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DECLARING LAND EXCESS AND AUTHORIZING SALE MEMORANDUM TO: Nasim Qureshi, City Manager PW88-17 FROM: John G. Flora,/Public Warks Director DATE: January 26, 1988 SUBJECT: Tax Forfeit Property The County identified Pin No. 03-30-24-22-0075 as a tax forfeit property this spring. The City had requested the property be transferred to the City so that it could be combined with the Broad street right-of-Way for a possible residential building site. The County action conveyed the tax forfeit property to the City. We had requested the property be transferred without any stipulations. We are investigating the definition of the action taken by the County to trans- fer the land for possible use purposes. JGF/ts ZED: Nasim Qureshi FROM: John G. Flora �''' D=: 2-25-88 We have received the County processing fee for the tax forfeit parcel. A purchase order has been made and the check for $139.65 will be hand-carried to the County Treasurer. Upon receipt of the deed fron the State, the City will then acquire the property fee title. JGF/ts W �i fWDL1Y Speed Message To---- ..--John Flora, P.W. Dir. Date 1/22/88. From NASIM OURESHI, City M=agei s Office_ Subject PIN x#03 In 94 22 nn7s - • Please prepare a map of the following__propert,ys_ PIN #03-30-24-22-0075. _ � ._ Thank you for your assistance. r, --- NMQ:1 a/ch ---- - --------- —_- �-- - -- — Wilson Jones Company Signed --- w..,:.e 10.. .M9 :..,. 86 County Board Agenda For the January 26, 1988 County Board Meeting Page 2 9. Consider authorizing the solicitation of proposals (RFP's) for consultants, as recommended by the Finance and Capital Improvements Committee during the 1988 County budget process, for the following areas: A. Comprehensive space needs analysis for Courthouse and vicinity; and, B. County-wide telecommunication needs analysis. See attached memo from Terry Johnson and proposed RFP. 10. Consider approving the following mortgage registration tax refund at the request and recommendation of the County Treasurer: A. (Erhart) Application for abatement - Universal Title Company - Refund $140.53 mortgage registration tax and $5.00 agricultural conservation fee as an error on the mortgage at closing required a new mortgage deed be drawn and fees will be paid when new deed is recorded - See attached memo dated January 14, 1988 and application. II. Consider approving the following land transactions at the request and recommendation of the County Auditor: A. (McCarron) Application by governmental subdivision for conveyance of tax-forfeited properties - PIN #03-30-24-22-0075 - City of Fridley - for public use purposes -See attached application. 12. Committee appointments: A. Consider re-appointing Ray Jones to the Joint Law Enforcement Council for a one-year term expiring January, 1989, as requested by Commissioner Haas Steffen. B. Consider re-appointing Judge Lynn C. Olson to the Community Corrections Advisory Board for a two-year term expiring February, 1990. C. Consider re-appointing Jon Erickson and Geonne Jepsen representing the public sector on the Anoka County Community Action Program, Inc. for three-year terms expiring February, 1991. See attached roster pages. i T 1 Z7 iw J7.71 1.9 � h siof a� � 14 '- ire " Li /is.l ioo e♦ o Igo. J6S tae I :r !t.f ISSISSIPP�, too 70 r � ) .9 if d •� � � to J 60 C9 40 " REQ ? d ? ) ,rte o I i o roo 1 io4 y le 7 .. 22 . 14 Q r CITY V RG.� ^1 iKn� E 1 � � (9) - 4 r Cllr _COON ' t' _ : _d io ty •' 'lt' 1yd r , .pRID_ c cs ecily fL, l7 /V J�, G io (1 ) f ) u I•/ f j f S ', �. ,� f„r i I PC DTI r ! .I r •) ) ! j 11 � ; .g 1' ,moi •. , f q )i Q 9 f � i . I >ro (1 „G..!) 3 t r � a ; "(„� �it'✓, i:� -- j0� ( i � •( ! � 4 s '! f!a f . .,`• � 1„ /� ,'�i C\9 ► G � � r41 '� "' ,..• � b C ' e fe )' � ! 'CRL s� � Ay7 �%j.i •�� March 20, 1990 City Council City of Fridley 6431 University Ave N.E. Fridley, MN 55432 Attention: Clyde Moravetz Gentlemen: I am writing this letter in reference to a lot owned by the City of Fridley (Lot 16 Block C) . This lot is located next to the house I own (621 Lafayette St N.E. Firdley) and I am interested in purchasing this lot. I would like to make an offer of $500. 00 (Five hundred dollars) . Your prompt reply to this letter is appreciated. Sincerely, r /? Gerald Reierson 11551 Marigold St N.W. Coon Rapids, MN 55433 (6 12) 421-7198 Lot Areas of Adjacent Parcels Fridley 621 Lafayette = 5,500 square feet 611 Lafayette = 5,500 square feet 591 Lafayette = 13,200 square feet 630 Lafayette = 8,250 square feet 612 Lafayette = 11,000 square feet 605 Kimball = 10,900 square feet Coon Rapids Lots 27-32, Block C, Riverview Heights = 20,850 square feet Lot 21, Block 4, Mississippi Oaks = 34, 100 square feet Lot 22, Block 4, Mississippi Oaks = 15,400 square feet Lot 23, Block 4, Mississippi Oaks = 14,960 square feet 1S Form 1154 - Poucher, Mpls. C Commissioner of Revenue Abatement Form 10(Rev.1174) (formerly Form 1211) STATEMENT O JVNER OF REAL ESTATE CLAIML ,'O BE EXEMPT FROM TAXATION w 0 c 00� Please Print or Type. Name of Applicant SOCIAL SECURITY NO.. Official Position Dsta of Applicator, Name of Organization Address DESCRIPTION OF PROPERTY PIN# 03 30 24 22 0075 STATEMENT OF OWNER 1. Applicant corporation is now and was on Jan. 2, 19_$Lthe owner of the above described real estate. 2. Ownership of the above property by the organization began on , 19 ,as evidenced by: 3. Exemption is justified for one of the following reasons: ❑ Public burying grounds. ❑ Public school house. This property was purchased by ❑ Public hospital. ❑ adademy, college, university, or seminary of learning. The City with the intent of creating ❑ church, church property, or house of worship. ❑ institution of purely public charity. a buildable parcel by vacating a ❑ Public property exclusively used for any public purpose. portion of adjacent street, and then a. the primary purpose and function of the property is: reselling the parcel for private development. Therefore the parcel would be taxable. b. Additional used of the property are: (give percentage of each use)' c. Ownership is necessary because: Signature of Applicant Dace elf the above property is used for any residential purpose, the questions on the reverse side must be answered. sss�p � o/ 60A Zo l�rdbl 0 570 le, /el vin j on C 20 hoUse -50lvhcns I grl.4n re- Cs) s �b /6 orrl 70 0ACr 0/0/7Ci,) (InAnown G0cRAct7 o�houses Anc/ /o Is k%/ l � �� coc 1 //0 ssss�p � Loi. 5P/1 W/A VRCA�m o� ,�ror�d Awe -7�,di� smie Rs o�h�r oche L6Sp 1t� uv\e- 1 ' bU• se�hacac � SC3iDac � '� r„ /' f l . , I ,C Q� PARCEL SCENARIO 11811 Combine lot 26 with the Property located to the East of the subject (Lot 2) . Combine the adjacent parcel located in Coon Rapids with the vacated street easement. Maintain or upgrade the current bike/hiking trail. Estimated value range (vacant) of Lot 1 $20,000-$26,000 Estimated value range (vacant) of Lot 2 $5,000-$8,000 Estimated Tax Capacity (lot 2 and %lot 1) $290 Estimated value range (Improved) of Lot 1 $80, 000-$90,000 Estimated value range (Improved) of Lot 2 $0 Estimated Tax Capacity (%lot 1 only) $120 Estimated tax benefit (annually) to the City of Fridley Vacant $45.00 Improved $20.00 This scenario is not the highest and best use of lot 26 and the adjacent vacated street. Splitting of the parcel in this manner reduces the utility and buildability, and therefore the value, of the portion located within the City of Fridley. LuT 26 , BLOCK C RIVERVIEW HEIGHTS MISSISSIPPI BLVD. r L � I 1271 I I 50' I C1N OF FR��E W E Rv � N E. LEGEND T s Y • DENOTES FOUND IRON PIPE225 LOT 1 1 2 5 s P . 6• L O O NMAK rrNCE Q 1 �Q w 5� 22 Q i C--) 4 - - - - - - - - � t� 35 - - - - - - - - - O I 2310 co r � CITY OF COON RAPIDS I l CITY OF RIDLEY 50' 1 SpN .As � W s , 33`, OM v ` � S3somr N N 'C0 O_ I PARCEL SCENARIO "R" PARCEL SCENARIO "A" Combine lot 26 with the vacated road easement west of the subject (Lot 2) . Reroute the bike hiking trail to the West or East side of the new combined parcel. Provide access to the adjacent parcel in Coon Rapids allowing possible subdivision into a new saleable parcel (lot 1) . Estimated value range (vacant) of Lot 1 $17,000-$23,000 Estimated value range (vacant) of Lot 2 $18,000-$24,000 Estimated Tax Capacity (lot 2 only) $460 Estimated value range (Improved) of Lot 1 $75, 000-$85,000 Estimated value range (Improved) of Lot 2 $75,000-$85, 000 Estimated Tax Capacity (lot 2 only) $880 Estimated tax benefit (annually) to the City of Fridley Vacant $70.00 Improved $135.00 This scenario utilizes the highest and best use of lot 26 and the adjacent vacated street. This would provide the highest return in terms of dollars to the City of Fridley and the adjacent property owner in Coon Rapids. LOT 26 , BLOCK C RIVERVIEW HEIGHTS MISSISSIPPI BLVD. L_ I I I 27 I GOON R�p�Ds �10 50' �ovOF FR�Ot~E W I Rpt 3' LEGEND 26 • DENOTES FOUND IRON PIPE ¢LO ¢L 2 25 1 _ I P CNAIKJNK FENCE I �e Lei 5C.) 22 Q O 23 CITY OF COON RAPIDS ! CITY OF RIDLEY 50' t S J. Hp 50ER1Vt � wS 3 s� 3� t33 1 i � l_-- ��. �� sl Q PARCEL SCENARIO "A" Ak MEMORANDUM TO: William W. Burns, City Manager PW90-127 FROM: John G. FFlora, Public Works Director //Clyde V. Moravetz, Engineering Admin. DATE: March 23, 1990 SUBJECT: Offer to Buy City-Owned Lot (See Attached Letter Dated 3-20-90) Lot 26, Block C, Riverview Heights went tax forfeit and the City acquired the property in 1988. The lot by itself is not buildable. However, if the City vacated the adjoining Broad Avenue and combined it with said lot a buildable property would be created. I believe this was the reason the City acquired the lot. Recommend the City Council review the options available and select direction to take on this request. JGF/CVM/ts FR DL% MEMORANDUM TO: ✓.dock Robertson, Community Development Director FROM: John G. Flora Public Works Director DATE: April 3, 1990 SUBJECT: Offer to Buy City-Owned Lot Due to a request to develop a buildable residential lot in the Riverview Heights area, Public Works has prepared a memo to the City Manager regarding the tax forfeit property (Lot 26, Block C, Riverview Heights) and the vacation of Broad Avenue. I have discussed this with the City Manager and he will be presenting it to the Council. I don't see any reason why they shouldn't concur with the concept of vacating the portion of Broad Avenue and combining it with Lot 26 for a buildable site. Recommend that upon with preliminary concurrence by the City Council, your department initiate action to vacate the portion of Broad Avenue adjacent Lot 26, Block C, Riverview Heights and a lot consolidation for future sale by the City. JGF/ts Attachment l PW90-1401 k ,2 —tWA7 i� 1' �� Z j'VC��i�E►L.ci v �� .�.9t/-J S'E`T 7 � -ST►rZ�� CCIYOF L''✓ FRIDW I u,jRRICK & NEWMAN' ATTORNEYS AT LAW Virgil C. Herrick M E M 0 R A n D U M � lames D. Hoeft - 3regg V. Herrick Of Counsel David P.Newman TO: Clyde Moravetz +, 1, Leon Madsen FROM: GreggHerrick L _r DATE: April 10, 1990 RE: Freeze on the Issuance of State Deeds for the Sale of Tax Forfeited Land Ta n ,t Our office received a request for a review of a memo directed to all county auditors which indicated that by reason of statutes /��S enacted in the 1989 legislative session,. the State of Minnesota will not be issuing state deeds for the sale of tax forfeited -lands occurring after March 15, 1990. The statutes require that WI-lrkd a review be made of all such lands so deeded from the state to determine whether the lands included any wetlands which were required to be raserved or restricted by a conservation easement. JJ Since the state had no funds to carry out this requirement, the � d state determined that it would simply not transfer any land until new legislation changed this requirement. C As of today's date, there has been no legislative action to correct this situation. I am of the understanding that the state legislature is considering bills next week to remedy this situation. As of today' s date it is my understanding that-the - freeze hatthe freeze on the state deeds is still in effect. GVH:ldb Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432, 612-571-3850 CITYOF FRt DLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432•(612)571-3450•FAX (612)571-1287 May 11, 1990 Mr. Gary W. Jackson City Manager City of Coon Rapids 1313 Coon Rapids Boulevard Coon Rapids, MN 55433 Dear Gary: My staff has recently advised me of a potential problem with our plan to combine the Broad Avenue right of way with an unbuildable lot on Lafayette Street. Apparently, that section of Broad Avenue is occupied by a fence that a Coon Rapids resident has built. Personally, I do not have any problem making the Coon Rapids resident tear his fence down. My question to you is whether or not we should vacate the Broad Avenue street easement. Apparently, your staff has told mine that there is no need to keep the easement. They would, however, like to see us use part of the easement to connect the Coon Rapids section of a bikeway/walkway with the Fridley section. Do you see any need to maintain the easement or to punch the street through from Fridley to Coon Rapids? The street does improve access between our two communities. In particular, it also allows the residents in that area to more readily use Coon Rapids and Fridley park facilities. Additionally, our fire protection people may have some benefit by improved access for mutual aid response. I do not really know the answers to these questions. However, before we proceeded too much further with this easement/vacation, I thought I would ask you these questions and solicit your response. As I see it, we have three options: 1. We can proceed to vacate the right of way and combine it with the unbuildable lot to make a buildable lot; or Mr. Gary W. Jackson May 11, 1990 Page Two 2. We can simply leave things the way they are. This would enable us to respond to any future need for constructing a street; or, 3. We may see a need for constructing a street and connecting Fridley and Coon Rapids at this location. Please let me know your thoughts. Thank you for taking the time to address this matter. Sincerely, -4�la I William W. Burns City Manager WWB:rsc Enclosures } O O t"-R A P I DI May 10, 1990 Michele McPherson City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Dear Ms. McPherson: Thank you for the opportunity to comment on the proposed vacation of Broad Avenue. We have mailed copies of your notice to neighboring properties in Coon Rapids. There is currently a pedestrian and bicycle path within this right of way. It allows north-south travel without requiring travel on East River Road. Given that the Coon Rapids portion is paved and the Fridley portion is well worn, it appears to be used. We would request that this connection be maintained, recognizing that the path would have to run on the west side of the right of way in Fridley and east-west along the border to connect with the paved path. Our only other comment would concern the amount of frontage that Lot 21 Block 4 of Mississippi Oaks would have on Board Avenue opposite Lafayette Avenue after the vacation. We would request that 20 feet of street frontage be maintained since the lot is large enough to be split in half. If you have any questions feel free to call me at 784-8392 . Sincerely, /ve n Turner Zoning Administrator 1313 COON RAPIDS BOULEVARD, COON RAPIDS, MINNESOTA 55433-5397 (612) 755-2880 \ REVISED AUDITORS 3 v '� q ;z • L ,'t •, tt ` .. ~AVE. w. •,« 84tH ,µ w'.,' •.r�' '` `) • ,� M : � j ; ~r SUB. NO. 103 v� r►1'it y -- � �` . . All � d ' ,.4 M3 . ,� •v �f t � toCC c IssisslvPt LT. CITY OF NOt 1Of 1 rJ RE V •,..1• r s ♦, M"�"r+f i'. � yrw•' � «, COON RAPIDS ,. k ''� �• a' ,,. r, CITY OF •" .••� ,. •"��,,'...-'— i '.1s�'.�" s .� _ RIDLEY a ,. ..' _ �• iREV. A UQ SUB =_r - iM„•:1Mi `- ` O ��•.'J�f' `r a' ' tR ,,.L�r•� �^ ,t i :'--�.... 'i ../,` •e: •.. r w' ' y ..,,'�4` o ��,�� ,,,, .• _ s R ID6 ., - 21 22 232 J=.. , k./Yri'�n•t�r , `. «r t.� Y„��'• `f• i -f A D. �; ` '. +� 1 ��.r+w► • .a i' 'r r.• i '•t• •, y% .IR011T.DM ., 3TREEt �"''•"�",• •' l \ ✓ � '��`4 ,«' W 'r+''''% � ". ''�'•'^;n�� Q "•.cj �w. 'C fU/N.IRD,.. !`gNl7WAL, ! ..:�.'T ..• ti' tlke i� "/ r•'i•V/•r w.(•r�..rt..'•f • i .l ar.-•-�•...lrw±.�v►' e'rcti.yw�n. C • S � '11 ~ W«, 11 t `r+•'.`�'' "f''kidM 'a�{�.�r►~�/ ...��' �,-3�• �-a+•� ..` :li�w ..•:n•ir.��au...w'I•:rte�s It 16 p N ` ,4r 1y ray. 'f s +t1•,,;.r ! it f,Lef , w, ?•, a•'k ,,, r fir' ' RL Y Gf ! -`rv,�F'M,�•i �'I" '.,��,. rbi J \ _R 4, �,w•n� y Z , :,n i ~ N M!' �� `,r►"^i ' Tp t .s, 4 r,FAI MON v• ^ R�N� le le .<ct i , ' .r �1 s etyr.+w�'r+ A 'sV iti N l x• , V"J a> r ' y 1 ;ism .. ► * axa • y~i, ' _y •f '� .r 5`� y"' 'CIRCLE» +- :1,� CiR' s '�'e sic J � ''�'' •►SRMOIAf. ..r ,,.•�""� , s LO TION MAP . w. N Community Development Department PLANNING DIVISION City of Fridley DATE: December 11, 1992 TO: t/William Burns, City Manager j,, FROM: Barbara Dacy, Community Development Director SUBJECT: Purchase of Lot 26, Block C, Riverview Heights at Lafayette Street and Broad Avenue Mr. and Mrs. Reierson at 621 Lafayette Street N.E. have requested once again to purchase Lot 26, Block C, Riverview Heights, which is the vacant lot west of their property and is owned by the City. The Reierson's made their original request for the purchase in 1990. As a result of their request, the City scheduled a vacation hearing of the Broad Avenue right-of-way immediately west of the City's .lot. The purpose of the vacation hearing was to determine whether it was appropriate to vacate Broad Avenue and combine it with Lot 26 for a buildable lot. Background The Planning Commission conducted a public hearing regarding the vacation request on May 16, 1990. After hearing testimony from neighborhood residents, the Planning Commission requested information about the buildability of the lot if the City reserved a 15 foot bikeway/walkway easement over the western portion of the lot and also to compare the size of the lot with other lot areas in the immediate area. The City of Coon Rapids also responded to the vacation petition by passing a resolution requesting that the existing dirt pathway be maintained because it is used by both Coon Rapids and Fridley residents, and the lot abutting Broad Avenue on the west side in Coon Rapids maintain at least 20 feet of frontage on Broad Avenue. The item has not been considered by the Planning Commission since its hearing in 1990. It was a City-initiated request, and was tabled indefinitely. Recommendation Given the City's recent work on housing issues, pursuing the combination of the Broad Avenue right-of-way with Lot 26 would be Lot 26, Block C, Riverview Heights December 11, 1992 Page 2 consistent with that effort. Staff has completed the follow-up information requested by the Planning Commission and if we continued the vacation process, we could recommend approval of the vacation in order to create a buildable lot. The City Council has two options: 1. Sell Lot 26, Block C, Riverview Heights to the Reierson's. We' have a letter on file from them that offers the City $500.00. Lot 26, Block C, Riverview Heights was obtained by tax forfeit. If combined with the Broad Avenue right-of-way, it could have a value of anywhere between $18,000 - $23, 000. 2 . Continue and complete the vacation process originally initiated. The Planning Commission would conduct another hearing and they would make a recommendation to the City Council for final action. The City Council would need to pass an ordinance to vacate the right-of-way. Staff recommends that the City Council choose option #2. BD/.dn M-92-743 March 20, 1990 City Council City of Fridley 6431 University Ave N.E. Fridley, MN 55432 Attention: Clyde Moravetz Gentlemen: I am writing this letter in reference to a lot owned by the City of Fridley (Lot ,16 Block C) . This lot is located next to the house I own (621 Lafayette St N.E. Firdley) and I am interested in purchasing this lot. I would like to make an offer of $500. 00 (Five hundred dollars) . Your prompt reply to this letter is appreciated. Sincerely, '7 Gerald Reierson 11551 Marigold St N.W. Coon Rapids, MN 55433 (612) 421-7198 LOT 26 , BLOCK C RIVERVIEW HEIGHTS MISSISSIPPI BLVD. ( L �~ i � I I l 27 I los I ) I OF COON RSP OF IOL I !c! 50 p CIS FR v 1 E I 21 G LEGEND I gr-1; 26 N • DENOTES FOUND IRON PIPE i z \25 I 5 *wos N G LO CNMNUNK FENCE x �� 1 �5 22 4 t 4 { - 1— - - - - - - - - < 35 � 1 I � o 1 _ - - 23 CITY OF COON RAPIDS I CITY OF tRIDLEY 50' 1 S a ' 3� a � N0I,r, P5vlWs3 �ag. Z RI GNB o NEIL N� i y CD 50 ' N 1600 r2_5 P ti 1� x All 3 � w � 3 u xn- � 1 wlCO n �o z 25 < X 54. N� �� 8' Area pf Bikeway/Wal as nt � � P c` PLANNING COMMISSION MEETING, MAY 16, 1990 PAGE 9 Moose Lodge No. 38 to rezone the north 95 feet of Lots and 15, Brookview Addition, except the west 22 feet of the--north 95 feet of Lots 14 and 15, Brookview Addition, and al a south 95 feet of Lots 14' and 15, Brookview Addition, a=dpt the west 22 feet of the south 95 feet, from R-3, Gen ultiple Dwelling, to C-2, General Business, generally ated at 6875 Highway 65 N.E. UPON A VOICE VOTE L NOTING AYE, ACTING CHAIRPERSON SABA DECLARED THE MOTION C ED UNANIMOUSLY. Ms. cy stated that at the June 4 meeting, the City Council will ablish a public hearing for June 18, 1990. 2. CONSIDERATION OF A VACATION SAV #90-02 BY THE CITY OF FRIDLEY: To vacate that part of Broad Avenue lying north of the westerly extension of the southeast -line of Lot 26, Block C, Riverview Heights and lying southerly of the westerly extension of the northwest line of said Lot 26, Block C, Riverview Heights, generally located north of Lafayette Street and south of Mississippi Boulevard. Ms. McPherson stated the purpose of this meeting is to gather as much testimony and information from the surrounding property owners as possible. The Fridley City Manager is working with the Coon Rapids. City Manager regarding this issue, so staff is recommending that the Planning Commission not take any action at this meeting, but rather just gather information from the neighborhood. Ms. McPherson stated the City of Fridley is proposing to vacate that portion of the Broad Avenue right-of-way which lies north of Lafayette Street in Fridley and ends at the Coon Rapids/Fridley border. This is in response to a letter the City received from a neighbor and property owner, Gerald Reierson, 621 Lafayette Street, who offered to purchase Lot 26 from the City for approximately $500. The City is looking at possibly combining Lot 26 with the vacated right-of-way to create a buildable lot for a single family home. Ms. McPherson stated the site is currently zoned R-1, Single Family Dwelling, as is the surrounding properties to the north, east, and south. Currently, within the right-of-way, the neighbor to the west in Coon Rapids has fenced and maintained the public right-of- way. In addition, there is a foot path along the east line of the right-of-way which connects to a five foot bituminous bikeway/ walkway which the City of Coon Rapids constructed in 1974. Ms. McPherson stated the previously mentioned fence was constructed in 1971. In 1973, the City of Fridley received a similar vacation request from Kay Olson, the previous owner of Lot 26, before the City of Fridley acquired it as a tax forfeit lot. This vacation was never completed. In 1974, the City of Coon Rapids proposed to PLANNING COMMISSION MEETING, MAY 16, 1990 PAGE 10 reopen the Broad Avenue right-of-way and constructed a street within the right-of-way from Mississippi Boulevard to Lafayette Street. At that time, the Fridley City Council received two petitions regarding this subject, one which opposed the reopening and one which was in agreement with the reopening. Obviously, the street was not constructed and the present situation exists. Ms. McPherson stated the City of Fridley has four options it can explore to resolve this issue: 1. Leave the property as it is now. 2. The City could vacate the right-of-way and combine it with Lot 26 to create a buildable lot. This buildable lot would then need to be declared "excess" and conveyed to a new property owner. 3. The City could vacate the right-of-way and sell it to the westerly neighbor who has been maintaining the right-of- way. 4. The City could choose to work with Coon Rapids in extending Broad Avenue from Lafayette Street to Mississippi Boulevard. Ms. McPherson stated that normally a vacated right-of-way is divided in half, and half of the right-of-way goes to one property on one side and the other half goes to the property on the other side. However, in this instance, since the right-of-way is entirely within the City of Fridley and is in one single plat, if the City vacated the right-of-way, it would accrue to Lot 26. Ms. McPherson stated that whichever option the City of Fridley chooses, the City of Coon Rapids Planning staff has recommended that some type of pedestrian access remain between Coon Rapids and Fridley. The path on the Fridley side is heavily worn indicating that children and adults use it to access the Coon Rapids park which is located at 85th/East River Road and vice versa for Coon Rapids residents visiting Fridley and Fridley parks. Ms. McPherson stated staff is not making any recommendation at this time. They are recommending the Planning Commission conduct this vacation as a public hearing and take testimony from those in the audience, but not take any action. Ms. McPherson stated the Engineering Department has recommended the City maintain a 15 foot utility/sewer easement along the west right-of-way line. She believed a bikeway/walkway easement could be incorporated into that. Mr. Dahlberg stated that if this right-of-way was split as is typical when a public right-of-way is vacated, and half was added PLANNING COMMISSION MEETING, MAY 16, 1990__ PAGE 11 to Lot 26 and half added to Lot 21 in 'Coon Rapids, would Lot 26 still be a buildable lot? Mr. Michele stated it would not be. It would still below the 9,000 sq. ft. minimum buildable lot size. Mr. Dahlberg asked the intention of the City of Coon Rapids relative to the remainder of the right-of-way between Mississippi Boulevard and this area that is question? Ms. McPherson stated the neighbor to the northwest currently has a concrete driveway constructed within the public right-of-way, and the bituminous pathway runs along the easternmost right-of-way line. At this time, staff does not know the true intentions of the City of Coon Rapids, however, they know that the Coon Rapids City Manager is going to be discussing this item on May 22, 1999, with the. Coon Rapids City Council in response to a letter the Fridley City Manager, William Burns, sent to him raising some questions about this issue. Mr. Jerry LaPlante, 604 Lafayette Street, stated that he was at the Coon Rapids City Council meeting when the owner of the west lot fenced off that property. The neighbors protested, and the City Council made the owner put in a gate. The owner also built a slab for parking, and the City Council said he could use that land, but he did not own it. Mr. LaPlante stated he understood that Mr. Jerry Reierson has offered to buy Lot 26. He stated he found it ironic that all these years that lot has sat there doing nothing; and now when the City receives a request from someone who wants to buy it, suddenly the City has other options for that lot. Why not give it to the neighbor who is taking good care of it? He stated the neighborhood uses this walking path a lot. They go to the park in Coon Rapids where there is a ballfield. He doesn't want to have his children walking along East River Road where there is no sidewalk. He thought Jerry Reierson is going to be an asset to their neighborhood and he should be allowed to buy that lot. Mr. Allen Chiodo, 8410 Palm Street, Coon Rapids, stated he is also the Chairperson of the Coon Rapids Parks Commission. He stated this is one neighborhood, not the Fridley neighborhood and the Coon Rapids neighborhood. Their children go to school together, and it is the Adams community. The path is a major thoroughfare for their children, and without that path, their children would be forced onto East River Road which would be an unsafe situation. Some type of path has to be maintained in this area. If there is no pathway, then the spirit of community would be broken. Ms. Shelly Brown, 8330 Broad Avenue, stated her home faces the pathway. She sees the traffic going through there, and the pathway is used heavily. Her seven year old daughter uses the path PLANNING COMMISSION MEETING. MAY 16, 1990 PAGE 12 frequently as do many neighborhood children. But, it is not just children. There are a lot of adults to use that pathway. This is a nice neighborhood. It is a nice neighborhood to take walks to the river, and there is only one pathway from the north end of Broad to the south end of Broad without going onto East River Road. Maintaining that access is very important, not only to Fridley, but to Coon Rapids.. Mr. Rich Bunin stated he is the attorney for Mr. and Mrs. Dennis Wetterlind, who are the owners of the property in Coon Rapids located to the west of the area being discussed. It is his clients' position that whatever is done, they would like to be allowed to acquire that property up to the fence line they have established. They have no objection to the path, and the path in the location is lies now; in fact, would like to see the path remain in its present location. Mr. Bunin stated his clients have used that property as their yard and have .maintained it for at least 17 years. Of the options discussed by staff, the only option that really makes sense is to allow his clients to acquire that property, perhaps to allow Mr. Reierson who has the property located to the east to .acquire the other portion of the property that comes up to the path on the east side. Mr. Bunin stated it is his understanding that there are utility poles that go right across the property approximately where the path is located. From an economic standpoint, how economical is it going to be for the City of Fridley to vacate and try to sell this property as a buildable lot? Would it, in fact, be a . buildable lot? Also, in terms of this fence, obviously if the path is to remain, and there seems to be strong consensus from the neighbors that they want a path to remain, that nothing can be built unless the path is moved. So, there is going to be some expense if that option is approved. If the fence was moved over to the west which would be closer to his clients' property, they would strongly object to that and he would take whatever action is necessary to protect his clients' interest. There would probably be a significant expense to the City in making that type of move as well. Mr. Bunin stated that as far as the Coon Rapids property which is located to the north, his clients have their driveway on that property, and that was done with the City of Coon Rapids' knowledge. He had a copy of a letter from the City Manager of Coon Rapids to his clients dated September 14, 1971, which addressed the construction of the driveway. The letter stated: "It is further understood that it is your intention to construct a concrete driveway from where the City's contractor leaves off to meet your existing concrete driveway near your house, that you will grass the remaining portion of Broad Street adjacent to your property, and extend the fence at the south line of your property. " His clients pLANNING COMMISSION MEETING, MAY 16, 1990 PAGE 13 did fence in the south portion of this property and also on the east portion. They have also maintained this property for many years and has helped keep the path clear. Obviously, his clients would take a very strong exception to any action by the City of Coon Rapids that would affect his present driveway which is located on the property directly to the north of the property being discussed. Mr. Bunin stated the City of Fridley should very strongly look at how practical it is from all aspects to really use this particular property as a new buildable lot. He thought having two individuals who are interested in a property would allow the City to sell both portions needed to maintain the pathway, and everybody will benefit. Ms. McPherson stated a copy of the letter Mr. Bunin referred to was in the Commission's agenda. Mr. Jerry Reierson, 621 Lafayette Street (Lot 25) , stated it would greatly benefit him to be able to acquire Lot 26, so he can enlarge his .house which he cannot do now without the granting of variances. He stated there are a lot of little houses on Broad Street, and he would like to upgrade his little house and make it a nicer home for the neighborhood. Right now, the size of his home is just barely livable. He would like to see the property remain as it is, with the pathway open. He would like to see the pathway extended into Coon Rapids to make a nice walkway. The neighbors have kept the area nice. He believed it would be a great expense to the City to have the power poles moved and the other things that are needed to be done to make that property a buildable site. Ms. Schreiner asked if there are any utility lines located within the Broad Avenue right-of-way or Lot 26? Ms. McPherson stated she could not answer that question at this time. She would check that with the Engineering Department. She stated the Engineering Department has requested a 15 foot sewer and utility easement along what would be the westerly line of the right-of-way. Ms. Sherek stated she had several questions she would like to ask of staff: 1. If the City vacates the right-of-way and combines it with Lot 26 to create a buildable lot, what will the size of that lot be in terms of square footage? 2 . How will the lot area of the proposed buildable lot compare to other lots in the area? Will it be approximately the same size or larger? y ) 4, PLANNING COMMISSION MEETING, MAY 16, 1990 PAGE 14 3. What is going to be the cost to move the pathway and the overhead utility poles in comparison to the market value of the proposed lot? 4. What is the actual market value of Lot 26 and of the vacated right-of-way, if the City just sold Lot 26 to Mr. Reierson, vacated all the walking path on the right- of-way, and sold the rest to Mr. Wetterlind? Mr. Dahlberg agreed with Ms. Sherek that it is important to have information relative to the value of this property--either split into two pieces with the path running through the middle or as a single parcel. Mr. Dahlberg stated Mr. Bunin, the Wetterlinds' attorney, made the statement about a letter from the City of Coon Rapids regarding the construction of a driveway by Mr. and Mrs. Wetterlind, a copy of which the Planning Commissioners have in their agenda. He stated he would like to read one paragraph that states: "You should also be aware if you have not been so advised already that whatever you might construct within 'the public right-of-way would be done at your own risk and you would not be entitled to any compensation for its removal if that should- become necessary in the future." So, the residents did construct that driveway at their own risk. Mr. Dahlberg stated he would also like to know the status of Lot 27. That appears to be a lot similar to Lot 26. Ms. Dacy stated that lot is in the City of Coon Rapids. According to the maps, it is tied into Lots 27 - 32, so apparently it is under the ownership of the person who owns the house right at that corner to the east. Mr. Dahlberg stated that any action that may be taken by the City of Fridley relative to this right-of-way, will that impact what the City of Coon Rapids could or should do with the right-of-way as well? Ms. Dacy stated that by virtue of the fact that both City Managers are also discussing this and that the Coon Rapids City Council will also discuss these same options, the City of Fridley's goal is to come to some type of joint decision. Mr. Dahlberg stated that, potentially, if the City of Coon Rapids was to vacate that Broad Avenue right-of-way from Mississippi Boulevard to the Fridley/Coon Rapids city limits, by law as stated in the staff report, one-half of it would go to Lot 27 and one-half would go to Lot 21. Ms. Dacy stated she will have to check the plat maps. North of the city limits, it appears that these lots in Coon Rapids are still part of the Riverview Heights Plat. If this is the case, PLANNING COMMISSION MEETING, MAY lb, 1990 PAGE 15 that entire area could possibly revert to the owners on the east side. Mr. Dahlberg stated that whatever decision is made, it is apparent from the testimony they have heard at the meeting, it is extremely important to maintain that pedestrian walkway in whatever shape or form it may take. Mr. Saba stated that for the safety of children and adults walking and biking, he would like to see Fridley continue the bituminous path all the way through there and not leave it as a dirt path. Ms. Sherek -stated she stated she looked at this property. She stated she has expressed this philosophy before, and she would like to express it again. She stated she just did not feel that the City has to plot and build on every square inch in Fridley. This property is very nice. The neighbors have taken good care of it. Sure, it would be nice to put another piece of property on the tax roles, but she did not think vacating the right-of-way and combining it with Lot 26 to make a buildable lot would do anything for this neighborhood. She liked the option of selling the property to the two owners on either side and maintaining the pathway, maybe making it an official pathway for the convenience and safety of those using it. Mr. Saba stated he agreed. Ms. Schreiner stated she also looked at the property. It is so beautiful and green and looks just like another park. The neighbors are doing a wonderful job in maintaining it. MOTION by Ms. Sherek, seconded by Mr. Dahlberg, to table consideration of vacation, SAV #90-02, by the City of Fridley until a future meeting. UPON A VOICE VOTE, ALL VOTING AYE, ACTING CHAIRPERSON SHEREK DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated that when this comes before the Planning Commission again for a decision, the neighbors will be renotified. 3. RECEIVE APRIL 2 1990 PARKS & RECREATION COMMISSION MINUTES: MOTION by Ms. Schreiner, seconded by Mr. Dahlberg, to receive the ` April 2, 1990, Parks & Recreation Commission es:� UPON A VOICE VOTE, ALL VOTING AYE ACTING CHAIRPERSON SHEREK DECLARED THE MOTION CARRIED UNANIM6USLY. 4. RECEIVE APRIL �1990ENVIRONMENTAL OUALITY AND ENERGY COMMISSION TES: ., r MEMORANDUM TO: John G. Florarpublic Works Director PW92-392 FROM: Scott Erickson, Assistant Public Works Director DATE: December 17, 1992 SUBJECT: Lot 26, Block C, Riverview Heights The following information pertains to Lot 26 of Riverview Heights Addition. According to the City records, this lot is not currently serviced with sewer or water hook- ups. The following cost analysis relates to the construction of an 8 ft. wide bituminous walkway with a 4 ft. high chain link fence installed on both sides. The walkway would be constructed from Lafayette Street to the City of Coon Rapids city limits. 8' Bit. Pathway (1500 sf) $2,000.00 4' High Chain link Fence (350 If) $3,500.00 TOTAL 5 500.00 Also, we are currently reviewing the location of the existing home located at 621 Lafayette St. to insure it is not encroaching on lot 26. Community Development Department rr U PLANNING DIVISION City of Fridley DATE: February 1, 1993 TO: William Burns, City Manager FROM: ,` Barbara Dacy, Community Development Director SUBJECT: Lot 26, Riverview Heights, and a Portion of Broad Avenue Right-of-Way The City Council requested additional information pertaining to the potential sale of Lot 26 and the vacation of the Broad Avenue right-of-way in the Riverview Heights area. I have also contacted the adjacent property owner, Anna Ryerson, and she has indicated an interest in purchasing the property at its potential value. In a memo from Scott Erickson to John Flora dated December 17, 1992, the Engineering Department verified that the lot is not serviced with sewer or water. Because the property went tax forfeit in 1978, the City in 1986 wrote off the costs for the assessments for the water and sewer main laterals, street surfacing, and curb and gutter improvements. The total assessments that were written off by the City is $1,902 .51. Further, Erickson's memorandum also identified a cost of $5,500.00 to construct an eight foot wide bituminous walkway and to enclose it with a four foot tall fence on either side. The Assessor's office originally gave me a range value of $18, 000 - $23,000. I told Mrs. Ryerson that the property was worth at least $17,500, and that an appraisal had not yet been completed, and the appraisal may dictate a higher value. On January 9, 1993 in a phone call to my office, Mrs. Ryerson indicated that she and her husband were interested in purchasing the property at that value subject to the City moving the utility lines on the property and final negotiation on the purchase price. Recommendation Staff recommends that the vacation process to vacate a portion of the Broad Avenue right-of-way be removed from the table and another hearing scheduled for the Planning Commission. Even if the Ryerson's do not purchase the property, we are confident that we Lot 26, Riverview Heights February 1, 1993 Page 2 would be able to sell the property to an interested buyer because of its size and its location. Further, after the conclusion of the vacation process, the City would declare the property excess and pass an ordinance authorizing its sale. I recommend that the City convey the property to the HRA. The HRA would sell it and the proceeds from the sale of the property could be used to augment the scattered-site acquisition fund. The vacation process should not be initiated if the City Council wants to maintain the right-of-way for a future road connection. If that is the case, the item should be withdrawn and the City should simply dispose of Lot 26. Conveying just Lot 26 to the Ryerson's would be appropriate. Should you have further questions, please feel free to contact me. BD/dn M-93-45 JAN 1993 CITE. 2 FRIDLEY 6431 University Ave, N.E. Fridley, Minnesota 55432 (612) 571-3450 RE: PIN# - 03-30-24-22-0075 Address - Legal - 26, C RIVER VIEW HEIGHTS NOTE: TAX FORFEI NOTE: TAX EXEMPT -------------------------------------------------------------------------------- Assessed Date Int. Number Original 1993 Tax Current Improvement Assessed Rate of Yrs Amount Amount Balance -------------------------------------------------------------------------------- Water/Sewer 11/12/58 20 76 .86 ------ Paid Mains Water/Sewer 07/23/60 20 1282.76 ------ Paid Laterals Water/Sewer 12/31/60 15 11 .50 ------ Paid Mains Streets 10/09/67 10 531 .39 ------ Paid Surfacing Curb/Gutter -------------------------------------------------------------------------------- Pending improvement Cost Estimate Escrow Paid -------------------------------------------------------------------------------- * NONE * ------------------------------------- ------------------------------------- Misc. Fees Due Amount Due Paid Misc. Fees Amount ------------------------------------- ------------------------------------- * NONE * * NONE * The current balance of the water and sewer bill is $ The balance of $.00 is payable through November 15, 1993 . This balance does NOT include the 1993 tax statement amount of $.00. This search was made by the undersigned as a public service on request. The undersigned certifies the search is believed to be accurate, however, the under- signed or the City of Fridley does not insure the accuracy of the above state- ments and does not assume liability for errors and ommissions. By: SPECIAL ASSESSMENT CLERK NOTE: There is a $10.00 charge for each search. ;7r U Community Development Department Q PLANNING DIVISION City of Fridley DATE: March 18, 1993 TO: Virgil Herrick, City Attorney Jim Hoeft, City Attorney FROM: ✓ Barbara Dacy, Community Development Director SUBJECT: Disposal of Lot 26, Block C, Riverview Heights Facts 1. The City acquired this parcel via tax forfeiture in 1988. It is located immediately east of a paper right-of-way known as Broad Avenue (see attached map) . Clyde Moravetz confirmed that the original intent of the City's acquisition was for resale of the property when combined with the vacated street right-of-way. I have obtained a copy of the City's statement of purpose for the property in 1988. Leon Madsen had indicated that the property was purchased by the City with the intent of creating a buildable parcel by vacating a portion of Broad Avenue and then reselling the parcel for private development (see attached),. 2. In 1986, the City paid for $1, 902.51 in special assessments against the property. 3. In 1990, the City was approached by the owner of the property east of Lot 26 (the Reierson's) . The City initiated the Broad Avenue vacation process at that time and conducted the public hearing before the Planning Commission. The Planning Commission tabled the request in order to obtain further information regarding lot sizes and other issues identified at the public hearing. 4. The item has not been discussed until recently when the property owner contacted us again regarding our current position. The property owner indicated a willingness to pay the market price for Lot 26 and the combined right-of-way. The City Council authorized us to complete the vacation process and begin the process to dispose of the property. 5. Staff had recommended that the City convey the property to the HRA so that the proceeds of the sale could be used for the scattered-site acquisition program. The City Council, however, wanted to obtain advice as to which is more Disposal of Lot 26, Block C, Riverview Heights March 18, 1993 Page 2 advantageous to the City to dispose of the property; the City or the HRA. 6. Our Assessor's office has estimated the value of the property at $18, 000 - $23,000. The City will be installing an eight foot wide bituminous walkway and retaining an easement along the west property line. The size of the property is 10,081 square feet. Legal Questions 1. As you know, Section 12.06 of the City Charter requires the City to dispose of real property by ordinance. I believe this is commonly referred to as declaring the property as "excess" and authorizing the property for sale. Section 12 .06 also states that the proceed of such sale be used to retire any " . . .outstanding indebtedness incurred by the City in the purchase, construction, or improvement of this or other property used for the same public purpose. " Is it correct to assume that the City should use the sale proceeds to reimburse itself for the costs it paid for the special assessments? 2 . Which body is the most appropriate one to sell the property? The City or the HRA? Specifically address: A. If the City sells the property, what restrictions would apply on the sale proceeds? Section 12.06 of the City Charter merely indicates that the City Council by resolution can designate some other public purpose for the proceeds. Are there any statutory requirements? B. If the property is conveyed to the HRA for the HRA to use as money for its scattered-site acquisition program, is it acceptable for the HRA to use sale proceeds for this purpose? C. What process should the City or the HRA undertake to dispose of the property? Does a formal bid process have to be conducted? Are public hearings required? Is an appraisal required? I need a written response prior to this item going to public hearing before the City Council on April 19, 1993. Thank you very much for your help. BD/dn M-93-135 MEMORANDUM TO: Grant F. Ernelius Columbia Heights HRA FROM: Virgil C. Herrick RE: Sale of HRA Property DATE : March 19, 1993 This memorandum is in response to your telephone request for information regarding the procedure to follow in the sale of vacant scattered residential lots owned by the HRA. You asked me whether it was necessary to obtain bids on the sale of these properties . It is not necessary to obtain bids before the HRA sells the property, however, there is a statutory procedure that must be followed. This is outlined as follows : Minnesota Statutes 469 . 029 is a part of the Housing and Redevelopment Statute. This section is entitled Disposal of Property. This section provides in part as follows : 1 . The HRA in accordance with its redevelopment plan may sell vacant property at a price that takes into consideration the estimated fair market value of the land. 2 . Any such sale may be made without public bidding but only after a public hearing. A public hearing requires a published notice by the HRA at least once not less than ten days nor more than 30 days prior to the date of the hearing. 3 . Every sale shall provide that the purchaser shall carry out the approved project area redevelopment plan and no use shall be made of the land which does not conform to the approved plan. The HRA in the sales document may include terms and conditions which will provide assurance of the use consistent with the plan; the HRA may also require assurance of financial and legal ability of the purchaser to carry out and conform to the plan. These provisions may be obligations that will run with the title to the land. 4 . Until the HRA certifies that all improvements have been finished in conformance with the plan, the purchaser shall not convey the area without the consent of the HRA. 1F 5 . As security for its fulfillment of the_ agreement, the HRA shall require the purchaser to furnish a performance bond with the surety as the authority may approve . 6 . Subdivisions 9 and 10 of Section 469 . 029 relate to the sale of properties to persons of low and moderate income . Subdivision 9 provides that the property shall be made available at a price which may take into consideration the estimated fair market value of the real estate as determined pursuant to Section 469 . 032 . The sale at the estimated fair market value is not mandatory. 7 . Subdivision 10 requires the HRA on or before December 31st of each year to take a survey of all lands owned by it and to determine what lands are in excess of foreseeable needs . A description of each parcel found to be in excess shall be made a matter of public record. Any low or moderate income residents or non-profit housing corporation shall upon request be provided with a list of the parcels available. 8 . Section 469 . 032 provides that prior to the sale of land in a project area the HRA shall determine the price at which it will sell any parcels and place an estimated fair market value upon each piece or tract . The section states that the value may be made by two or more appraisers, or it may be done by the appraisal service of the municipality. This provision is not binding upon the HRA. CONCLUSION The HRA can sell these properties without taking public bids . The statute suggests than an appraisal be obtained but the authority is not bound by the appraisal and may sell the property for a lower figure . It is required that notice and a public hearing be held before the sale or disposal of the property. I believe that this answers your question. If you have any additional questions, please give me a call . 1G TO: MICHELLE McPHE SON- FROM: JEFF NIENABE .�', SUBJECT: LOT 26, BLOC "Cn RIVERVIEW HEIGHTS DATE: March 301 1993 You recently contacted me regarding the possible combination of the vacated street adjacent to lot 26, Block "C" Riverview Heights and the the adjoining parcel located within the City of Coon Rapids. Please find attached a preliminary analysis regarding potential values and the corresponding tax liablities payable to the city of Fridley. Please contact me if you have any questions. [_] Community Development Department PLANNING DIVISION City of Fridley DATE: April 1, 1993 TO: John Flora, Public Works Director FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Cost Analysis for Bikeway/Walkway - Lot 26, Block C, Riverview Heights You previously provided cost estimates for the construction of an eight foot bituminous pathway and four foot high chain link fence along the west side .of vacated Broad Avenue from Lafayette Street to the bituminous pathway in Coon Rapids. The Planning Commission reviewed the request to vacate Broad Avenue at its March 24, 1993 meeting and directed staff to investigate the following: 1. The cost to construct the pathway on the east side of Lot 26. 2 . The cost to construct a six foot high chain link fence on both sides of the pathway in either scenario. Please provide the requested information prior to the public hearing on May 3, 1993 . Also, were you able to determine- if the structure located at 621 Lafayette encroached on Lot 26? Thank you for your assistance in this matter, it is appreciated. M-93-171 the disposal of real estate . I am including a copy of that memorandum to you. This outlines the procedure for the HRA to follow in the sale of real estate. I hope the above answers yours questions. If not, please contact either Greg or myself . Virgil C. Herrick pmg enclosure 1E • • si MEMORANDUM TO: Barb Dacy, Economic Development Director PW93-131 Michele McPherson, Planning Associate FROM: John G. Flora, Public Works Director Scott Erickson, Assistant Public Works Director4 DATE: April 8, 1993 SUBJECT: Cost Analysis for Bikeway/Walkway—Lot 26, Block C, Riverview Heights The following cost analysis outlines the estimated costs associated with the installation of an 8-foot wide bituminous walkway with a 6-foot high chain link fence installed on both sides, constructed along the east side of the property (Option No. 1). The second part of the analysis addresses the estimated costs to install a 6-foot high chain link fence on both sides of the original alignment of the pathway on the west side of the property (Option No. 2). Option No. 1 6-foot High Chain Link Fence (350 If) $4,200 Option No. 2 8-foot Wide Bituminous Pathway (920 sf) $1,300 6-foot High Chain Link Fence (2301f) 2,760 Clear and Grub Trees 1.500 Total Option No. 2 $5,660 By routing the pathway on the east side of the property, a large number of trees would have to be removed. SE/JGF:cz Community Development Department PLANNING DIVISION City of Fridley DATE: June 3, 1993 1 TO: William Burns, City Manager .`� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Declaring Certain Real Estate to be Surplus; Vacated Broad Avenue and Lot 26, Block C, Riverview Heights Associated with the request to vacate Broad Avenue, the City must declare the combined right-of-way and Lot 26 as surplus property prior to authorizing the sale of said property. Staff recommends that the City Council adopt the attached ordinance declaring the= combined right-of-way and Lot 26 as surplus and authorizing its sale. MM/dn M-93-305 5 FRIDLEY CITY COUNCIL MEETING OF JUNE 7, 1993 PAGE 9 chooses not to require retention of a street easement, staff has provided an amended section of the ordinance which would provide vacation of a five foot street easement recorded and conveyed on the Labandz 's property. Councilman Schneider stated that he cannot esee a need for a street easement. MOTION by Councilman Schneider to wai the reading and approve the ordinance upon first reading. Sec ded by Councilwoman Jorgenson. Councilman Billings stated t the ordinance would have to be amended if the street ease nt is not required over the east five feet of Lots 15 and 16, ock 2, Spring Valley Addition. MOTION by Council Billings to amend the above ordinance as follows: (1) Un r Section 1, add the words "and street easement" after the wor 'alley" on the first line; and (2) following Item B, add Item to read as follows: "The East 5 feet of Lots 15 and 16, Block , Spring Valley Addition. " Seconded by Councilman Schneid . Upon a voice vote, all voting aye, Mayor Nee declared the ion carried unanimously. PON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 5. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT BROAD AVENUE AND LAFAYETTE STREET) : MOTION by Councilman Billings to table this item to the Council meeting on July 19, 1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION NO. 38-1993 AUTHORIZING PAYMENTS TO THE FRIDLEY COMMUNICATIONS WORKSHOP TO DEFRAY THE COST OF CABLE TELEVISION ACCESS EQUIPMENT: MOTION by Councilman Schneider to adopt solution No. 38-1993. Seconded by Councilwoman Jorgenson. Mr. Burns, City Manager, st that this resolution authorizes payments to the Fridley mmunications Workshop and authorizes execution of the agr ent relating to the purchase of cable television equipme by the Communications Workshop. He stated that this payme of $36, 600 represents one-half of the funds received from ortel as part of their franchise agreement. Councilma Billings stated that he has been contacted by persons active " the Communications Workshop who indicated the equipment i such a state of disrepair they need more than $36,600. [� Community Development Department PLANNING DIVISION City of Fridley DATE: July 29, 1993 TO: William Burns, City Manager {' FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Declaring Certain Real Estate to be Surplus; Vacated Broad Avenue and Lot 26, Block C, Riverview Heights Associated with the request to vacate Broad Avenue, the City must declare the combined right-of-way and Lot 26 as surplus property prior to authorizing the sale of said property. The City Council directed staff to prepare a preliminary bikeway alignment for its review. Attached is a preliminary alignment plan. Adjustments will need to be made in the field to ensure that the transition points in Coon Rapids and at the intersection of Broad Avenue and Lafayette Street are smooth. Staff recommends that the City Council adopt the attached ordinance declaring the combined right-of-way and Lot 26 as surplus and authorizing its sale. MM/dn M-93-430 FRIDLEY CITY COUNCIL MEETING OF AUGUST 2, 1993 PAGE 7 He stated that the Knights of Columbus currently have a bottle license, and they are the only establishment in Fridley with such a license. He stated that they wish to change this li ense to an on-sale club liquor license which would permit em to sell alcoholic beverages on the premises. He stat that there are three other on-sale club licenses in the Ci They are for the Moose Lodge, the Fridley V.F.W. , and t American Legion. He stated that the application has been a oved by the Public Safety Director. Mr. Christensen, representing a Knights of Columbus, stated that this type of license gives em more control over what is consumed at their establishment. MOTION by Council n Billings to close the public hearing. Seconded by Counc' woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee eclared the motion carried unanimously, and the public heari closed at 8:54 p.m. MOTION Councilman Schneider to grant an on-sale club liquor licen to the Knights of Columbus. Seconded by Councilwoman Jor nson. Upon a voice vote, all voting aye, Mayor Nee declared P th motion carried unanimously. OLD BUSINESS• 3 . FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT BROAD AVENUE AND LAFAYETTE STREET) (TABLED JUNE 7 . 1993) : Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that a preliminary alignment of the bikeway is included in the Council's agenda. She stated that the language in the ordinance would be amended to specifically refer to the bikeway easement. MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading and to submit this ordinance for second reading at the first Council meeting in September, 1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 4. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated t he was pleased to recommend Lieutenant Gary Lenzmeier for ointment as Deputy Public Safety Director. He stated that Lenzmeier served in the U.S. Air Force from 1964 to 19 and received a Bachelor's Degree in Sociology from the U ' ersity of Minnesota. Gary was hired as a Police Officer by ridley in 1973 and assigned to the Police Special Operati s Unit in 1974. Lt. Lenzmeier was a Field AUG-01-1993 1c:02 FROM Kurth Surveying TO 5711287 P.02 y KURTH SURVEYING, INC. 4002 JEFFERSON ST. N.E. COLUMBIA HEIGHTS, MINNESOTA 55421 Phone (612)788-9769 Fax (612)788-7602 i - August 4, 1993 To: Ms. Michelle McPherson, Planning Asgistan, c/o City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 Re: Survey Estimate - Riverview Heights Dear Michelle: Thank you for the opportunity to supply you ith an estimate for our services o providing the City with survey on LA. 26. Block "C", Riverview Heights. in speaking with you on the phone the following is to be included: 1 Boundary survey with corners set on site ar E*ncrochments located and noted. 2) Legal desription of property surveyed, inc lu ng vacated Broad Aveenue. 3) Legal description for easements to be reserved for bikeway/walkway proposes. This survey can be provided to the City atNlump sum cost of $ 350.00. Thanks again, Michelle, and if you have any quest or comments, please feel free to call.. ' Y s very trul , Randy L. Kurth, V. Pres. Kurth Surveying, Inc. TOTAL P.02 ADVANCE SURVEyING & ENGINEERING Co. 5300 Highway 101 Minnetonka,MN 55345 Phone(612)474 79 } Fax (612)474$267 a August 4, 1993 f Ms . Michelle McPherson City of Fridley 6431 University Ave. NE Fridley, MN 55432 Fax: 571 1287 RE: Proposal for survey of a lot and adjacent."" wacated ROW Dear Michelle: 4 At your request, I am faxing. this proposal foil survey services . We understand that you need the corners :' Of the property monumented and a drawing prepared, showing t boundary of the property and a bicycle and walkway easement shown, together with legal descriptions for the property and easement. We do not examine title but rather survey what you Bell us you want surveyed so if there are questions regarding Fast what the City owns or what the accurate legal description of the property or other matters of record that should beshown 'on the survey, we suggest that you check with a title insurance;'" company or title attorney to resolve any such problems ands furnish related documents before having a survey. t" The fees for such a survey are $375. Sincerely, ` ADVANCE SURVEY NG & E G ERING CO. �LfF,Y mes H. Parker, P.E. & P.S. No. 9235 r t l y, 1. iy s S �1. _J I if E �w -� 6-c ,_.�__ l FINANCI DEPARTNE IT HO ARn 1 , KOOLICK CITD DIRECTOR TO: BARBARA DACY, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: HOWARD D. KOOLICK, ASSISTANT FINANCE DIRECTOR SUBJECT: JOB CODE FOR SCATTERED SITE ACQUISITION DATE: September 1, 1993 As you requested, we have created a job code for the scattered site acquisitions planned by your department. Please code all costs associated with acquiring sites -includinq any.payroll costs, o 'ob code 0 e proceeds from the sale of the sites should also be coded to this job code. It is my understanding that all costs and proceeds from land sales will be run through the general fund. The annual financial statements will show any accumulated surplus as a designation of fund balance within the general fund. If you have any questions please let me know. cc: Rick Pribyl itVt G1 �� .� ' FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 11 Councilman Schneider stated that these properties in the Rice Creek and Harris Pond developments have been assessed. It comes back to the question if they would be assessed again if something does not work. Mrs. Schwartz felt that the whole thing was piecemeal. Only one small section is being considered, and that will impact another area. Councilman Schneider stated that storm water issues are very difficult to address, and no one wants to pay. He stated that there have been water problems in this area for many years. He stated that Mr. Nelson did a tremendous job in the neighborhood trying to get this problem resolved. Mrs. Schwartz stated that their problem is not from rain water on 64th Avenue but with water coming from the north and Harris Pond area. She felt that this had to be a fair project for everyone so it does not flood more people on the south side of 64th Avenue. Councilwoman Jorgenson stated that the City cannot give final design standards at this point. She stated that Council is trying to address the issues, and the detention pond is a new proposal. She stated that the City would not hire an engineering firm to go look at the project without first knowing if they have a project. Councilman Schneider stated that the intent of having such a project is to make it work. He stated that if it does not work, the City would have to go back and fix it. Ms. Kowski, 6391 Central Avenue, stated that she spent several hours working on the original petition for this improvement. She stated that there are property owners who stated that this did not affect them, but that is,what is wrong with this world. She stated that she has to replace a furnace because of the water problems. She felt that everyone in- the City should be assessed for , storm water control because this project is needed. Mr. Schwartz, 1372 64th Avenue, stated that he wished to withdraw his petition because certain wording contained in the petition has changed the intent. He stated that the intent of the petition was for the project to be paid out of the storm water fund. MOTION by Councilman Schneider to return the petition as requested by the submitter, Mr. Schwartz. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Schneider, Councilwoman Jorgenson and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried. Councilman Billings stated that there are a number of other signatures on that petition, not only the person who submitted it. This is his reason for not supporting the motion. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13, 1993 PAGE 12 Mr. Schwartz stated that his intent was not to kill the project, but to ask that it be paid for out of storm water funds. Councilman Billings asked if some of the properties on the south' side of 64th Avenue have standing water hours or days after a rainfall. Mr. Flora stated that some of the properties do have standing water. Councilman Billings asked if this was due to the' fact that those properties are below the elevation of the ditch. Mr. Flora stated that it is due to the high water table, and that there is a raised culvert under Central'Avenue so the drainage is not the best. He stated that there is also a wetland in that area. Councilman Billings stated thatl,..this project would not insure that every one of those properties-'on 64th Avenue would be dry. Mr. Flora stated that was correct; however, the water north of Mississippi Street would no longer run across the properties. He stated that the detepfion pond deals with the back yards and gives a "bounce" area s *"that the water can go through the pipe under Central Avenue. Z19He stated that there . would be water on the propert/uncilman low areas. MOTION Schneider to continue this public hearing to the Sep , 1993 Council meeting and urge those affected to attending. Seconded by Councilwoman Jorgenson. Upon a Zvoi mvote, all voting aye, Mayor Nee declared the motion carried aniously. OLD BUSINESS• 3 . SECOND READING OF AN ORDINANCE UNDER SECTION 12 . 06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF: MOTION by Councilman Billings to table this item. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4 . ORDINANCE NO. 1017 RECODIFYING THE FRIDLEY CITY CODE CHAPTER 205, ENTITLED "ZONING, " BY AMENDING SECTIONS -205-. 07 . 06, 205.08 . 06, 205.09 .07 , AND 2_05. 10. 06, AND RENUMBERING THE REMAINING SECTIONS CONSECUTIVELY: MOTION by Councilman Schneider to wa ' e the reading and adopt Ordinance No. 1017 on the second r ding and order publication. Seconded' by Councilman Billings Upon a voice vote, all voting aye, Mayor Nee declared the ion carried unanimously. Community Development Department PLANNING DIVISION City of Fridley DATE: September 23, 1993 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Declaring Certain Real Estate to be Surplus; Vacated Broad Avenue and Lot 26, Block C, Riverview Heights The City Council held the first reading of the attached ordinance at its August 2, 1993 meeting. The City Council directed staff to revise the preliminary bikeway alignment. Attached is the revised alignment plan. Adjustments will need to be made in the field to ensure that the transition points in Coon Rapids and at the intersection of Broad Avenue and Lafayette Street are smooth. Staff recommends that the City Council hold the second reading of the attached_ordinance declaring the combined right-of-way and Lot 26 as surplus and authorizing its sale. MM/dn M-93-479 FRIDLEY CITY COUNCIL MEETING OF` SEPTEMBER 27 1993 PAGE 11 Mr. Nelson, 1357 64th Avenue, stated that his home was built by the same contractor as the Rau's, and he feltthe only difference was that he was covered by the title search. Councilman Billings asked Mr. Flora if he addressed the questio of installing another pipe under Central Avenue. Mr. Flora stated that this was not addressed because there w not a problem west of Central Avenue. Councilman Billings asked if the pipe west of Centr was not critical to the flow. He stated that he is concern that there is enough pipe capacity to move the water from the e t to the west side of Central Avenue. Mr. Flora stated that in the proposed detention and there is three times the capacity that the system is introd Ging. Councilman Billings asked Mr. Flora if e could guarantee the detention pond has enough capacity to ndle essentially all the water that is coming down the 36 inch ipe on Central Avenue. Mr. Flora stated that adding ano er pipe under Central Avenue would have no impact. The dete ion pond increases the capacity of the water storage that woul be introduced into the pipe. No other persons in the au fence spoke regarding this proposed improvement project. MOTION by Councilwoma Jorgenson to close the public hearing. Seconded by Councilm Billings. Upon a voice vote, all voting aye, Mayor Pro T Schneider declared the motion carried unanimously, and t e public hearing closed at 9 : 12 p.m. OLD BUSINESS: 7 . ORDINA E NO. 1018 RECODIFYING THE FRIDLEY CITY CODE CHAPTER /cation. TITLED "POLICE, " BY AMENDING SECTION 102 . 03 : ouncilman Billings to waive the second reading of . 1018 and adopt it on the second reading and order Seconded by Councilwoman Jorgenson. Upon a voice ting aye, Mayor Pro Tem Schneider declared the motion imously. 8 . SECOND READING OF AN ORDINANCE UNDER SECTION 12 . 06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT BROAD AVENUE AND LAFAYETTE STREET) : Since this item required a four-fifths vote of the Council , the following action was taken: FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 27, 1993 PAGE 12 MOTION by Councilman Billings to table this item to the October 4 , 1993 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 9. VARIANCE REQUEST, VAR 93-18 BY MARK AND LAURA INGEBRIGTSEN TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 31.3 F T GENERALLY LOCATED AT 5831 WEST MOORE LAKE DRIVE N.E. T BLED SEPTEMBER 13 , 1993) : Mayor Pro Tem Schneider removed this item from the tabl . Ms. Dacy, Community Development Director, stated that is item was tabled at the September 13, 1993 Council meeting in o der for staff to measure setbacks of two homes at 5741 and 5891 est Moore Lake Drive. She stated that the setback for 5741 West oore Lake Drive is 30. 2 feet and 34 .7 feet for 5891 West Moor Lake Drive. She stated that it is assumed these encroachment occurred prior to 1966 when the permits were issued and an "as uilt" certificate of survey was not required at that time. Ms. Dacy stated that there was also a qu tion if a door could be installed on the south side of the bui ing in lieu of extending the garage into the setback for the se ice door. She stated that because the new south wall will be 1 ss than three feet from the lot line, the Uniform Building Cod prohibits an opening in the wall. Ms. Dacy stated that there was variance granted similar to this variance at 6810 Seventh Stree . Councilman Billings asked if there has been a decline in property values as a result of thes structures being closer than 35 feet from the curb, if any com aints have been received, or if staff felt this would create negative impact on the neighborhood. Ms. Dacy replied in the egative to all of these questions. MOTION by Councilm Billings to grant Variance Request, VAR #93-18 , to redu e the front yard setback from 35 feet to 31. 3 feet at 5831 W st Moore Lake Drive. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declar d the motion carried unanimously. 10. RESOLUTIO NO. 70-1993 GRANTING FINAL APPROVAL FOR THE CONSOLIDATION OF THE FRIDLEY POLICE PENSION ASSOCIATION WITH THE PU IC EMPLOYEES RETIREMENT ASSOCIATION: MOTION b Councilman Billings to adopt Resolution No. 70-1993 . Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, yor Pro Tem Schneider declared the motion carried unani ously. Community Development Department l� PLANNING DIVISION City of Fridley DATE: September 30, 1993 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Declaring Certain Real Estate to be Surplus; Vacated Broad Avenue and Lot 26, Block C, Riverview Heights The City Council held the first reading of the attached ordinance at its August 2, 1993 meeting. The City Council directed staff to revise the preliminary bikeway alignment. Attached is the revised alignment plan. Adjustments will need to be made in the field to ensure that the transition points in Coon Rapids and at the intersection of Broad Avenue and Lafayette Street are smooth. Staff recommends that the City Council hold the second reading of the attached. ordinance declaring the combined right-of-way and Lot 26 as surplus and authorizing its sale. MM/dn M-93-479 -t Ordinance No. 1020 Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4TH DAY OF OCTOBER, 1993. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: August 2, 1993 Second Reading: October 4, 1993 Publication: October 12, 1993 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4 1993 PAGE 2 Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated that the petitioner, Oliver Tam, requested that this item be continued to October 18, 1993 . MOTION by Councilman Schneider to continue this public aring to October 18, 1993 . Seconded by Councilwoman Jorgenso Upon a voice vote, all voting aye, Mayor Nee declared the m ion carried unanimously. PUBLIC _ HEARING ON.-PRELIMINARY PLAT RE UEST 'P.S.. 93-0 BY . OLIVER TAM TAM ADDITIONj ADDITIONTO REPLAT PROPER71 GENERALLY LOCATED AT 1160 FIRESIDE DRIVE N.E. (CONTINUED/ FROM SEPTEMBER 27 1993) : MOTION by Councilman Schneider to re-o n this public hearing on Preliminary Plat Request, P.S. #93-03 Seconded by Councilwoman Jorgenson. Upon a voice vote, all v ing aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider stated t t the petitioner, Oliver Tam, requested this item be continu d to.. October 18, 1993 . MOTION by Councilman Schnei er to continue this public hearing to October 18 , 1993 . Secon d by Councilwoman Jorgenson. Upon a voice vote, all voting a e, Mayor Nee declared the motion carried unanimously. Ms. Dacy, Community evelopment Director, stated that the affected property owners wo d be renotified that these public hearings were continued to the ctober 18 , 1993 Council meeting. OLD BUSINESS• 2 . ORDIN CE NO, 1019 AMENDING CHAPTER 113 "SOLID WASTE DISPOSAL /ANDCYCLING COLLECTION, " BY AMENDING SECTION 113 . 07 AND 11 "GENERAL PROVISIONS AND FEES , " FOR SOLID WASTE MING FEE BY AMENDING SECTION 113 : MOuncilwoman Jorgenson to waive the reading of Ordinance Nodopt it on the second reading and order publication. S conded by Councilman Schneider. Upon a voice vote, all voting ye, Mayor Nee declared the motion carried unanimously. 3 . ORDINANCE NO. 1020 UNDER SECTION 12 . 06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT BROAD AVENUE AND LAFAYETTE STREET) (TABLED SEPTEMBER 27 , 1993) : MOTION by Councilman Billings to remove this item from the table. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 4, 1993 PAGE 3 MOTION by Councilman Billings to waive the reading of Ordinance No. 1020, adopt it on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4 . RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF SEPTEMBER 14 , 1993 (TABLED SEPTEMBER 27 , 1993) : A. VARIANCE REQUEST, VAR 93-23 BY ST. PHILIP'S LUTHERAN CHURCH, TO.. ALLOW THE. DISPLAY .OF A TEMPORARY• SIGN FOR MORE THAN TOO .. WEEKS. GENERALLY . CAVED AT. 61-80 HIGHWAY 65 N.E. (T LED' . ... . . SEPT•EMBER._:27 ,•` 1993 ..:. MOTION by Councilman Schneider to remove this item from t e table. Seconded by Councilwoman Jorgenson. Upon a voice vote, 11 voting aye, Mayor Nee declared the motion carried unanimousl . Ms. Dacy, Community ' . Development Director, st ted that the petitioner is requesting ' a variance to the temporary ..sign ordinance. She .stated that the sign ordinanc limits temporary signs to a two-week time period. St. Phi ipIs, -•would like a temporary sign forathree years.. Ms. Dacy stated that ,the. Appeals Cominissio unanimously recommended denial. of this* request. She stated th the Commission felt ;the variance did not meet the test as outl ' ned in the sign ordinance, and the time period was too long. Councilman Billings asked the siz of the sign. Ms. Dacy stated that the exi ting brick sign is 5. 5 feet by 14 feet, and the message area is 24 square feet. She stated that the sign for which the tempo ary permit is requested is 46 square feet in area. Councilman Billings st ed - that even though the zoning on . the church property is re idential , the rest of the intersection is zoned commercial , an an 80 square foot sign would be permitted in a commercial area. He stated that a church in a residential area receives differe treatment than other structures from the standpoint tha there are different setback and parking requirements t t do not normally exist in a residential zone. Councilman S hneider felt that if this variance was approved, it may set a recedent, and other churches that are located in a residenti zone may request signs. Mayor ee stated that if the sign were devoted to the fund raising prop m, he felt it should be located next to the church. He did not see the need for highway exposure. City of Fridley - uillt:e HO.�ttltt9 AN o IANCElI ER SEtiT10A1 U-06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS MID AUTMOWIPING THE SALE THOtEOP SECMN'l The City of Fridley to the fere owner of the tract of.,land within the City of Fridley,Anoka County,State of Minnesota,described as follows: Lot 26,Block C,Riverview Heights,Anoka County,Minnesota,and that part of all of the vacat. ad Broad Avenue N.E.,lying spAhgdy of Me wader. ly extension of the northerly line,and northerly of the westerty extension of the southerly One of Lot 2& Reserving and subject to easements for bikeway and walkway Purposes in favor of the City of Fridley, Over the westerly 16 feet and the northoy,10 feet thereof,and northwesterly of a One drawn from points distant 12.0 feet Southerly and nodheastery of the Intersection point of the interior easement lines.Also re"vIng and subject to an easement for Public roadway purposes in favor:of the property adjacent aereterly,lying southerly of a One drawn from the most southerly comer of Lot 2l%Block C.to a point distant 100.00 feet northerly of the intersection Of the wgatery extension of the southerly Ons of said Lot 26 with the westerly HAS Of Vaated Braid Avenue. Generally located north of Lafayette Street and Math of Mississippi Boulevard.-- All lying In the North Haff of Section 3,Township 30,.1;411190 24,City of Fridley,:County of Anoka. State of Minnesota. SECTION 2 k ivI»rsbyA0drwrred by fhs Cky Council that the City no longer had pny reason to continw10 dwn-M propergt;eAd ttts' ily Council Is hereby araff dzed to sell or enter into a contract to ad said SECMN 33 The Mayor and City Cfu1c are hsrs by authorized to sign the necessary contracts and desds'lo~the sale of said property. PASSED AND ADOPTED$Y THE CITY COUN- CN.00F�THE CITY OF FR►DLeY.T-ms 4TH DAY OF OCTOBER,1993. 1MILLIAM J.NEE-MAYOR ATTEST: WILLIAMA.CHAMPA-ctry CLERK Fist Readkrp: August 2,IM Second Rssdirrg: October 4,1983 (October 12,1983)Fridley Focus