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08/10/1981 - 5300OFFICIAL CITY COUNCIL AGENDA PUBLIC HEARING MEETING AUGUST 10, 1981 FRIDLEY CITY COUNCIL 1�EETING ' PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DA7E: August i0, 1981 I ; � � I NAME ADDRESS � ITEM NUMaER . _______________________________________________� __,___-__- � � ____-____-___ =�_--__,� �___ � � �� o�+� � �.x�GS �ar�- ► � , 0 0 fi � FRIDLEY CITY COUNC I L E ' � Pi�Ri ir. NEARi��G �MEETI�JG - AUGUST 10, 1981 - 7:3.o P, h1. . MEC �0 i 0: DEPART��ENT HEAnS FOLL0IVI NG ARF 7HE ��ACTIONS t�EEDED" � PLEASE HAVE YOUR AP�S4v�RS BACK I N Tl;� CITY MAN/�GER� S OFF I CE BY THE %jEDNESDAY LEFORc THi: NEXT REGULAR COUNCIL MEETING� THANK YOtJ. � ,�y� �y�i) �� I ADOPT I ON OF AGEfVDA : � �M.._�!�` I� PUBLIC WORKS PUBLIC WORKSI fINANCE Adopted as presented PUBLIC HEARINGS: PUBLIC HEARING ON WATER AND SANITARY SEWER PROJECT ��0. 134, HEATHER yIl.LS WEST. . � � . . . : . � � . � . . 1 - 1 � Opened 7:36 P.M. Closed 8:30 P.M. ACTION NEEDED: Prepare resolution ordering improvement fqr Council consideration PUBLIC HEARING ON VACATION REQUEST, SAV #SI-OZ, PETI- TION I�O. 3-1981, TO VACATE ALLEY EASEMENT,. EAST SIDE OF EAST RIVER ROAD BETWEEN 61� AND 6ZND WAY. ��..�. Z- Z D Hearing opened at 8:30. Closed at 8:32. Vacation fee ta be waived when item before Council ACTION NEEDED: Prepare ordinance for Council consideration, waiving fee. PUBLIC HEARING ON PROPOSED PROJECT FOR ISSUANCE OF �4,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS TO WINFIELD DEVELOPMENTS, INC. UNDER THE MINNESOTA � � . MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, P�1NNESOTA STATUTES, CHAPTER 4%4 � � � � . . � . . . . � � . . � � . � 3 Hearing opened at 8:33 P.M. Closed at 8:50 P.M. -• RESOLUTION No. 83-198i adopte,d SEE ITEM #8 . FINANCE �CITY MANAGER PUBLIC �JORKS I�ITY MANAGER PUBLIC HEARINGS (CoNTiNUED) PUBLIC HEARING ON PROPOSED PROJECT FOR ISSUANCE 0� $I,ZSO,OOO INDUSTRIAL DEVELOPMENT REVENUE BONDS TO WWH PROPERTIES UNDER THE MINNESOTA MUNICIPAL INDUS- TRIAL DEVELOPMENT ACT, MINNESOTA STATUTES, CHAPTER 4%4 � � . � � � � � � � � � � � � � � � � . � Hearing opened at 8:50 P.M. Closed at 8:52 P.M. RESOLUTION No. 84-1981 ADOPTED SEE ITEh1 N0. 9 OLD BUSINESS; „ 4 CONSIDERAI"ION OF SECOND READING OF AN ORDINANCE ESTABLISHING CHAPTER 2I7 OF THE FR'IDLEY CITY CODE ENTITLED ��CONVERSION CONDOMINIUM" LICENSING� �� 5- 5 B Ordinance No. 738 adopted on second reading. Administration to send letter to the League advising of City's concern on condominiums ACTION NEEDED: Publish ordinance ACTION NEEDED: Draft letter to Association of Metropolitan Municipa�it�es expressing Council's concern for having more control on condo conversions by the City (for City htanager's signature) CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING CHAPTER ZO5 OF THE FRIDLEY CITY CODE CON- CERNING DOUBLE BUNGALOWS IN THE R-1 ZONE BY 1�ELETING SECTIONS 205.051-3D AND 205.054-2C AND CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER ZO5 OF THE FRIDLEY CITY CODE, CONCERNING APARTMENTS IN THE R-1 ZONE BY p►DDI7ION PARAGRAPH ZO5,051,5� �� 6- 6 A Ordinance No. 736 Amendint Chapter 205 concerning Double Bungalows was adopted. Ordinance regarding apartments in R-1 zone was tabled to a later date ACTION NEEDED: Publish ordinance. Bring other ordinance back when directed by City Council PUBLIC PUBLIC WORKS PUBLIC HEARING, AUGUST IO P�EW BUSI�IESS: RECEIVING THE MINUTES OF THE MINUTES OF Ju�Y 29, 1951� �� PLANNING COMMISSION � � � � � � � � � � � � � I� 7 - 7 0 A. Consideration of Truck Parking in Residential Districts.. 7- 7A Planning Commission Recommendation: Deletion of Section & 7D-7H 506.04 of Ordinance and a change to Section 506.122 Council Action Needed: Consideration of recorr�nendation Staff to bring back item with more background material ACTION NEEDED: Prepare more information on this item for Council's considerati B. From Appeals Commission Minutes of July 14, 19$1 Consideration of Request for Variances to Reduce Distance Between Signs, and Reduce Distance from Residential Area to Allow Construction of 49'x14' Billboard, Holiday Store Parking Lot, 5591 Main St., Nancy Jorgensen, Naegele Outdoor Advertising Company:........ . .. ............... 7I- 7L Appeals Commission Recommendation: Denial�of request & 7M- 70 Council Action Needed: Consideration of recorrmendation Request for variances denied ACTION NEEDED: Inform Petitioner of Council denial CONSIDERATION OF A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT WITH WINFIELD DEVELOPMENTS, INC� UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, GIVING PRELIMINARY APPROVAL FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVtNi1E BONDS TO FINANCE THE PROJECT, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF I��1NNESOTA AND AUTNORIZING THE PREPARATION OF �JECESSARY DOCUMENTS� � � � . . � � � � S — a C Resolution No. 83-1981 adopted subject to City receiving letter of credit ACTION NEEDED: Inform Winfield Developments, Inc. of Council preliminary approval subject to the stipulation that the City receive a 7etter of credit from a banking institution that meets with the City's approval. � I, PUBLIC HEARING, AUGUST IO, 1��1 ��E� BU$I�E$$ �CONTINUED) CONSIDERATION OF A RESOL�TION RECITING A PROPOSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMENT PR�JECT, GIVING PRELIMINARY APPROVAL TO THE PROJECT PURSUANT TO THE �INNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATIO�J FQR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF h�1NNESOTA AND AUTHORIZING THE PREPARATION OF i�ECESSARY DOCUMENTS AND I�IATERIALS - IN �ONNECTION WITH SAID PROJECT ��'��H)� � � � � � � � . 9 - 9 D Resolution No. 84-1981 adopted �INANCE ACTION NEEDED: Inform WWH of Council's preliminary approval IUBLIC WORKS CONSIDERATION OF A RESOLUTION REQUESTING 1950-�1 LOCAL PLANNING ASSISTANCE GRANT FUiVDS� �� IO - IO B Resolution No. 85-198] adopted ACTION NEEDED: Proceed with requesting grant funds CONSIDERATION OF A RESOLUTION TO �INDOT REQUESTING STATE AID FOR EAS1' RIVER ROAD IMPROVEMENT� .��, 11 - 11 A Resolution No. 86-1981 adopted 'UBLIC WORKS ACTION NEEDED: Proceed with requesting State Aid CONSIDERATION OF LETTER�OF AGREEMENT WITH P�1DWEST PRINTING COMPANY REGARDING I��ELL� � � � � � � � � . � � IZ Letter of agreement approved 'UBLIC WORKS ACTION NEEDED: Have agreement executed �LAIMS� � � � � � � � � � � � � � . � � . � . . . � . 13 Approved :ENTRAL SERV. ACTION NEEDED: Pay claims ADJOURiV: 9:35 P.M. � I" �°' , ' FRIDLEY CITY COUNC I L PUBLIC HEARI►�G MEETI�JG - AUGUST 10, 1981 - 7:30 P. P1, PLEDGE OF ALLEG I A�i CE : ADOPTIO� OF AGENDA: PUBLIC HEARINGS: PUBLIC HEARING ON WATER AND SANITARY SEWER PROJECT ��0 . 134, HEATHER H I LLS WEST � � � � � � � : � � � � � � , 1 - 1 C PUBLI.0 HEARING ON VACATION REQUEST, SAV #81-OZ, PETI- TION I�O� 3-1981, TO VACATE ALLEY EASEMENT,. EAST SIDE OF EAST RIVER ROAD BETWEEN 61'� AND 6ZND WAY� �� 2' Z J� PUBLIC HEARING ON PROPOSED PROJECT FOR ISSUANCE OF $4,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS TO WINFIELD DEVELOPMENTS, INC. UNDER THE MINNESOTA � MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, P�1NNESOTA STATUTES, CHAPTER 4�� . . � � � . � � . . . . � , , , 3 PUBLIC HEARINGS (CoNTiNUEn) PUBLIC HEARING ON PROPOSED PROJECT FOR ISSUANCE OF $1,250,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS TO WWH PROPERTIES UNDER THE MINNESOTA MUNICIPAL INDUS- TRIAL DEVELOPMENT ACT, MINNESOTA STATUTES, CHAPTER 4�� . � � � � � � � � � � � � . � � . � � � � 4 OLD BUS I idESS : CONSIDERAT�ION OF SECOND READING OF AN ORDINANCE ESTABLISHING CHAPTER 21% OF THE FR`IDLEY CITY CODE ENTITLED ��ONVERSION �ONDOMINIi1M�� ICENSING� �� 5- 5 B CONSIDERATION OF SECOND READING OF AN ORDINANCE AMENDING CHAPTER ZO5 OF THE FRIDLEY CITY CODE CON- CERNING DOUBLE BUNGALOWS IN THE R-1 ZONE BY DELETING SECTIONS 205.051-3D aND 205,054-2C AND CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER ZO5 OF THE FRIDLEY CITY CODE, CONCERNING APARTMENTS IN THE R-1 ZONE BY ADDITION PARAGRAPH ZO5�051,5� �.�� 6- 6 A PUBLIC HEARING, AUGUST IO P�EW BUS I �IESS : � RECEIVING THE MINUTES OF THE PLANNING COMMISSION MINUTES OF �ULY 29, 1981, , , , , , , , , , , , , , , , 7 - 7 0 A. Consideration of Truck Parking in Residential Districts.. 7- 7A Planning Commission Recommendation: Deletion of Section & 7D-7H 506.04 of Ordinance and a change to Section 506.122 Council Action Needed: Consideration of recommendation 6. From Appeals Corranission Minutes of July 14, 1981 Consideration of Request for Variances to Reduce Distance Between Signs, and Reduce Distance from Residential Area to Allow Construction of 49'x14' Biliboard, Hoiiday Store Parking Lot, 5591 Main St., Nancy Jorgensen, Naegele Outdoor Advertising Company... ...... ... ............... 7I- 7L Appeals Commission Recommendation: Denial of�request & 7M - 70 Council Action Needed: Consideration of recomnendation CONSIDERATION OF A RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT WITH WINFIELD DEVELOPMENTS, INC� UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, GIVING PRELIMINARY APPROVAL FOR THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVtNiJE BONDS TO FINANCE THE PROJECT, AUTHORIZING THE SUBMISSION Or AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECt1RITIES OF THE STATE OF �'�1NNESOTA AND AUTHORIZING THE PREPARATION OF iJECESSARY DOCUMENTS� � , � . . . � � . g ' � C PUBLIC HEARING, AUGUST �iE� BUSINESS �CONTINUED) PAGE CONSIDERATION OF A RESOLUTION RECITING A PROPOSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL 70 THE PROJECT PURSUANT TO THE �MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTHORIZING THE SUBMISSION OF AN APPLICATIO�J FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF h�1NNESOTA AND AUTHORIZING THE PREPARATION OF i�ECESSARY DOCiJMENTS AND I�IATERIALS - IN CONNECTION WITH $AID PROJECT �%�I�H)� � � � � � � � � 9 - g D CONSIDERATION OF A RESOLUTION REQUESTING 19�0-�1 LOCAL PLANNING ASSISTANCE GRANT FUiVDS, �� IO - IO B CONSIDERATION OF A RESOLUTION TO MNDOT REQUESTING STATE AID FOR EAST RIVER ROAD IMPROVEMENT� �� 11 - 11 A � CONSIDERATION OF LETTER OF AGREEMENT WITH PIIDWEST PRINTING COMPANY REGARDING %�ELL� � � � � � . � � � � . IZ �LAIMS� � � � � � � � � � � � � � � � � � � � � � � � 13 ADJOURiV : Page 2-- RESOLUTION N0. �- 1981 EXHIBI7 "A" 1 OFFICIAL PUBLTCATIGN CITY OF FRIDLEY NOTICE OF HEARING ON IMPROVEMENTS WATER, SANITARY SEWER AND STORM SEWER PROJECT N0. 134 WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesot a, has deemed it expedient to receive evidence pertaini�g to the improvements hereinafter described. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the lOth day of August 1981 at 7:30 o'clock P.M, the City Council will meet at the City Hall in said City, and will at said time and place hear all parties interested in said improvements iR whole or part. The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: CONSTRUCTION ITEM Watermains and Services, Sanitary Sewer Laterais and Services, and Storm Sewer and Related Appurtenances located on the following plats: Heather Hills West 6175 Central Avenue ESTINWTEO CQST . . . : . . . . . . . . . . . . . . . . . . . . �94,978.00 THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID IMPROYEMEN7 IS AS FOLLOWS: For Construction Item above ---------------------------------- " " " " All of the land abutting upon said streets named above and all lands within, adjacent and abutting thereto. All of said land to be assessed proportionately according to the benefits received by such improvement. That should the Council proceed with said improvements, they will consider each improvement separate, except as hereafter otherwise provided by the Council all under the following authority, to-wit: Minnesota Statutes 1961, Chapter 429 and laws amendatory thereof, and in conformity with the City Chnrter. DATED THIS y�}� DAY OF �j,y�, ]98], BY ORDER OF THE CITY COUNC IL. WILLIAM J. NEE - MAYOR Publish: July 22, 1981 Ju ly 29 1981 August �, 1981 ^ N 0 Pro�ect No. i34 ,� ,�,,,� PS #81-02 �___.�_ , _ ,�__ Thomas Brickner �� ..,..,..�.. •w�iNf� N�Irf1tM [��! i��1 f 4 M�wOC C� • STREET MA.P-CITY OF FRIDLEY - 1 � : — :.��. �..d,�.l�.os. Project No. 134 , ��'';�----..._ �,.._ i . . ,...,. . _ _ �.. .. � � ----•r--": �' . ,...^- -------- -� • ;; L 4 ? 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'. � t' _.''_ ..` ^' _ --f�-� - r •• i ! j � e-�"�40 1 �w^._.. +%1r.. � +Y ir Yr�R •,b, Y �a _ �� PUBLIC HEARING BEFORE THE CITY COUNCIL NOTICE is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, August 10, 1981 in the Council Charr�er at 7:30 P.M. for the purpose of: Consideration of a Vacation Reqeust, SAV #`F1-!'?. by Petition #3-1981, to vacate the 12 foot easement in Block 19, Fridley Park, located in the South Half of Section 15, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located between 61 1/2 and 62nd Way N.E., on the East side of East River Road. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. Publish: July 22, 1981 July 29, 1981 a WIL�IAM J. NEE MAYOR SAV #81-02 Pet. #3-1981 2 ^ N 3 �U�ME L __ � L— �� T ,.,./ o (- � �,.�os � . .. �— ,. . , ,».:... ��`� , � -��c.... , ) I L � • LoCO �or pyr�Hn I�NM W F. i � Q � > � 0 � � � � �: : i • � C � � � � �nn�l_: � �� . r �•M..�+. � N � 2 �•'�� 7 Nn N. � i`�� I � � � � � ! �1 CQ �%1 - � 1�►IM C0. In � " MMIE�rOL�S [ n 1 — � � S11V #81-02 . PETITION 3-1981 BLOCK 19, FRIDLEY PAR K $MING Ll1cE PM1f 35 S ;.�� JU ' � � � ' .�°�� ,.. g �� 81 �0 M; �� ,��r. � ,��.�., � ., r � � AwMr Cwl � �� Ihnw�i ��-�=`., .�,_ � ,� � e` • e s I w �! ♦ p• �� r � �Mt�l��. •I I ��'� • � I� _ \ i �rt [ � �� r---- — �. � � � s+' �� . � _ � rw.. � �� C � i M E � u.. <`N �� L� d �"L�� r ��, �� ; . . � � ,. �.n' � --� �1Q,1.......�:. � �: f�](� �—� �.� ....�...... c9i � i �� i�,p'�h f�� «...<. n w.» n. //�� •L qlh� LH � a � �K�Ifp10 � L.) 1 � ��— �. _^v� � � !R J � 1 4 � � •wr�eRt+w \ V �wMSNM a OwM[�!M C�� [ Wj � �� !,`� N �KOC��C�M .: .:.. 'S �n/�n�1�� , COUMNI� � L 11EIGM75 STREET MA.P-CITY OF FRI DLEY o �,saa s,sss 1 f . � '�` ' .� � � � '; .� _, , . . , ,� ., �,� a _ .- , - �� . . , � t�. r 1�� -rs.:-�►iiil� . � i� j �� t��i��'��LL� :.��-'�� .t,,�. .� rt � , � R - � �` I � �� . � � �' . �r .�.1 .. ► \ � � � �� • � i,� 4�;,. . + � , ., �- ,� �t � � 1��.� � - .�.., � �, , , �, . �: _, � J r� �� ` `u Tt s� ` f :, _ �� « pp�t�� 1�T ' ` .r� ��. -.. �., ,� • ,'� �� • f� « ��I � .. .. �.�- � � � �, '!' �~� - � � � � ,.._._ _f . � � �;�'. � + � �w � � N . �. t _� . _�_ __�_ - -, - - - ��! ��l� � . �! . � �� . � r � . �._ .,..,._,,...b,. � � � � y ^ �� ; r�.�� i � ' ��.. 'f � r� � r � �� 1� ( �� . . ��r�, j ►�- �-� � . a� ��t�r� ��. �...�..��. a.�.� �i � � `��;� T \ 1` � \ ` ' �` � � /._� �;� � �`+,� a'�\"NV; �• �� '�_�.. ♦ a �1�� ' l�:�a� ' r � � ,! �� , �::�� i+\�\��1 � .',�.� �� • 4\` -�I/I I/l/I�II, '1I •IrI♦ M\��fl � � � � � ` � � � � ��i � E � ..r��,�,;,i� -s- �� __ � . f � � CITY OF FRIDLEY PETITION COVER SHEET Petition No. 3-1981 Date Received June 2, 1981 � Object Request to vacate alley easement in Block 19, �c Park Addition, Lots 3 through 23. petition Checked By �� Date C�a-�5�� Percent Signing »�� Referred to City Council • Disposition 2C 2D .. � . ' � We, the undersigned, request the City to vacate the alley easement in Block 19, � e Park, Lots 3 through 23. We understand on this request, the City wil] waive the normal feeaof�$i25.00eonnth00�requestent ��. � � �/ � • � I / � � � '� y�l� � �'%l-� „e.��'_ f; � ' `�'� � - � � m� f 1 r /�/� • /� � �-, - � , � 1 f� Q`��`�{ ADDRESS - % / 7 7 %��-c�c.�„�� J �i1.�.%�r '�%l.� 7 � Y �( G�1,,,,.�.�,,,, �ss-y.� FRiD�E ��-� \ , Y .�'.s Y : 6/0/ � ` ��-e�. ��, ��"� .�:�� y 3 C, �o .3 . �t`� /� ,, �. �� F�� d%� 5�s'S�� Z �n 0 — �' ��, �f ,=.,� �' � , 55�3 � � � a .s � , - G� V' S s y �� ; --; - . �- - i �! _ . 3 (Official Publicationj ��OTICE OF PUBLIC HEARING ON IMDUSTRIAL DEVELOPMENT PROJECT ON BEHALF OF THE WINFIELD DEVELOPMEN7S, INC. NOTICE IS HEREBY GIYEN that a public hearing shall be conducted by the City Council of the City of Fridiey, Minnesota on an industrial development project proposed to be undertaken by the City and the Winfield Developments, Inc., a Minnesota corporation (the "Company"), at the City Hall in said City on Monday, the 1Qth day af August, 1981 at 7:30 o'clock p.m. The project is proposed to consist generally of the construction of an office/warehouse/service building in the City of Fridley, Minnesota. Under the proposal, up to approximately �4,0OO,OQO.QO in principal nmount of Industrial Development Revenue Bonds of the City of Fridley will be issued to finance the project. A draft copy of the proposed Application to the Minnesota Cortmissioner of Securities for the project, together will all attachments and exhibits thereto, shall be available for public inspection following this publication of notice in the office of the City Clerk of the City of Fr�dley, 6431 University Avenue N.E., Fridley, Minnesota 55431, Monday through Friday, except legal holidays, from 8:00 o'clock a.m. to 5:00 o'clock p.m. to and including the date of hearing. Dated July 20 , 1981. SY 4RDER OF THE CITY COUNCIL S QNEY C. INMAN, CI7Y CLERK Publish: July 22, 1981 4 NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR AN INDUSTRIAL FACILITIES DEVELOPMENT PROJECT WWH PROPERTIES To whom it may concern: Notice if hezeby given that the City Council of the City of Fridley, Minnesota will meet at the Civic Center in the City of Fridley, Minnesota at 7:30 o'clock p.m. on August 10, 1981, to consider the.proposal of�WWH Properties, a Minnesota general partnership, that the City assist in financing a project hereinafter described by the issuance of industrial development revenue bonds. Description of Project The acquisition of land and the construction equipping of a 48,000 square foot industrial building to be located on Lot 12, Block 1 in Paco Industrial Park. and the The estimated principal amount of bonds or other obligations to be issued to finance this project is $1,250,000. Said bonds or other obligations�'if and when issued � will not constitute a charge, lien or�encumbrance upon any property of the City except the project and such bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid by WWH Properties pursuant to a revenue agreement. A draft copy of the proposed application to the Commissioner of Securities, State of Minnesota, for approval. of the project, together wi�tii all attachments and exhibits thereto, is available for public inspection beginning July 20, 1981, from $:00 o'clock a.m. to 5:00 o'clock p.m., Monday through Friday, in the office of th— e ty Manager. At the time and place fixed for said Public Hearing, the City Council of the City of Fridley will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this 20 th day of July, 1981. BY ORDER OF 7HE CITY COUNCIL SIDNEY C. INMAN, CITY CLERK City of Fridley Publish: July 22, 1981 5 ORDINANCE N0. AN ORDINANCE ESTABLISHING CHAPTER 217 OF FRIDLEY CITY CODE ENTITLED "CONVERSION CONDOMINIUM" LICENSING 217.01. Purpose The Council of the City of Fridley deems that it is in the interest and promotion of the health, safety and general welfare of the residents of the City of Fridley that the owner(s) of a muitiple dwelling intending to convert to condominium units, register the intent with the City before such a conversion is initiated. 217.02. Definitions Far the purposes of this chapter, except where the context indicates otherwise, the following words mean: 1. Condominium: A multiple dwelling in which portions are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of these portions. A multiple dwelling is not a condominium unless the undivided intere sts in the common elements are vested in the unit own er s . 2. Conversion Condominium: A multiple dwelling which has been converted from rental units to ownership units in accordance with the Uniform Condominium Act (CH. 582 - 1980 session). 3. Dwelling Unit: A single unit providing complete independent living facilities for one or more persons including perm anent provisions for living, sleeping, eating, cooking and sanitation. 4. Multiple Dwelling: Any building or structure containing therein two or more dwelling units whether used solely or exclusively for residential purposes_ ��/��iY�¢�`�►�� 5. Owner: The person or body having an interest in a multiple dwelling as a fee owner or subordinate interest with the right to exercise control and management of the premises. PURPO SE DEFINITIONS 2i7.03. Registration REGISTRATION At least 60 days prior to the conversion notice given to the tenants, the owner of a multiple dwelling in the City of Fridley shal 1 f i le with the Ci ty a cert if icate of regi stratior� on a form provided by the City. At that time, the owner shall also file there with an application f or license from the City and pay the license fee. Page 2 -- ORDINANCE N0. 217.04. Certificate of Registration, License, and Fees A certificate of registration shall be required of any owner of a multiple dwelling located within the City of Fridley who intends to convert such a building to condominiums. The license fee shall be provided in Chapter 11 of this code. This section does not exempt an owners association from obtaining the annual multiple dwelling license as set forth in Chapter 220 of the Fridley City Code. 217.05. Application Certificate of registration and application for a conversion condominium license shall contain the foliowing infarmation: 1. Description of ground are a by street number and legal description. 2. Size of the building. 3. Number of stories and height in feet/meters. 4. Total floor area of the building. 5. Floor plans of proposed modifications. 6. Number of dwelling units in the condominium. 7. Tota1 area provided on premises for off street parking. 8. A certification by the owner that the building is not in violation of the provisions as set forth in Chapter 220 of the Fridley City Co de. 9. The name and address of the individual to which any notice or order re specting the premises may be served or given during the conversion. 217.06. Condition of Denial The City may adopt an ordinance to tleny a conversion conoominium license if there exists within the City a significant shortage of suitable rental dwellings available to low and moderate income individuals or families or to establish or maintain the City's e Ligibility for any federal or state program providing direct or indirect financial assistance for housing to the City. The adoption of the said ordinance shall comply with the provisions as set forth by M.S. 515 A. 1-106 of the tlniform Condominium Act (Ch. 582-1980 session) 5A CERTIFICAtE OF REGISTRATION LI CENSE, AND FEES AP PL I CAT ION CONDITION OF DENIAL Page 3 -- ORDINANCE N0. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1981. ATT EST: MAYOR - WILLIAM J. NEE CITY CLERK - SIDNEY C. INMAN First Reading: Second Read i ng : Publ ish: a 0014A/0974A Em .. �� u ORDINANCE N0. AN ORDINANCE At� NDING CHAPTER 205 OF THE FRIDLEY CITY CODE CONCERNING DOUBLE BUNGALOWS IN THE R-1 ZONE BY DELE7ING SECTIONS 205.051-3D and 205.054-2C The Council of the City of Fridley do ordain as follows: Delete paragraph 205.051-3D "Double bungalows� but additionaliy a concurring vote of 4/5ths of the Council shali be required for Council to issue such special use permit." Delete paragraph 205.054-2C "In double bungalows, the minimum total first floor area shall be 1400 square feet and the minimum ]iving area of any unit shall be 650 square feet exclusive of accessory buildings or an attached garage." PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 20th DAY OF July , 1981. LL AM J. N E- YOR ATTEST: ITY CLE K- I . IN N Public Hearing: June 8, 1981 First Reading: J�ly t,�F ta8� Second Read9ng: Publish: e 0014A/1361A � ORDINANCE N0. AN ORDINANCE AN�NDING CHAPTER 205 OF THE FRIDLEY CI7Y CODE, CONCERNING APARTMENTS IN THE R-1 ZONE BY ADDING PARAGRAPH 2O5.051, 5 The Council of the City of Fridley do ordain as follows: Add to paragraph 205.051: 5. Apartment Flat Use A. An Apartment Flat may be authorized by the City Council after a public hearing by the Planning Cortmission with mailed notice to all property owners within 200 feet of the property affected, and if the following minimum criteria are satisfied: 1) The Apartment Flat provides complete provisions for living, sleeping, eating, cooking and sanitation. 2) The primary dwelling unit is owner occupied. 3) The Apartment Flat is occupied by blood relatives. (The Apartment Flat is rented to no more than two (2) persons). 4) The floor area of the primary dwelling unit is not reduced below the allowable square footage and the minimum Apartment Flat is 600 square feet. 5) The minimum lot size is 10,000 square feet. 6) Off street parking beyond the f ront yard set back area, provides for a minimum of four (4j vehicles. 7) The Apartment Flat uses the same entry, address, water meter, gas meter and electric meter as the primary dwelling unit. 8) The Apartment Flat satisfies the City Building and Fire Codes. B. An Apartment Flat license fee of =175.00 is required upon application for authorization. Relicensing is required upon change of primary dwelling unit ownership. C. The provisions of Chapter 220, Residential Maintenance Code will apply to the Apartment Flat in ali cases. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY pF _ , 1981. ATTEST: 1426A/0156A WILLI M . E - YOR 6� 7 CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 29, 1981 CALL TO ORDER: Chairman Harris called the July 29, 1981, Planning Comnission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Mr. Harris, Ms, van Dan, Mr. Svanda, Ms. Gabel, Mr. Oquist, Mr. Kondrick, Mr. Saba Members Absent: None Others Present: Jerrold Boardman, City Planner APPROVAL OF JULY 8, 1981, PLANNING COMMISSI4N MINUTES: l�TION BY 1►IR. OQUIST, SECONDED BY MS. GABEL, TO APPROVE TXE JULY 8� 198I� PLANNING CONNISSION MINUTES AS WRITTEN. UPON A YOICE VOTE, ALL VOTING A1'E, CBAIRMAN XARRIS DECLARED THE 1NOTIDN CARRIED UNANIAlOUSLY . ; 1. TRUCK PARKING IN RESIDENTIAL DISTRICTS: Mr. Boardman stated this issue was brought up at City Council and was sent down to Planning Comnission from the City Council. He stated there is the question of whether the current ordinance on truck parking is a satisfactory ordinance. He stated the Planning Conmission had a copy of a memo from Jim Hill regarding a survey of truck ordinances in other suburbs. Mr. Boardman stated that Fridley's ord., Sec.506.04,states: "It is unlawful for any person, firm or corporation owning, driving, or in charge of any bus, motor truck, truck, tractor, or comnercial vehicle to cause it to be parked or stand longer than 24 hrs. in any residential district." Mr. Boardman stated they have trouble enforcing this ordinance because if the vef�icle is moved even five feet, it, in effect, extends the time limit for another 24 hrs. Mr. Boardman stated that ordinance, Sec. 506.122, states: "No person shall park or �eave standing a commercial vehicle, whether attended or unattended, having a gross weight of more than 13,000 pounds upon the public streets in any residential district for a period of time longer than four hours, unless in the process of loading or unloading and then only for such period of time necessary to load or unload." 7A PLANNING COMMISSION MEETING JULY 29, 1981 PAGE 2 Mr. Harris stated he did not think they should allow truck parking of any truck over 13,000 pounds on residential streets. The residential streets are not built for truck parking. Mr. Kondrick stated that truck parking on residential streets is also dangerous. Children have a way of darting out from behind those trucks and are in the middle of the street before the motorist sees them. NOTION BY 1NR. SABA, SECONDED BY 1�. KONDRICK, TO RECOMMEND TO CITY COUNCIL THE DELETION OF SECTION 506.04 AND T�0 RECOI�lMEND THE FOLLOWING ORDINANCE CXANGE TO SECTION 506.122: 506.122 RESIDENTIAL PARKING: (8) NO PERSON SXALL PARK OR LEAVE S2ANDING A COM1►�RCIAL VEHICLE, WXETXER ATTENDED OR UNATTENDED, BAVING A GROSS WEIGAT OF MORE TXAN 13�000 POUNAS, UPON TXE PDBLIC STRB�TS IN ANY RESID�NTIAL DISTRICT OR ON PRIVATE PROPERTY IN ANY RESIDENTIAL DISTRICT UNLESS IN THE PROCESS OF LDADING OR UNLOADING AND TiIEN ONLY FOR SUCH A PERIOD OF TIME NECESSARY TO IAAD OR UNLOAD. (b) RECREATIONAL VEXICLES CANNOT BE PARKED ON PUBLIC STREETS AT ANY TIME. UPON A VOICE VOTE, ALL VOTING AYE, CAAIRXAN HARRIS �CLARED TXE MOTION CARRIED UNANIMOUSLY. 2. RECEIVE JULY 14, 1981, APPEALS CONArIISSION MINUTES: MOTION BY MS. GABEL, SECONDED BY J►B2. OQUIST, TO RECEIVE TXE JULY 14, 1981, AppBAIS COMMISSION 1HINUTES. Mr. Boardman stated the two items listed in the agenda, especially the request by Naegele for variances to allow the construction of a billboard by Holiday Vi]lage, were brought to the Planning Comnission's attention so they were aware that these two items had been before the Appeals Conmission. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRMAN XARRIS DECLARED TXE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE JULY 16 1981 HUMAN RESOURCES COMMISSION MINUTES: lIIOTION 8Y 1�5. VAN DAN� SECONDED BY �t. SABA, TO RECEIVE TXE JULY 16, 1981� 8U11lA1V RESOURCES COMFlISSIDN AdINUTES. Mr. Harris stated that on page 5, Ms. van Dan has stated that the Alexandra House was_requesting an extension of the $2,500 grant received from the City of Frid]ey to be used for the development of a slide show in 1982. He stated he specifically remembered that when the request for these funding proposals came before the Planning Comnission, the Planning Comni.ssion_ specifi.cally requested that the �2,500 be used for staffing and for operations, but that it not be used for media. As he remembered, the Planning Comnission did not feel that the development of a slide show was a proper use of public funds. � PLANNING COMNIISSION MEETING, JULY 29, 1981 _ PAGE 3 Mr, Boardman stated he believed the City Council approved the $2,500 to the Alexandra House with no strings attached. Mr. Harris stated that Staff should check with City Council regarding this grant. If there were any strings attached, then Alexandra House should be asked to return that grant. i7PON A VOICE VOTE, ALL VOTING AYE� CIiAZRMAN 9ARRIS DECLARED TXE 1NOTIDN CARRIED UNANIMOUSLY. 4. RECEIVE Jl1LY 15, 1981, PARKS & RECREATION COMMISSION MINUTES: 1�lOTION BY MR. KONDRICK, SECONDED BY 1�II2. SABA, TO RECEIVE THE JULY 15� 198Z, PARKS & ��_ RECREATIDN 1NINUTES. Mr. Kondrick stated the Planning Comnission should note the change in meeting dates. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRMAN HARRIS �CLARED TXE MOTIDN CARRIED UNANIJIlOUSLY . 5. OTHER BUSINESS: �. Anoka County's Operation on Residential Streets on the East River Road Project: Mr. Harris stated the County's management of that operation is an abomination. He has talked to the project engineer and it has not done any good. He stated the County is leaving dangerous situations overnight with construction trucks parked overnight on narrow residen- tial streets, leaving excavations unbarricaded, and excavations' spoil on people's lawns. Mr. Harris stated his on]y alternative is to go before the County Board. He stated he had brought this to the Planning Conmission's attention so they were aware of his intentions. He stated he would appear before the County Board as a private citizen and not as a member of the City of Fridley Plann3ng Comnission. b. Cancellation of Next Planning Comnission Meeting: Mr. Boardman stated he had no agenda items for the August 5 Planning Commission meeting and would recommend it be cancelled. - MOTION BY MR. OQUIST� SECONDED BY 1�. SABA� TD CANCEL TXE AUG. 5 PLANNING COM1�lISSION 1NEETING. UPON A VOICE VOTS, ALL VOTING AYE, CXAIRl�AN XARRIS DECLARED TXE MOTION CARRIED UNANIMOUSLY. PLANNING COMMISSION MEETING JULY 29 1981 PAGE 4 ADJOURNMENT: 1110TION BY 11Q2 . OQUIST , SECONDED yoz�E ALL VOTING AYE, CiIAIRMAN G�01�lMISSION 1�ETING AA70URNED A Res ectfully submitted, yneSaa Recording Secretary 0 BY 1►IIi. SABA, Z�D AA70URN THE MEETING. UPON A VOICE IYARRIS DECLARED THE JULY 29, 1981, PLANNING : T 8:47 P.M. 7C _ � . . .. � . _ -. � - 7D' TME CITY � . �IAECTOAATE � -�F -.�, -��PLJBLIC '�IVORKS ��. . . �s. � .. S ; �; tv yATE � -� M . iiOM D.P.W; �rUBJECT � Truck �ar�cing in Residential Districts . FZ�7 MEMORANDUM �At the P1a�nning Comnission meeting of July 29, 1981, as a result of City �Council dfirectfon, the Pianning Corrmissifln has recommended the deletion of authorized�parking of trucks 9n excess of 13,000 pounds in residentia] districts. Attached is a copy of our ordinance which incorpora�tes fhe Pla�nning Conmission's`recommendation. If th� City f.ouncil desires to implement this reconmended change, we can #�rep�re � chdnge �a Ordinance 506. �GF:i jk , . s :�:; �� ;�.�� _ �.s, � .� � . � � H •..%.��,. . . - � - . " . . . . ".4.., ` . . . , . uN, :�N`� -�.7-., . . . . - , � 7 . -YS- � : • . ' � . � � +fi; . . .. . . . . . "'. < s�, � ' . . .. . � x:�, �a��'� s-�: . . . . . �C �-�f ' • • 6. �-; _ . -'. . . . � ' . . -,�•�i?,�w 4 Y 1 ' ":, . . .�. ' :... .. . .- . . . . . .:. . � . . - .� , ' � � :' . . . . . . , �:.; ' , . �J. .� k . . - . . . - • ' �. � � .. . - . - - . . ��, . , . .' . , i . �_'-' - � ' _" . . .� : . . . . . ._ . . . ... . � . .. . . .'.... .;_�.•��... , � � . .. { . . . . . , , �'. "�� . ...t.. ,_ � �- . . , ...i , .. ... � . .. _ '. _,i. .;,:� Z ,Y'"_ ACTION� INFO• 506. VEHICLES, PARKING OF 506.01. STATE LAW COM�LIANLE No person shall drive, operate or be in actual physical control of any vehicle contrary to state law; nor shall any owner or person having custody or tontrol of any vehicle knowlingly atlow any other person to drive, operate or be in actual physicaT control of a vehitle contrary to state law. 506.05 STATE LAW COMPLIANCE As used in this ordinance, the term °commercial vehicle' means and includes a"truck" as defined in Minnesota Statutes Section 168.011 Subdivsion 10, a"tractor" as defined in Minnesota Statutes Section 168.011 Subdivision 11, a"truck tractor" as defined in Minnesota Statutes Section 168.11 subdivision 12, a"trailer° as defined in Minnesota Statutes Section 168.011 Subdivision 13, a"semi-trailer" as defined in Minnesota Statutes Section 168.011 Subdivitli0n 14, and a"bus" as defined in Minnesota Statutes Section 168.011 SuDdivision 9. Subdivision 3. As used in this ordinance, the term "residential district" means and incldues those areas =oned single familydwelling areas, two family dwelling areas, and general multiple family dwelling are as. (Ref. 552) 506.02. OFF PAYEMENT No person shal? stop, leave standing or park a vehicle ►vhether attended or unattended, upon the paved or improved or main traveled portion of a highway or street when it is practica] to stop, park or leave such vehicle off such portion of said highway or street. In every such event, a clear and unobstructea width of at least fifteen feet (15 feet) of such highway or street opposite such standin9 vehicle shall be left for the free passage of other vehicles. 506.03. UNATTENDED VEHICLES No person sha11 stop, park or leave a vehicle unattended upon such street or highway in the City for a perioa in excess of 24 hours. OfF PAVEMENT UNATTENDED VEHICLES f�'4'�//�i�l��/�,ll�l�l�lr%� ��H'/�' �✓�xi�' ��+✓ �✓�l�>�/ ��ir,n�,� ��1�l�1�1�11a►�/�r ��ltJ�� A�1 iA�'Iv�,W A�Y��Y/�A�14�'YI�NR�W 11�M�7� fYARld'/� �A�R/f��'l��// 506.04 �.,�. SNOW REMOVAL - VIOLATION AND TOWING During the winter months, crnmiencing on the first day of November of any year, to and incluaing the first day of May of the foilowing year, it shail be a violation for any person to stop. park, or leave standing a vehicle on any street or highway in such a manner as to impede the plowing and/or removai of any snow, ice, or waste on suth street or highway. �� SNOW REMOVAL VIOLATION AND TOWING 0075A/0�38A 506-1 7E Whenever it shall be found necessary to the proper direction control, or regulation of traffic or for the plowing and/or the removal of snow, ice or waste, maintenance or im- provement of any hi�way or street to remove any vehicle standing on a highway or street in the City, then any police officer is authorized to provide for the removal of such vehicle and have the same removed to the nearest convenient garage or other place of safety. Any vehicle stopped� parked or left standing on any highway or street in violation of law and removed as provided herein above, may be removea upon order of a police officer and the cost of removal and storage of the same chargea to the owner of the vehicle, as �vell as the person causing such violation. (Ref. 583) 506.05 ��,�� scraas Whenever any public school lands or the lands and areas of any public governing body or authority customarily or usually open to traffic by the public shall be posted by oraer of the school board or other governing body or authority in control of such lands, then it shall be unlawful to drive or operate or stop, leave standing and park any vehicle on such lands contrary to such posting. 506.06 ¢�i�i��j. OBEDIENCE 70 MARKIN6S Upon Lhese streets Nhich have been sig�ed or marked by the City Manager for parking, no person shall park or stand a vehicle other than at the angle or the curb or edge of the maaway or within spaces indicated by such signs or markings. 506.07 �p�6,[��,1 STOPPING AND STANDIN6 PROHIBITED No person sha11 stop, stand or park a vehicle, except when necessary to avoid co�lict with other traffic or in compliance with law or the directions of Police Officer or traffic-control device, in any of the following places: 1. On a sidewalk; � 2. In front of a public or private driveway or directly across there'from in such a manner as to impede the access to said driveway; 3. Within an intersection; 4. Mi thin 10 feet of a f ire hydrant; 5. On a crosswalk; 506.08 SNOW REMOVAL VIOLATIONS sc�oas OBEDIENCE TO MARKINGS STOPPING AND STANOIN6 PROHIBITED 6. Within 20 feet of a crosswalk at an intersection or within 20 f eet of a mid-block crosswalk properly marked; 7. Mithin 30 feet upon the approach to any flnshing beacon, stop sign or traffic-control signal located at the siae of a roadway; 8. Between a saf ety zone and the adjacent curb or within 30 feet of points on the curb imrt�ediately opposite the ends of a safety z�ne. unless the City Manager has indicated a different length by signs or marki�gs; 9. Within 50 f eet of the nearest rail of a railroad crossing; 10. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the enirar►ce to any fire station within 75 feet of said entrance when properly postea; 11. Alongside or opposite any street excavation or obstruction when stopping, standing or pnrking would obstruct traffic; OO75A/0738A 506-2 7F 12. On a roadway side of any vehicle stopped or parked at the edge or curb of a street; 13. llpon a�y bridge or other elevated structure upon a hi�way or within a highway tunnel or underpass; 14. At any place where official signs prohibit stopping; 15. On any boulevards; :aad16. In areas received fro the handicapped; (Ref. Chapter 511) 17, fire lanes. (Ref . Chapter 108) 506.08 54�y��ty9'. ALLEYS No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than 10 feet of the width of the �oaaway for the free movement of vehicular traffic and no person shall stop, stand or Qark a vehicle withi� an alley in such position as to block the driveway entrance to any abutting property. 506.09 SrQW,/bQ! FOR SALE OR WASHING No person shall park a vehicle upon any roadway for the principal purpose of: 1. Displaying such vehicle for sale; 2. Washing, gre asing ar repairin9 such vehicle except repairs necessitated by an emergency. 506.10 �44LA/V NARROW STREETS The City Manager is hereby authorized to erect sigis indicatin9 no parking upon any street when the wioth of the roadway does not exceed 20 feet or upon one side of a street as indicated by such sigis when the width of the roadway does not exceed 30 feet. 506.101 5�6��1�1�1� When official signs prohibiting parking are erected as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign. 506.102 spb,caaz,c In the event a highway includes two or more separate roadways and traffic is restricted to one direction upon any such roadway, no personshall stand or park a vehicle upon the left-fianC side of sucf� one-way roadway unless signs are erected to permit such standing or parking. The C�ty Manager is authorized to determine when standing or parking may be permitted upon the left-hand side of any such one-way roatlway and to erect 5igns giving n�tite therof. 506. STOPPING AND STANDI N6 PR p116ITED ALL EYS FOR SALE OR WASHING NARROW STREETS 506.11 50B11Z1 CONGESTED PLACES CONGESTED PLACES The Cityinanager is hereby authorized to determine the designate by proper signs places in which the stopping, stanaing o� parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic. 506.111 $o�<rzr< When official si�s are erecte0 at hazardous or congested places as authorized herein, no person shall stop. stand or park a vehicle in any such desigiated place. 0075A/0738A 506-3 7G 7N 5��1�. 506.12 PARKING IN RESIDENTIAL OISTRICTS � No person shall park or leave standing a cortmercial vehicle, whether attended or unattenoed having a gross Neight of more than 13,000 pounds upon the public streets in ar�y residential district �/�'/d�►r'yq�/q'�//�/j'ry�'/}�/yq'►'//�'/f/qy+"//t��►'/�'� �" on private property in an residential district. unless in the process of loading or unloading and then only tor such period ot t�me�ecessary to load or unload. (Ref. 552) ,� Recreational vehicles cannot be rked on ublic streets in any resident�a istr cts at any t me. 506.13. 1LLE6AL PARKING In any prosecution char9ing a violation of any law or regulation governing the standing or parkin9 of a vehicle, proof that the particular vehicle described in the tomplaint was parked in violation oi any such law or regulation toge ther with proof that the aefendant named in the complaint was at the time of such parking the registered owner of such vehicle shall constitute in evidence a prima facie presumption that the registered owner of such vehicle Mas the person who parked or placed such vehicle at the point where and for the time auring which such violation occurred. 506.14. PENALTIES Any violation of this chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. PARKING IN RESIDENTIAL DISTRICTS ILLEGAL PARKIN6 PENALTIES 007 5A/ 0738A 506-4 7I CITY OF FRIDI.EY p,pPEALS CCI�IMISSION MEETING - TUESDAY JULY 14, I981 PAGE 1 GALL TO ORDER: Chairwoman Gabel called the Appeals Coamnission Meeting of July 14, 1981, to order at 7:33 p.m. RD�.L CALL : �� Members Present: Patricia Gabel, Jean Gerou, Alex Barna, Donald Hippen Mmabers Absent: Jim Plemel � Others Present: Darrell Clark, City of Frid2ey APPROVE APPEAI+S CO�I�Il'�IISSZON MINUTES OF JUNE 23, 1981: MOTION.by Mr. Barna, seconded by lrlr. Hippen, to approve the minutes of June 23, 1981, as written. UPON A VOTCE VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED TF� MOTION C.ARRIID VNANIIYIOUSI+X. l. RE�FOR VARIANCES PURSUANT TO CHAPTER 214 OF THE FRIDLEY CIT3C CODE, TO RIDUCE THE DISTANCE BETWEEN AD�TISING SIGNS FROM THE MINIMUM OF lOCD FEET TO 806 FEET AND REDUCE Tf� DISTANCE FROM A RESIDENTIAL AREA FROM THE REQUIRED 500 FEET TO 400 FEET TO ALLdW Ti� CONSTRUCTION OF A 49 FT. BY 14 FT. BILLBOA'RD T� BE LOCATED IN THE HOLIDAY STORE pARKING LOT IN THE NORTHWEST LJADRANT OF I 694 ANID MAIN STREET, ON PART OF LaT _13_, AUDZTOR'S SUBDNZSION NO. 155, THE SAME BEING 5591 MAIN STREET N.E. (Request by Nancy Jorgensen, Naegele Outdoor Advertising Company of the Twin Cities, Inc., 1700 West 78th Street, Minneapolis, l�t 55423.) 1�lOTION by Mr. Barna, seconded by Mrs. Gerou, to open the public hearing. LTPON A VOICE VOTE, ALL VOTING AYE, CHAIRWQMAN DECLARED TI�E PUBLIC HEARING OPEN AT 7:34 p.M. Ms. Nancy Jorgensen, 1700 West 78th Street, Minneapolis, was present. Chairwcman Gabel zead th.e Staff Reporte ADMINISTRATI�IE STAFF REPORT 5591 Main Street N.E. �. Pt�LIC PURPOSE SERVED BY JiEQUIR�4FI�1T: Section 214.046� G3, requires a minimtian distance of 1000 feet bebween billboards on the savne aide of the street riqht of way. Public purpose served by this requiraaent is to cantrol visual pollution and excessive use of billboards. Sectfon 214.046, G6, requires a minim�an distarice of 500 feet beween a bill,boazd and any resfder�tial district, park, or playground. Public purpose served by this requirement is to control visual polluti� near a zesidentfal area and excessive use of billboards. 7J Appeals Ccoomission Meeting - July 14, 1981 page 2._ B. STATED HARDSHIP: "The nearest sign is located on the east side of the railsoad tracks and 806 feet from the proposed siqn. Upon caa�pletion of the cQnstruction of �e bridge planned for 1984, Naegele will move the siqn at the railroad tracks to the �est side of the tracks thereby conforming to the 1000 foot spacing requirenent between siqns. Therefore, our application is for a apacinq variarice needed only temporarily." C. ADMINISTRATIVE STAFF REVIE�1: This siqn is to be located in the �outhwest corner of the Holiday Village parking lot snd positioned tro be viCwed fmn I-694. The siqn will be approximately 400 feet fran the residential area that is south of I-694 and approximntely 806 ieet from the exi.stinq billboard to the west. The l�ppeals C7o�mnission shauld exemmine the real aeed for thi.s siqn and qive attention to the followirig: 1. How can the desire to place another billboard be a legitianate hardship? 2. Were the conditions for placement of billboards to be very firm requf resnen ts? Denial of this petition should be considered and Naegele can wait until future hiqhway changes take place that will necessitate relocation of their aocfsti:g siqn. Mr. Clark reported, that, after the Staff Report was typed, it was noted by another field inspection of the site there �ras anotiier Naegele billboar8 between Main Street and I694. Ms. Jorgensea stated thnt in their �pplicatfon it says. "... Upon approval of this a,pplication and before construction of theproposed sign, Naegele will remove the advertising sign presently located in the NW Quadrant of I-694 and Connty Road 102." She fvrther stated that this meant they would reznave that siqn if they qet thfs new siqn approved. She t�'len shawed the Comani- ssion the existiaq billboar8 on the aerial view of the tsres and showed them where the single poster siqn is located and where the new one would be located. She explained that when c:onstruction of the bridge is campleted in 1984, they plan to take the other sign down and mave it and then they would meet the 1,000 foot distance requirement. She said as far as the distance fraan the residential area, there wauld be 400 feet and that there is also a sounS barrier that protects residential. She also explained that they have taken two other signs down in the area and that is a�hy they are makinq an application for this new sign. She also stated that when they take down the sign next door and pnt up the new siqn there will be less of a nonconformar�ce than there is right now nnd it would al`so be a�n improvpaaent. She etated there is a sound and visual barrier for the residential requirement. She furtl'ier stated that she renlizes that economic hard- ship is not enough for businesses btit they did lose two signs. She reiterated that this �uld be less of a Aonconformance th�n it is riqht now by taking out the siqn in the middle and by 1984, they would be reloc�ting - the sign by the railroa4 tracks. She stated that if the City wanted it, they would get rid ef the siqns now. � 7K Ap eals Co�cnission Meeting - Jul� 14, 1981 Pa e 3. Mrs. Gerou asked why they would not wait until 1984 and Ms. Jorgensen said it was because they have lost two signs. Nirs. Gerou then asked if these signs bring in any revenue to the city and Ms. Jorgensen said no, they would only benefit in that it would be less of a nonconformance than it is now. Chaizwoanan Gabel thought it would be helpful to give some background about the billboards and sign c�nittee. She said Naegele had a good deal of input on the sign cc�anittee. She said the cvnnnittee did not want signs up but a consensus was reaciie�l to allow billboards bnt to �ake code samewhat restrictive. She added that there is a large proliferation of signs in the area of Highways 47 and 65 etnd I694. Ms. Jorgensen said they are askinq to stay at status quo and the poster sign in the middle is on wood poles and the superstructure is not nice looking and they would be straightening that out and making it nice and clean. Mr. Barna asked about the proximity to the intersection and what is consi�ered the intersection. Mr. Clark said it would be where University crosses I694. Chaizwatnan 6abe1 felt that this may have to be taken back to Planning for a more exact definition. Ms. Jorgensen said if the Ce�nission was worried about the sign possibly affecting traffic and possible accidents, that she could not isnagine a billboard 300 feet away affecting the raanp. Chairwo�man Gabel brought out a xeport from the Minnesota Department of Transportation regarding accidents between 7th Street and East River Road which showed that tiiere had been 306 accidents in that area within a 2-yeaz period (Chaiiwoman Gabel had this report from another matter). She felt that the ramp located there is so siiort and accelerates under the railroad bridge that there could be a potential hazard and felt vezy stron5ly about adding anything there. Mr. Jorgensen said studies have been done by the Federal Highway Administration on effects of signs and traffic accidents and said they determined that they could not pinpoi.nt an accident that was caused by a sign. Chairwoman Gabel felt people are not going to admit to looking at a sigrnahile they bun►ped into the person in front of them and she does have a concern about that. She stated that are three signs alonq there and alonq 7th Street and she had some serious reservations about adding to that potential hazard. She also felt that Naegele has not been able to identify a real clear-cut hardship; that taking down a sign is not a valid reason. Ms. Jorgensen said she realizes that economic hardship is not enough for a business but that Naegele does business here and tries to be pa±t of the community. She also felt that they would be aesthetically i�- proving the area• Mr. Barna was concerned about the sign that was going to be left up until 1984 and Ms. Jorgensen said threir plan would be to move it to the other side. Chairwoman Gabel stated t�Iiat if this variance was turned down and Naegele came in again in 1984 and the other sign had been taken down, they w�ould still need a variance for the residential requirelnent. Ms. Jorgensen felt that the barrier pxotects the residential area. Chairwo�man Gabel she she understands what Ms. Jorgensen was saying about the barrier protecting residential but she felt that the -barrier is not a significant reason for granting the variance. Ms. Jorgensen said that 500 feet from residential is the largest in the Twin Cities area. Chairwo�man Gabel stated that part of theproblem is that tl�ere is such a prolifera- tion of signs in this city and she feels bound to what came out of the sign c�ittee Cthe sign comanittee represents a very large cross-section of this comanunityj. She also felt that, because of the bad acceleration ramp, it would be better if the sign were sameplace else. . 7L A�peals Commission Meeting - July 14, 1981 Page 4 Mr. Clark aske$ if the bottom of the sign would be 11 feet above Main Street and the top 14 Beet above that making the total height 37 feet off ground and Ms. 3orgensen said that was correct. Referring to the line in the ordinance that reads, "... the maximum height for a sign intended to be viewed from a highway is 25 feet above lot grade, and in this instance its 25 feet above Main street, and the 25 foot maximum height � be computed from the centerline of the traveled highway." Cha3xwoman Ga�el felt there m�.ght we a better way to write "may" and a better way to address the grade levels. Mr. Clark stated the primar�t intent was ground below the freewa�r: as with the sit�n on 7th Street . Mr. Barna said his main concern is not covered in the ordinance, that being a visual distraction in a high safetY are�► especially with construction co�ning up; he would prefer that there be no additional distractions. 1''irs. Gerou agreed with Mr, Barna.and Chairwoman Gabel reiterated her concern about safety in that ex- tremely accident prone section of the freeway. She further felt doubtful that a variance has actually been demonstrated nor an extxen►e hardship. MO'rION by Mr. Baxna, seconded by Mrs. Gerou, that the Appeals Commission recoirunends to the City Council denial of the request for variances puz'suant to Chapter 214 of the Fridley City code, to reduce the distance between advertising signs from the minimum of 1000 feet to 806 feet, and reduce the distance frcnn a residential area froan the required 500 feet to 400 feet, to allaw the construction of a 49 ft. by 14 ft. billboard, to be located in the Holiday Store parking lot i.n the Nortj�St . Quadrant of I.694 and Main Street, on Part of Lot 13, Auditor's Sub- division No. 155, the same being 5591 Main Street N.E „ Fridley, Minnesota, as the Appeals Comtnission cannot see a definite hardship in not being allowed to place a sign there; thnt by information containeci in the Minnesota Depaxtment of Transportation reports, it is a hi5h traffic atzd safety hazard area; that there will be a large aa►ount of construction in this area in the next few years; that there is a large ranount of traffic congestion in that area during the rush hour; that the loss of signs in the area, voluntary or involuntary, is not a valid hardship. UPON A VOiCE VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARE.D TiiE MO►rION CARRIED UNAI3IMOt3SLY . 2. VARIANCE REQUEST TO THE INTERIM DEVEIAPMENT REGUIi�TIONS FOR THE MISSTSSIPPI RIVER DORRIDOR CRITICAL ARFA. SECTION G, 4, (B,2), TO RED�CE TO 97 FEET, 2 I1�HEg, THE RF3'�, UIRE�'iENT THAT IN URBAN DE�IELOPID DISTRICTS, NO STRUCTURE OR ROAD SHALL BE PIACED LESS THAN 100 FEET FROM TI� NORMAL HIGHWATER MARK OF TE� RIVER AND NO LESS TiiAN 40 FEET FR(�i BLUFFLINES TO ALLCIW THE CONSTRUCTIO OF A 12' BY 21' THREE-SEASON PORCH ON LOT 4, BLOCK 1 MARION'S TERRACE, TI� SAME SEING 711- RIVERVIEW TERRACE N.E. (Request by Mr. & Mrs. William May, 7110 Rinerview Terrace N.E., Fridley, MN 55432). MOTION by Mr. Barna, seconded by Mr. Hippen, to open the �ublic hearing. UPON A V910E VOTE, ALL VOTING AYE, CHAIRWOMAN GABEL DECLARED THE PUBLIC I�ARING OpEN A�P 8:16 P.M. Mr. William May, 7110 Riverview Terrace; Mr. Crabtree, 7100 Riverview Terrace; Mrs. Barb Gunderson, 7120 Riverview Terrace; Mr. and Mrs. Roger Classgens, 7130 Riverview Terrace and Mrs. EuniA:Engelhardt, 7130 Riverniew Terrace,were present. .' Naegele � � ---- -- - -- -- � ' �� —7 _ _._. — � � - — - - — - - -- — — � 0 � COUNIY R0. 1�7 , ` MAIN S -- ' y' �- .� -- +:-�� ._� . �:.�, , • '.�:..�s -�– �+-�'-- �- i i � I i I( � i I i i I � i � ;.. I ;. • ��` � 4 . � �� / , . � . \. i.— CCj\ y�� `�� '��a , ~ � .'/ � .. , � _ _ . : t-.� _ _ ��_ ' ( . � � _ �- � � � — - � -�-- r-- - — - : : �_ -- - __ i �� _ _ . _`— ��£ �_ , � :� _ � • �_ � -- . „'T —_ � _ - -- — ..,�,e _� � 'a' ' i . -• ..,,.., . - - _ � ,F - � __�. � . • ,1 _ � r �-. �=�� m �-�- _,� Z -, ,, 3 _ _ ; _� , �� ; � -� , _ � I J± • .,:.:� �._ r � � — .•o •� �_ Q + � — y• .:�� - :�`'(% . _ - - .. .�; \._ - � °� � 1^ �� _ _ � ' "' -•.�'�s�' _ � . . � * •� �`/' � ' � t ^ .-\ U _ .� . � - / - � I;� .. `' �,•� ��— - — �` � �� "� '�" � a i , �F�; � �: �°\i�-�,. - . •- � � ° ��" -- su'��,� ._ .� � � i ,.., L. _, � � /I .. � ;�• �.� --�- ,� �� ' � � • � Z _. � , � ti � I �: I�.� '�� . � '' I�.. z'� '; r ��• `u ; L—_ � ' `r �� r �� r. Z 1 , ti 4.,�+::�s. J .\' � �j , '�) r...-- �i f . ,� ._. . _ . .J. � r �' . . :.__ .��. a- � �s , �y �� i:,��'_;_ �J + , � _-� � . f-; � • `�, V � �j--; —,-; � �—.�, �'�� ' _ � � �� J i � '4 • � �� . " . �---� `� Z E- V' � � � � Naegele � �� ^ � r s �' K .� � --��y_ � . \ Naegele �► � � , ` �; �► 3 1- � � c a�.� � � � � � � � � � � � �1� 1 �a � 7, �� . ' CJ� � c�yl � .J� .� V 7. \ � � � � ` �� V �{ � I� 'v 1 � . ,� � fr '..w A`! �� Va .... � ::• �" titv " ^Lt,_; � � �4�' -'�',r�. a � N- � - M � . I I � 1 � � � I —�: v� _c,� �f � �� ! i ^,):�-� � :.>; o± - - -- -�,� _ �� ► � �� 3 o� ��. � � � �; � i I!� I � � � V � c� y 'CL�' N � 4 � � 1 �- � � � G � � v O ��1 � � � y `A ,� �i' � � \ 1 � v� � � � � 7 � � RESOLUTION NO. _ RFSOLUTIOI>T GIVING PRELIMINARY APPROVAL TO A PROJECT WITH WINFIELD DEVELOPMELJTS, IATC. UNDER THE MINNESOTA MUL�TICIPAL INDUSTRIAL DEVELOPMENT ACT, GIVING PRELIMINARY APPROVAL FOR THE ISSUADTCE OF INDUSTRIAL DEVELOPMENT REVFLIUE 130NDS TO FINANCE TH� PROJECT, AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MINP7ESOTA AtJU AUTHORIZING THE PREPARATION OF NCCESSARY DOCUMENTS WHEREAS, the purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act the "Act"), as found and determined by the legislature, is to promote the welfare of the State of Minnesota (the "State") by the active attraction and encouragement and development of economically sound industry and commerce to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; and WHEREAS, factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas, the rapidly rising increase in the amount and cost of govern- mental services required to meet the needs of the increased population and the need for development of land use which shall provide an adequate tax base to finance these increased costs and access to employment opnortunities for such population; and WHEREAS, the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), has received from Winfield Developments, Inc. a Minnesota corporation (the "Borrower"), a proposal that the City undertake to finance a Project (as hereinafter described) through the issuance of revenue bonds (the "bonds") pursuant to the Act; and WHEREAS, the City desires to facilitate the selective developrnent of the community, retain and improve its tax base and help provide the range of services and employr.�ent opportunities re- quired by its population, and the Project shall assist the City in achieving those objectives. The Project shall help to increase assessed valuation of the City and help maintain a positive rela- tionship between assessed valuation and debt and enhance the image and reputation of the City; and WHEREAS, the Project to be financed by the bonds is the acqusition of land and the constructing and equippiny of two office/warehouse/service centers to be used as office/ware- house/service centers (the "Project") and shall result in the employment of additional persons to work within the new facilities; and 2 • � WH�REAS, the City has been advised by representatives of the Borrower tliat conventional commercial financing to pay the capital cost of the Project is available only on a limited basis and at such hiyh costs af borrowing that the economic feasibility ot operating t2ie Project would be significantly reduced, but the Borrower has also advised this Council that with the aid of municipal financing and its resulting low borrowing cost the Project is economically more feasible. NOW, THEREFORE, SE IT RESOLVED BY THE COUNCIL OF TH� CITY AS FOLLOWS: 1. The Council hereby gives preliminary approval to the proposal of the Borrower that the City undertake the Project pursuant to the Minnesota Municipal Industrial Development Act, Chapter 474, Minnesota Statutes (the "Act"), pursuant to the Borrower's snecifications su aUle for the operations described above and to a revenue agreement bet�veen the City and the Borrower upon such terms and conditions, with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal of and interest on the proposed bonds in the total principal amount of $4,000,000, to be issued pursuant to the Act to finance the costs of the Project, and the agreement may also provide for the entire interest of the Borrower therein to be mortgaged to the purchaser of the bonds; the City hereby undertakes preliminarily to issue its bonds in accordance with such terms and conditions. 2. On the basis of information available to this Council, it appears and the Council hereby finds that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue-producing enterprises engaged in any business within the meaning of Subdivision la of Section 474.02 of the Act, that the availability of the financing under the Act and willingness of the City to furnish such financing shall be a substantial inducement to the Borrower to undertake the Project and that the effect of the Project, if undertaken, shall be to encourage•the development of economically sound industry an3 commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment, to help the City retain and improve its tax base and provide the range of service and em�loyment opportunities required by its population, to help prevent the movement of talente� and educated persons out of the State and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and to eventually increase the City's tax base. 3• The Project is hereby given preliminary approval by the City, subject to the approval of the Project by the Commissioner of Securities and subject to final approval by this Council, the Borrower and the purchaser or purchasers of the bonds as to the ultimate details of the financing of the Project. 3 : i 4. In accordance with Subdivision 7a of Section 474.01, Minnesota Statutes, the Clerk-Treasurer of the City is hereby ' autharized and directed to submit the proposal for tre above-described Project to the �ommissioner of Securities, requesting the Commissioner's approval, and other officers, employees and agents of the City are hereby authorized to provide the Commissioner with such preliminary information as the Commissioner may require. Representatives of the City and Lindquist & Vennum, as bond counsel, are hereby authorized, in cooperation with the Aorrower and the Borrower's counsel, to initiate the preparation of a proposed loan agreement, mortgage and such other documents as may be necessary or appropriate to tl�e Project so that, when and if the proposed project is approved by the Cammissioner and this Council gives its final approval thereto, the Project may be carried forward expeditiously. 5. The Borrower has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Praject, whether or not the Project is carried to completion and whether or not approved by the Commissioner, shall be paid by the Borr�aer. 6. Nothing in this resolution or in the docu�nents pre- pared pursuant hereto shall authorize the expenditure of any municipal funds on the Project ather than the revenues derived fram the Project or otherwise granted to the City for this purpose. The bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereaf, nor shall the City be subject to any liability thereon. The holder or holders from time to time of'the bonds shall never have the right to coinpel any exercise of the taxing pawer of the City to pay the outstanding principal on the bonds or the interest thereon or to enforce payment thereof against any property of the City. The bonds shall recite in substance that the bonds, in- cluding interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The bonds shall not constitute a debt of the City within the meaning of any constitu- tional or statutory limitation. ?. In anticipation of the approval of the Commissioner of Securities and the issuance of the bonds to finance all or a portion of the Project and in order that completion of the Project shall not be unduly delayed when approved, the Borrower is lzereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the bonds as the Borrower considers necessary, including the use of interim, short-term financing, subject to reimbursement fran the proceeds of the bonds if and when delivered but otherwise without liability on the part o£ the City. 4 Approved and adopted this day of , 1981 Mayor Clerk-Treasurer � � RESOLUTION R�CITIL�IG A PROPOSAL FOR AL7 INDUSTRIAL FACILITIES DEVELOPMENT PROJECT GIVILJG PR�LIMIi1ARY APPROVAL TO THE PROJECT PURSUI3N'I' TO THE MINNESOTA M[JNICIPAL IPiDUSTRIAL DEVELOPNI�NT ACT AUTHORIZING THE SUBMISSIE�N OF AL1 APPLICATION FC?R APPROVAL OF SAID PROJECT TO THE COMMISSIONER OF SECURITIES OF THE STATE OF MIt1NESOTA AND AUTHORIZING THE PRF:PARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT (WWN) WHEREAS, (a) The purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Development Act (the "Act") as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economi- � cally sound industr� and cor.lr.►erce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b3 Factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of tiie increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; (c) The City Council of the City of Fridley ("the City") has received from W6�I Properties, a general partnership organized under the laws of the State of Minnesota (the "Company") a proposal that the City assist in financing a Project hereinafter described, through the issuance of a Revenue Bond or Bonds or a Revenue 21ote or LJotes hereinafter referred to in this resolution as "Revenue Bonds" pursuant to the Act; (d) The City desires to facilitate the selec- tive development of the community, retain and improve the tax base and help to provide the range of services and employnent opportunities required by the population; and the Project will 9 �`, assist the City in achieving those objectives. The Project will help to increase assessed valuation of the City and hel.p maintain a positive reZationship between assessed valuation and debt and enhance the image and reputation of the community; (e) The Project to be financed by the Revenue Bonds is an approximately 48,000 square foot industrial facility to be located in the City and leased to Pride Machine Inc. and American Mold & Engineering Co. and consists of the acquisition of land and the construction of buildings and improvements thereon and the installation of equipment therein, and will result in the employment of additional persons to work within the new facilities; (f) The City has been advised by representa- tives of Company that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borro�aing that tY►e economic feasibility of operating the Project would be significantly reduced, but Company has also advised this Council that-with the aid of municipal financing, and its resulting low bor- rowing cost, the Project is econornically more feasible; (g) Pursuant to a resolution of the City Council adopted on July 20, 1981, a public hearing on the Project was held on August 10, 1981, after notice was published, and materials made available for public inspection at the Civil Center, all as required by Minnesota Statutes, Section 474.01, Subdivision 7b at which public hearing all those appearing who so desired to speak were heard; (h) 2Jo public official of the City has eitiier a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. NOW, THEREFORE, BE IT RESOLVEU by the City Council of the City of Fridley, Minnesota, as follows: 1. The Council hereby gives preliminary approval to the proposal of Company that the City undertake the Project pursuant to the Minnesota MuniciQal Industrial Development Act (Chapter 474, t�Iinnesota Statutes), consisting of the acqui- sition, construction and equipping of facilities within the City pursuant to Company's specifications suitable for the operations described above and to a revenue agreement between the City and Company upon such terms and conditions with : provisions for revision from time to time as necessary, so as � � to produce income and revenues sufficient to pay, when due, the principal of and interest on the Revenue Bonds in the total principal amount of approximately $1,250,000 to be issued pursuant to the Act to finance the acquisition, construction and equipping of the Project; and said agreement may also provide for the entire interest o£ Company therein to be mortgaged to the purchaser of the Revenue Bonds; and the City hereby undertakes prelininarily to issue its Revenue Bonds in. accordance with such terms and conditions; 2. On the basis of information available to this Council it appears, and the Council hereby finds, that the Project constitutes properties, real and personal, used or useful in connection with one or more revenue pr,oducing enterprises engaged in any business within the meaning of Subdivision 1 of Section 474.02 of the Act; that the Project furthers the purposes stated in Section 474.01, Minnesota Statutes; that the availability of the financing under the Act and willingness of the City to furnish such financing will be a substantial inducement to Coanpany to undertake the Project, and that the ' effect of the Project, if undertaken, will be to encourage the development of economically sound industry and commerce, to assist in the prevention of the emergence of blighted and marginal land, to help prevent chronic unemployment� to help the City retain and improve the tax base and to provide the range of service and employment opportunities required by the population, to help prevent the movement of talented and educated persons out of the state and to areas within the State where their services may not be as effectively used, to promote more intensive development and use of land within the City and eventually to increase the tax base of the community; 3. The Project is"hereby given preliminary approval by the City subject to the approval of the Project by the Con- missioner of Securities and Real Estate, and subject to final approval by this Council, Company, and the purchaser of the Revenue Bonds as to the ultimate details of the financing of the Project; 4. In accordance with Subdivision 7a of Sectian 474.01 Minnesota Statutes, the Mayor of the City is hereby authorized and directed to submit the proposal for the Project to the Commissioner of Securities, requesting her approval, and other officers, employees and agents of the City are hereby suthorized to provide the Commissioner with such preliminary information as she may require; 5. Company has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion and whether or not approved by the Commissioner will be paid by Company; 6. Brigys and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Company and the purchaser of the Revenue Bonds as to the maturities, interest rates and -� other terms and provisions of the Revenue Bonds and as �o the covenants and other provisions of the necessary documents and to submit such documents to the Council for final approval; 7. Nothing in this resolution or in the documents pre- pared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Revenue Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Revenue Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Revenue Bonds or the interest thereon, or to enforce payment thereof against any property of the City. The Revenue Bonds shall recite in substance that the Revenue Bonds, including interest thereon, is payable solely from the revenue and proceeds pledged to the payment thereof. The Revenue Bonds sHall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; 8. In anticipation of the approval by the Commissioner of Securities and the issuance of the Revenue Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, Company is hereby suthorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Revenue Bonds as Company considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Revenue Bonds if and when delivered but othen�►ise without liability on the part of the City. 9 9C Adopted by the City Council of the City of Fridley, Minnesota, this day of August, 1981. Attest: City Clerk � Mayor � � , , .,:� _ . :� � , i �:, � _ ;,� '� "`�,y =r . • �;. ,, ��`' : a - �; � - ,�.. � - � CITY Of : f. . _ �71AECTORAT� ; : '�F . - _ -��VBL1C 4�1A/ORKS ___ - ��. . ,.. ,�._ -- ._ �� : ;� . �ATE �� .:�tgust 5, �981 :ROV -�.pw " �errold L. 8oar�nan - Plannin9 , iUBJECT _ � �ontract Amendment �Iwarding 1980-81 Locai P7anning Assistance Grant % l TO aofin 6. �lora 10 MEMOfaANDUM �: � _; �81-61 ACTION INFO• X ��]ease see attached second amendment to the existing Grant Agreement between.the iYletropolitan Council and the City of Fridley for additional . funds for Co�rehensive Plan Oevelopment. �ffie �nitia'1 �grant agreement was executed in irlay of 1978 wi�h a fiirst amendraent in i�arch af ]979. We have received to_ date �12,343 with an ad- �itional 31,371 to be given when the reports ar�;satisfactoriiy submitted to the Metropolitan Council for review. � ihis new amendment is for an additional E6,717 of which we will receive �3,359 upon determinatian that the plan is adequate for review, �2,687 upon documenbation that the City Council has adopted its p]an wtithin nine months � af Metro's review nnd �672 upon submission of final progress report. �lith tfiis amendment, the totai amount that we will receive in Grant . , . �unds �s �20.431. ,:__ . : : . - -. . . . . -- : _ � , > ._ , . .� ,:.: . , .. . .. . ,; : � ' As a pari nf this process, �re wi71 t�eed to pass a resolution of the . City Council authorizing the execution of the amendment. JLB/sl ' � � � �� ,,�"�'� � ,rt}�. ��3� ' � � !� ! . 4 YT i°' . . �.{.. .�::'x` . � , y,.-. . _ 4.� �_' � ' .. . . . . . ��e��-.; : i' .. 1 :ti�iPd ,i:i}1-y-'' _ ." t �z *+�. � . . r. �'� . � , i s , `" "'a� , : • q , `�? a ':s��` . � . '-:. .;. . : � , � ._,.. . ., - �. . .. � ._.. . . �, . .. �. . � �: i;� e,'�� . .. . : � .. , . � - _ � � � . .. . . - � . -, i.� ,- . . �� . . , . . . . . .. - -.-� . _,, . . . . _ . ... .. _ - ..... .• . . . :. , _. . ... , .. '' - ,.._ � . .� � .- i -i ,�Y . � - .: ,�_: . �_,.:.. , � :: . . . y ;:.: _., .s . .:: � ._ ' �., � �� '. . .. ' - . . � � . . ,g _ . .. . �.. :P.. ' �� .r: �� .r.: y. �.. , : '- .�-y4r',n . .'. ; �. .: � _��i.�. . , ... . . "- .. . ��+. si •�.' .s:�-r. . ; RESOLUTION N0. A RESOLllTION AUTHORIZING THE ADMINISTRATION TO REQUEST 1980-81 LOCAL PLANNING ASSISTANCE GRANT FUNDS WHEREAS, the City of Fridley has received funds from the Metropolitan Council under its Local Planning Assistance Grant Program; and WHEREAS, these funds have been used to help reimburse the City for funds used to prepare local Comprehensive Plan required by State Law; and WHEREAS, the Metro Council has additional funds in the amount of $6,717 in 1980-81 grant funds available to the City for the preparation of this plan. NOW THEREFORE, BE IT RE.SOLVED by the City Council of the City of Fridley: 1. That the City Manager is hereby authorized to execute the second amendment to the Grant Agreement between the Metropolitan Council and the City of Fridley for an additional $6,717. ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1981. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - SIDNEY C. INMAN . N� � ��►� Na. ��3� 10 g �� r,gJ�T 11GR�I�NT gETWEEN T� l�TROPOLITAN CODNCIL )1ND TFIE cx�r oF FxinL�r WSgREAS, tlsa Matropolitan Cout�cil, h�reinstter r�fsrrsd to as the 'Council," and the , hsrsinalt�r zsfetred to as tbe "Grantee," hav previous entere No.� 7S37nt aqr �� MAtl �n al plaani.nq assis 97ggran�t.�e�� ontan Mo�ua �il,Contract , 19 • an pgERE71S,the Council haa a�rarded S 6_71 ',' in 1980-81 qraat iunds to t!►� Graat�e trom funda appropriat�d by Mi:saesota La�►s 1979, Chapt��. Section 16, Subdivision 4, tor ths prsparation oi its compr�h�aisivt plan r�quir�d by th� Matropolitan Lanid Plaaaitiq 11Ct: aad y1SEgLAS, tls� Graatee baa made a LimelY submissioa of its coapr�h�asive plsn to ths Couacil. Dtptv THERE!'ORE, the parti�s hereto sqr�� tbat ths aba�s-=ef�r�acsd agra�msat shall ba ameridsd in the iollowinq particulus: ' l� paraqraph lA is amended to r�ad as tollo�+�: ' i "The Council shall pay to th� Graate�, ia sccor�ance with tbe sch�dule sat forth b�low, s total qzsnt amount o! S 20,431 Grant iunds slull be mad� available to the Graat�e as lolloWS: q 12,343 in 1976-77 iad 1978-79 grant tuads paid ps�viowly upon axscution o! ths oriqina zqream�rst aad subs�qu�t interim amaadmmts% - Couric113o 1 t e fundid portion9com�pl�ticalr�po�rtsQsubmit �d by�thasGrantee purs antutoion by the paragraph �B o! this aqrem�sat; S 6,717 in 1980-81 qrant tuads ar� to b� psid in the lollaring manaers g - upon determinatioa by tht Council ti�st etie Grante�'s plan is ad�quate toz re iew; 5 2,6$7 npcn z�c�ipt by ths Cotuseil of documsntatioa that the Grantee had adoptad its compzehaasive plan vithin aiaf mcnths �it�r Council r�vieu►, including r�quired modifications, it anys S 672 upon submission oi th• Final Proqress Report.' 2. Paraqraph 18 is ameaded to read as follovs: 'The Grantee certiiies that of the tatal actual eost of carrying out the work program, no mr�r� than 75! �Aall have been finanesd by qrant funds awarded by this Aqre�ment, and t2sat no mcre than 100' •hall have been iinanced by grant iunds awsrdad by this Aqzesmeat plus grant iunds from othez sources oi financial assistaACS." 3. 8araqzaph 1D is aaiended to include th� lollo�rinq: "D. The Grantee agrses to cotaply with all provisions of th• 1976-7� and 1918-79 Grsnt Guide- lfaes assd the 1980-81 Grant Guidelines, as �meadsd•' 1. 8aragraph SA is am�ndad to s�ads - "A. Duration. Ths period of �zant award sp�iiied hereia thall terminate as et tr►elve moaths fzom tlie date the Couneil completes its revisw oi the local unit's oomprehs�sive plan, or upcn submis�ion of the fiaal progress report, whiehev�r comes first. ]1ny r�nainiag qzant funds awarded to the Grante� by this agreffineat that have not beea disbursed as of that date in accordanee with the tersns set forth above shall revext to and blcome part oi the Council's local planning assistance tund, snd may be reallocated or axpended by the Council for planning assistance to other governm�ntal uaics.' , Exc�pt as hereby amended, the provisions ot the abovrreferenced coatract shall rasaain in iorce and eff�ct without change. IN wITN�gS$"�HEREOF, the parties hereto have caused this Amendment to be executed on this date of . 196_ I�TROPOLITAN C0�7NCIL APPROVED 11S TO LEGAL FORM AND ADEQUACY Sy Eugene raae ett Executfve Director o ice o Sta ounse � Sy Title: , f_i tv M�___ ana_n�,c�r — � � oF _� �IIaECTORATE �7F --�PUBL�C �A/ORKS .�:::. �ATE ` , �� llugUSt 5, 1981 �ROM '�.P.W. �ohn G. fl ora, Publ i c Works D1 r. iUBJECT �Request for State Aid Funds for East River Road I�rovement Project , 11 ' MEMORANDUM TO ACTION INFO. Nasim M. Qureshi, City Manager Me have a� cooperative agreement with the Anoka County Highway Department to pay for a_�ortion of the construc�ion costs associated rrith the im- provement of East River Road between 61st and 64th Ways. Since the im- provement is a State approved awnicipal project, the City is eligible for reimbursement for its costs from State Aid Construction Funds. The County's estimated amount af City contribution is �74,7�0. Ne would anticipate the City expending an �dditional:�2,040 in engineering and related project activities. The attaci�ed resolution r�quests �76,720 be provided to the Ci ty for tfii s State approved constr.ucti on pro�ect. Recomnend the City Council approve the resolution for submittal to the Minnesota Department of Transportation. JGF:ijk u 3 '•Y r��''� . . -. . . - . . . .,_ . , .. - ■ . . ,u _ �v'.° "`t"'_ �t .. �e;� RESOLIITION �0. � - 1981 � xESOLIITION 1PPa0PRIATING lSIINICIPAL STATE-�ID FIINDS TO C.S.A.S. OR T.H. PROJBCT Y�REAS, It has been deemed advisable and necessary Por the City of Fridley to participate in the eost oP a construction project located on C.S.A.H. No. 1 (East River Road) �ithin the limits of said municipality, and IiHEREAS, Said construction project has been approved by the Department of iiighways and identified in its records as S.P. No. 02-601-23• NOW, THEREFORE, BE IT RESOLVED: That we do hereby appropriate from our Municipal State-Aid Funds the aum of 76,T20 dollars to apply toWard the construetion of said project and request the Commissioner of Highways to approve this authorization. PASSED AND ADOPTED BY THE CIT7f GOIINCIL OF THE GITY OF FxIDLEY TSIS DAY OF , 1981. ATTEST: CITY CLERK - SIDNEY C. INMAN � 1rilY0R - WILLIAM J. NEE 11 A s ugust 6, 1981 CITY OF FRIDLEY 6431 UNIVERSITY AYENUE N.E., FRIDLEY, MINNESOTA 55432 Mr. Don Bill Midwest Printing Company 801 - 9th Street Southeast Minneapolis, Minnesata 55414 Subject: Letter of Agreement - Fridley Well Dear Mr. Bill: TELEPHONE ( 612)571-3450 ihis letter serves as an agreement between Midwest Printing Company and the City of Fridley for development of a potable well within the City limits. Midwest Printing Company agrees to pravide the Gity of Fridley, upon occu- pancy of the new plant, a total of $75,000 for investigation and develop- ment of a well. The City of Fridley agrees to provide 50-55° water at 55 psi, 24 hours per day to satisfy the needs of the plant operation located at 5101 Industrial Boulevard. Based upon the contribution of Midwest Printing Company for development of a well, the City will a11ow a credit for water consumed over 200,000 gallons per quarter. For the first five year period, a credit of 41% of the current rate will be applied. Prior to the corr�nencemen't of the sixth year (1986), a review of the water consumed over the past period will be made. Based on the determination of contribution remaining, a new credit rate will be establish- ed for the next five year period. At the completion of ten years, this agree- ment may be subject to renegotiation upon mutual agreement of both parties. It is understood by both parties that while a new well is desirable adjacent to City Well No. 13, the actual location will be determined by investigation, environmental and economic considerations established at the time of explo- ration. At this time, exploration action will not be initiated until appro- val is obtained from the Minnesota Pollution Control Agency and the Depart- ment of Health. Your sin�erel�y/, �-� %��— OHN G. FLORA, P.E. �Public Works Director JGF:i jk MIDWEST PRINTING COMPANY BY --- Date CITY OF FRIDLEY By . �ty anager WILLI J. NEE yor Date � -� ' 13 1d''� �`�i F'.OR C�NCUgRCNCE BY THc CIT`( COUNClL - CLAIP1S Ausus-r lU, 19d1 � - CLAIM NUf�1BERS 204803 - 219601