M-02-29FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003
9. Six-inch watermain to be looped according to City
10. A 12 -foot utility and drainage easement shall be
edge of the property prior to final plat.
11. A 25 -foot easement from the centerline of N
property shall be granted prior to final plat.
12. The parking lot shall be constructed to code
13. All elements of the building shall meet
the City Building Oficial.
14. The petitioner shall pay applicable
issuance of any building permits.
15. The fire turn around shall be
standards.
PAGE 3
ing staffs specifications.
along the entire southern
Creek on the west side of the
current building code and be approved by
dedication fee of $1,500 per unit prior to the
to meet the City's Fire Department
16. The driveway and fire turn ar/und shall be designed to 9 -ton standards.
17. The fire turn around shaloe posted, "No Parking Fire Lane."
18. The size of the lands pe islands shall be reduced by 5 feet in order to accommodate
fire equipment.
19. The petitioner s all meet all Rice Creek Watershed District requirements prior to
issuance of a b lding permit.
20. Provide pro that any existing wells or individual sewage treatment systems located
on the site e property capped or removed.
21. A Deve pment Agreement outlining the developer's obligation to install utilities,
etc., 11 be prepared by the City and shall be signed by the Petitioner prior to final
plat a proval.
WAIV)�D THE READING AND ADOPTED ORDINANCE NO. 1174 ON SECOND
REAG AND ORDERED PUBLICATION.
3. ORDINANCE NO. 1175 UNDER SECTION 12.06 OF THE CITY CHARTER
DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND
AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED IN THE
RIGHT-OF-WAY SOUTH OF 5541 FIFTH STREET N.E. (WARD 1).
Dr. Burns, City Manager, stated the 3,385.1 square foot parcel would be sold to Sylvester
Builders Incorporated for $1 per foot. The property was once owned by MnDOT and
i . I
FRIDLEY CITY COUNCIL MEETING OF MARCH 24, 2003 PAGE 4
considered part of the I-694 right-of-way. It was later returned back to the City. Since
the property by itself was not buildable, staff recommended that it be declared surplus
and sold subject to the following conditions:
1. Purchaser cover all filing fees associated with transaction.
2. Purchaser provide a guarantee of clean title.
3. Parcel be combined with Purchaser's existing property.
4. Purchaser prepare a quit claim deed.
5. Purchaser provide the new legal description of the property to the City.
6. City must approve architectural elevations of any buildings to be constructed on the
combination of lots prior to issuance of any building permits.
7. The sale shall be effective by July 1, 2003.
WAIVED THE READING AND ADOPTED ORDINANCE NO. 1175 ON SECOND
READING AND ORDERED PUBLICATION.
NEW BUSINESS:
4. RECEIA THE MINUTES OF THE PLANNING COMMISSION MEETING OF
MARCH N 2003.
RECEIVED.
5. RESOLUTION O. 16-2003 REQUESTING MUNICIPAL STATE AID SYSTEM
CONSTRUCTIO FUNDS FOR OTHER LOCAL USE.
Dr. Burns, City Mana r, stated the City was requesting the release of funds to support
its 2003 street reconstru tion project. Staff recommended Council's approval.
ADOPTED RESOLUTION NO. 16-2003.
6. RECEIVE BIDS AND AWARD CONTRACT FOR THE 2003
MISCELLANEOUS CONC TE REPAIR PROJECT NO. 351.
Dr. Burns, City Manager, state the low bid was submitted by Creative Curb of
Watkins, Minnesota, in the ami of $73,387.50. The project included remedial
sidewalk repair, repair of concrete s eets, and replacement of concrete curb due to
utility repairs or driveway entrance pe its. Staff recommended that Council receive
the bids and award the contract for the 2 3 Miscellaneous Concrete Repair Project No.
351 to the low bidder, Creative Curb.
ORDINANCE NO. 1175
AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING
CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE
THEREOF.
SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley,
Anoka County, State of Minnesota, described as follows:
That part of Lots 25 and 26, Block 7, Hamiltons Addition to Mechanicsville,
Anoka County, Minnesota, lying Northerly of the following described line:
Commencing at the Northeast corner of said lot 26; Thence southerly along the
east line of said Lot 26, a distance of 46.50 feet to the point of beginning of the
line to be described: thence Northwesterly to a point on the westerly line lying
5.50 feet southerly of the Northwest comer of Lot 26 and said line there
terminating.
SECTION 2. It is hereby determined by the City Council that the City no longer has any reason
to continue to own said property, and the City Council is hereby authorized to sell
or enter into a contract to sell said property.
SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts
and deeds to affect the sale of the above-described real estate, for $1/square foot,
to the adjacent property owner, with the following conditions:
• Purchaser cover all filing fees associated with transaction.
• Purchaser provide a guarantee of clean title.
• Parcel be combined with Purchaser's existing property.
• Purchaser prepare a quit claim deed.
• Purchaser provide the new legal description of the property to the City.
• City must approve architectural elevations of any buildings to be constructed
on the combination of lots prior to issuance of any building permits.
• The sale shall be effective by July 1, 2003.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
24TH' OF MARCH, 2003.
SCOTT LEND — YOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
First Reading: March 3, 2003
Second Reading: March 24, 2003
Publication: April 3, 2003
MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF
MARCH 3, 2003
The Regular Meeting of the Fridley City Council as called to order by Mayor Lund at 7:33
p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and audience i the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor d, Councilmember Barnette, Councilmember Billings
and Co cilmember Wolfe
MEMBERS ABSENT: Co ilmember Bolkcom
OTHERS PRESENT: W' liam W. Burns, City Manager
P ul Bolin, Planning Coordinator
ayne Otteson, Assistant Public Works Director
Frederic W. Knaak, City Attorney
OLD BUSINESS:
1. ORDINANCE O. 1172 AMENDING FRIDLEY CITY CODE, CHAPTER 603,
INTOXICATING LIQUOR, DEFINING BOWLING CENTERS.
Dr. Burnsy Manager, stated the first reading of the ordinance . was held at the
February 2,/42003, City Council meeting. The proposed amendment defined a bowling
center anher clarified and defined the appropriate food to liquor sales for a
restaurant,l and bowling center. Staff recommended Council's approval.
W.
RI
NEW BU
2. R]
THE READING AND ADOPTED ORDINANCE NO. 1172 ON SECOND
AND ORDERED PUBLICATION.
i1VE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
FEBRUARY 19, 2003.
RECEIVED.
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 IN THE
RIGHT-OF-WAY SOUTH OF 5541 FIFTH STREET N.E.) (WARD 1).
FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003
4.
4
PAGE 2
Dr. Burns, City Manager, stated that the ordinance declared real estate south of 5541
Fifth Street to be surplus and authorized the sale thereof. The parcel was originally taken
by the State as right-of-way for construction of I-694. In 1979 it was turned back to the
City. Since the parcel was not buildable and was not needed by the City, staff proposed
to sell it for $1 per square foot to Tim Sylvester Builders. The parcel did not include a
10 -foot boulevard along the I-694 service drive. Staff recommended Council's approval.
WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST
READING.
I1
No persons in the
APPROVAL OF
PAYMENT OF CLAIM NOS. 110237 THROUGH 110361.
THE LICENSES AS SUBMITTED AND AS ON FILE.
spoke regarding the proposed consent agenda items.
CONSENT AGENDA:
MOTION by Councilmeber Barnette to approve the proposed consent agenda. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNArOMOUSLY.
ADOPTION OF AGENDA:
Councilmember Barnette stated h would like to add Item 10A, First Reading of an Ordinance
Amending Chapter 6 of the Fridl City Code Amending the Membership of the Planning
Commission.
Councilmember Barnette stated he N
Plat Request, PS #03-01, by Mic
Townhome Development, Generally
MOTION by Councilmember Barnette
Councilmember Wolfe.
like to add Item 7A, Public Hearing on a Preliminary
Juaire, PMJ Group, Inc., to Replat Property for a
led at 1152 and 1170 Norton Avenue N.E. (Ward 2).
adopt the agenda as amended. Seconded by
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY. \
FRIDLEY CITY CO,VNCIL MEETING OF FEBRUARY 24, 2003
PAGE 6
Mr. Lloyd replied that he did not think it was possible. His house was the last house on the alley.
There was only so mu . -h grade change that could be done. He would like the City to establish the
grade. He said he would put the driveway in, but wanted the City to sign an affidavit which
would state that if there were any change in grade that affected his property, the City, at their
expense, would tear th driveway out and replace it to his satisfaction.
Councilmember Bolkc m suggested that someone from the Public Works Department work with
Mr. Lloyd.
Mr. Lloyd replied that Yee was a contractor and would put the driveway in.
Dr. Burns stated they w' uld be happy to take a look at Mr. Lloyd's driveway and try and solve
the engineering problem th him.
Mr. Lloyd stated he thout they should wait until spring to do it. He said he thought it was
wrong for the City not to Aave to pave the alley.
Councilmember Wolfe replied that they all agreed that driveways should be hard surfaced. They
did not think about alleys, a He said Mr. Lloyd's area is very unique. Because of where Mr.
Lloyd's garage was, there was going to have to be some serious work done so that he did not
F
flood out every spring.
Councilmember Billings cautioned Mr. Lloyd that he still had to appear in Court, and he needed
to address this with either Mr. `'Hickok or the City Attorney or appear in court on the appropriate
date. The conversations held at, this meeting did not relieve him of any obligation to be in Court.
Mr. Lloyd stated he would attend, the hearing.
Mayor Lund stated they would try and work with him and thanked him for attending the
meeting.
PUBLIC HEARING:
10. CONSIDERATION 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 IN THE
RIGHT-OF-WAY SOUTH OF 5541 FIFTH STREET N.E.) (WARD 1)
MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 8:05 P.M.
Mr. Hickok, Community Development Director, stated this was a public hearing to declare
property located at 5541 Fifth Street N.E. excess. Tim Sylvester Builders was the owner of the
'r r
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 24, 2003 PAGE 5
Mr. Lloyd replied that the City had time also. He said he wa told that he needed 100 percent
approval for the alley. He said some people in that area do ; of use or need the alley. He said
they told him he had five years.
Mayor Lund asked for staff's response. He stated that zf it was a through alley, they needed to
discuss whether to put an alley in, assess the affected ,property owners, and then have the City
maintain it.
Mr. Lloyd stated he was not worried about maintenance. He said he thought the ordinance was
adopted to prevent erosion and other problems. He said the City was dictating what to do, but did
not have to abide by their rules. He said he thought that was wrong.
Mayor Lund stated he did not know where they were with respect to a formal policy on paving
alleys, but there was a cost factor, and Mr. Lloyd, as an affected property owner, would most
likely bear a portion of the cost.
Mr. Lloyd indicated that there was a petition. Eight people did not need it and seven did. He
asked how that would pass. He said there had to be some way the City could find the money to
put the alley in if they expect him as a homeowner to put in a driveway.
Councilmember Wolfe stated that the, City told Mr. Lloyd the only way they could put in an alley
was if 100 percent of the neighborhood wanted it. If the City ever did put it in, they would
assess only the affected properties.
Mr. Hickok, Community Development Director, replied that all of the benefiting properties
would be assessed whether or not their driveways went into it.
Councilmember Wolfe stated that everyone would have to agree with it.
Mr. Hickok replied, yes.
Dr. Burns, City Manager, said he thought the policy on assessments was if the majority of the
property owners agreed to the assessment, that was something the City could go ahead and do.
He said he did not think assessments required unanimous approval.
Councilmember Barnette ,stated he drove around the City and saw the alley Mr. Lloyd was
talking about. He has looked at other alleys, paved and unpaved. He said he understood what
Mr. Lloyd was talking about.
Mr. Lloyd replied that he had been summoned to Court and if he did not go, there would be a
warrant issued for his arrest
I
Councilmember Bolkc' m said the City needed to correct what was wrong, but it would take a
while to do that. Mr. oyd, however, could still pave his driveway.
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 24, 2003 PAGE 7
property and was seeking to obtain an unused portion of the City right-of-way located
immediately south of this property. The 3,385 square foot parcel was originally taken by the
State as right-of-way for I-694 but was turned back to the City in 1979. He said the City retained
the 10 -foot boulevard between the edge of the property and the existing bituminous roadway
which was consistent with the properties on the west. The parcel in question was not buildable
as a stand-alone parcel, and the City had no plans for future use of the property. Tim Sylvester
Builders agreed to the conditions the City placed on the sale of the property.
Mr. Hickok said staff recommended approval of the request with the following conditions: 1.
Purchaser cover all filing fees associated with transaction; 2. Purchaser provide a guarantee of
clean title; 3. Parcel be combined with purchaser's existing property; 4. Purchaser prepare a quit
claim deed; 5. Purchaser provide the new legal description of the property to the City; 6. City
must approve architectural elevations of any buildings to be constructed on the combination of
lots prior to issuance of any building permits; and 7. The sale shall be effective as of July 1,
2003. Also included with this recommendation was a sale price of $1 per square foot which was
their standard on similar situations. He said staff would prepare an ordinance declaring this
property excess for first reading at the March 3, 2003, Council meeting. If approved, the second
reading of the ordinance would be scheduled for the March 24 meeting.
Ms. Sue Larson of Tim Sylvester Builders said they were willing to abide by all of the
recommendations.
MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 8:08 P.M.
OLD BUSINESS:
11. ORDINANCE NO. 1471 AMENDING CHAPTER 214 OF THE FRIDLEY CITY
CODE PERTAINING'TO AUTOMATIC CHANGEABLE SIGNS.
Mr. Hickok, Community Develo ent Director, stated this was the second reading of an
ordinance to bring the City's sign c de d into compliance with the Constitution. The proposed
amendment removed all content -bas regulation, removed time exemption for time,
temperature, and date, and required that all messages not change more than once every 45
seconds. Signs permitted with the special u e permit included automatic changeable signs. He
said they were permitted in all districts exce t residential, and they had to conform with the
requirements for signs. Staff recommended Co cil's approval of the ordinance.
Councilmember Wolfe asked if the City would
the rules for moving signs were still in effect.
Mr. Hickok replied, yes.
panies about the changes. He asked if
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 24, 2003 PAGE 8
MOTION by Councilmember Bolkcom to waive the reading and approve �'dinance No. 1171
on second reading. Seconded by Councilmember Wolfe
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LD DECLARED THE
MOTIONS CARRIED UNANIMOUSLY.
NEW BUSINESS
12. FIRST READING OF AN ORDINANCE AMEI WING FRIDLEY CITY CODE
CHAPTER 603, INTOXICATING LI(
rINING BOWLING CENTERS.
Mr. Pribyl, Finance Director, stated this change adde ' a definition of "bowling centers" to
Chapter 603. The draft language was intended to be 4 starting point, and Council may have
additional changes they feel appropriate. They faxed copy of the proposed ordinance to AMF
last week.
Mayor Lund asked for a clarification /with respect to the changes under
"Restaurant." The last sentence in that sectionsa'd a license year was a minimum of 40% of the
total gross sales of the business.
Mr. Pribyl said that to be a restaurant, they most do at least 40 percent of their total gross sales of
the business in food and liquor.
Councilmember Billings stated that underAhe definition of "bowling center" it was specified that
a minimum of 60 percent of the gross sales for the business for the year had to be from items
associated with the sport of bowling, such as the lanes, shoe rental, ball sales, etc. In order to be
defined as a restaurant, 40 percent of the business had to be from the sale of food and liquor.
MOTION by Councilmember Wolfe to waive the reading and approve the ordinance on first
reading. Seconded by Councilmenlber Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTIONS CARRIED UNANIMOUSLY.
i
13. VARIANCE REQUEST, VAR #03-04, BY TIMOTHY MILLER, TO REDUCE
THE FRONT YARD SETBACK, GENERALLY LOCATED AT 591 DOVER
STREET N.E. I
Mr. Hickok, Community'Development Director, stated this request involved two variances for
the property located at 591 Dover Street. The first variance was to reduce the front yard setback
from 29 feet to 18.2 felt to recognize an existing non -conformity. The second variance was to
reduce the front yard setback from 29 feet to 10 feet to construct an open covered porch on the
west side of the hom '.. He said the property was zoned R-1, Single -Family Residential, as were
the surrounding pro&sties. The property was off Dover Street, but received access from Broad
Avenue. The origWal home was constructed prior to 1949. When it was constructed, it was built
facing Dover Street and met all the setback requirements. He believed that it was anticipated
AW AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 24, 2003
MY OF
FRIDLEY
Date: March 10, 2003
To: William Burns, City Manager (ol
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: Second Reading of an Ordinance Declaring Certain Real Estate to be
Surplus and Authorizing Sale Thereof
M-03-43
INTRODUCTION
Tim Sylvester Builders, Inc., owner of 5541 5' Street, is seeking to obtain an unused
portion of City right of way (ROW) located immediately south of his property. The
3,385.1 square foot parcel was originally taken by the State as ROW for 1-694, but was
turned back to the City in 1979.
The City will retain a 10' boulevard between the edge of the property and the existing
bituminous roadway, consistent with properties to the west. The parcel in question is
not buildable as a stand-alone parcel and the City has no plans for future use of this
property. As Tim Sylvester Builders has agreed to the City's conditions placed on the
sale of this property, staff recommends the Council declare the property excess and
authorize sale thereof.
STAFF RECOMMENDATION
Staff recommends holding the Second Reading of the ordinance declaring this property
surplus and selling the property for $1/ square foot, with the following conditions:
Purchaser cover all filing fees associated with transaction.
• Purchaser provide a guarantee of clean title.
• Parcel be combined with Purchaser's existing property.
Purchaser prepare a quit claim deed.
Purchaser provide the new legal description of the property to the City.
• City must approve architectural elevations of any buildings to be constructed on
the combination of lots prior to issuance of any building permits.
• The sale shall be effective by July 1, 2003.
10
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 30 2003
CrrY OF
FRIDLEY
Date: February 19, 2003
iik
To: William Burns, City Manager A m
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: First Reading of an Ordinance Declaring Certain Real Estate to be Surplus and
Authorizing Sale Thereof
M-02-29
INTRODUCTION
Tim Sylvester Builders, Inc., owner of 55415 th Street, is seeking to obtain an unused
portion of City right of way (ROW) located immediately south of his property. The 3,385.1
square foot parcel was originally taken by the State as ROW for 1-694, but was turned back
17
The City will retain a 10' boulevard between the edge of the property and the existing
bituminous roadway, consistent with properties to the west. The parcel in question is not
buildable as a stand-alone parcel and the City has no plans for future use of this property.
As Tim Sylvester Builders has agreed to the City's conditions placed on the sale of this
property, staff recommends the Council declare the property excess and authorize sale
thereof.
STAFF RECOMMENDATION
Staff recommends holding the First Reading of the ordinance declaring this property
surplus and selling the property for $1/ square foot, with the following conditions:
• Purchaser cover all filing fees associated with transaction.
• Purchaser provide a guarantee of clean title.
• Parcel be combined with Purchaser's existing property.
• Purchaser prepare a quit claim deed.
• Purchaser provide the new legal description of the property to the City.
• City must approve architectural elevations of any buildings to be constructed on the
combination of lots prior to issuance of any building permits.
• The sale shall be effective by July 1, 2003.
Staff has prepared an ordinance declaring this property excess for the Council's review. If
Council is inclined to declare the property excess and authorize sale of said property the
second reading of the ordinance will be scheduled for their March 24, 2003, meeting.
ORDINANCE NO.
AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING
CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE
THEREOF.
SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of
Fridley, Anoka County, State of Minnesota, described as follows:
That part of Lots 25 and 26, Block 7, Hamiltons Addition to
Mechanicsville, Anoka County, Minnesota, lying Northerly of the
following described line:
Commencing at the Northeast corner of said lot 26;
Thence southerly along the east line of said Lot 26,
a distance of 46.50 feet to the point of beginning of the line to be
described; thence Northwesterly to a point on the westerly line
lying 5.50 feet southerly of the Northwest corner of Lot 26 and
said line there terminating.
SECTION 2. It is hereby determined by the City Council that the City no longer has
any reason to continue to own said property, and the City Council is
hereby authorized to sell or enter into a contract to sell said property.
SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary
contracts and deeds to affect the sale of the above-described real estate,
for $1/square foot, to the adjacent property owner, with the following
conditions:
• Purchaser cover all filing fees associated with transaction.
• Purchaser provide a guarantee of clean title.
• Parcel be combined with Purchaser's existing property.
• Purchaser prepare a quit claim deed.
• Purchaser provide the new legal description of the property to the
City.
• City must approve architectural elevations of any buildings to be
constructed on the combination of lots prior to issuance of any
building permits.
• The sale shall be effective by July 1, 2003.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY THIS OF , 2003.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
First Reading: March 3, 2003
Second Reading:
Publication:
19
■' AGENDA ITEM
ri
CITY COUNCIL MEETING OF FEBRUARY 24, 2003
My OF
FRIDLEY
Date: February 19, 2003
To: William Burns, City Manager fii `P0
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: Hearing To Declare A Certain Parcel Of City Owned Real Estate Surplus
And Authorize The Sale Thereof
M-02-29
INTRODUCTION
Tim Sylvester Builders, Inc., owner of 5541 5' Street, is seeking to obtain an unused
portion of City right of way (ROW) located immediately south of his property. The
3,385.1 square foot parcel was originally taken by the State as ROW for 1-694, but was
The City will retain a 10' boulevard between the edge of the property and the existing
bituminous roadway, consistent with properties to the west. The parcel in question is
not buildable as a stand-alone parcel and the City has no plans for future use of this
property. As Tim Sylvester Builders has agreed to the City's conditions placed on the
sale of this property, staff recommends the Council declare the property excess and
authorize sale thereof.
STAFF RECOMMENDATION
Staff recommends holding the public hearing on this item. Staff further recommends
declaring this property excess and selling the property for $1/ square foot, with
the following conditions:
• Purchaser cover all filing fees associated with transaction.
• Purchaser provide a guarantee of clean title.
• Parcel be combined with Purchaser's existing property.
• Purchaser prepare a quit claim deed.
• Purchaser provide the new legal description of the property to the City.
• City must approve architectural elevations of any buildings to be constructed on
the combination of lots prior to issuance of any building permits.
• The sale shall be effective by July 1, 2003.
Staff will prepare an ordinance declaring this property excess for the Council's review
and first reading at their March 3, 2003, meeting. If Council is inclined to declare the
property excess and authorize sale of said property the second reading of the
ordinance will be scheduled for their March 24, 2003, meeting.
59
ORDINANCE NO.
AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING
CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE
THEREOF.
SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of
Fridley, Anoka County, State of Minnesota, described as follows:
That part of Lots 25 and 26, Block 7, Hamiltons Addition to
Mechanicsville, Anoka County, Minnesota, lying Northerly of the
following described line:
Commencing at the Northeast corner of said lot 26;
Thence southerly along the east line of said Lot 26,
a distance of 46.50 feet to the point of beginning of the line to be
described: thence Northwesterly to a point on the westerly line
lying 5.50 feet southerly of the Northwest corner of Lot 26 and
said line there terminating.
SECTION 2. It is hereby determined by the City Council that the City no longer has
any reason to continue to own said property, and the City Council is
hereby authorized to sell or enter into a contract to sell said property.
SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary
contracts and deeds to affect the sale of the above-described real estate,
for $1/square foot, to the adjacent property owner, with the following
conditions:
• Purchaser cover all filing fees associated with transaction.
• Purchaser provide a guarantee of clean title.
• Parcel be combined with Purchaser's existing property.
• Purchaser prepare a quit claim deed.
• Purchaser provide the new legal description of the property to the
City.
• City must approve architectural elevations of any buildings to be
constructed on the combination of lots prior to issuance of any
building permits.
• The sale shall be effective by July 1, 2003.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY THIS OF , 2003.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
First Reading: February 24, 2003
Second Reading:
Publication:
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that there will be a public hearing of the
Fridley City Council at the Fridley Municipal Center, 6431
University Avenue N.E. on Monday, February 24, 2003, at 7:30 p.m.
for the purpose of:
An ordinance under Section 12.06 of the City Charter declaring
certain real estate, generally located in the Right -of -Way
south of 5541 -5th Street NE, to be surplus and authorizing the
sale thereof.
The City of Fridley is the fee owner of the tract of land
within the City of Fridley, Anoka County, State of Minnesota,
described as follows:
That part of Lots 25 and 26, Block 7, Hamiltons Addition
to Mechanicsville, Anoka County, Minnesota, lying
Northerly of the following described line: Commencing at
the Northeast corner of said Lot 26; thence southerly
along the east line of said Lot 26, a distance of 46.50
feet to the point of beginning of the line to be
described: thence Northwesterly to a point on the
westerly line lying 5.50 feet southerly of the Northwest
corner of Lot 26 and said line there terminating.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place. Any questions
related to this item may be referred to Paul Bolin, Planning
Coordinator at 763-572-3599.
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 763-572-3500 no later than
February 20, 2003. The TDD number is 763-572-3534.
SCOTT J. LUND
MAYOR
Publish: February 13, 2003
February 20, 2003
City of Fridley
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that there will be a
public hearing of the Fridley C Council at
the Fridley Municipal Center, 64Pj University
Avenue N.E. on Monday, February 24, 2003,
at 7:30 p.m. for the purpose of:
An ordinance under Section 12.06 of the
City Charter declaring certain real estate,
generally located in the Right -of -Way south
of 5541 -5th Street NE, to be surplus and
authorizing the sale thereof.
The City of Fridley is the fee owner of the
tract of land within the City of Fridley, Anoka
County, State of Minnesota, described as fol-
lows:
That part of Lots 25 and 26, Block 7,
Hamiltons Addition to Mechanicsville, Anoka
County, Minnesota, lying Northerly of the fol-
lowing described line: Commencing at the
Northeast corner of said Lot 26; thence
southerly along the east line of said Lot 26, a
distance of 46.50 feet to the point of begin-
ning of the line to be described: thence
Northwesterly to a point on the westerly One
lying 5.50 feet southerly of the Northwest
comer of Lot 26 and said line there terminat-
ing.
Any and all persons desiring to be heard
shall be given an opportunity at the above
stated time and place. Any questions related
to this item may be referred to Paul Bolin,
Planning Coordinator at 763-572-3599.
Hearing Impaired persons planning to
attend who need an interpreter or other per-
sons with disabilities who require auxiliary
aids should contact Roberta Collins at 763-
572-3500 no later than February 20, 2003.
The TDD number is 763-572-3534.
SCOTT J.LUND
MAYOR
(February 13 & 20, 2003)F2/5541 -5th St
City of. Fridley
Z=P
(Official ubecation)
ORDINANCE NO. 1175
AN ORDINANCE UNDER SECTION
12.06 OF THE CITY CHARTER
DECLARING CERTAIN REAL ESTATE
TO BE SURPLUS AND AUTHORIZING
THE SALE THEREOF.
SECTION 1. The City of Fridley is the fee
owner of the tract of iand within the City of
Fridley; Anoka County, State of Minnesota,
described as follows: ,
That part of Lots 25 and 26, Block 7,
Hamiltons Addition to'Mechanicsvilie, Anoka
County, Minnesota, lying Northerly of the fol
lowing described line: ,
Commencing at the Northeast porner of
said lot 26;
Thence southerly along the east line of
said Lot 26, -
a distance of 46.50 feet -to the point of
beginning of the line to be described: thence
Northwesterly to a point on the westerly line
lying 5.50 feet southerly of the Northwest
comer of Lot 26 and said line there terninat-
mg' i
SECTION Z It is hereby determined by
the City Council that the City no longer has
any, reason to continue to own said property,
and the City Council is hereby authorized to
sell or enter into a contract to sell said prop-
erty. .
SECTION 3. The Mayor and City Clerk
are hereby authorized to "sign the necessary
contracts and deeds to affect the sale of the
abbve-descnbed real estate, for $1/square
foot, to the adjacent property owner, with the
following conditions: -
Purchaser cover all filing fees associated
with transaction.
• Purchaser provide a guarantee of clean
title.
• Parcel be combined with Purchaser's
existing property.
• Purchaser prepare a quitclaim deed.
• Purchaser provide the new legal descrip-
tion of the property to the City.
• City'must approve architectural eleva-,
tions of. anybuildings to be constructed on
the combination of tots prior to Issuance of
any building permits. -
• The sale*shall be effective by July 1,
2003.
PASSED AND ADOPTED BY -THE CITY
COUNCIL OF THE CITY OF FRIDLEY.THIS,
24TH OF MARCH, 2003.
SCOTT J. LUND -MAYOR
- -ATTEST:
DEBRA A SKOGEN - CITY CLERK .
First Reading. March 3, 2003 .
Second Reading: March 24,2603
Publication: April 3, 2003: -
(Apr 3, 2003)F2/Ord 1175
ORDINANCE NO. 1175
All ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING
CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE
THEREOF.
SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley,
Anoka County, State of Minnesota, described as follows:
That part of Lots 25 and 26, Block 7, Hamiltons Addition to Mechanicsville,
Anoka County, Minnesota, lying Northerly of the following described line:
Commencing at the Northeast corner of said lot 26; Thence southerly along the
east line of said Lot 26, a distance of 46.50 feet to the point of beginning of the
line to be described: thence Northwesterly to a point on the westerly line lying
5.50 feet southerly of the Northwest comer of Lot 26 and said line there
terminating.
SECTION 2. It is hereby determined by the City Council that the City no longer has any reason
to continue to own said property, and the City Council is hereby authorized to sell
or enter into a contract to sell said property.
SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts
and deeds to affect the sale of the above-described real estate, for $1/square foot,
to the adjacent property owner, with the following conditions:
• Purchaser cover all filing fees associated with transaction.
• Purchaser provide a guarantee of clean title.
• Parcel be combined with Purchaser's existing property.
• Purchaser prepare a quit claim deed.
• Purchaser provide the new legal description of the property to the City.
• City must approve architectural elevations of any buildings to be constructed
on the combination of lots prior to issuance of any building permits.
• The sale shall be effective by July 1, 2003.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
24TH OF MARCH, 2003.
SCOTT — AYOR
ATTEST: ,
DEBRA A. SKOGEN — CITY CLERK
First Reading: March 3, 2003
Second Reading: March 24, 2003
Publication: April 3, 2003
Sun Focus- q-117-03
City of Fridley
Legal PubllcaUon
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that there will be a
public hearing of the Fridley City Council at
the Fridley Municipal Center, 6431 University
Avenue N.E. on Monday, July 28, 2003, at
7:30 p.m. for the purpose of:
An ordinance under Section 12.06 -of the
City Charter declaring certain real estate,
generally located In the Right -of -Way south
Of 5541 -5th Street NE, to be surplus and
authorizing the sale -thereof.
The City of Fridley Is the fee owner of the
tract of land within the City of Fridley, Anoka
County, State of Minnesota, described as fol-
lows:
That part of Lots.25 and 26, Block 7,
Hamiltons Addition .to Mechanicsville, Anoka
County, Minnesota, tying Northerly of the fol-
lowing described line: Commencing at the
Northeast corner of said Lot 26; thence
southerly along the east line of said Lot 26, a
distance of 46.50 feet to the point of begin-
ning of the line to be described: thence
Northwesterly to a point on the westerly line
lying 5.50 feet -southerly of the Northwest
comer of Lot 26 and said. line there terminat-
ing. ,
Any and all persons desiring to be heard
shall be given an opportunity -at the above
stated time and place. Any questions related
to this Item may be referred to Paul Bolin,
Planning Coordinator at 763-572-3599.
Hearing impaired persons planning to
attend who need an Interpreter or -other per-
sons with disabilities who require auxiliary
aids should contact Roberta Collins at 763-
572-3500 no later than July 22, 2()03. The
TDD number Is 763-572-3534.
SCOTT J.LUND
MAYOR
(July 17, 2003)[72/5541 -5th St sec 12.06
Sun-haus• 7 I q - 03
City of Fridley
Legal Publication
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice Is hereby given that there will be a
public hearing of•the Fridley City Council at
the Fridley Municipal Center, 6431 University
Avenue N.E. on Monday, July 28, 2003, at
7:30 p.m. for the purpose of: _
An ordinance to repeal Ordinance #1175,
originally adopted on March 24; 2003.
Ordinance #1175 declared certain real
estate, generally located in the Right-of-Waj
south of 5541 -5th Street. NE, .to be surplus
and authorizing the sale thereof, by July 1, ,
2003. The purchaser failed to effect the
transaction Ithe required time frame.
Any and all persons desiring to be heard
shell be given an opportunity at the above
stated time and place. Any questions related
:led
may be referred to Paul Bolin,
Planning Coordinator. at 763-572-3599.
Hearing. impaired persons planning to
attend who need an Interpreter or. other per-
sons with disabilities who require auxiliary
aids st►ouid contact -Roberta Collins at 763-
572-3500 no. later than July 22, 2003. The
TDD number is 763-572-3534.
SCOTT J.LUND
MAYOR
(duly 17,2003)F215541-54-#1176
rd -W-1 AGENDA ITEM
ri
CITY COUNCIL MEETING OF JULY 28, 2003
QIY OF
FRIDLEY
Date: July 23, 2003
To: William Bums, City Manager Aik
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: Public Hearing To Declare A Certain Parcel Of City Owned Real Estate Surplus
And Authorize The Sale Thereof M-03-101
INTRODUCTION
Tim Sylvester Builders, Inc., former owner of 55415 th Street, successfully sought to have
the City declare excess, an unused portion of City right of way (ROW) located immediately
south of his property. Tim Sylvester failed to meet the conditions for sale in the required
timeframe and recently sold the property at 55415 th Street to Tradition Homes. Tradition
;ess.
The 3,385.1 square foot parcel was originally taken by the State as ROW for 1-694, but was
turned back to the City in 1979. The City sought to retain a 10' boulevard between the
edge of the property and the existing bituminous roadway, consistent with properties to the
west. The parcel in question is not buildable as a stand-alone parcel and the City has no
plans for future use of this property. As Tim Sylvester Builders had agreed to the City's
conditions placed on the sale of this property, staff recommended the Council declare the
property excess and authorize sale thereof.
In March 2003 the Council did declare the property excess, however, Tim Sylvester
Builders failed to meet the conditions placed on approval before the July 1, 2003 deadline.
Therefore, the ordinance is no longer valid. In addition, Tim Sylvester Builders is no longer
in business and recently sold the adjacent property to Jay Windschitl of Tradition Homes,
Inc..
Mr. Windschitl has requested that the City approve a new ordinance declaring the property
excess and authorizing sale of the parcel to Tradition Homes.
STAFF RECOMMENDATION
Staff recommends the Council hold a public hearing to deem this property excess and sell
this property to Tradition homes for $1/square foot with the following conditions:
• Purchaser cover all filing fees associated with transaction.
• Purchaser provide a guarantee of clean title.
• Parcel be combined with Purchaser's existing property.
• Purchaser prepare a quit claim deed.
• Purchaser provide the new legal description of the property to the City.
• City must approve architectural elevations of any buildings to be constructed on the
combination of lots prior to issuance of any building permits.
• The sale shall be effective by December 1, 2003.
City Attorney Knaak points out that it will be necessary for the Council to pass a resolution
repealing the previous ordinance declaring the property excess and authorizing the sale to
Tim Sylvester Builders. The City Attorney has stated this can be done just prior to holding
the first reading of the ordinance to authorize the sale of the property to the new owner,
Tradition Homes.
27
AGENDA ITEM
ri CITY COUNCIL MEETING OF JULY 289 2003
MY OF
FRIDLEY
Date: July 23, 2003
To: William Burns, City Manager
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subiect: 1" Readina of Ordinance To Repeal Ordinance #1175 M-03-102
INTRODUCTION
Tim Sylvester Builders, Inc., former owner of 55415 th Street, successfully sought to have
the City declare excess, an unused portion of City right of way (ROW) located immediately
south of his property. Tim Sylvester failed to meet the conditions for sale in the required
timeframe and recently sold the property at 5541 5th Street to Tradition Homes. Tradition
Homes is seeking to purchase the portion of unused ROW previously declared excess.
City Attorney Knaak had indicated to Staff that it is necessary for the Council to pass a
resolution repealing the previous ordinance declaring the property excess and authorizing
the sale to Tim Sylvester Builders. The City Attorney stated that this could be done just
prior to holding the first reading of the ordinance to authorize the sale of the property to the
new owner, Tradition Homes.
STAFF RECOMMENDATION
Staff recommends the Council hold the first reading of an ordinance to repeal Ordinance
#1175, originally adopted March 24, 2003.
2
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 289 2003
QTY OF
FRIDLEY
Date: July 23, 2003
To: William Burns, City Manager 400
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: 1' Reading of Ordinance To Repeal Ordinance #1175 M-03-102
INTRODUCTION
Tim Sylvester Builders, Inc., former owner of 55415 th Street, successfully sought to have
the City declare excess, an unused portion of City right of way (ROW) located immediately
south of his property. Tim Sylvester failed to meet the conditions for sale in the required
timeframe and recently sold the property at 55415 th Street to Tradition Homes. Tradition
Homes is seeking to purchase the portion of unused ROW previously declared excess.
City Attorney Knaak had indicated to Staff that it is necessary for the Council to pass a
resolution repealing the previous ordinance declaring the property excess and authorizing
the sale to Tim Sylvester Builders. The City Attorney stated that this could be done just
prior to holding the first reading of the ordinance to authorize the sale of the property to the
new owner, Tradition Homes.
STAFF RECOMMENDATION
Staff recommends the Council hold the first reading of an ordinance to repeal Ordinance
#1175, originally adopted March 24, 2003.
37
ORDINANCE NO.
AN ORDINANCE UNDER SECTION 12.06 OF THE CITY TO REPEALING
ORDINANCE #1175 DECLARING CERTAIN REAL ESTATE TO BE EXCESS AND
AUTHORIZING THE SALE THEREOF.
SECTION 1. Ordinance #1175, adopted March 24, 2003 declared real property excess,
described as follows:
That part of Lots 25 and 26, Block 7, Hamiltons Addition to
Mechanicsville, Anoka County, Minnesota, lying Northerly of the
following described line:
Commencing at the Northeast comer of said lot 26;
Thence southerly along the east line of said Lot 26,
a distance of 46.50 feet to the point of beginning of the line to be
described: thence Northwesterly to a point on the westerly line lying
5.50 feet southerly of the Northwest comer of Lot 26 and said line there
terminating.
SECTION 2. The purchaser failed to effect the transaction in the required timeframe
and subsequently sold the property adjoining the City's.
SECTION 3. That Ordinance #1175 is hereby repealed.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
OF , 2003.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
First Reading: July 28, 2003
Second Reading:
Publication:
ME, AGENDA ITEM
C CITY COUNCIL MEETING GF JULY 280 2003
f]TY OF
FRIDLEY
Date: July 23, 2003 V
To: William Burns, City Manager 4#4
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: 1 " Reading of Ordinance To Declare A Certain Parcel Of City Owned Real
Estate SurDlus And Authorize The Sale Thereof M-03-103
INTRODUCTION
Jay Windschitl of Tradition Homes, Inc., new owner of 5541 5th Street, has requested that
the City approve a new ordinance declaring the property abutting his as excess and
authorizing sale of the parcel to Tradition Homes.
STAFF RECOMMENDATION
Staff recommends the Council hold the first reading of an ordinance to deem this property
excess and authorize the sale of this property to Tradition homes for $1/square foot
with the following conditions:
• Purchaser cover all filing fees associated with transaction.
• Purchaser provide a guarantee of clean title.
• Parcel be combined with Purchaser's existing property.
• Purchaser prepare a quit claim deed.
• Purchaser provide the new legal description of the property to the City.
• City must approve architectural elevations of any buildings to be constructed on the
combination of lots prior to issuance of any building permits.
• The sale shall be effective by December 1, 2003.
ORDINANCE NO.
AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING
CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE
THEREOF.
SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of
Fridley, Anoka County, State of Minnesota, described as follows:
That part of Lots 25 and 26, Block 7, Hamiltons Addition to
Mechanicsville, Anoka County, Minnesota, lying Northerly of the
following described line:
Commencing at the Northeast corner of said lot 26;
Thence southerly along the east line of said Lot 26,
a distance of 46.50 feet to the point of beginning of the line to be
described: thence Northwesterly to a point on the westerly line
lying 5.50 feet southerly of the Northwest corner of Lot 26 and
said line there terminating.
SECTION 2. It is hereby determined by the City Council that the City no longer has
any reason to continue to own said property, and the City Council is
hereby authorized to sell or enter into a contract to sell said property.
SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary
contracts and deeds to affect the sale of the above-described real estate,
for $1/square foot, to the adjacent property owner, with the following
conditions:
• Purchaser cover all filing fees associated with transaction.
• Purchaser provide a guarantee of clean title.
• Parcel be combined with Purchaser's existing property.
• Purchaser prepare a quit claim deed.
• Purchaser provide the new legal description of the property to the
City.
• City must approve architectural elevations of any buildings to be
constructed on the combination of lots prior to issuance of any
building permits.
• The sale shall be effective by December 1, 2003.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY THIS OF , 2003.
SCOTT J. LUND — MAYOR
nwo" Iq
DEBRA A. SKOGEN — CITY CLERK
First Reading: July 28, 2003
Second Reading:
Publication:
nu
1�S
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that there will be a public hearing of the
Fridley City Council at the Fridley Municipal Center, 6431
University Avenue N.E. on Monday, July 28, 2003, at 7:30 p.m. for
the purpose of:
An ordinance to repeal Ordinance #1175, originally adopted on
March 24, 2003. Ordinance #1175 declared certain real estate,
generally located in the Right -of -Way south of 5541 -5th Street
NE, to be surplus and authorizing the sale thereof, by July 1,
2003. The --purchaser failed to effect the transaction in the
required time frame.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place. Any questions
related to this item may be referred to Paul Bolin, Planning
Coordinator at 763-572-3599.
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 763-572-3500 no later than July
22, 2003. The TDD number is 763-572-3534.
SCOTT J. LUND
MAYOR
Publish: July 17, 2003
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
M
Notice is hereby given that there will be a public hearing of the
Fridley City Council at the Fridley Municipal Center, 6431
University Avenue N.E. on Monday, July 28, 2003, at 7:30 p.m. for
the purpose of:
An ordinance under Section 12.06 of the City Charter declaring
certain real estate, generally located in the Right -of -Way
south of 5541 -5th Street NE, to be surplus and authorizing the
sale thereof.
The City of Fridley is the fee owner of the tract of land
within the City of Fridley, Anoka County, State of Minnesota,
described as follows:
That part of Lots 25 and 26, Block 7, Hamiltons Addition
to Mechanicsville, Anoka County, Minnesota, lying
Northerly of the following described line: Commencing at
the Northeast corner of said Lot 26; thence southerly
along the east line of said Lot 26, a distance of 46.50
feet to the point of beginning of the line to be
described: thence Northwesterly to a point on the
westerly line lying 5.50 feet southerly of the Northwest
corner of Lot 26 and said line there terminating.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place. Any questions
related to this item may be referred to Paul Bolin, Planning
Coordinator at 763-572-3599.
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 763-572-3500 no later than July
22, 2003. The TDD number is 763-572-3534.
SCOTT J. LUND
MAYOR
Publish: July 17, 2003
FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 13
MOTION by Councilmeer Billings to amend Stipulation No. 3 to replace the period with a
comma, and add thev iage suggested by the attorney: "if necessary to manage adequately
drainage and storm "v er on the property." Seconded by Councilmember Bolkcom.
UPON A VOI E VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CAARIED UNANIMOUSLY.
NEW BUSINESS:
11. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY
CHARTER REPEALING ORDINANCE NO. 1175 DECLARING CERTAIN
REAL ESTATE TO BE EXCESS AND AUTHORIZING THE SALE THEREOF
(GENERALLY LOCATED AT 5541 FIFTH STREET N.E. (WARD 1).
Mr. Hickok stated a public hearing was held on this item earlier in the meeting. The difference
between this ordinance and the next item on the agenda was this action repealed Ordinance No.
1175. Staff recommended Council's approval.
MOTION by Councilmember Billings to waive the reading and approve the ordinance on first
reading. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12. 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 5541
FIFTH STREET N.E.) (WARD 1).
Mr. Hickok stated this ordinance declared the real estate excess and allowed the sale of the land
to Tradition Homes.
MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first
reading. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. SPECIAL USE PEI
SECOND ACS
1426 — 64 A
'REQUEST, SP #03-012, BY JESSE COLLARD, FOR A
STRUCTURE (GARAGE), GENERALLY LOCATED AT
Fffj-k" ._ 1
Mr. Hickok, Community Develoknent Director, stated this special use permit would allow the
construction of a 994 -square foot a cessory structure in the side yard of the residence at 1426 —
64t" Avenue N.E. The building woulZkbe used to store recreational vehicles and lawn equipment.
FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003
There was an attached garage. What would be discussed
square foot garage.
Mr. Hickok stated the City Code required a special use pe
than the first accessory building over 240 square feet. Th
structures shall not exceed 1,400 square feet. The total s
245 square feet. The total square footage of the proposed
The total of the two structures would be 1,239 square fe
the Code allowed. Petitioner has a small storage shed
would be removed upon completion of the proposed ac
location meets all setback and lot coverage requirement .
the structure back roughly 10 feet. He said they could
rear lot line according to the City Code. Two neighbo 'n
the placement, size, and use of the structure. It w
proposed structure further back in his rear yard to n o
structure and the property line. The petitioner
additional 10 feet to the south. Staff visited the
being moved back an additional 10 feet.
PAGE 14
be an additional detached, 994
rm t to allow accessory buildings, other
e otal square footage of the accessory
are footage of the existing garage is
ccessory structure is 994 square feet.
which was 161 square feet less than
the rear yard of his property which
essory structure. The proposed garage
Petitioner has asked if they can move
ove it back as close as three feet to the
g property owners had concerns about
suggested that Mr. Collard move the
vide landscaping between the proposed
d he planned to move the structure an
and saw no problems with the structure
Mr. Hickok said the Planning Commission recom le ded approval of the special use permit with
seven stipulations. Second accessory buildings over 00 square feet are permitted special uses in
the R-1 District. Staff recommended Council's appr val with seven stipulations.
MOTION by Councilmember Wolfe to receive two letters sent to the City regarding this matter,
one dated July 22, 2003, from Pat Mulroy at 1384 64`h Avenue N.E., and the other dated July
23, 2003, from Judy and Mike Zerby, 1400 — `h Avenue. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING
MOTION CARRIED UNANIMOUSLY.
Councilmember Wolfe asked if this was meant to
Mr. Hickok said it was.
Councilmember Wolfe stated he found out it
going to it.
Mr. Hickok said the building was intended for
mowers, that type of thing. The representation
because they would not be utilizing the cou
roadway enough to wear any sort of path.
Commission and staff have recommended in so
MAYOR LUND DECLARED THE
storage for recreational vehicles.
going to be a garage with no hard surface
essory uses, boats on trailers not in use, lawn
made that a driveway would not be necessary
back and forth between the garage and the
similar situations in the past, the Planning
circumstances that a driveway not be placed.
Councilmember Wolfe asked if he knew it was going to be a garage would the decision have
been different.
FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2003 PAGE 5
PUBLIC HEARING:
7. CONSIDERATION OF A REQUEST TO DECLARE A CERTAIN PARCEL OF
CITY -OWNED REAL ESTATE SURPLUS AND AUTHORIZE THE SALE
THEREOF, GENERALLY LOCATED AT 5541 FIFTH STREET N.E. (WARD 1).
MOTION by Councilmember Billings to open the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING OPENED AT 8:08 P.M.
Mr. Scott Hickok, Community Development Director, stated this was a request to consider some
land located at 5541 Fifth Street N.E. excess and to sell it. He said Tradition Homes was the
new owner, and they were seeking to obtain an unused portion of the City right-of-way located
immediately south of the property. The 3,385 -square foot parcel was originally taken by the
State as right-of-way for I-694 but was turned back to the City in 1979. The City would retain a
10 -foot boulevard between the edge of the property and the existing bituminous roadway, which
was consistent with the properties to the west. The parcel in question was buildable as a stand-
alone parcel, and the City had no plans for future use of the property. Tradition Homes has
agreed to the conditions placed on the sale of the property. Staff recommended approval with
the following conditions:
• Purchaser cover all filing fees associated with this transaction.
• Purchaser provide a guaranty of clean title.
• Parcel be combined with Purchaser's existing property.
• Purchaser prepare a quit claim deed.
• Purchaser provide the new legal description of the property to the City.
• City must approve architectural elevations of any buildings to be constructed on the
combination of lots prior to issuance of any building permits.
• The sale shall be effective by December 1, 2003.
Councilmember Billings stated that the City had a public hearing on this same piece of property
and passed an ordinance to sell it to Sylvester Builders. He said that Sylvester Builders did not
meet the requirements. He asked if the City declared it excess by motion.
Mr. Hickok said the City did.
Mr. Jay Windschitl, owner of Tradition Homes, said Mr. Sylvester sold the property to him. He
said he would like to pursue the option on the property.
MOTION by Councilmember Billings to close the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 8:13 P.M.
FRIDLEY CITY COUNCIL MEETLNG OF JULY 28, 2003 PAGE 6
OLD BUSINESS:
8. PRELIMIN
REPLAT PRO
PLAT REQUEST, PS #02-03 BY BRANDES PLACE LP, TO
ERTY INTO TWO LOTS, GENERALLY LOCATED AT 6160
FIFTH STREEI N.E. WARD 1).
Council asked for a brief \Oerview of Items 8, 9, and 10.
Mr. Frederic Knaak, City-orney, stated the three items were action items related to a
settlement agreement passed a a previous meeting. The items were the approval of a preliminary
plat request. a comprehensive Ian amendment, and the first reading of an ordinance to amend
the City Code by making a c ge in zoning districts. He said the City was sued by the
developer in this matter. After c �iderable analysis, it was the opinion of legal counsel that the
City's legal position was weak an that the potential for a very significant liability existed. As
part of the litigation process, the ity entered into mediation and reached an agreement that
limited the City's liability. The s let
Council meeting, avoided potential 'ab
admit to any wrongdoing or to any
p
agree, under the terms of the settlemen
process, the City was able to obtain a nu
had been initially proposed. He said the
of the normal and usual things that must
did not address any issue or potential dish
lent agreement, which they approved at the last City
lity exposure for the City. The City did not formally
edural defects in its review of the requests. They did
to approve these three items. As part of the mediation
nber of additional conditions and protections over what
proval of this agreement tonight did not preclude any
o cur for these items such as final plat approval. It also
,u related to underlying ownership or control.
Mr. Knaak stated that in real estate developIpt
developers until the final approval and constrAc
the representations of the developer. The que
this parcel was expressly excluded by settleme
issue. The obligation remains with the develop
the City was expressly released under the terms
an adverse determination of the ownership ques
proposals, fee ownership was not required of
)n phase of the project. The City could rely on
n of the approval and support of the owners of
agreement. The City took no position on the
to secure the necessary ownership interest, and
this agreement from liability even if there was
11this
the developer.
Mr. Knaak stated the recommendation at thisme ing was to approve the three requests as
required by the terms of the settlement agreement. - addition, it was recommendedthat they
provide any additional directions that may be needefor staff on the remaining discretionary
matters. Finally, they could anticipate additional re i;
ended procedures to assure avoidance
of these types of technical issues that created these disc ties in the future.
Councilmember Bolkcom asked about the change in Stipuld\ion No. 3.
Mr. Hickok stated the same stipulation applied to all three ite s. Language was added and they
would answer any questions Council had. Staff agreed with the uggested language.
Mr. John Baker, Attorney for the League of Minnesota Cities Insurance Trust, stated the
particular language modified proposed Stipulation No. 3. The c ent language began with
"Petitioner shall identify ponding area and provide easements for storm water runoff and
r
CRY OF
FRIDLEY
Date:
To:
From:
Subject:
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 11, 2003
August 7, 2003
William Burns, City Manager4f
Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
2nd Reading of Ordinance To Declare A Certain Parcel Of City Owned Real
Estate Surplus And Authorize The Sale Thereof M-03-115
Jay Windschitl of Tradition Homes', Inc., new°owner of 55415 th Street, has requested that
the City approve a new ordinance declaring the property abutting his as excess and
authorizing sale of the parcel to Tradition Homes.
STAFF RECOMMENDATION
Staff recommends the Council hold the second reading of an ordinance to deem this
property excess and authorize the sale of this property to Tradition homes for
$1/square foot with the.following,conditions:
• Purchaser cover all filing fees associated with transaction.
• Purchaser provide a gbalrantee of.clean title.
• Parcel be combined with urchaser's existing property.
• Purchaser prepare a quit claim deed.
• Purchaser provide the -new legal description of the property to the City.
• City must approve architectural elevations of any buildings to be constructed on the
combination of lots prior to issuance of any building permits.
• The sale shall be effective by December 1, 2003.
AM AGENDA ITEM
ri CITY COUNCIL MEETING OF AUGUST 119 2003
CrrY OF
FRIDLEY
Date: August 7, 2003
To: William Burns, City Manager
1140
From: Scott Hickok, Community Development Director
Paul Bolin, Planning Coordinator
Stacy Stromberg, Planner
Subject: 2nd Reading of Ordinance To Repeal Ordinance #1175 M-03-114
INTRODUCTION
Tim Sylvester Builders, Inc., former owner of 55415 th Street, successfully sought to have
the City declare excess, an unused portion of City right of way (ROW) located immediately
south of his property. Tim Sylvester failed to meet the conditions for sale in the required
timeframe and recently sold the property at 55415 th Street to Tradition Homes. Tradition
Homes is seeking to purchase the portion of unused ROW previously declared excess. In
order for Tradition homes to move forward, the existing ordinance authorizing the sale of
the property to Tim Sylvester must be repealed.
STAFF RECOMMENDATION
Staff recommends the Council hold the second reading of an ordinance to repeal
Ordinance #1175, originally adopted March 24, 2003.
1
ORDINANCE NO. 1179
AN ORDINANCE UNDER SECTION 12.06 OF THE CITY TO REPEALING
ORDINANCE #1175 DECLARING CERTAIN REAL ESTATE TO BE EXCESS AND
AUTHORIZING THE SALE THEREOF.
SECTION 1. Ordinance #1175, adopted March 24, 2003 declared real property excess,
described as follows:
That part of Lots 25 and 26, Block 7, Hamiltons Addition to
Mechanicsville, Anoka County, Minnesota, lying Northerly of the
following described line:
Commencing at the Northeast comer of said lot 26;
Thence southerly along the east line of said Lot 26,
a distance of 46.50 feet to the point of beginning of the line to be
described: thence Northwesterly to a point on the westerly line lying 5.50
feet southerly of the Northwest comer of Lot 26 and said line there
terminating.
SECTION 2. The purchaser failed to effect the transaction in the required timeframe
and subsequently sold the property adjoining the City's.
SECTION 3. That Ordinance #1175 is hereby repealed.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
11TH DAY OF AUGUST, 2003.
ATTEST:
First Reading: July 28, 2003
Second Reading: August 11, 2003
Publication: August 21, 2003
ORDIi .-ILNCE NO. 1180
AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN
REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF.
SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley,
Anoka County, State of Minnesota, described as follows:
That part of Lots 25 and 26, Block 7, Hamiltons Addition to Mechanicsville,
Anoka County, Minnesota, lying Northerly of the following described line:
Commencing at the Northeast corner of said lot 26;
Thence southerly along the east line of said Lot 26,
a distance of 46.50 feet to the point of beginning of the line to be
described: thence Northwesterly to a point on the westerly line lying
5.50 feet southerly of the Northwest corner of Lot 26 and said line there
terminating.
SECTION 2. It is hereby determined by the City Council that the City no longer has any
reason to continue to own said property, and the City Council is hereby
authorized to sell or enter into a contract to sell said property.
SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts
and deeds to affect the sale of the above-described real estate, for $1/square foot,
to the adjacent property owner, with the following conditions:
• Purchaser cover all filing fees associated with transaction.
• Purchaser provide a guarantee of clean title.
• Parcel be combined with Purchaser's existing property.
• Purchaser prepare a quit claim deed.
• Purchaser provide the new legal description of the property to the City.
• City must approve architectural elevations of any buildings to be constructed
on the combination of lots prior to issuance of any building permits.
• The sale shall be effective by December 1, 2003.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH
DAY OF AUGUST, 2003.
SCOTTe. L — YOR
ATTEST:
DEIBRA A. SkOGEY CITY CLERK
First Reading: July 28, 2003
Second Reading: August 11, 2003
Publication: August 21, 2003
a
CITY OF FRIDLEY
CITY COUNCIL MEETING MINUTES
AUGUST 11, 2003
CALL TO ORDER:
The City Council meeting of August 11, was called to order by Mayor Lund at 7:32 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Lund led the Council and aud' nce in the Pledge of Allegiance to the Flag.
ROLL CALL:
Members Present: /Mad d
ember Barnette
ember Billings
ember Wolfe
member BolkcomOthers Present: Burns, City Manager
ickok, Community Development Director
kaas, Public Works Director
Pribyl, Finance Director/Treasurer
Knaak, City Attorney
PRESENTATION:
Mayor Lund prese ed a certificate of appreciation to Ms. Denise M. Letendre for her good work
as Council/Co ssion Recording Secretary. Mayor Lund introduced Ms. Kathy Fischer as the
new Council/Co 'ssion Recording Secretary.
APPROVAL F PROPOSED CONSENT AGENDA:
Councilmemyer Billings asked that Item No. 7, Estimates, be removed from the Consent Agenda
and placed o the Regular Agenda.
APPROM OF MINUTES
City Coihicil meeting minutes of July 14, 2003 were received and approved as written.
OLD BUSINESS:
1. ORDINANCE NO. 1179 UNDER SECTION 12.06 OF THE CITY CHARTER
REPEALING ORDINANCE NO. 1175 DECLARING CERTAIN REAL ESTATE
TO BE EXCESS AND AUTHORIZING THE SALE THEREOF (GENERALLY
LOCATED AT 5541 FIFTH STREET N.E. — WARD 1).
ADOPTED.
V
FRIDLEY CITY COUNCIL MEETING MINUTES OF AUGUST 11, 2003 PAGE 2
2. ORDINANCE NO. 1180 UNDER SECTION 12.06 OF THE CITY CHARTER
DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND
AUTHORIZING THE SALE THEREOF (GENERALLY LOCATED AT 5541
FIFTH STREET — WARD 1).
ADOPTED.
NEW BUSINESS:
3. RECEIVE THE MINUTES FROM THE PLANNING COMMISSION MEETING
OF &LY 16, 2003.
RECE VED.
4. ESTAB ISH A PUBLIC HEARING FOR SEPTEMBER 29, 2003, TO CONSIDER
REVOC TION OF SPECIAL USE PERMIT #01-06 TO DWAYNE AND DAWN
MYRVO D FOR A SECOND ACCESSORY STRUCTURE, GENERALLY
LOCATE AT 554 JANESVILLE STREET N.E. ARD 3):
SET A PUB IC HEARING FOR SEPTEMBER 29, 2003.
5. CLAIMS.
APPROVED PAYMENT OF CLAIM NOS. 112657 THROUGH 112878.
6. LICENSES:
APPROVED LICENSES AS SUBMITTED AND AS ON FILE.
MOTION made by Councilm mber Barnette, seconded by Councilmember Bolkcom, to approve
the proposed Consent Agenda tems as listed with the removal of Item No. 7, Estimates.
UPON A VOICE VOTE, L VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANI OUSLY.
ADOPTION OF AGENDA:
MOTION made by Councilmemberolkcom, seconded by Councilmember Wolfe, to adopt the
agenda with the addition of Item No. Estimates.
UPON A VOICE VOTE, ALL V TING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSL .
OPEN FORUM, VISITORS:
Ms. Ann Wallerstedt, Executive Director of Mediation Services, explained that Mediation
Services was an Anoka County agency that elped communities assist conflicting persons to
resolve their problems. The agency was funde by the Supreme Court, the State of Minnesota,
Sun S- 8 -aI'D3
City of Fridley
O=
Publication
ORDINANCE NO. 1180
AN ORDINANCE UNDER SECTION
12.08 OF THE CITY CHARTER
DECLARING CERTAIN REAL ESTATE
TO BE SURPLUS AND AUTHORIZING .
THE SALE THEREOF.
SECTION 1. The City of Fridley la the fee
owner of the tract of lend wltiln the City of
Fridley, Anoka gourty, State of Minnesota, ,
destxibed as tolbws:
That part of Lots 28 and 26, Block 7,
Hamiltons Addition to Mechanicsville, Anoka
Civ. Mhlesota. lying Northerly of the fol
lowing described Me:
Commencing at the Northeast comer of
saidlot 26;
Thence southerly along the east line of
said Lot 26,
a distance of 46.50 feet to the point of
beginning of the Me to be described: -thence
Northwesterly to a point on the westerly Ihre
firing 6.60 fast southerly of the Northwest cor-
ner of Lot 26 and said tine there terminaiing.
SECTION 2. It is hereby determined by
the City Council that the City no longer has
any reason to continue to own said property,
and the City Council Is hereby authorized to
sell or enter into a contract to sell said prop -
arty.
SECTION 3. The Mayor and City Clerk
are hereby authorized to sign the necessary
contracts and deeds -to affect the sale of the
above-described real estate, for $1/square
foot, to the adjacent property owner, with the
following condrdon6:
• Purchaser cover all filing fees.associated
with transaction.
• Purchaser provide a guarantee of clean
ttle.
• Parcel be combined with Purchaser's
existing property. -
• Purchaser prepare a quit claim deed.
•Purchaser provide the new legal descrip-
tion of the property to the City.
• City must approve architectural slave.
tions of any buildings to be constructed on
the combination of lots prior to Issuance of
anyhi � Garan b. effective by December
1, 2003.
PASSED AND ADOPTED BY THE CITY
COUNCIL OF THE CITY OF FRIDLEY THIS
11TH DAY OF AUGUST, 2003. -
SCOTT J. LUND - MAYOR -
ATTEST:
DEBRA A. SKOGEN CITY CLERK
�
Reading: July 28, 2003
Reading. August 11, 2003
Publication: August 21, 2003
(Aug 21, 2003)F210rd 1180
Sun Rzu5- X -d/-03
City of Fridley -
ORDINANCE N0.117g
AN ORDINANCE UNDER SECTION
1206 IF THE CITY TO REPEALING ORDI.
NANCE 01175 DECLARING CERTAIN
REAL ESTATE TO BE EXCESS AND
AUTHORIZING THE SALE THEREOF.
SECTION 1. Ordinance 01178, adopted
March 24, 2003 declared real property
excess, described as follows:
That part of Lots 25 and 26Block 7,
Hamiltons Addition to Mechard&;iile, Anoka
County, Minnesota, lying Northerly of the fol-,
lowing described line:
Commencing at the Northeast comer of
,aid'iot 26;
Thence southerly along the east One of
eaid-Lot 26,
a distance of ,46.60 feet to^the point of
beginning of the line to be described: thence
Northwasterly to a point on the westerly One
tying 6.60 feet southerly of the Northwest cor
j nor of Lot 26 and saidline there terminating..
SECTION. 2. The purchaser failed to effect
the transaction in the required timeframe and
subsequently sold the property, adjoining the
CWS.
SECTION 3: That Ordinance ff1175 is
hereby repealed.
PASSED AND ADOPTED BY THE CITY
COUNCIL OF THE CITY OF FRIDLEY THIS
11TH DAY OF AUGUST, 2003.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. 3KOGEN — CITY CLERK
First Reading; duly 28, 2003
Second Reading: August 11, 2003
PubUcation: August 21, 2003
(Aug 21, 2003)F2/Ord 1178