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AF-UE - 40797�� ����� I►�� 1 ����1�7��►� I�i��� I DEVELOPMENT DIRECTOR DATE: June 6, 1996 TO: �Iliam Burr�s, City Manager �,j�� � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Easement Agreement Between the City of Fr'idley and Trillium Corporation Trillium Corporation, the real estate arm of Burlington Northem Railroad, is selling the parcel indicated on the attached map to Tri-Star Insulation of north Minneapolis. The subject parcel, while having access to East River Road, does not provide direct south- bound travel due to the median in East River Road. In order to gain access to 61st Avenue and the signaled intersection, Trillium is granting an access easement on its property adjacent to the easterly property line of the subject parcel. Trillium has asked the City for permission to use a portion of the 61 st Avenue right-of-way east of Ashton Avenue to obtain access to the signaled intersection. Attached is the easement agreement which indemnifies the City from all claims arising from use of the right-of-way, and also requires Trillium to construct and maintain the proposed access road for Tri-Star Insulation. The City Attomey reviewed the attached document which includes his suggested changes RECOMMENDATION Staff recommends that the City Council approve the attached easement agreement with Trillium Corporation. MM/dw M-96-263 3.01 JUN 06 '96 09�54 BARNA GUZY & STEFFENGER $ABF.t�ilT A�iREBDSEDiZ' :: P.2 Ti�IS EASEMENT AGREEMErTT is made and entkered into on , 1996, by and between Tha Ci�ty o� Fridlay, a publac body corporate and politic under the.;laws o£ the State of Minnesota (herei�after referred to as '�Grantor"), Trillium Corparation, a Washington corporation (hereinafter referred to as "Trillium"), and Burl3.agtoa Nortbern Railroad, a (hereinafter referred to as "Burlington"), .(together Trillium and Burlington are hereinafter referred to as "Grantee"). Ti�ITNESSETH.�� T�lIiLREAS, said Grantor is the owner of that tract o� land in the Caunty of Anoka, State of Minnesota, de�scribed on the attached Esbibit A(hereinafter referred to.as ��Burdened Parcel�') ; �� WHEREAS, TrilJlium is the owner of that. tract of land in the County of Anoka, State of Minnesota, descrilaed on the attached Bghibit B, and Burlinqton is the owner of that tract of land in the County of Anoka, State of Minnesota, de�cribed on the attached �sLibit C(the land described in �hibits B and C are hereinafter referr�d to as "Senefitted Parvels"); TaHEREAS, Grantor hereby desires to gra�tt a no�n--exclusive easement over the Burder�ed Parcel for the b�nefit of the Senefitted Parcels for driveway and walkway purposes. IN CONSIDERATION of the recitals above�and other good aad valuable consideration received by Grantor,, the receipt of which is hereby acknowledged, the parties agree a� follows: 1. Grant oP Easement. Grantor for itself, its successors and assigns, hereby grants to Grantee, its successors and assigns, tenants, customers, employees and:iavitees of such parties, and all aubsequent owners of the �nefitted Parcels, tor th.e benefit of said Benefitted Parcels, a perpetual, non- exclusive easement for the construction and'maintenance of a driveway and walkway for ingress and eqress:;over and across that portion of the Burdened Parcel leqally desc�ibed on the attached Sshibit D(hereinafter referred to as the °$asement Parcel°). . ,. . . , ,s,. , •. 2 . �.'int�,�a_ncg_ Trilliu ���� "'�'� �' � � r� � . . . , sha.11 cause the road improvements on the Easemen�'" ar'�"e a� � e constructed�� Trillium. 3.04 Aii Vi/r7 V.7 Vi VVi��7{�ri M�V 41Vii j Parcel shall be born by the JUN 06 '96 09�55 BARNA GUZ1' & STEFFENGER P.3 Notwithstanding anything contained hei�ein to the contrary, Burlington shall be liable for those maintenance anti repair , expenses caused or occasioned by the act oX�omission of Burlingtc�n, its agents, employees, lessees;or invite�s who cause or create any extraordinary repair or maintenance expenses. 3. Indemni�v,_ Tr3.11iutn agrees to ��iemnify, defend and hold Gtan�tor and Burlington free and harml�ss from and against all claims, lawsuits, liabilities and cos�s arising o�t of vr in any way coanected with or incident to the �se of the Easement Parcel b� Trillium., its agents, invitees, e�ployees, and �essees. Burlington agrees to indemnify, defend:�and hol.d Grantor and Trillium free and harmless from and against:all claims, lawsui�s, liabi].ities an8 costs arising out of or in 24ny way connected with or incident to the use of the Easement Par�el by Burlington, its agents, invitees, employeess and lessees. .� 3. Succ�s or and Assians. The term�, easement aad provisions hereof shall inure to the benefi.� of and be binding upon the heir•s, legal represen�atives, sucCessors and assigns of the parties hereto and the covenants, agree�ents and easements contain�d l�erein, sha11 be deemed to run With and burden the Burdened Parcel and beneiit the Benefitted Parcels. 4. Restrictions. a) other than the roadway, curl� and lighting�, if any, no other improvements,����tructures, signs, fences barriers, etc., shall�be built or placed on the Easement Parcel. �.. b) There shall be no parking ox���the Easement Parcel. c) There shall be no storaqe of any type on the Easement Farcel. � i. Tnis agx�eementi is noz inzenaea -�o�, ana snvuia naL Ae constrv.ed to, dedicate the said Easement Paprcel to the general public, not shall this Agreement be constr�ed to restrict the use _2.. 3.05 JUN 06 '96 09=56 BARNA GUZY & STEFFENGER P.4 an.d d��elopment of the land described herein, except as stated her�in. � IN�WITNESS WFYEREOF, the parties heretQ have executed this Agreement on the day of �:, 1996. GAilI1TOR: GRl1�T8E t STATE �F MINNESOTl�!) ) SS COUNTY OF ) The Citp of lridlep By � Will.iam Ne� . Its ,�,yar By . William Buzns Its Citv Manaaer Trillium Corg,�or.atioa By . Paula �r � � Its Vice Preg,zdent Burlington Kbsthern 8ailroad By Its The foreqoiMg instr•ument was acknowle�ged before me this day of , is96, by WiYliaqn Nee and William Surns, tY�.e Mayor and City Manager, respectively, of the City of Fridley, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the City. -3- 3.06 � FROM CB COMM RE GROUP (WED) 06. 05' 96 l7: 07/ST, 17:05/N0, 3561520955 P 7 E�IBZT A 61st Way Right oE Way located in the southeast Quarte�r oP the Sout,h,east Quarter af SectXon 15, To�rnship 30, Range 24, and in tiie IPortheast Quarter of t2ie Northeast Qv.artez of 9ection 22, Township 30, x2�ge 24, A�noka eounty, Minnesota. 3.07 FAOM CB COMM RE GROUP (WED) 06. 05' 96 17 ; 07/ST. f 7: 05/N0, 3561520955 P 8 ESH'IHIT B Lvt 1, Blvc,k 1, Lon,gvie� 1st Addition, ar.�orBing to the reca�ded plat the�revf, city o� �rfdle�, �o]� faunty, M�nnesota, togethex� with an appurtertant easement fvr driveway ar►d. v�alkway purposes, over and across the fol].vwing described property: A�ll that pa.,�t of the Surlington Morti�ern Railroad Company right of Way in the Southeast �uarter of the Southeast Quarter of Section 15, Township 30, Range 24 and the �ortheast Quarter of the Northeast Quarter of Section 22, Townshlp 30, Range 2�4, Anoka County, Minnesota, which lxes w�thin a strip of land 35.00 feet wide, the centerlfne of said strip being described as follows: Calmimencing at the northeast corner of LOT 1, BLOCK 1, LONGVIEW iST ADD2TION, according to the recorded plat thereof, said northeast corner also being a point on the westerly line of said Burlington Northern Railroad�Company right of way; thence on an assumed bearxng of South 02 degrees 53 minutes �,5 secands west along th� easterly line of said Lot 1 and said westerly, right of way line for 27.5s feet; thence south 87 degrees 06 minutes 15 seconds east for 17.50 feet to the actual point o� beginning of the centerline te be described; thence north o2 degrees 53 =ainutes 45 seconds east for 183_96 feet to the north line of said Northeast Quarter of the Northeast Quarter of said section 22; thence continue north o2 degrees 53 mxnutes 45 seconds east for 30.00 feet to the northerly Right of Way ].ine of 61st Way and there terminating. The sfdelines of sai,d strip ar� to be prolonged or shortened to terminate on said northerly right of way line vf 61st Way. 3.08 FROM CB COMM RE GROUP (WED) 06, 05' 96 ( 7: 08/ST. 17 ; 05/N0, 3561520955 P 9 Ex'BIBIT � All that part of the Burlington Northern Railroad Company right of way in the 3outheast Qnsa�eter of the Southeast Quarter of Sectiah i5, To�ship 30, Range 24 and tPie No=theast Quarter of the �ortheast Quarter of Section 22, Township 30, Range 24, A,noka County, Minr�esota, �hich lies within a strip of land 35_00 feet �id�, th.e cent�rline of said, strip being described as follows: Commencing at the northeast cornez of LOT 1, BLOCK 1, T�OI�TGVIEW iST ADD�TION, according to the recorded plat theseof, said nottheast corner also being a point on the westerly line of said B�urlington Northern Railroad Company right oP way; thence oz� an assumed. bearing of South 02 deqrees 53 minutes 45 seconds h►est along the easterly ].ine of said Lot 1 and said westerly right of way iine ;for 27.65 feet; thence south 87 degrees 06 minutes 15 seconds east for 17.50 feet to the actual goint of beginninq of the centerla.ne to be described; thence north 02 degrees 53 minutes 45 seconds east for 183.96 feet tc the north line of said Northeast Quarter af the Northeast Quarter vf said section 22; thence contxnue north o2 deqrees 53 minutes 45 seconds east Eor 30.00 feet to the northerly Right of Way line of 61st Way and �there terminating. The s�.delines of said strip are to be prolonged or shortened to terminate on said northerly right of way line of 61st Way. 3.09 FAOM CB COMM AE GROUP (WED) 06. 05' 96 17: 08/ST. 17:05/N0. 3561520955 P 10 E�$EHIT D All that part of the Rfgh� of Way of 6�.s� Wa�► in the southeast Quarter vf the Sou�b,east Quax•t,er of Section 15, ToWnship 30, Range 24, and in the Northeast Quarter of the Noztheast Quarter of Section 22, Township 30, range 24, Anoka County, Minnesota,. whi�h lies within a strig of land 6v.00 �eet wide, the centerline oP strip being described as failows: commencing at the intessec�ivn af the north line of the Nvs-theast Quarter of Sectivt� 22 and the westerly line of the Burlingtan Koztherrt Rail�raad Ccmpanx �tiqht of e�ay; thence easterly a�,ottg said north. line gor 35, 00 feet ta the actual goint of beginning vf the centerlfne descrfbed; tiience we5t�zly alonq said north line for 95.00 feet and there te�rminating . The sidelines of strip are to on said westerly line of the R�ght of Way and to terminate degrees 14 mi.nutes 22 seconds terminus of said centerline. be prolonged os shortened to begin Burlington Northern Raflroad Company on a line which bears North 10 East and passes through the 3.10 r 4 HOLSTAD AND L,ARSON, P.L.G. WAYNE B. HOLSTAD RUSSELL L.C. LARSON KAREN HILL FJELD't' JOHN L. LINDELL LARRY S. MOUNTAIN j' REAL PROPERTY LAW SPECIALIST May 31, 1996 ATTORNEYS AT LAW 3535 VADNAIS CENTER DRIVE SurrE 130 SAINT PAUL, MN 55 i 1 O TELEPHONE 612/490-9078 FACS�M��E 6� Zi49a i 5so Michele McPherson VIA COURIER Planning Assistant City of Fridley 6431 UniversiTy Avenue NE Fridley, Minnesota 55432 Re: Easemeirt Ageement between City of Fridley and Trillium Corporation Dear Ms. MePherson: Enclosed plea.se find the following: l. 2. 3. 4. 5. 6. ! ' 3:: _.�': OF COUNSEL: FREDERIC W. KNAAK� 'ALSO LICENSED tN WISCONSIN AND COLORADO Draft Easement Agrcement beriveen the City of Fridley and the Trillium Corporation; Loca.tion ma.p; Lettsr from Keith Dahl at BRW., Inc.; Proposed access easement description for Trillium Corpora.tion, Inc.; Survey for the subject easement; and A Memorandum from Larry Mountain in my office. I have reviewed the Easement Agreement and other documents. Larry Mountain from my office drafted a memorandum with some suggested provisions for the Easement Agreement. I would advise that the provisions suggested by Mr. Mountain be implemented into the Easement Agreement. If you ha.ve any questions or concerns please do �ot hesitate to conta.ct Mr. Mountain or myself. Tha.nk you. Very tnily yours, HOLSTAD AND LARSON, P.L.C. , -' ..�1�- � �.. . , � Frederic W. Knaak " � j FWKImo Enclosure MEMORANDUM To: Fritz Knaak From: Larry Mountain Re: Easement agreement between the City of Fridley and Trillium Corporation Date: May 30, 1996 I have the following suggestions to the Easement Agreement between the City of Fridley and Trillium Corporation. 2. Maintenance. Grantee sha11 cause the road improvements on the Easement Parcel to be constructed, maintained and repaired as necessary. The expense and duty of construction, ma.intenance and repair of the Easement Parcel including, but not limited to surfacing, patching, stripping, replacement, restoration and repair, shall be the sole obligation of the Grantee. The Grantee shall, at all times, maintain the Easement Parcel in a clean and well-maintained condition and shall undertake on a periodic basis such measures as may by necessary to protect and repair the Easement Parcel from damages, whether such damage or deterioration is caused by the natural elements or any other cause of any type or kind 3. Im m�i . Grantee agrees to indemnify, defend and hold Grantor free and harmless from and against all claims, including, but not limited to mechanic liens arising from any labor performed or materials supplied to maintain, replace or repair the Easement Parcel or otherwise expanded in the fulfillment of the obligations of the Grantee, lawsuits, liabilities and cosis arising out of or anyway connected with or incident to the use of the Easement Parcel by Grantee, its agents, invitees, employees, and leases. The following provision should be added to the Easement Agreement: 6. Invalidation. The invalidation of any of the foregoing provisions of the Easement Agreement by judgment or court order sha11, in no way, affect any other provisions set forth herein which shall remain in full force and effec�t. I would also recommend a provision for insurance. A sample provision would be as follows: 4. Insurance. The Grantee shall maintain complete comprehensive general liability insurance affording protection to themselves and tliird parties for any loss, personal injury or damage arising out of or relating to the use, construckion, mairrtena.nce, repair or condition of the Easement Parcel. 0 SI FROM CB COMM RE GROUP (WED) 06. 05' 96 17: 06/ST. 17:05/N0. 3561520955 P 2 1►�roRn�tzb� .�c �E� 7(�ao�dc ' � � R� � � �r'J Dm� L�ap 30.1� �'b�.vrc�ea ��.y oFFt�► �sd �Gflna� L�xpor�on V! E� 0�'1 r����t��e , �"�'"�� t1g C'�iy ofPy�� �L �'a1I'mom,� � ' � �� ����� � � ��'���, � �id �fircf�F�pg� • F��'�cp�t�,�A��� � � � . m��a� ��Pe�e1 � a deaa�a�md �.� -�� , �oa �rfod� ���y roproaaa aad �qpair B�cF�P�ir3�adem�e� �. � � � � �mea� oc �y o�x,�ose ofaa� i7►pec�e l�iad. . 3 � ►� , �c � �� uatl%d �oo t°�°°��� c�ra+d �[� C'.+� tr� sad 1eSS f�a �md ���5: � ���P�nz����m���df���q� ��°m�►�� �sr� oyt of o�9ayy�► ����to �te a� aft� E�� 1a�� �abli�d'es �vi�• � �d.Ic� , � ��� asa��r �� P'�� �1d 6e �daedtr� tbe A0� p,�e�; e - � � � �►�� ' � a�r �,;�, � �y, � °S�+'u���sio+os o�Ybe Fa�e,oc l�e�t,t�,�d�� . � � � 9D�1 a�;st ia ;6at1 t� g� � : � � QRs° � �,�a f,Ct-:ras�� ,q �mP1E Pm�+i�.cm �aontd I� � fo�om6; ' • . d. � .�'i � (,u.� ' . - . �mmia c�a�qlete g�,�]. m ��s �md�$�.�{e� �r �ay � p� � � � � aptnf� �c �S �n '� � �-�n ofti�eF�p� �� m� � �m, ��ds -'�,� � /r / , TOeAL p.8? �OO�j ➢�Id d1�'I !�'dQll?� gtLZ 9�8 Stl,� ZZ=l.'[ 98/80/AO May 1, 1996 Mr. John Ryden `� � � `�'�� CB Commercial Real Estate Group, Inc. B R W INC. Minnesota Center 7760 France Avenue South, Suite 770 Minneapolis, MN 55435-5282 Planning Transportation RE: Trillium "Sequence # 194" Property Engineering Fridley, NIN Urban Design Deaz John: � V"�w � ��S � ��� � `_T� 6� �—nc�° e:��.. ���r � �. T'hresher Squaze �oo �a s��t so. Enclosed herewith are five copies of our completed revision to the "194" survey. Also Minneapolis, enclosed are one copy each of the proposed driveway/ingress & egress easements over MN 55415 the BNRC right of way and the City of Fridley 61 ST WAY right of way. You will note 612/370-0700 that the described easement areas overlap as both the City claims an easement/R/W for Fax 612/370-1378 61 ST WAY within the BNRC right of way. T'he configuration of the "City Easement Parcel" is as required by Scott Hickok at the City of Fridley. By copy of this letter and Denver attached materials I am asking Mr. Hickok to review the materials and conta.ct you with �Wa„k� his approval. I am also sending Sandy Nelson at the Barna Guzzy firm these materials Minneapolis and asking her to revise the previously submitted easement description , as, based upon o�laz,ao the City's requirement, the easement from BNRC need to be extended to the north line of �� the 61 ST WAY right of way (into Section 15) and not to end on the line between rorttana Sections 15 and 22 as previously described. She should also change the BNRC "parent ���o parcel" description within the easement to reflect the addition of land in Section 15. Seattle Any of the pazries receiving this letter should feel free to contact me at (612) 373-6465 if there are questions. Sincerely, BRW, Inc. Keith E. Dahl, L.S. Senior Associate enclosures c: Debbie Turk - Trillium Corporation Sandy Nelson - Barna, Guzzy & Steffenger Scott Hickok - City of Fridley file 2062 A 00 � MAY 1, 1996 PROPOSED ACCESS EASEMENT DESCRIPTION for TRILLIUM CORPORATION SEQUENCE # 194 FRIDLEY, MINNESOTA BURLINGTON NORTHERN RAILROAD COMPANY A permanent easement for ingress and egress purposes over and across all that part of the Burlington Northern Railroad Company right of way in the Southeast Quarter of the Southeast Quarter of Section 15, Township 30, Range 24 and in the Northeast Quarter of the Northeast Quarter of Section 22, Township 30, Range 24, Anoka County, Minnesota, which lies within a strip of land 35.00 feet wide, the centerline of said strip being described as follows: Commencing at the northeast corner of LOT 1, BLOCK 1, LONGVIEW 1 ST ADDITION, according to the recorded plat thereof, said northeast comer also being a point on the westerly line of said Burlington Northern Railroad Company right of way; thence on an assumed bearing of South 02 degrees 53 minutes 45 seconds West along the easterly line of said LOT 1 and said westerly right of way line for 27.65 feet; thence South 87 degrees 06 minutes 15 seconds East for 17.50 feet to the actual point of beginning of the centerline to be described; thence North 02 degrees 53 minutes 45 seconds East for 183.96 feet to the north line of said Northeast Quarter of the Northeast Quarter of Section 22; thence continue North 02 degrees 53 minutes 45 seconds East for 30.00 feet to the northerly Right of Way line of 61 ST WAY and there terminating. The sidelines of said strip are to be prolonged or shortened to terminate on said northerly right of way line of 61 ST WAY. 194esmt.kl3 MAY 1, 1996 PROPOSED ACCESS EASEMENT DESCRIPTION for TRILLIUM CORPORATION SEQUENCE # 194 FRIDLEY, MINNESOTA 61ST WAY RIGHT OF WAY An easement for ingress and egress and driveway purposes over and across all that part of the Right of Way of 61 ST WAY in the Southeast Quarter of the Southeast Quarter of Section 15, Township 30, Range 24 and in the Northeast Quarter of the Northeast Quarter of Section 22, Township 30, Range 24, Anoka County, Minnesota, which lies within a strip of land 60.00 feet wide, the centerline of said strip being described as follows: Commencing at the intersection of the north line of said Northeast Quarter of the Northeast Quarter and the westerly line of the Burlington Northem Railroad Company right of way; thence easterly along said north line for 53.00 feet to the actual point of beginning of the centerline to be described; thence westerly along said north line for 95.00 feet and there terminating. The sidelines of said strip are to be prolonged or shortened to begin on said westerly line of the Burlington Northern Railroad Company right of way and to terminate on a line which bears North 10 degrees 14 minutes 27 seconds East and which passes through the terminus of said centerline. 61 stway.kl3 DATE: May 22, 1996 MEMOI�:ANDUM PLAN1vING DIVISION TO: Fritz Knaak, City Attomey FROM: �lichele McPherson, Planning Assistant SUBJECT: Easement Agreement Between City of Fridley and Trillium Corporation Trillium Corporation is selling the parcel indicated on the attached map to Tri-Star Insulation. Tri-Star would like access to 61 st Avenue in order to go south on East River Road. Trillium has agreed to grant an access easement on its property along the east property line of the parcel to the north of the subject parcel. The City will also be granting permission to use a portion of the 61 st Avenue right-of-way for access. Please review the attached documents. The documents describe the easement � agreement between the City of Fridley and Trillium Corporation. Please make arry necessary changes to the easement agreement. Specifically, we are concemed with the maintenance and indemnification clauses of the attached agreement. Please respond in writing by May 31, 1996. Please retum the enclosed documents to my office. We will be scheduling approval of the easement agreement for the June 10, 1996, City Council meeting. MM:Is M-96-239 t� ' __�. »_. - ------- � � �� � �;'s I�� ;7---� �._... , , -�- � a � � . . _r : - �w ' ', f �11a e 1 J , , �__——i � I B 9 ! 1 1 , . . . �. B I TUM I NC�� RO.H��,": �.�; _- � s�.0� ,.c, , ' � ;,, ,' , { , , . ,: f: - , � �; � �. •', � `` � i r.' �'� : /" ' '" c Q(�'d • ' � f: 1, : : 1 ;<<. � � " 1 .r'- . 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I �� I � � - � �� � ' '� D I zP � -' � _ I �z° �o I ��. 3.03 I � - - � � , �� I �, , _, � ,_, , � Z _-- N CATION MAP FRIDLEY CITY COUNCIL MEETNG OF JUNE 10, 1996 2 structure in his rear yard. The buil ' would be used for hobby related woodworking. Mr. Burns stated that the anning Commission has recommended approval with the sti ations that the accessory structure be architecturally co atible with the existing dwelling, that it be constructed f similar materials, and that the structure shall at time be utilized for a home occupation. The petitio agrees to the stipulations, and staff recommends app al. 3. APPROVE EASEMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND TRILLIUM CORPORATION, GENERALLY LOCATED AT 61ST WAY AND ASHTON AVENUE ( WARD 3 ) : Mr. Burns, City Manager, stated that Trillium Corporation is selling a parcel of property to Tri-Star Insulation who will construct an office/warehouse on the site. This parcel, while having access to East River Road, does not provide direct southbound travel due to the median in East River Road. In order to gain access to 61st Way and the signaled inter- section, Trillium is granting an access easement on its property adjacent to the easterly property line of the parcel. Trillium has requested permi.ssion from .the City to use a portion of the 61st Way right-of-way east of Ashton Avenue to obtain access to the signaled intersection. Mr. Burns stated that this easement City from all claims arising from us requires Trillium to construct an� access road for Tri-Star Insulation. not object to granting the easeme approval. agreement indemnifies the � o� the right-of-way and i maintain the proposed The City Engineer does nt and staff recommends APPROVED THE EASEMENT AGREEMENT AITH TRILLIUM CORPORATION. 4. RECEIVE BIDS AND AWARD CONTRACT FOR 1996 STREET PROJECT NO. 1996-10 (SEALCOAT): Mr. Burns, City Manager, stated that fo ids were received for the 1996 sealcoat project, and low bidder was Asphalt Surface Technologies Corporatio (ASTECH) in the amount of $174,315.86. There are 32 8 square yards of sealcoating to be completed includ' 160,000 square yards that were originally to be do in 1995. The bid. was less than estimated, and it s felt this was due to the large size of the project. . Burns said that staff recommends the bids be received an he contract awarded to ASTECH. RECE THE FOLIAAING BIDS FOR THE 1996 STREET IMPROVEMENT PR CT NO. 1996-10 (SEALCOAT): Astech Corporation, 74,315.86; Allied Blacktop, $178,885.17; Bituminous Roadways, $191,363.00; and Caldwell Asphalt, $217,101.82. THE THE MINUTES OF THE REGUI,AR MEETING OF THE FRIDLEY CITY COUNCIL OF JLJNE 10, 1996 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:37 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pled of Allegiance to the Flag. ROLL CALL: MIIKBERS PRESENT: Mayor Nee, Councilwoman orgenson, Councilman Billings, Councilman S eider, and Council- woman Bolkcom MEMBERS ABSENT: None FRIDLEY `49ER DAYS CELEBRATION: Mr. Hal Hinchliffe, President of Fridley `49er Days, invited Council and all residents to at end the '49er Days celebration which begins with a parade on T rsday evening. He outlined the events taking place during this celebration. He said that buttons are on sale at SuperAmerica sto es. APPROVAL OF MINUTES: COUNCIL MEETING, MAY a'0, 1996: MOTION by Councilwoma Jorgenson to approve the minutes as presented. Seconded b Councilma.n Schneider. Upon a voice vote, all voting aye, Mayor ee declared the motion carried unanimously. APPROVAL OF PROPOSEI)°CONSENT AGENDA: NEW BUSINESS: 1. RECEIVE TH�` MINUTES OF THE PLANNING COMMISSION MEETING OF MAY A RECEIVE THE MINUTES OF THE PLANNING CONIl�IISSION MEETING OF MP,Y 15, 19 6. 2. SPEC AL USE PERMIT, SP #96-10, BY GLEN DOUGLAS, TO ALLOW AN ACC SSORY BUILDING OTHER THAN THE FIRST ACCESSORY BUILDING, �Y LOCATED AT 871 66TH AVENUE e Mr. Burns, City Manager, stated that this is a request for a special use permit to allow the construction of a second accessory structure over 240 square feet. The petitioner is proposing to construct a 20 foot by 24 foot detached metal