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01/12/1987 CONF MTG - 5047� � CITY OF FRIDLEY CONFERENCE MEETING JANUARY 12, 1987 7:30 P,M. 1� TRUTH IN HOUSING Z� UfJIVERSITY AVENUE CORRIDOR PLAN 3, STAFF UPDATE ON LAKE POINTE PROJECT 4� MISSISSIPPI $TREET IMPROVEMENTS 5� OTHER �� . � � cinroF FRl DLEY COnIiMUNITY DEVEL�PMENT DEPART1Vf�ENT MEMORAN DL[M I�ND �D: Nasim 4ureshi, City Manager A'�ND EROM: Jock Rnbertson, Cb�►imity Development Director '�? _ I�ND I�TE: January 7, 1987 R�ARDING: Truth-In-Housing Proposal Under eeparate wver the Council and you have reoeived copies of four other cities' truth-in-housing oodes, a o�g� of Rhonda Peterson's alternative plan amended January 5, 1987 and Darrel CLark's sutunary analysis Zhis packet has al�o been forwarded to the follawing resource peogle who have been invited to the January 12, 1987 meeting: 1. 2. 3. 4. 5. 6. D�vid Newman, City Attorney Q�arles Johan9on, Realtor/fonner hane builder Dor�ld Betzold, Chairnian of Appeals Ca►unissior�/Attorney Nery Ingaldson, Assist. Vive President, Fridley State Bank Rita �niels, D�uit�, Insuranoe Campany, undezwriter of housing inspectors Debbie Ann Croteau, Executive Vice President, Anoka County Board of Realtors JLR/ch► M-87-5 ) � � MEM� �: Jock Robertson, �om�n�ity Developnent '' strator t�lEND FROM: Darrel Clark, Chief Bui.lding Official i�t�+p nATE: Deoember 31, 1986 RF�ARDING: Prop4sed City Ordinanoe on Truth in Housing �ere are presently four metropol itan oommunities that have adopted some form of truth in housing aodes. �hree are inspected bY oertif ied independent evaluators (Minneapolis, St. Paul, and South St Paul) the other (St. Louis Park) is inspected by City staff. In all four of the cities, the Housing Disclosure Rep�rt must be completed and be on the prenises prior to the sale of a property. In St. Louis Park the ordinance incluc3es all structures; including industrial and oanm►ercial. 7he c3eficiencies on all bui.ldings must be corrected prior to sal e or a Statenent of Intent to Comply must be sic�ed by the pur cha se r. Th i s agreenent must be approved by the City prior to sale arxi have a date indicated as to when aorrections will be aompleted. It also includes Zoning Code site impravanents. 7.hey have a�eparate staff to ac�ninisker their program which does require a lot of time and expertise in its administration All four have mandatory housing coc3es, haaever the three truth in housing communities do not use the truth in housing inspection reports in their adninistration of the housing aode. All four have a oommission or board to hear appeals about the certif ied evaluators or his/her reports. Minneap�lis and S� Paul have a written examination that any person must pass prior to being oertified as a truth in housing evaluator. The applicant must pay a 525.00 examination fee; then if the person passes, he/she must pay a $50.00 to $60.00 annual fee and show proof of insurance prior to becoming certif ied. A f iling fee of $10.00 to $12.00 for each report is paid to the City to oover the City's acfiinistration v�st. All of the itens �valuated are only visually inspected and no concealed spaces are checked. Zhe rep�rt is oonclusive in these respects. �he f�mctions of all mechanical devioes are not required to be included in the report. 7he oast to the seller or their agent runs f zom $35.00 in St. Louis Park to what�ver the private evaluator charges; usually $60.00 to $100.00 in the other three cities. Rhe Gity of Fridley has averaged about 300 sales of used housing over each of the past three years. Assuning there would be about 15 certified evaluators, it would indicate an annual oollection of about $4,000.00. An alternative plan to truth in housing has been rough drafted by Fridley resident Ms. Rhonda Peter9on and it would not require City involve�nent in its adninistration but it may be difficult to monitor its oanplianoe. It requires a seller to plaoe money in escraw ($1,000 to 55,000) depending up�n the age of the hame and nunber of previous vwners. 7be escraw vould be drawn upon for a periacl of one year if problens arise after �e purc�ase of the hane. Zhis systen may be _ Truth In Housing Memo �age 2 difficul.t to adninister if a pro4len arises that would be controversial as to when the pro4len started and as to whether or not the seller actually lied in filling out the form on the o�ndition of the property at the time of sale. It appears that it may invalve the Inspection Department if probleqns do arise to give evidence as to the possitale time of oo�mt►encesnent or cause of the prohlen. An article dated Nwenber 22, 1986, in the Minneapolis Star and Tribune, goes into the question and liability of suits aver sales of used housing. The last part of the article is about the State of New Jersey, where a superfimd has been set up at the State level to pay claims up to $10,000, but only after the buyer has obtained a judggnent against a broker. ?laenty such payments were made in 1985 and an additional 62 are pending. Any ordinance acbpted tr� the City must be cazefully vonceived and will require a full commitment by both the elected officials and their administrative personnel. Same of the ooncerns and questions we must review are: 1. What protection does a buyer presently have without a specific City ordinanoe? 2. If the City acbpts any ordinanoe, what resp�nsibil ity to the buyer is the City financially resp�nsihle for: that is, if a suit arises, what are the City's oosts as it pertains to insurance preniuns and legal representation? 3. Would a buyer get a false sense of security? 4. Will it improve the City's housing stock? 5. Will it only raise the oost of the purchase prioe or would the value and the marketability of a hane in Fridley imprwe? 6. Would life or injury threatening prohlens be oorrected before the time of sal e? 7. Will the revenue wver t3�e oost of acfiinistration? 8. At what level of goverrment or v�ntrols should lasas be administered and who should be responsihle: that is, City, Co�ty, Metro, Statewide or National, or are other laws neoessary to v�ntrol realtors? These questions may be only a few of many we must review. We are sure many others will surface at your meeting of Januaty 12, 1987. �is meno is not intended to be biased one way or the other, hawever I can assure you if the City acbpts r�ew legislation on this matter, we will adninister the progran with as much expertise as possihle. DGC,/mh � CMtlwe/ tnm Wtt 13 aU e:lple� �nd polentW detata Uatll tRe Easton a�x D�oten and a`enta rere cronsfdered liable oNy If tGey knew ot a dengerom or costly- t�repelr conaiuoo and talted w teU tGe Duyer. 7�p��. issues ot Oeslfos only wfte a�ents covered Dy 11aEYlity Insurenee b eitremely delipte, anG wme real- ty people src reluctant a dixus il RelaUvely tew real estate licenxa tn the counlrY eave Drotessional lia- pU�q �rouraoce. In Ner York New leney and CaneecUCU1, for exemple, ooly 10,000 of more tean 350,000 Ifcenxa ue De�kvcd ro nsre suce protectloa Maop Is tn� InUwtrY aY Nel tIIe CalltornL a�a nss uus� t�e nung ol s WYaard of nuueMe sulis Oon Aer1n� oo ertor000. 5pme eapery say Ner YorR NeM Jeney eod Penasylvsnla, which havt meoy hazardous-chemieal dumps, are litety to De tRe ae� Iltl6stlon largeb. Indeed. lome su4b ot mu wrt nave alreaey neen Oled agafrot broleen lo connecUore wlt� tne sale of homes near a to�awaste siu in SouW rerser. Smita. we Euton'a �porneY. ssW u raur wu • conwa+er•rlgen we ^because it ma0e Uear that every protes�ooel agent Oas � duly to W4 buyer m maYe a reasoeable tnvestl- gaUOn of tLe DropertY and difcio�e wMt the invatipdoo s0owed.° She naee teu �vimesa m tee ease pa4 testitied Mat Uie lane lu4 set- Ued several umn Detorc We Fastons bougbt tee bouse aad eeat any rnm� peleae InspecWr would �ave touod tGe D�operty potentially Voubla w�qe. Wd1I! Mw�s Ot mOdial mslOwetles a�a m� ie.�wtn cc �p.ans u v�o- tisned almost da/iy. Droteaional malpnttice imuranee.fn ral anfe wss Iittletcowe unUl Ne f�tton cax. Iq the fnsuranca InAUStry. auU coverage b genenlly tnowm af "en [as aad amiasiom" and outside :eal atate it la wldely w1A to wM Drotes sioeW rs eayneCn and �rcAitKb, Y�lII 8! t0 b08fd3 Of df�lCtOR 0f corpontlom and p�ilantEropies. Now, ssy phntlpab In t�e Eafton �rax, Droader knopledge M We exts � teaee ot sucn imurence ess Ied w s ar,meuc r�x m a��a n�ee asa�mt resl estate brokan and agents by Euyers weo aile�e misrepraenfatlon or neyigence. Many save Deen Ned on me wat Cwal WcOard RosentGal, praldent af tEe � Callfomla AswclsUOO ot Realton, ��. sald tEe Qroup "IS extremely coa 8ut CorcY Bnnt RsDfo, a NeM Yorlc resl estate tawYer. polnted out Nat sultt sgninst Droken tor nonperforv msnce of duty so tar Aave been •'relulvely rue la t�e Nortseast" °Jyp papux � Eroker 4as IlsDility covecaae doesn't necessertty mean easc ne mer De lues�a eo oe me �ullry p�Ry aad q�at you can collect rrom n1m.' ee x�o. ^tt couta veu be lAa seller Meo Is eela to be ropom►- ble, all�ougR Drectfce��Y �� woulA be muce eesier a sue s statlonary Dro tcer tLan a moWni x11er. ••lnsunnce may De Important Dut 1t b oaly oae ot seve�Sl measura ot ■ brokerf deaee of raponslbWty snd thw typa o1 orgaolratloo pe npr� xoh." Ne elfo Nted �a quelity ot tGe proy eRla tEat t�e broker Ilsts. Eb repo- ts�tlon la tLe commun�cy snd tea Ienale ot pme he Qas beea la busl- aes n^otner taceors teat me ouyer might De Qulded Ey besida merc Inwronee covereQe.' Deobie Saatucc4 an atticlsl ot fae BerteotoaRowland Corp. 1n New York aoe of tIIe Nort�eau't meior provWers of suc� insurante, seld that raqidly rlsirtQ premium cosb �ave led many broken W drop IlabiM Iq toven8e aad tAat some Aenb aro rcfusit� to ded ait0 unlnsured litentees Io me case or me Fsuoas, two montns sfler tney bougnt t6a 5250.000 DroD�rtY — • sprawling toYl-0ldfa0m nnc� Eome wilh jYeSt Roux anA swlmmin` pool oo a �IIM � s10e Mltq � swmepir� vfew ot DlaDlo V�Ilay — lEe 18nd s�arttd t0 buckle .na creew A numper ot u.rsula easued fovd+�' ' In` t�e Eastons, t�e tormer owme}, two contncton, tIlree rwlq compa- olet �nd xvera! lasurance compe- � oles. Yeus ot rnmplex tttlgatloro tol- lowed tMt evenWdly raulteA In t�e en�etmeot by Ne CaUtornh Leslalt eure a s-rw tAst took eftett Wb Y�• i . seven� �munaee maa�tn � ap� a New Yoet w�s dw W P��pWO, u mt me hd. teat u ooe P� u. "New Yort Das Rl�er a�ws �ne moro creauve Jue�e t0�s mo�t a1RV statri' yoryaf, w0o b m�na�e* ot tae W'd ress�oou u•ewq aew�en� u geetaoWwRowland In Ne� York gfA, °Ralwes more tEas la�yefl ►oot u tee prfa ot premlums sod QouR realb Wnle ot meir e:powte-' See oolad teac Dnmium cas�s eaw rua. se.rra m m! tau te. yun i� �ppt the amwl D�enllum tor a , f� .++uo� v�� e�eclns a t . i<OQ10�4�b0111:6.�= _..`.-:_> Fieeutiva W Ne Natbod A'oeit- tloa of Resllon In fSlesgo �p��d teat me dltncvlty in B�mN � covera8� sod me neeC tar U ur �reWn�ly t4oroy uwes 1um uown, �ee moet.noo'� W« prnident ror legal atfain, ssla tee �roup reprcseots 100.000 rcdeatale COOI.Yflq. iDOY{ {S.� Oi wh1U ![� tovved by e�ras end omitifaot pW� iUea cerned about tEe arrorandomis- fiom crW�° "We wpport comD�ete dlsclosurc of deteets tn s Aome u reQulred by u.; • ee sa�a °However, tLe uncer- Watln raulUn{ trom Easton save led W auay Mvolous Wlms." Stepnen Groome, We svociatloo's xoiw couosel, added Nst "ISe Wul of csxs resultlo� from Eatton Wee tR! fOrm lQet N! (ealestat! eg60t IA question seould by Investlga[ioa pave dlscovereA and dtxloxd Wat a problem c:lsted �itL s proycrty. not teat eiWer mat aemt or me oNOer actuelly knew tAat a problem really OZLSIld.•• M1t0ee1 Moae{s�4 ��ant vk� praWant ot the Fnmoot lasunxe Group of las MB��rs. welee wu Involved lo Easton coverste, uiQ "We've takm � b�te beause of Eu- I04" e! Slid. °V E�ltOn M!f! In plaee sl We Ume ot Love Gnal, tDa fint DI{ htt roWd Esve Deeo 41cen Uy t�! real atate Drokers tEerc.° Mons{��n sald Fremoof, wbicR rioppeA x111n` real abte IlaElliqr Imunace two yean ago, nas a Gack- lo{ ot aimost 2.300 IsMwfu "due mainly to l�e pubilelry ot Easton snd l6e !tflCts ot N! 'Greative ttnanetor tpat was nmpan[ in the Industry t te. y� �. "Now — seven years atter tEe origM o�l F.aston decuion — re'rc stW �ettin` a vemenduus oumber ot Iew- suib comYnt 14 oe sdded. And otEers say We legal hUout !roM suce cases b Eound to touce me eastern seabosrd, wtl� dumpine of Wraraous eeemlW oatta tsa maat Illcely Ltisua. � Frederiek FlsEer of Tornoee, �Callt.. �n e:Dert la [Ee titld ot elalms adjustlng �n rcal estate and �ut�or ot tLe Doot "Broker Beaare�" � Wd teat "It If oolY ��tter of Woa belorc slmilu wib starl oeeuMoj � e{seveerc in We country. pro�aE�y In the NortLesst lovo�vint ndon eoo- � hminttloo.» It repWref a se11K b ComWe[� • ON itlonsd hduetry e�e�M. wnasrdl�ea etxlasure rorm ae4U- wno eie eot waat to be otnerwite In` pocenual o�mcutna .1m na �,�, ,� tnae puwuq tao�- ppuw, Includlos a t0eck11n ot hr � OY �oa �od easa Itke It Sn epcctlom W fuM tYWe�l Drobl�m loueased We IIkNiAood W latsults. arcas tl�ppl4nca. feWe hnk�. A� ooted tOd le t!e lau 5eversl noacoda room sdalUons, xttllos, yee�s s fe� a�sn slmils+ W Eadao seep�e sad tsndNl ireat :'Ge 1�� p�,n ��kp 4 In0lMdual adt Ilaua � Droker's respons�Dillq b �� Wa S1 miltloa, r rWl pn Oe xeu Ie � vbual Intpea . ... .�_ _, - �.. �.... . qoo ot accas101a arca� ; gipe�y �p ertotl�endomLVioas to- pufpt! tlt0 pO101ed OUt IEeI DftmF ••Eas[oe." n tne tase b nortullr yny tor sue0 eoverage 6ave rLsen celled, wes f1na11Y settleA w�m tLe �parply sfntt NG tirri EaStoo dKl- Gli(ornk Suprcme Court up�eld t6e pon in 1979 and l�at maoy lawranc! �wardlos ot morc tAan 5200.000 In �� p�va nopped ofterUy - damages to t6e Cuyer, damag�s tdet � Pp�yq�y K�py prya, aerc krgely pafd tr) We Insunnce company tGat wu Eeld tiable tor p�po�p g�k � WK prcsideet ot eoverfoj oue ot Ne real atate toe� �pe Real Fstace BosM ot Ner York cern� f�W mmy broters In We meUOpo1M " yp arp "sl�etn Dealtn dOMp by bole tLe 4ck ot a�alla�lltry of to�erage �ed tse eigd cost of prem�ums.. emcos e�wnea w.e many woten Eave Eeea rctused eovers`e Ey la wnnce compaWa eeeause mey do more Wsn seU propertles. Some are �nvolved W land devdopmeN. N� mao�eement ot property. 1�e Dulld� lo� ot eoma ana oteer W1ed eueM naw t0at Wv! Wttr Owo rlsb. It b Aitflwlt to proWdt nmbrcW cover Y�. oe salA. - 8e focaa� dansers tOr tne [ta1 er ht� fndwtry because commos �tax feyt Wat � broker anY De an enqueer. a tofb speclalbt aod �n ueniteu — M b ooc au-taow�o� ot all WinO.• Tee F.suoo mse aLw da� rctinNed a dlspute beMeen �La real atate and Wunau mauswa ovv me nad tor erron-andomisslooa poticfa. Linton end oNer otficlab ot lhe Nt Uonal Associauoa ot Rea1Wn insift tLa[ wte rnven�{a b ool necewry. MWym D. NaN, �s�eutM vb� peesidtot d t�! se�ot4tlo4 nafN tid 1Ceototty W saatled k�tY! tla� m�ed�tlss lOt� I�Nnnet. � .�..�-�.�� CrarWalt—t�e7woat' _.�..,. .. ! Af ro me oeed rw Aau�V oo�r wtts • broker eovered Dy w erron �nd omis�lom pollcy, NoAR Ins� ILat R b oot neeassry becsux many eroters are xu-inwrea ana aners are eoverod Dy recovery pool� ln auuy ftates. '[�ae poolf ere eonr poxd ot Nnds coliected trom rcal rafate broken e:presely W eover Woef wifL1Y W! SfelR Neo Yort don oot eave suee a pooL ComecUCUt sad New 7erxy do, but rtulniy W proteU asainri outrl�Et hfud, we9 u tEe �LeR of NnM han sa ncrow �ecouaC nmer tesn lo rcp�y mejor judgmcatt Wat mi`et Iwolve mc tohl cat ot a eoun. j0a New ltrse� xdl Fstata Cwno- n Fnea. ror es�mpla••• vw�a lo res+s a� .oa r nwndmee e� me su� traawret �nd •w^•� �•r•rcA rJ t� Ne� lersey Ral Fstate Com�qis siod n r mcmaee ro mac a�oe=a tac tr�ud �sauw me mJnred party !e m�41! IOalO�1lCt tfOm Up 010� m sources sat aam.ges .ro umuea a sto,aao� '('M Nnd coenlm tl mil4on �nA b puiOhinM Dy psymenb im0 fpy14 wnts tor rdl atate Ilcemea D�M BeU. W commlmloeY uecu- nw a�nctw. sua teu wr�nu �erc made to 20 people Wt year �eA tet 82 caxs ue penain�. He eipLioad t��t an lajured wnY must oEtalp � judpnent apfnri � Droker, prove Oe vss unaDle W�o�leeC tLeo �et � tourt ordu tw D�Ymeut trom ma Nnd. 3a��..�� i ��{ a � °' °��o ei °�i �_ .�a;� �a A+ si�1�3�g y�A _ �. ��O��f�� O . ��'SP � . i � M n' a� s — `6' o� �'R �+� s� �/�� 3�►?R�3e'� 1i/ � ��"� a.tT � #a��,�� •� = � :L��as�. e !""f' � " s �! �€�Se'$ g�. �€ �e�g��` � � �� sgQ �� '�Q" � � � � ..� �,, ' �• �, , ��e�3$a __ _�! �/ ��N$ �aa�c �/�iI °oS w :�..'y� i� spea� �nn�� Y/ ��'� ��ce � r� �3zx °� ��Q �'�� s��R� �i � e�� tp- �� E=" �s�� - ��'�� .�: C � ��3� =�a (� � s��c �� (� �X S E .i��.rs5 2n �• . �� go O q e .. n � �g � � � 4 �< g. �s3� �� N e 3 � � ��4 $� O . - �r� ��aer�veeva.e O ,�a�aona R��_� � "�aa�pa� � $�3�s�Ra�s- v'Q�y�� vg� �'1 j��NO�� loga�gs;r �A �I W �g�g��g3�g � � � � � as � .. Mc � �$g�'��e.l�sa O � ��e. $�� g�� /� �°$� y1 VI � 3 6s� � v� i 8 g gr. a : _. � �� '� �-�e� 3g � .. . ��4si.... g� . �, _\ �` � .<, �� „i � � � � � � o\ t \` \ � TRUTH I N HOUS I IJG AN ALTERNATIVE PLAN Submitted by Rhonda Peterson December 12, 1986 A�,�..o:.0 1-5-5'7 1. � 2. 3. 4. 5. CONTENTS Introduction Why Fridley? An alternative ordinance Additional information Summary INTRODUCTION , There is more legislation, regulation and community awareness regarding the sale of firearms, controlled sub- stances, defective products and harmful toys than there is regarding the most important sale a consumer makes in his/ her lifetime. Ccnsumers are becoming more aware of this large investment. All consumers are becoming educated. No one wants to make a bad investment. There are classes available to consumers sponsored by many real estate agencies. These classes are to educate the general public regarding financing, rates, equity, the real estate sales process, title insurance, the affordability and the point system. A single family home is a dream home for any consumer pur- chasing today. The reasons for buying a home are as follows: EQUITY, INVESTMENT, PRIVACY, COMFORT, PRIDE and TAX ADVA�TAGE. I would like to add one more reason to this list, COMMUNITY! In today's real estate market place the seller seems to have all the advantages and the buyer has very little inform- ation on which to base the greatest investment he/she will ever make. This is changing. California has enacted legisla- tion to protect the consumer. President Reagan has signed a current bill regarding housing, and the State of Minnesota has worked hard to follow suit in enacting the Truth In Housing. However, at this time, the Truth In Housing Act is only a recommendation to every City. This may change. It is devastating to a family to buy a house and discover _ that it is not "fit for a particular purpose" Uniform Commercial Code, livability. Why? Who's responsibility is it? Who will help them? Is there no law? ' � I have studied this issue for the past eight months and realized that no ordinance that the City of Fridley enacts will solve our problem. But there are problems. How can we kork together to enact a safeguard system in order to insure all parties have equal protection under the law in Fridley? It can be done. It will take time, effort and research by all parties involved but the outcome will be a better community in which to live. I have outlined a program in which equity for all parties involved in a real estate transaction is of priority. The alternative would be the enactment of a similar Truth In Housing program as outlined by Minneapolis, St. Paul, South St. Paul and St. Louis Park. I urge the members of � the City Council to enact SOMETHING to protect the citizens of Fridley NOW. 1 --- ,_.__- --- ;�: � �, . _ �:i , t5- � �� x. �. �� r a t �.r- .. i` . � �'+ � - a �-' � � • ._A� *t.. j Y• �,��a''.' } ) �� i'i�".�r � • � �-k!" �� . = � � ;♦ +�$ Z-e�i� � 3.rci "'i ^' a r S ]� ;!'ir�t �i�tac�a�,roaid t�tructed from Potnt bou�3ss � t '� Y -;�' :�lls, �ad oa uq to Fort RipkY• � �> ;`� ¢ ;:�'��•��'� ''� � , . �� .�'�: , j�4 _ l�eiriy b��t�tbli�ed �ct+oss Mi�fsafppi. River oear,�oad. '� �,;�< �'�:�i��''��"� °� , r.�. � r , . ._. �., i �...... �. , � =: , 1�f6� Mim�'; grst governor, Alezander Itame�ey, bou�4t P��d� �.. i- , � ,.,� ' becoaAln� one � Fridley'a Gnt land ovme» �' ° �€�, ' ��Y tL : � � : � �;. � .(1� � Building boocn �began in Minneapolls and otiUyin� areas wl�t �es�d ni �vil War „� . � ;• and teturn oi M�sota's 25�000 troopa. .��. '• . ` ` �"� � "° �, � . •' : D" r , , j t. :! � r. . 1i'10 � MaimOS�en gt81'Ited St8tu3 of tOwnshlp. �� ''.ya . �• ' :.-.+w, � `-�s�+ w�: • „' :� � 1s71 F1our mill, atarch factory aad Mehnomen Hotel•b�ailt.. � �� .. �, _� . . . . , -. . . _. .. ,•..Y_�a U79� Name changed to Ftidley acf oi Minnesota S�ate Legislature, oi whkh Abranc� m M. Fridley was member. �idley's family had beea iirst to mqve into MaAno-, .�. , men. . � .. `� . �`�. , . . , r . , - - � ,., . . �� . iR�G Natbnwlde depttission Wt. Land values plammeted.as Do�n�t� f�ctoti�i;.':.� . were abanda�ed. .. , . . . }_: . . . • � _ . �._ • ..; Lo40 U.3. Cenaus listed 747 resides�ts in P'tidley. During late 30's and_40''s people: ;� � started leaving the dty and moving to mocE open aress. •. :�.: .�• .:: :� r .. . , � . .. ., .. � 194E Fridley lncorporated as village. First mayor waa Carti;artrnan, wbo alsp ��:' �' - aa first poliee and fire chicf. • �• : � � � �- .: . � , �-. � A- : ', 1957 Vllla$e be�arpe dty With mayoc�:d�t�Ctl govern �i�t '� ,� y�'= �,-- f+ s Y> , , .�:-, �,•. � � . . .., > ,' . r; -. _ 196o With aver 1s.fl08 residents F'ridley hsd qusdrupted i95a po�ulstio�.��. ,.�r ,�, �, � ,� ��`l + :1' 1965 PYidlel► rani�ed �4th in size of ail citfea in Mir�neaots. ''' �•�•�,� �► �lrw �•.• � k •r�� EE a �,°rt1 �:t � f�-�� , a; �. � �.'+n �. . j �. '.v; L O..FM4�i 1-�.t4+,Sf',� t0� •D�;�r'. 1965 May 6: P'cidley IittraUy dtv�stated byrfl� fornado�; Vndec�'a�ere?��' % May� Bill Nee and countlest eopk heiping tluongf� a� weei�� months oi rebuilding� Frkiley agapinbecame a proapera� `�,,��j +; � . . .. �r �; . �v: _ ..�-.r, �,,�h�� t + . .�� 1� � � gS � 7• T ,� �- . � ,�.i-�`�, �4�P��` S �{'��fetiy~. �� .. � }.�*.g.p' � � _ c "llxil` y � �K i'J ' .�' i �'�� }4 � � � r t?�,i .t�� w� x: I. .. ys e,�., � � �,.. . � 1 , {.f�, . t i. 'x'_ � ,�.<. I� l : ' "R'rr t �' ff ' �'�s . ��.,s r� .. i, �4,�•� •'+?�?C�: ax �- i,�y ^ ,s � . - M� r. � ''�t, 'C �x..��,_< � �p.� !- *y ir,�� x j�1S' �� .�. �'� �'"_�� .'-� � �' °`� �� `�' �k j^� s�'','�K x ' 7F� '�.�� f - • . , ; . � � . -i� . � � � 1 +�i : Z. r a. LL°' �,{ � Zn � � �,� � �� - L, 'ti . �� 1� L�4t�. -� r�'l Y q,ry�. y -w q� %CSv � n �� c ' � . : A1Y, ci•.0 r �,. S: . . t, f. � {.. oC +.� � Y � . �c+rg�,_ -A 5. �-e � trL' �11 '� r_ y .? ''1 � + t��` 51+ .�"i:('�.` ��.�i��y\=�L�_�i' 3^`�,T:i*' ��. .�^. '�•:, 3 T ,� • i �{i � �..�� 2�'. � .�F� !7+�� ! �',}'ii�'+'{�.r►�t�)!". �.�.'�!y"Alyi�} } f- '`} : � ' , - � �Y K� �. �'L�a� l � 1�� I(� � �'; � - � .� ; ...`i-! � � 1t '��-:�Zs �.�! 3�,+i��{� -9Q � -t,'�e'�` �. � P- '' ��. a �� t�� Si��j;�` ��• +� � �"fir,� � ,�`"�` X�' 5��,�5� • �� .. � _ ': - ��,�� i yw �.�' . `w' o " ` . �: •f. � i �y � y �( �/ ✓� i ''�`.�,�� t1+�ei1�'K�.1 } �� e i ; y.�t. 4�t� '��.. � � � ' �.� .- �-Y` � ,�3j{ 'lyc�i � r� � `�. � '� � v ` � 'h�2 �Y�` � �t,' f��.�'.':i'�� - i a � `' t ,., � �,yw.': c t3� :Y: �i •:. < ,� • : � �,+. � fi':: i� �� n.. � �2ay.� �' t.`�''�. t i•�� .��F � wiLi�`�.�C. '' �.'� 1�`�i.� �` �iF. '�:. �.� '{�'sY�+�.�� `'�. � -l.� r�.� �� }' 4�tJi� j : "- �. � .�.y'..:SS � y sti:,=y SZ 'AY . ` . • . . � _ y r. rM".4A �l�., �-�4��t.='1��!'��i�� _ _�}1': ^'�Ls � 0 �fR1�1011 � �G :� ' .S �. . 1 � WHY FRIDLEY? From the research that I have gathered regarding the City of Fridley I understand that part of the City was farm land (pig farming) prior to development. The City was developed in sections making some parts older than others. At one time, Fridley was considered the furthest suburb north or northeast of Minneapolis. The ages of homes vary with the time the develop- . ment occurred. Some of the homes in Fridley were built prior to the incorporation of the City itself! While there are many new homes in Fridley there are also many older homes among them or in certain sections. The basis of enacting a Truth In Housing ordinance can not be argued on the age of the home alone, but whether the home has or had problems. Most of the City of Fridley is built on sandy soil conditions. Some of the Cities homes are built on wetlands. It is imperative that contractors take this into consideration when building. This is currently being done. For example, the multimillion dollar project that is being built on the drive-in site has spent most of the summer and fall moving soil from one position to another in order to support a structure of this size. No contractor wants to build and sell without first checking this most important condition. Has this been done on all housing in Fridley? Not according to my research. This research is based on topography reports done in 1959 by Suburban Engineering, but can not be revealed in this paper. The City is more knowledgeable regarding soil conditions than I and can report on this further. � 0 Fridley was also devastated by several tornadoes in 1965. The rebuilding of several homes were done. In many instances ' the homeowner was faced with rebuilding more than their insurance coverage of their home. Inspectors from everywhere were over- worked as this "rebuilding" process took place. Some records regarding inspections done at this time, do not exist. Fridley worked together, neighbor helping neighbor, to complete the rebuilding process. Again, in 1986 Fridley was the target for a tornado. Some homes experienced only slight damage. My last reason for an ordinance in Fridley is because this City is similar to other cities regarding "do it yourself" homeowner projects. Many people do not take out the required building permit or use a qualified contractor when doing some home projects. I can not assume the City should be liable for something they may not know about, nevertheless this is being done due to human nature. For these reasons I contend that Fridley endorse some type of ordinance to protect the home sales in this city. m .� AN ALTERKATIVE ORDINANCE � 1. This ordinance would not apply to new construction. 2. All previously owned (used homes) would qualify under this ordinance. 3. A conversion chart would be used to determine the liability to the seller (and/or realtor, if one is involved) of property and housing. This scale would be based on the age of the home, number of owners, and an escrowed amount from $1,000. to $5,000. For example: if the age of the house is 29 years(based on the yeer built in 1957), and there have been five owners, the escrowed amount would be higher based on current liability ratio of insurance underwriters for the Truth In Housing inspectors guideline rates. If the house was built in 1981 (five years old) and the original owner wants to sell he/she would escrow a lower amount based on the same scale. Conversion Chart Breakdown: $500.00 per owner, $50.00 per year per age of home, 50 years set limit on age of home, $1,000. minimum escrowed amount. 4. The escrowed amount would be paid at closing and held by a trust department at a bank. 5. The seller and/or realtor would sian a statement that warrents any prexisting condition not disclosed by them and determined by the City Inspector to be a preexisting and undisclosed problem. This would be valid for ONE YEAR FROM DATE OF SALE. _ 6. The escrowed amount would be refunded to the seller , after one year from the date of the sale if no condition on said property are noted by buyer and inspected by the City. � 7. The interest on the escrowed amount would be used to administrate the program and would not be refunded. 8. The conversion chart would be reviewed annually by the City Council and Bank Administrators. 9. If a problem occures within one year, the buyer will pay for any testing deemed necessary by the City Inspector to determine the cause of the problem. 10. If the problem is determined to be preexisting and not stated by the seller and/or realtor the escrowed monies would be deducted and paid to the buyer. The escrowed amount would also be used to pay for repairs required, if any. 11. This ordinance would be effective after one year of informing the general public and realtors of this program. (January 1, 1988 - example) 12. Where are the problems and what kind would be determined after one year of implementing this program. 13. This ordinance would have to be reviewed by the City Attorney, the City Planner, and all involved parties to make it feasable. QUESTIONS 1. How many people buy real estate in Fridley in one year? 2. How much money does it take to adapt a computer program for a bank to administrate this program? 3. Who would pay start up costs? A loan from the bank based on pay back from the program or would the City of Fridley be interested? OPERATION One person would be needed to operate this program. All realty companies would send a letter of all current listings. This person would input data and research city files on property. , ADDITIONAL INFORMATION 1. Truth In Housing law can be obtained b� contacting ` Wayne Simoneau and John Davenport of his office. 2. Riitta Daniels administrates the Truth In Housing for the State of Minnesota. She works for Equity Insurance Company which underwrites housing inspectors. Address: 6568 Clover Place N.E. Fridley, MN 55432 Telephone: 571-9322 3. Anoka County Board of Realtors Betty Ann Croteau, Executive Vice President Telephone: 757-7230 4. Senator Dave Durenberger Housing Legislation 1020 Plymouth Bldg., 12 South 6th Street Minneapolis, MN 55402 Mr. Phil Cohen Telephone: 349-5111 5. Mr. Cohen is also a member of the Brooklyn Center City Council. The City of Brooklyn Center is also looking at the Truth In Housing program. 6. Fridley State Bank is willing to look at this program but does not have a trust department. 7. Minneapolis Star & Tribune article July 5, 1986 The Nation's Housing "Home Buyer Too Vulnerable, Consumer Advocate Says" 8. Minneapolis Star & Tribune article Shelter Section 22 IVovember �, 1986 Easton Case 9. Minnesota Real Estate Second Edition Richard Larson Bruce Harwood 10. "The Liability of Brokers for Misrepresentation", Real _ Estate Today September 1980 Stanley P. Sklar I .� � r SUMMARY The Truth In Housing ordinance is only as good as the parties invo3.ved in the real estate transaction. The insurance rates for independent inspectors as well as City inspectors to admin- istate this program is difficult (at best) to get due to the nuisance law suits filed. A real estate transaction should be equitable for everyone. Because it is the largest investment a person will possibly make in their lifetime, it must be an informed one. There are better laws regulating used car•sales than homes. Homes can not be sold�as is��unless you can determine what as is - is. An FHA inspection merely secures the value of the home to the finance company and in no way insures the homes condition. Everyone has a responsibility in a real estate transaction. The seller to disclose, the realtor to represent, and the buyer to make an informed decision. There will still be courts and enough problems to keep them busy for some time but We, the City of Fridley, can and must protect ourselves, our neighbors and our fellow citizens. The alternative plan needs to be reviewed, but it is a work- able solution to a potentially devestating problem. The City should not take the responsibility of proctoring every real estate transaction but when needed, the City has the knowle�gable people to determine building and structural deficiancies. It is then up to the seller and buyer to solve the problem under this plan. If no problems�the seller gets his/her money back and the buyer has no reason to complain. The buyer has the responsibility to _ find any defi�encies within one year and contact the City inspector. The realtor involved can sell homes in Fridley as always, but will no doubt investigate the past history of the home and will refrain from making any statements regarding the home or property that is ,' / r• not in writing from the seller. The seller can be assured of his/her money back after a year if they are diligent about the sale, and have done their homework! It is a"Protection Plan". If the prices of homes increase because of this ordinance then I say to the Council, turn it into the positive position that it is and tell the buyer about the ordinance. I believe home sales may increase because of this ordinance! It would be an asset to the City and new families moving here. This plan or ordinance can also be called PUT YOUR MONEY WHERE YOUR MOUTH IS!!! � � ,_ > � � .. � � � cinroF f RlDLEY __ _ _ -s. _ _ _. __ C01�/tNiUNITY DEVELOPMENT DEPARTMENT MEMOR.ANDUM I�ND ZO: Nasim Qureshi, City Manager r'�ND FROI�1: Jock Robertson� Canm�ity Developnent Director �. r�r� n�TE: January 8, 1987 RF�ARDING: Su�rmary to Date of University Avenue Corridor Planning The consultant, Barton-Aschman and Associates, worked with the citizen Technical Advisory Catmiittee and the staff aver the summer of 1986. After review and suggestions by the HRA, City Coimcil and Planning Ccx�unission, the oonsultant completed the draft glan in October of 1986. During the month of Novenber, the draft plan was reviewed by all City departments for detail additions and to eliminate any potential conflicts. A staff addendum including a maintenanve budget and phasing reoo�n¢nendations was prepared and presented to the HRA at the meeting. �e City Council was invited to attend that meeting and after a rather thorough discussion by both the Council and the HRA, the HRA adopted the glan with its amenchients and an initial budget of $1,431,000. (See attached su�unary). �he Planning Canmission subsequently reviewed both the amended plans and the HRA actions and adopted both at its regular meeting on Januaty 7, 1987. 7he plan addresses oonoerns expressed by citizens about the general unkept appearance of the Corridor, the unsightly oondition of the chain link fence south of 69th Avenue and the rural ditches north of 69th Avenue. Citizens also were aoncerned about the general lack of visual order and the lack of pedestrian facilities such as sic3ewalks, bus shelters and crosswalks. �he werall goal of the Corricbr plan is to keep Fridley competitive with other suburbs in the metropolitan area. We need to �nFhasize a diversifying economic base by providing an attractive ooaunimity entrance and surrow�dings. Attracting private investment dollars obviously in turn will generate additional property tax revenue. Zhe plan does this in three ways: A. Praviding glanting and screening for a more groaned appearance and year round oolor. 8 Intersection improvements such as paving, crosswalks, curbing, handicapped acoess, and bus shelters. G Street lic�ting at intersections and attractive special lighting f ixtures along oamnercial servioe roads that will es�a41 ish a level of saf ety and attractiveness and a special "Fridley Look" along our entire Corricbr. Iv'asim Qureshi January 8, 1987 Page 2 �he oonsultant, Barton-Ascfiman, is preparing a final report emphasizing the entire plan program. 7Y�e HRA has directed tbe staff to start the implenentation phase. The first step is to preFare c3etai.led plans for installing the above elements in each of the �ique Corridor sections. • These detail plans will irn�olve three oomponents: 1. Large scale base maps. 2. Working dr2aaings. - 3. Restudy and redesign of the proposed southern and northern gateway monunents and the Center City monunents. �he HRA at the Deoe�nber 11, 1986 meeting directed the staff to prepare a implanentation schedule to acoelerate implenentation as much as possible to coincide with the 1988 deaclline for expenditure of bond proceeds. In order to acvomglish this we reaonunend that HRA retain Barton-Aschman to prepare these detailed implenentation plans. JLR/c3m - N}-87-7 �� A�� December lZ , 1986 i�ii? A. c�T�z� Cor�w�s: - UVKEPT OOI� t T I ON - UVSI(�iTLY FENCE SOUTH CF 69TH - RURAL DITCHES NORTN CF 691H - VISUAL LACK � ORDER - LACK � PEDESTRIAN FACILITIES B. KEEPING FRI�EY CCMPETITIVE: - St�URBAN SH I FT TO CFF I CE DEVFIOPMMENT - DEVQ.OPERS �SIRE FOR ATIRACTIVE ENTRANCE AND SU2ROUNDINGS - PRIVATE INVESTMENT $ = PROPERTY TAX $ I�-IAT? � ` A, FtaHr i tv� ,vvo ScR�rv i n� 614K 5?11C 51JC � 16CK W/0 FENCE � INTERSECTION PLANTING B. Itv�sEC-riotv It�ROVe4tEt�rs 1,C�3K 1.Q53K � 50GC ' SOCK BK I QC b CURB) C. STREET L I(�iT I NG 99CK 4�K f 409K I 40�K INTERSECTION ' 8 FfZONTACf � � I�-I�W MJC�I? �Z.667K $1.994K l $1.431K $1.�9K L ._.�. � I�NI� ZD: University Avenue Teci�nical Advisory Co�c►ittee Fridley Planning Canunission I�I�D FROM: Larry ComQners, Q�ai�nan, Housing & Redevelopnent Authority Virginia Schnabel, Member, Housing & Redevelopnent Authority Q�airwanan, University Avenue �echnical Adwisory Corcunittee I�ND II�TE: January 2, 1987 REGARDING: University Avenue Final Report Staff Addendum In Navanber of 1986, the consulting firm, Barton-Aschman and Associates, sutmitted a final report and swnmary for the University Avenue Corridor Study. 7his report is a�nprehensive overview of the planning process and the Technical Advisory Committee's findings and recommendations for impravenents. A master plan and budget estimate for improvements is also included in this report Zb refine this plan, Community Development staff has prepared an addend�tn to the final report. This addendum does several things including: 1. Sununarizes a City Department's evaluatian of the recommendations to eliminate p�tential oonflicts. 2. Suggests priority schenes for �asing of the improvenents. 3. Includes a budget which reflects the recommendations for phasing and maintenance of �e imprwenents. On Deoember 11, 1986 the Fridley Housing & Redevelopnent Authority approved the staff's recommendations and an initial $1.4 million in funding for implenentation of the project. �e minutes of this discussion are attached for your review. Rhe improvanents intended to be funded b� the $1.4 million ini tial al loca tion incl ude : 1. �e oomplete reforestation as outlir�ed tr� the vonsultants. 2. A lighting scheme which includes the University Avenue intersection lighting and coordinated oommercial frontage road lighting. 3. Intersection improvements for the 11 intersections in the study impravenents include the typical imprwenents as noted on Figure 15 in the addendun. 7�e HRA also directed the staff to study the acguisition of marginal properties at the south end of the Corridor. University Avenue T.A.G January 2, 1987 r paqe Z Presently, our staff is pre�ring the final report inoorporating refinements and phasing within the appraved budget Prior to oamgleting thi� next effort we feel it is most important that the Z�echnical Advisory Co�nnunittee be given a f inal opportunity to oo�unent on the master plan and revisions. Please review the attached staff addendum as to the technical aspects, priorities and budget schene. Note that part C, Budget, which includes capital investments and annual maintenanoe by oampor�ent has been revised to reflect the HRA's intent to fwid initial improvenents totalling roughly 1.4 million dollars. Our staff wi11 be o�ntacting you indiv idually af ter the f i rst of the yea r to obtain your input relabed to these oonclusions. Onoe the finishing toud�es have been put on the study, we will be maving into the working drawi.ng stage. Our intent is to be ready to go out for bids on the first phase of the project in early spring. In closing, we would 1 ike to say that we sincerely appreciate your involvenent in t�his stuc3y to this point and look forward to working with you on the final revisions and implenentation stage in the riear future. Lc/vs/c�r► C-86-564 4� : . � ci�nroF f R1 DLEY C�1�/IMUNITY DEVELOPMENT DEPARTMENT M EMU RAN D UM 1�trD �: Nasim Qureshi, City Manager I�ND FROM: Jock Robertson, �un�ity Develognent Director � N'�ND DATE: January 7, 1987 R�ARDII+�: Upclate on Lake Fbinte Project Whi1e orrsite oonstruction has been suspended for the winter, work proceeds on oompleting the final designs and specifications for the Trunk Highway 65/Lake Pointe Drive intersection, clearing up details on the Plat and transferring/ filing titles to the property. I have attached four sets of docunent on these matters and have su�unarized the v�ntent as follaas: 1. Construckion ProQress Sinoe John Flora's meno of Navenber 7, 1986, �nstruction was suspended on Navenber 12, 1986 with a majority of earthwork ahead of schedule, pad C for the first building is substantially oompleted and the prot�lens with the f inal intersection desicyi for Lake Fbinte Drive ancl Trimk Highway 65 have been resolved and the f inal del ineation of pad A in the extreme northeasterly oorner of the project is naw determined. This last point is addressed in the next item. 2. Final Desicm Woodbridge Properties has obtained a purchase agreeqnent for the second house northwest of the Trunk Hic�way 65/Lake Fbinte Drive intersection. Aoquisition of this property allaws for a superior geanetric design for the Lake Fbinte Drive curve and answers questions raised about the area and dimensions of Lot A. My January 2, 1987 reply to Eric Nesset's Deaember 3, 1986 questions is desicF►ed to clarify these issues. It is understood that these two hanes will be renaved by Woodbridge in April, 1987 to ensure the ric�t of-way is availa4le for the wnstruction 3. Reo�rding of Deeds for phase I Propertv David Newman is working with Woodbridge attorneys on technical adjustments and clarifications required to reo�rd the Phase I property as outlined in his January 25, 1986 resp�ns�e through Bruce Burten's letter dated Dearnber 29, 1986. 4. Trunk Hic�hwav 65 Intersection John Flora's mano of Januaiy 7. 1987 indicates that the final design for this intersection has been oomgleted b� SEH and is transmitted to MnDOT for review and apfxava2. SFI� has indicated to us if neoessary they will '�aalk through" the plans with the various Mt�T departrnents to keep this project on schedule. � JLR/c�n M-87-6 ,. ..._ - — - -- — - --- - — � _ ��- �� •' piRECTORATE . � � � ' OF � '`. puB��c woAKs CtTY OF FRIDLEY 'iC): FROM: I1�ZE : fVtEMORANDUM Nasim Qureshi, City Manager John G. F'lora, RiUI. ic Works Di rector Navgnber 7, 1986 SUBJECT: Woodbridge Development A�T86-326 z- .. . . • �-�1�_,... . • . �ty� •. ;� Construction on the Woodbridge Lake R�inte Development vamienced on Monclay, August 25, 1986 by Enebak Construction who was awarded the Demo� ition and Grading contract. h'ithin the o�ntract, three intermediate suspense dates were estahlished for the project's vanpletion of July 3, 1987 (October 3, grading of tfie Lake Fbinte Drive ric�t of-way; November 7, comgletion of Building Pad C and the rena.ininq right-af-way; and Navenber 21, grading of the c�etention p�nds along Lake P�inte Drive. During the month o�f Septenber, we experienced oonsideralale wet weather but Enebak Construction was able to substantially complete the Lake Pointe Drive right-of-way grading by October 10. In orcier to expedite other work, the Navenber 7 suspense date was extended to Novenber 12. (See Novanber 6, 1986� letter to Enebak f rom l4ark Burch). By th is date, �d C and all of the ric�t af-way helvw the Johnson proper ty s,hould be aanpleted. In addition, i�ds B, E, F and G plus the restaurant and hotel are oanpleted. Still renaining to be ao�npleted are P�ds A and A A major problem exists with delineating Pad A. Woodbridge is of the opinion that the Lake Pointe Drive acoess to Highway 65 inf ringes on his original building proposal and until they can resolve the aoquisition of the single residential homes on west r`r�ore Lake Drive and the turnback of the Highway 65 ric�trof-Mray, �ey are taia�.ile to pravide the contractor with the exact grading requirements. (See Navanber 6, 1986 letter to Jock Robertson f rom Eric Nesset) . In addition, we have just been info=med that there is a possitale problem with the oanpaction specifications for the type of soil located in the Pad A vicinity. �is iteu will also have to be decided upon by Woo�c3bridge before the o�ntractor c,an groceed to work in this area. While the majority of the earth work is being completed ahead of our anticipated sc.hedule, �til the Pad A protalen is resolved, �ae will oontinue to have a prohlen sinoe the soils in this area are required in Pad D and the rena.ining f ill areas. i�rk Construction started the sanitary sewer and wat�er work on October 20. 1986. Zhey have instatled appraximately 700 feet of sanitary sewer in Lake Pbinte Drive on the south. Work has temporarily stopped due to encb�mtering wet s�il c�nditions. Work has aa�nenoed on the installation of Water lines on Bridgewater Drive an the mrth. Zhis is desired in that we hope to get the entire water servioe in pcior to freezeup this year. . -.- _ . � _ _ _ _ _ . � • � t� � ,. Page 2 - Av'86-323 � Crossings, L�c., our storm water contractor, oa�nenced work on November 6, 1986. It is hoped that the detention p�nci� and storni water drainage bysten will be cnrnpleted yet this year in order to pravide drainage for the spring snow mel ti E,Ven though we have encountered difficulties and disagreements at the o�nstruction site, work has progressed extremely well for this period of tr,e year and if the weather wntinues to hold, it may be p�ssihle to place the curb and gutter within the street right-of-way. JGF/ts a �. r.a a�� '+��.i.`5 .�ai , i^ � r e, -,� CITYOF F[tIDLEY ' CIVIC CEIJTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MiNNESOTA 55432 • PHONE (612) 571-3450 , Januaiy 2, 1986 �Yic Nesset Woodbridge P�rties : 320 Wo�odbridge Plaza 10201 wazata Blvd. Miruietonka, I�I 55343 Dear F�ric t Due to the m3ny concerns you expressed in your letter o� Decgnber 3, 1986, it was r�ecessaiy for City staff to research thsn prior to my response. I would like to respa,d to each of y�our corlcesns in the o¢-der in which they were expressed. 1. The intersectian desi� for Lake P�inte Drive has r�ot been dictated by the City staff's decision to use state aid funds for financing the road inpravesnents. On November 21, 1983 the City Qour�cil appraved the attached R,esoltuion No. 110-1983 establishing the road now named Lake Pninte Drive as a state aid ziaad. The City record indicates that the City inter�ded the road to be built by state aid standards long before your oarpany approached us with the Lake Pointe project. The City receives such state aid fur,ds as gart of the State's gasoline tax and these funds are available to us witiwut any restrictions as long as the designated roads are built to state standards. 2. As I mentioned above, state aid funds are set aside for the City and are available anytime far ai.r use withaut any restrictian. Therefore, using these fw�ds do�s not in any way irif luence the time tabl e of the co�stxuction of the intersectian a�d roadway urQravements for the Lake. Pbinie project. 3. State aid street ur�ney is available to the community through its portion of the gasoline tax collected by the State of Minnesota. As this tax comes fram all irotorists in the conmrunity, the City has chosen to receive these funds ar�d place than in a pool from which the ur�nies are thez� used to pravide aai.nter�ance aa�d surface treatment to all City streets. The practice af collecting the state aide funds to which the City is pntitled through its ooaariffo�ance to state standards in the canstruction of designated state aid roads, is a legal and acceptable practice. City staff has che�ked into the p�actice rnamera�s tiaes and have obtai.ned a legal apinio� cn the rcatter. This opinioai i.s attached. 4. The Prel�m�*�*j Plat which was i.ncluded as part of the Development Agre�t indicated a certain configuration of building on Lot 3, Block 1. On March 3. 1986 when the City G�au�cil considered the final plat, City staff noted that the final coofiguration of Iake Pointe Letter to F�ic Nesset Page 2 Januaiy 2, 1986 Drive would be adjusted when plans were finalized for the intersecticn of Higiaaay 65 and West Moore Lake Drive. On August 18, 1986 when the final plat was revised and approved by the City �cil, yvu co�nented that the f inal vonf iguratia� af the road had not been app��oved by the State Department o� Transpoartatiaz ar�d tt�ce was the possi.biity of it "maving rne way o� the other". As m�re detailed facts became available, it is aur hope that we can war�k aut what your needs are for this parcel and develop a concensus between yau and the City staf f which can the�n be presented to the I�tA and City Cwncil for their review and approval. The Develo�me�nt Agree�nt provides that up to $2,440,000 out of the bond proceeds wa.ild be used far public i.nprwgnents. As the oost of the public imprwements is going to be more than three times this amaunt, it is incorrect to say that the City is using only bond proceeds to pa.y SEH costs. Finally, on August 18, 1986, you were present when the City Council apprwed yaur rezaning ar�d revised final plat request for Lake Pointe. That fi.nal plat did not i�clude the right-of-way tuznback praperty. It is staff's position that any turnbck property which is not needed for intersection inpravenents shall be made available for carrveyance. We have not u.sed this property as a"bargaining chip". As a gesture of good faith, the staff has proceeded to request the City Council take actioai to make this praperty available for conveyance. The first reading of the ordinance has been 1'�eld and it is anticipated that approximately 33,000 square feet will be made availble. The City and the i�tA are anxious to see this project become a reality and are willing to work with yau in resolving same of the issues which have caused concern for a11 garties. Please do not hesitate to call with any questions o� suggestions as to how we may realistically resolve these problens. Sincerely. � �► � �`�` "- � Jock Rabertso� F�ecutive Directar of the HI2A JR/SO/mb December 3, 1986 Mr. Jock Robertson Executive Director-Fridley HRA City of Fridley 6431 University Avenue NE Fridley, MN 55432 RE: Lake Pointe Corporate Center Dear Jock: After reading your letter dated November 26, 1986 which I received on December lst, I think it is obvious that, even after meetings with Nasim Qureshi and Dave Newman, and numerous discussions with you, it is apparent that we must once again clarify our position regarding the Lake Pointe Corporate Center plat and the intersection design. To again summarize our position on this matter: l.) The proposed intersection design and its impact on Lake Pointe Corporate Center has been dictated by the City staff's decision to use state aid funds for financing these improvements. 2.) The Development Agreement specifically states that scheduling of the intersection and roadway improvements are not to be influenced by your attempts to obtain financing. Nor can the City, in order to obtain funding for the intersection, adversely affect the Lake Pointe Corporate Center site plan. 3.) We do not understand why the City of Fridley expects to receive state aid funding for these improvements and charge the cost of these improvements against the tax increment bond proceeds. Woodbridge Properties, Inc. • 320 Woodbridge PIa7a • 10201 Wayzata Boulevard • Minnetonka, Minnesota 55343 (6�2) 541-1000 December 3, 1986 Page Two 4.) We see no reason why Woodbridge Properties should incur additional architectural design costs to review various design schemes presented to us which are dictated by your choice of funding rather than an attempt to construct these improvements to coincide with our agreed site plan. Frankly, I do not believe that the City has been dealing with us, regarding these matters, in a manner conducive to achieving our mutual development goals. To date, you have given us indications that you intend to pay the SEH design costs for the intersection out of the tax increment bond proceeds. This is not a permitted use for those funds under our agreement. The City has also attempted to use the turnback parcel along Highway 65, a parcel which we always understood would be made available for our development, as a bargaining chip. Now we are being told that the City intends to attempt to file a plat which we have never approved and, in fact, have objected to on several occasions. Until we receive some assurances as to how the City intends to make its current proposed intersection feasible by committing to fund the purchase of property necessary to permit the intersection to be constructed without damaging our project, we see no basis on which to make necessary decisions relating to our development. If the City of Fridley chooses to proceed with filing the plat, Woodbridge Properties will be forced to exercise remedies which are available to it. I would also like to emphasize that by delaying the resolution of these issues the City is causing Woodbridge Properties substantial damages by hindering its ability to proceed with the development. Sincerely, � / % � ,�'-�`�L (.....�. L / Eric W. Nesset Director of Construction EWN:lmb cc: Dave Weir 1h'oodbridge Properties, Inc. • 320 Woodbridge Plaza • 10201 Wayzata Boulevard • Minnetonka, Minnesota 55343 (612� 541-1000 VirKil C. Herrick Uavid P. Newman James D. Hoeft l��l�g�� TIE�V�� .�. ATTORNEYS AT LAW January 5, 1987 Bruce Burton Dorsey & Whitney 510 North Central Life Tower 445 Minnesota Street St. Paul, Minnesota 55101 RE: Lake Pointe Dear Bruce: I am writing in response to your letter of December 29, 1986. I concur in your recommendation and I am able to authorize you to make the suggested changes to the Deeds and to submit them to Mr. Ed Bock. While I agree that an R.L.S. may be ultimately demanded, we certainly want to avoid this requirement if possible. I would think it would be in everybodys best interest to get the Deeds for the Phase I Property recorded while we con- tinue to discuss the question of the design of the intersection. As I have indicated earlier, Virgil Herrick has handled the condemnation action with Mr. & Mrs. Johnson. In talking to his secretary it is my understanding that the Johnson's have dismissed their appeal and they have executed Quit Claim Deeds to the HRA. Further, I have been informed that this Quit Claim Deed has been filed with the County. If this information is in error I would appreciate it if you would advise me so that I can follow up on whatever delays may have occurred in the recording of this Deed. It is my understanding that you will be revising the Quit Claim Deeds to the Phase I Parcel and submitting them to Mr. Bock. If I can be o£ any further assistance in this process please do not hesitate to contact me. Sincerely yours, David P. Newman DPN:jeb cc: Jock Robertson � (copy of Bruce Burton's 12/29/86 letter) Suite 205, 6401 Universitv Avenue N.E., Fridlev Minnesota 55432. 612-571-3850 YE00 TIBST HANR PLACE BAST MINNEAPOL15.M7NNESOTA 60402 ro�e> aao-esoo ClAO lIEST NATIONAL HANH BDILDINO P. O. HOX 648 ROCHESTER, ?lINNESOTA 63903 (607) 288-DIb6 'J16 TI@57 NATIONAL BANY BUILDINO MAYZA7A,MINNE90TA 68�B1 (61E1416�0:l73 �50 PARK AVENtlE IiEVI YORH. NEM YOHR IOOQ2 121E) 416'9Q00 DOBSEY 8C WHITNEY A P�erwswsen h.c�w�wo P�orssa�m+u.Go��owwnox� 310 NORTFI CENTRAL LIFE 'POWER 44S MINNESOTA STEEET ST. PAUL, MII�NESOTA b5101 (612) 227-8017 TELECOPIE& (6t21227-88Q6 BRUCE W. BiJRTON (612) 52�-6049 December 29, 1986 David P. Newman, Esq. Herrick & Newman, P.A. Attorneys at Law Suite 205 6401 University Avenue NE Fridley, Minnesota 55432 Dear Dave: 2p1 DAVIDSON BUILDIltO B THtRD STREET NOR7H oatsr Fs�.�s. xoxrwxe as.wi (aoe) s�r-aa�¢ 1800 lI85T INTSHSt�TE CENTSR ' 40I NOBTH Dl�r ST6EL? P. O. BOX 7189 BILLINOS, MON7ANA 69100 (40G1Y6C�'JBOO JO RU6 LA HOETIB 76008 PAHIS,FRA\CE ou-�oto a�-ag•ia•6s 011-�11148-68•32•60 Re: Metes and Bounds Deed from Fridley ARA to Lake Painte Investment Company I have reviewed your letter dated December 18 and the enclosure from "Suanne" of the Torrens office. I will address the issues raised by her in the same order in which they were raised, as follows: 1. The reference to future filing of the Plat of Lake Pointe Corporate Center is used solely to determine the duration of the road easements. I believe that Suanne's objection can be met by neutralizing the reference and referring to the "filing of any plat creating access easements substantially in accord with those granted" rather than referring directly to the Plat of Lake Pointe Corporate Center t�� be filed in the future. 2. Although pages 1-11 of Exhibit A are numbered, she apparently wants each page to be separately noted as being a part of "Exhibit A". I view this as merely stylistic and would be happy to oblige her if you agree. 3. The deed is clear on its face that both fee title and easements rights are being conveyed. It is, after all, a Minnesota Uniform Conveyancing Blank. Since Ed Bock will need to be involved with respect to the substantial issue about lot splits, I suggest we request his passing upon this issue. DORSEY 8c WHITNF:Y David P. Newman, Esq. December 29, 1986 Page Two 4. Her comment that a"lot split" has not been approved by the Torrens office is accurate. This is really the substantive issue. If Ed Bock requires a lot split as part of the filing, this raises the issue of the parties having covenanted to join in an R.L.S. to achieve such filing. Such an R.L.S. directly raises one of the key issues about the City's proposed amendments to the approved Plat -- the layout of the streets in tne northeast quaarant. 5. Parts of the road easement (access easement description D) purportedly lie upon Torrens property owned by Norma B. Johnson and Gerald G. Johnson. By copy hereof I am asking Marge Kotzer to verify this factual question and to provide us both with photocopies of the pertinent certifi- cate of title. One reason I question this assertion by Suanne at the Torrens office is that Mr. and Mrs. Johnson were not parties to the preliminary plat which should cover the same lands. If the HRA is agreeable, I suggest we propose to Ed Bock the changes noted above and seek his approval, without change, as to the other matters. I strongly suspect that an R.L.S. will be ultimately demanded by the Torrens office, although John Barnes' descriptions come pretty close to meet the technical requirements of Chapter 508. After you've had an opportunity to review these matters with your client, please give me a call. I propose that we submit things to Ed Bock for his determination after making those style changes which seem justified and ascer- taining the status of the location and title of the Norma and Gerald Johnson parcel. BWB/kam cc: David R. Weir Susan J. Norstrom John Barnes Marge Kotzer Very t y yours, ' � � B, n � �. � Bruce W. urto � _ . . �__ . "_ y� --�-�'�...�'�� ' pIqECTORATE �� OF � PUBLIC WORK8 CIIYOF IVIEMORANDUM FRIDLEY _ :: . 7D: Jock Robertson, C+oc�anunity Development Director ` FW87-1 FROM: Jahn G. Flora, rPublic Works Director IY�TE: JanuaLy 7, 1987 SzJBJDCT: Hic,�way 65 Intersection Impravenent ,�, - �� < y� Attari�ed is the schedule pre�red by S. E.B. dealing with the design and impravanent of the Hic,�way 65 and 100 �ain Intersection Improvement plus the Rioe Creek Raad and Old Central Lnpravement projects that was prepared in Septenber, 1986. Sinoe that time, the HRA has decided to only prepare preliminaiy plans for the R.ive Creek RQad impravenent. It appears that the sc�edule sulmitted is current as of this date with the exoeption of t�e estimate of a�osts for the final design of the Highway 65 intersection C�urently, S. E H. is preparing the landscaping and driveway impravenents for the Old Central leg of the project. 7�ese oosts should be oanpleted within the wedc. Plans have been submitted to Anoka County and MnDOT for review and to obtain the appropriate agreenents. Zhe Old Central leg of the improvement proposes to install medians for traffic aontrol. In order not to encroach further into Moore Lake, a variance request for roac�+►ay width is being prepared tor Anoka County to surmit to MnDOT. It is anticipated that the varianoe will be presented to the Review Board in February and apprwal received in March. �is work will only require I�SAS appraval and is not on the critic�l path for project oanpletion �e Hic�way 65 impravement which requires a MnDOT agreenent is processing on sc�edule and is the longest �and most difficult hurdle in the entire prooess. R�e variance request for Old Central is not directly related to the Hic�way 65 imprarenent and should not affect the agreement as the two portions of the project should be �mbined prior to Apri1 when it is proposed to advertise for the im�xavenen� JGF/ts �. .. .'.. � ..,. .. i _ ... .... ...: .. � 6 i �. � � � .. 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(..�.. �»�-. .I ( ; � I I I �� !--(-.�..�.. �..�....� � .. ; _. _ . -- -,- -- �_�..�..�..�..I.. �i , j = i l ..� I�.�.I� i_}..'..'..�..�_.i '..�_�..�..�..�----� �_.�..�..a.�..�..� � :i , , - � ; -.� ! � � ia ' i r i ; , � � 9 ( a i � ts � � i 1 � 1 � � � I .� �g: ��:� ! e t �5 i i�,�� Yt�! 8 i��a�N��i �i�i�� a�al �r��c I�;� i � i � 0 � C � ! 8 � � 1 I � ' d1SN07 � . .. N � .. .. � Itl 3SMHd � .: � � g� $� � �y �� f N � � V 4 �� a, �� ' �Ti� � / if;= .� i�'{ t � �: : , , �f� �ii� !: . I �� . •� - � ��_ � _�� .� - --- •- _ ; _ _ _ -- _- - .. � � .. � �,.' ; ,_ � �= ' ` � C�N�F FtZj DLEY �: F�OM: DATE: '_' '� DIRECTORATE .. , �� '' OF ' ' . : � PUBLIC WORK8 -�� ; : -•--...___�._---._..-�VIEMOAAWDUM--:__: Nasim 4ureshi. City l�anager Jahn G. Flora,��lic Works Director January 7, 1987 SUB.7D(T: Mississippi & University Avenue � •• Intersection Lnprovenent Fwa� 2 ,� .. . . • �� .•. � y� . . : .E In Apri1 � 1984, the City retaired the services of S. E. H. to review the traffic impact on Mississippi Street due to the o�nstruction of the Target Northern Operations Center. At that time, their study revealed that a joint drivciaay should be used tor �e Target Stores and the Civic Center with access onto 5th Street and that no left turns be allowed onto Mississippi frcm the Target Parking lo� In Navenber of 1985,. S. E. A was retained by Lundgren and Asso. to study the traffic impact on t+lississippi Street due to the proposed high rise, senior citizen and oatunercial developnent on the southwest quadran� 7heir report indicated that the intersection of Mississippi and University is currently operating at a servive level '�". 7his is typiczl for most major intersections within the metropolitan areas. S. E.H. also identitied certain widening of Mississippi Stteet which would provide for left and ric�t turn dedicated lanes resulting in 7 lanes on the western leg and 6 lanes on the eastern leg of Mississippi. �is impravet►ent would result in a service level slightly better than "D" considering the Lundgren developnent and traftic projections for the year 2ulU. Also included in the study was a reo��nendation that acoess throuc� the L�dgren Developnent into the Silvan Hills area should be elimin3ted. Based upon the Luzdgren plan and tiie S. E.A. study, the City requested the Anoka County Highway Department to initiate plans to improve the intersection and inoorporate associated water, sanitary anc3 storm sewer seroiaes for �e southwest quadran� Anoka County retained the services of Stagar-Roscoe to study the intersection and prepare plans. Stagar-Roscoe conf irn►ed the S. E. H. intereection design and recommendations and prepared the oonstruction glans. �e plans identity a City participation vost of $147,859.54 for the utility servioes, curb and gutter, sidewalks, brick gavers, and traffic sic��age. '�ie HRA has apQraved the p�roject and the v�st at their December 11, 1986. B�GE 2 - FW87-2 �:-. �: . R�e design supported by the Anoka County Highway Department includes cancrete medians on both legs of the Mississippi Street extending beyond the 10,000 Auto Parts anci Holly Center first driveways. 'fie zationale for this improvenent is to prwide protected left turn lanes and stacking spaae at the intersection for adequate vehicle movesnents at the extremities of the affected properties. While the intersection is currently occasionally oongested, the addition of left turn lanes, right turn lanes and double through lanes plus the estahlisrunent of revised sicg�aled traftic mov�nents should eliminate the current oongestion at the intersection. In the original Lu�dgren ptan, it was ptoposed to prwide access into the c7e�velopnent opposite the westerly Holly driveway which�w s w� included t hr o u c� th e d e velo p ment and oonnect with Satellite Lane• at the City's request in order to provide access for the Si lvan H i l l s nei$�borhood to Mississippi Street. If this acvess is still desired by the City, we can insure that a similar roadway servioe is provided within the future developnent of t�ie eouthwest v�rner. Until sud�► time as the southwest quadrant is developnent, I had suggested to the Cou�ty that the median opposite the DaiYy Q�n �rvioe road access be eliminated. D�is would oontinue to pravide assessability for the Silvan Hills neic�borhood with sane clisruption of traftic on Mississippi Stzeet tmtil such time as the �o�s tli�feel it would rurther�oomplicate the support this reoa�unencia eY traffic flvw in this interim periaL Zhe desi� proP��d h� �� r�'��d b�' two separate consultants and ooncurred with the Anoka Co�mtY fli$►wal' DePar�'�t' Ac�rdingly► it should be the best solution for traftic, sa.fety and land use at this location for the projected time frame. I understand the Anoka Co�ty Highway DeFartment cannot prooeed with by the Osborne and East River Road improvement until they process a new envirormental assessment and c�onduct public hearings in order to obtain �ederal plan appraval. �his may result in a delay of the scheduled project for this c�aninq aonstruction season Should this occur. it maY also delay the Rioe Creek ar� East River Road bridge impravenen� Acwrdingly. it may be appropriate to process the agreement with �ka ��ty ln °rshould expedite the intersection imprc�ven►er►t of Mississi and Oniversity the other two project be delal'ed- JGF/ts -----------�------------- -------�---- • --- --- - - _ . ?O�' .. C�vh . -� ~�NNES�� January 5, 1987 COIJ NTY OF ANOKA Department of Highways Paul K. Ruud, Highway Engineer COURT HOUSE ANOKA, MINNESOTA 55303 612-421-4760 City of Fridley 6431 University Avenue Fridley, MN. 55432 Attention: John F1ora,tCity Engineer Regarding: 02-606-08 Reconstruction of CSAH #6 at TH 47 Dear John: Please find enclosed a four (4) page report from Strgar-Roscoe regarding the intersection design at the above referenced project. You will note that he references the tra�fic study completed by Short-Elliott-Hendrickson in April of 1984 and the findings for the design of the intersection are similar. Several alternatives were given in his presentation but his recommendation was to design the intersection as you have it on the preliminary set of plans you have in your office at this time. Hopefully this information will be suitable for your use. If you have any questions, please contact me at your convenience. Si�icerely , ,:' ~ �.- �. . �� Jon G. Olson, PE Assistant County Engineer - Construction Affirmative Action / Equal Opportunity Employer /' . �� . ��-� � , / J STRGAR-ROSCOE-F�AUSCH, INC. COi�'SULTING E1�GINEERS TRANSPORTATION ■ CIVIL � STRUCTURAL ENGII�EERS � LAND SURVETORS February 21, 1986 Mr. Jon Olson ANOKA COUNTY 325 East Main Street Anoka, Minnesota 55303 Dear Mr. Olson: RE: C.S.A.H. 6 AT T.H. 47 INTERSECTION RECONSTRUCTION File No. 0860685 Attached please find two alternative preliminary layouts for the above referenced project as well as preliminary cost estimates and a memorandum from our Senior Traffic Engineer relative to intersection capacity. The capacity analysis indicates a need for 300 foot left turn lanes which is substantially longer than shown on the concept plans. Also, after some initial topographic surveying, it appears the impact to adjacent properties will be much greater than that shown on the concept plan (existing plantings in particular were not located correctly on the concept plan). Alternate 1 essentially centers the improvements on the existing corridor and provides maximum right and left turn lanes. This results in severe impact to the residential properties in the Northeast Quadrant with reduced access and right of way taking. This alternate also impacts existing businesses in the Southwest Quadrant, particularly the Dairy Queen and its drive up facility. Alternate 2 attempts to at least limit the impact to the residential properties by shifting the improvements 6 feet south and shortening the northbound right turn lane. This alternate, however, impacts the Southwest Quadrant properties considerably more. 630 Twelve Oaks Center, 15500 VYayzata Blvd.. R'ayzata MN 55391 (612) 475-0010 r � , � Mr. John Olson - 2- February 21, i986 The improvements shown require 120 feet of right of way at the widest section and the right of way line would fall 0.5 feet behind the sidewalk. We would be happy to review this with you in greater detail or with other interested parties and reviewing agencies. If you have any questions, please feel free to call. Very truly yours, STRGAR-ROSCOE-_FAUSCH, INC. ��- / ,, l�'� \ 'ri", Timothy D. Phenow, P.E. Associate TDP/jal Attachments 0 • � D STIZGAR-ROSCOE-FAUSCH, INC. CONSULT1hG EVGINEERS � L.AND SURVEYOR4 630 Twelva Oaks Center. 15500 Wayzata Boulevard Wayzat4 Minrbsota 55391 (61� 475-0010 T0: FROM: DATE: SUBJECT: MEMOR.ANDIIM Jim Dvorak Dennis Eyler � IL� February 13, 1986 Commission No. 0860685 ANOKA C.S.A.H. 6(MISSISSIPPI) AT T.H. 47 LEFT TURN ANALYSIS I have analyzed the left turn situation on Mississippi Street with respect to lane usage, phasing and turn lane lengths. The following is a tabulation of the peak hour traffic volumes for the existing and projected conditions. Traffic volumes on Mississippi Street. Existinq A.M. Future A.M. 180 � � 250 220-'� � 250 EB 10 0--+- -�-10 0 WB EB 2 2 0-�- �--15 0 WB 195 -� � 325 230 � `- 325 Existix�q P .M. 180� ` 230 EB 100-+�- �--100 WB 195�f 290 r Future P.M. 2so, � 2so EB 15 0--+- -�--12 0 WB 305-� r290 Capacity analysis were then done for three cross street geometric-lane usage configurations with the assumption that Mississippi Street would have a total of four lanes of approach for each direction. Permissive left turns were also considered. . r ALTERNATIVES EVALIIATED Insp.* 1 lA 2 3 Lane Usage � � J/ J/ _J/ on each _ J� __,� Approach on � --� —�- --�- ---�.�. Mi s s i s s ipp i S t. � -� �t -� --� * Optimize existing geometrics by revising lane usage as shown. Mississippi St. Phasing Level of Service AM Peak Delay/Vehicle Avg. Queue Length Max. Queue Length PM Peak Delay/Vehicle Avg. Queue Length Max. Queue Length Split Protected Loading Lefts E E 40.7 44.3 275 285 605 625 49.4 40.4 250 240 550 510 Protected/ Permissive Loading Lefts E 42.3 285 625 40.9 220 485 Protected Split L�.ading Lefts D D 38.6 170 (1) 510 (2) 36.1 140 (1) 320 (2) 36.9 155 (3) 380 (3) 34.5 ? 50 (3) 350 (3) (1) Queue length in each left turn lane (2) Queue length = 2 lanes for 300', single lane for length beyond 300'. (3) Longest queue is in through lane. With Alternates 1, lA and 2 the left turn vehicles could be expected to backup out of the�left lanes. With Alternate 3 the longest backups should be in the through lanes. As a result of this analysis I would recommend that Alternate 3 be utilized but that the geometrics be configured to allow simultaneous dual lefts. This should be done in case there is a change in volumes from those in the traffic forecast. If there is a change, then Alternate 2 becomes a more attractive option and our proposed geometrics would accommodate that option. The signal systems will be configured to readily allow for either option.