle stated he would recommend approval of the request.
They have worked closely with staff trying to make the best out of
what is not an easy situation. He would recommend approval with
the stipulation for the hardsurface driveway.
Ms. Savage agreed.
Dr. Vos agreed. Part of it is that 57th is considered the front.
If this was considered a back yard, they would then be within 0.5
feet.
, ;:
Ms. McPherson stated, if this were�a typical'linterior lot, this
would be true. This lot is considered to have two frontages and
both are treated in the same manner. _,_
Dr. Vos and Ms. Beaulieu concurred with the recommendation.
MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend approval
of Variance Request, VAR #95-26, by Anoka County Community Action
Program, Inc., to -reduce the front yard setback from 25 feet to
24.6 feet to allow construction of a detached garage, all on Lot 11
and 12, Block 6, City View, generally located at 380 - 57th Place
N.E., Fridley, Minnesota 55432, with the following stipulation:
1. A hardsurface driveway be completed by October 1, 1996.
UPON A VOICE VOTE, ALL i�OTING AYE, CHAIRPERSON SAVA�GE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Klein asked if this request would need to go before the City
Council.
15.14
Ms. McPherson stated this request will require City Council action
because this is an R-2 zoning district.
S. UPDATE ON PLANNING COMNIISSION AND CITY COUNCIL CTIONS
Mr. Hickok provided an update on Planning C 'ssion and City
Council actions.
ADJOURNMENT :
MOTION by Dr. vos, seconded by s. Beaulieu, to adjourn the
meeting.
UPON A VOICE VOTE, ALL VOTIN , CHAIRPERSO[�T DECLARED THE M4TIO�i
CARRIED AND THE SEPTEI�E - 12, 1995, APPEALS CON�iISSION MEETING
ADJOURNED AT 9:18 P.M. �
Respectfully submi ed,
Lavonn
Record
Secretary
, : -_
�--
��: � .
�'#,�515
�:� . •
.
7
DESCRIPTION OF REQUEST:
The petitioner is requesdng a special use permit to allow construction af a second accessory structure at 6291
Centra! Avenue.
SUMMARY OF ISSUES:
Code Section 205.07.Oi.C.(1) states, "Accessory buildings other than the first accessory buiiding, over 240
square feet [are permitted with a special use permit] "
The petitioner is ptanning to eniazge his e�dsting home through the construction of a 8' X 24' room extension
on the north side of the e�dsting home and buitding a 2-car garage with a master bedroom above. The
garage/master bedroom combination will be constructed 16' west of the e�dsting home (toward Central Avenue)
and witi be connected to the home by a 2-story breezeway.
An 18' x 20' garage currentiy e�dsts on the east side of the property. It is the intent of the property ovuner to
keep that garage and eventually improve it so that it is architecturally compatible with the updated home.
The Appeals Commission approved a side yard setback variance to correct an e�dsting encroachment and
reduce the setback for the proposed garage addition from 10 feet to 7 feet
RECOMMENDED ACTION:
Staff recommends approval of a specia� use permit, SP #95-09, to allow construction of a second accessory
structure with the following stiputations:
1. The petitioner shall construct a hazd-surfaced drive of asphalt or concrete within 12 months of the City
Councit's approval of SP #95-09.
2. All grading, drainage and downspout locations shall be designed in a manner will prevent detrimental n.�n-
off impacts to adjacent property.
3. All necessary permits shall be obtained from the City prior to construction.
PLANNtNG COMMISSION ACTION:
The Planning Commission concurred with the staff recommendation.
16.� 1
Staff Report
SP #95-09, by Paul Litwinczuk
Page 2
LITWINCZUK SPECIAL USE PERMIT
PROJECT DETAILS
Petition For. A special use pe�mit to allow a second accessory structure in excess of
240 square feet
Location
of Properly:
Legal Description
of Property:
Size:
Topography:
Existing
Vegetation:
Existing
Zoning/Plat�ing:
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
Engineering
Issues:
Site Planning
tssues:
6291 Cerrtral Avenue
Part of Lot 17, Auditor's Subdivision No.22
16,694 sq. ft.
Flat
Typical suburban, sod, tree.s
R-1, Single Family; Auditor's Subdivision No. 22, 1939
Connected
Rice Creek Road
N/A
N/A
DEVELOPMENT S1TE
Code Section 205.07.01.C.(1) states, "Aocessory buildings other than the firs# accessory building,
over 240 square feet [are permitted with a special use permit]".
16.02
Staff Report
SP #95-09, by Paul Litwinczuk
Page 3
The petitioner is planning to enlarge his eatisting home through the construction of a S' X 24' room
extension on the north side of the existing home and building a 2-car garage with a master
bedroom above. The garage/master bedroom combination will be c�onstructed 16' west of the
existing home (toward Central Avenue) and witl be connected to the home by a 2 story breeze�nray.
A new driveway, from Rice Creek Road, will be created to serve this garage.
** STIPULATION ** All grading, drainage and downspout locations shall be designed in
a manner will prev�errt detrimental run-off impacts to adjacent
property.
** STIPULATION ** The petitioner shall construct a hard-s�rfaced driv�e ot asphalt or
concrete within 12 months of the approval date of SP #95-09, by
the City Council.
** STIPULATION ** All necessary permits shall be obtained from the City prfor to
construction.
A two car garage curren�y exists on the east side of the property. It is the intent of the property
owner to keep that garage and everituaAy improve it so that it is ar�chitecturally compatible with the
updated home.
Mr. Litwinczuk's home is at the comer of Rice Creek Road and Central Avenue. The home on the
property south of this par+cel is located approximately 20' from the pr+�perty line. At its closest
poir�t, the Litwinczuk home will be appro�amately 22' from the I'iving portion of ti�e home to the
south.
A variance request, to construet the garage addition 7' from the southem property line was
approved by the Appeals Commission on September 12, 1995. The e�dsting dwelling is located 3.6'
feet from the property line and would need to be comple�tely relocated if the pefitioner were to
correct the existing encroachmerrt.
Description of Parcel & History
Subject parcel is located at the southeast comer of the irrtersection of Cerrtral Avenue and Rice
Creek Road. The parcel measures 6T x 24T. As it is a comer lot, the shortest of the iwo street '
fror�tages is technically the frorrt yard. Located on the parcel is a single family dwelling unit
measuring 20' x 24'. The City has no recorc! of when this dwelling was oonstructed� though the
peetitioner has indicated that the original cor�ruction took place in the 1930's. Also located on the
parcel is an 18' x 20' detached garage, for which a permit was issued in 1973.
ADJACENT SITES
WEST: Zoning: C-3, Generat Shopping Ce.nter Land Use: Retail
SOUTH: Zoning: R-1, Single Family Land Use: Residerrtial
16.03
Staff Report
SP #95-09, by Paui Litwinczuk
Page 4
EAST:
NORTH:
Comprehensive
Pianning Issues:
Public Hearing
Comments:
Zoning: R-1, Singie Family Land Use: Residerrtial
Zoning: G1, Locai Business Land Use: Office Mail
This special use permit request and the current zoning is consistent with
the Comprehen.sive Plan.
To be taken
RECOMMENDED ACTION:
Staff recommends approval of a special use pertni� SP #95-09, to allow construction of a second
accessory structure with the fotlowing stipuiations:
1.
2.
�
The petitioner shall construct a har+d-surFaced drive of asphalt or concrete within 12 morrths
of the City Council's approval of SP #95-09.
All grading, drainage and downspout locations shali be designed in a manner will prevent
detrimental run-off impacts to adjacent property.
A(I necessary permits shall be obt�ined from the City prior to constn�ction.
16.04
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SP ��95-09
� Paul Litwinczuk
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TO: William W. Bums, City Manager �� PW9S-270
�
FROM: John G. Flora, Public Works Director
Jon Wilczek,�sistant Public Works Director
DATE: October 2, 1995
SUBJECT: Central Avenue Bikeway/Walk�vay Project No. ST. 1994 - 9
Bids were opened on Thursday, September 28, 1995, for the Central Avenue Bikeway/
Walkway Project No. ST. 1994 - 9. Three planholders submitted bids. Hardrives, Inc. Of
Plymouth, MN, submitted the low bid in the amount of $349,352.90. The bids for this
project are much higher than was expected. Our estimated cost to the project was
$280,000.00. Much of the higher cost can be attributed to the bridge and retaining walls.
We feel that by reviewing the present design and making some changes to economize the
cost such as reducing the length of the bridge and changing its location and reducing the
number of retaining walls, we will be able to significantly reduce the cost of the project.
The project then could be rebid in the spring of 1996.
Recommend the City Council reject the bids for the Central Avenue Bikeway/Walkway
Project No. ST. 1994 - 9 to be rebid in early 1996.
JwiJGF:cz
17.0 �
��
• u •.
., . �
BID FOR PROPOSALS
CENTRAL AVE BIBEWAY/WALgWAY, PKOJECT NO. ST. 1994 - 9
THURSDAY, SEPTEMBER 28, 1995, 10:00 A.NL
:::;:: .: >;;::<:;:::::. : ;:::::;.;::
>: .:>::::>:::::;:: ::> .;:;: ::>:;:::::::::.;> :;. �:>:::> :�:;::;::;::::>:::.;:::;::.<: . .
``;< '.:`�`>":::;>:::::::::: ::`:>>:'``;.:.`::'>::<;::::> . .
, : :: :: : Q" ::::>:;:`::>::>:::<:::::>:::>: :::::>::::>:::> td: I� ;::: ::>::::< ::>::;�+C��'��. � .�.. .... .. .��3l�IME�'S °'
; _, , .. P#.�k�iH �,�E�.:.,. . .:::, .. . . ......:... � . � _ Cl:... .. ....... . . .. . . ....
Hardrives Inc 5% Peeriess Ins. $349,352.90
9724 10th Ave N
PI mouth MN 55441
Forest Lake Contracting Inc 5% CNA Ins. Co. $361,734.50
14777 Lake Drive
Forest Lake MN 55025-9461
H8�M Asphalt Company 5% United/ $399,791.95
6701 Noms Lake Rd NW Fidelity
Elk River MN 55330 �
Bituminous Consulting 8� NO BID
Contracting Co
2456 Main St NE
Minnea olis MN 55434
Central Landscaping NO BID
13655 Lake Drive
Forest Lake MN 55025
Construetion Materials NO BID
6725 Oxford St
St Louis Park MN 55426
Cy-Con Inc NO BID
360 W Larpenter
St Paul MN
HNTB Corporation NO BID
6700 France Ave S
Minnea olis MN 55435
Jay Bros Inc . NO BID
9218 Lake Drive NE
Forest Lake MN 55025
Thor Construction Inc NO BID
5400 Main Street
Minnea olis MN 55421-1132
Vafley Paving !nc NO BID
4105 85th Ave N Bldg B Suite 103
Brooklyn Pa�ic MN 55443
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