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08/26/1991 - 5107OFFICIAL CITY COIINCIL AGENDA COONCIL MEETING AIIGOST 26� 1991 J` ' un�or FRIDLEY FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Mon�ay, August 26, 19�1 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER '� _ FRIDLEY CITY COIINCIL FRI�pL.�E.y 1�iUGIIBT 2 6, 19 91 PLEDGE OF ALLEGIANCE: APPROVAL OF MINIITEB: City Council Meeting of August 12, 1991 ADOPTION OF AGENDA: OPEN FORUM. VISITORB: (Consideration of items not on agenda - 15 minutes) Presentation by Kenneth G. Wilkinson, Anoka County Sheriff PUBLIC HEARING: Rezoning Request, ZOA #91-01, by Mark Kvalheim of Bailey Enterprises, Inc., to Rezone from R-3, General Multiple Dwelling, to C-2, General Business, on Lot 17, Block 5, and the South 7.3 Feet of Lot 16, Block 5, Rice Creek Plaza South Addition, Generally Located at 203-205 Mississippi Street N.E . . . . . . . . . . . . . 1 - 1V �K1�L�1 L11i L'C7UrL1L il5allr� V� AUVU�1 ld� 1991 PaQe Z OLD BOSINE88: Second Reading of an Ordinance Amending Section 2.03.07 of the Fridley City Charter . . . . . . . . . . . . . . . . . 2 - 2A First Reading of an Ordinance Under Section 12.07 of the City Charter to Vacate Streets and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #91-01, by Eugene and Jean Hagberg; Tabled 8/12/91) . . . . . . . . . . . . . . . . . . . . 3 - 3Y NEW BIISINESS: Presentation of the I992 Preliminary Draft Budgets . . . . . . . . . . . . . . . 4 - 4C Set Public Hearing for November 18, 1991, on the City of Fridley 1992 i�uciyet . . . . . . . . . . . . . . . . . . . . . . . . 5 - 5A Resolution Certifying �'Proposed" Tax Levy Requirements for 1992 to the Ca�nty of Anoka . . . . . . . . . . . . . . . . 6 - 6A r�iuLZS �ias VvurV1L a��1'trv V� AUGU�1 Z6� 1991 Paqe 3 NEW BOSINE88 (CONTINIIED): Resolution Adopting a "Proposed" Budget for the Fiscal Year 1992 . . . . . . . . . . . . 7 - 7B Resolution Approving a Second Supplemental Indenture of Trust and a First Amendment to Loan Agreement R�specting the City's Commercial Development Revenue Bonds (Fridley Business Plaza Limited Partnership Project) . . . . . . . . . . . . . 8 - 8F Motion to Appoint Fridley Residents to the Fric�ley Senior Citizens Center Task Force . . . . . . . . . . . . . . . . . . . . . . 9 First Reading of an Ordinance Under Section 12.07 of the City Charter to :'uc��� ��r�et� and Alleys and to Amend Appendix C of the City Code (Vacation Request, SAV #91-03, by William Pickering) . . . . . . . . . . . . . . . . . . 10 - l0A Approve Comprehensive Sign Plan for Osborne Crossings located at 250 Osborne Road N.E . . . . . . . . . . . . . . . . . . 11 - 11C r�iLLZS �iss �vvr�1L i�ar.�'rlrv vF wu�uai LO� lyyl raqe { NEW HIISINE88 (CONTINIIED): Award Contract for Skywood Lane Water Extension Project No. 220 . . . . . . . . . . . . 12 - 22A Approval of Change Order No. 2 for Street Improvement Project No. ST. 1991 - 1 & 2 . . . . . . . . . . . . . . . . . 13 - 13F Approval of 1992 Six Cities Watershed Management Organization Budget for 1992 . . . . . . . . . . . . . . . . . . . . 14 - 14B Motion to Reschedule the December 16, 1991, Fridley City Council Meeting to December 9, 1991 . . . . . . . . . . . . . . . . . . 15 Resolution Authorizing Certain Positions as Permanent for the Purpose of Inclusion under the Provisions of Chapter 3 of the Code of C�ty Ordinances . . . . . . . . . . . . . . . . 16 - 16C FRIDLEY CITY COIINCIL MEETiNa OF AIIG�ST 26, 1991 Paqe 5 NEW BIISINE88 (CONTINIIED)s Resolution Authorizing an Addition to the Contract of the City Manager to Allow for Reimbursement of Annual Leave . . . . . . . . . . . . . 17 Znformal Status Reports . . . . . . . . . . . . . . . . 18 Claims . . . . . . . . . . . . . . . . . . . . . . . . 19 Licenses . . . . . . . . . . . . . . . . . . . . . . . 20 - 20I Estimates . . . . . . . . . . . . . . . . . . . . . . . 21 - 21G ADJOIIRN: THE MINUTES OF THE FRIDLBY CITY COQNCIL MEETING OF AIIGIIST 12, 1991 THB MINLJTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF AIIGIIST 12, 1991 The Regular Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Councilmembers and audience in the Pledge of Allegiance. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider, and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, JULY 22, 1991: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARING• 1. PUBLIC HEARING ON VACATION, SAV #91-03, BY WILLIAM PICKERING, TO VACATE THE SOUTHERLY 20 FEET OF THE NORTHERLY 40 FEET OF A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 11, BLOCK 2, INNSBRUCK NORTH, GENERALLY IACATED AT 1467 NORTH INNSBRUCK DRIVE N.E.• MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:37 p.m. FRIDLEY CITY COUNCIL MEETING OF AIIGOST 12. 1991 pAGE 2 Ms. Dacy, Community Development Director, stated that this is a request to vacate the south 20 feet of a 40 foot drainage and utility easement at 1467 Innsbruck Drive N.E. She stated that in 1980 the homeowner applied for a building permit to construct a swimming pool. She stated that it was indicated the pool would be located outside the 40 foot drainage and utility easement; however, it was constructed with 10 feet encroaching into the easement. She stated that the encroachment was discovered at the time the house was sold. Ms. Dacy stated that the Engineering Department has reviewed this request and determined that vacation of this part of the easement would not have an adverse impact on the function of the easement, and there is adequate property to handle any runoff. She stated, however, that they have recommended only a 15 foot vacation to insure there is adequate space within the easement should any work need to be performed in this area. Ms. Dacy stated that the Planning Commission has recommended approval of the vacation of 15 feet of the drainage easement. Councilman Schneider asked if the City has any record of drainage problems since the pool was constructed. Ms. Dacy stated that staff is not aware of any problems in this area. Councilwoman Jorgenson asked if the pool was inspected by the City's inspectors. Ms. Dacy stated that there was an inspection and, in this case, the setbacks were correct, but the drawing showed that it was not in the easement. Councilman Schneider stated that he felt it was also the obligation of the contractor to make sure the pool is locafed in the proper place on the site. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:43 p.m. NEW BUSINESS• 2. RESOLUTION NO. 59-1991 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLZNG LICENSE TO TOTINO-GRACE HIGH SCHOOL: MOTION by Councilman Billings to adopt Resolution No. 59-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 12. 19g1 PAGE 3 3. RESOLUTION NO. 60-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING BINGO HALL LICENSE FOR THE KNIGHTS OF COLUMBUS• MOTION by Councilman Schneider to adopt Resolution No. 60-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. RESOLUTION NO. 61-1991 IN SUPPORT OF THE ESTABLISHMENT OF A MULTI-JURISDICTIONAL SENIOR CITIZENS CENTER TASK FORCE: Mr. Burns, City Manager, stated that the City Councils of Fridley, New Brighton, Mounds View, and Spring Lake Park are studying the possibility of establishing a Regional Senior Center Task Force to decide if a regional senior center should be constructed to serve the four communities. He stated that this Task Force would be composed of elected officials and others who have a stake in the senior center. He stated that a preliminary recommendation would be submitted by December l, 1991, with a final report expected by February 15, 1992. Mr. Burns stated that the Task Force would address the feasibility of constructing a senior center and, if so, address the issues of programs, services, site selection, staffing, and funding. He stated that the Task Force would also make recommendations regarding the consolidation and/or coordination of services currently provided by both private and public sector agencies. He stated that the Task Force shall determine whether or not a regional senior center shall be established under the authority of a special district, a joint powers agreement, or some other arrangement that may be mutually agreeable to the four cities. He stated that the four city managers/administrators of the cities involved, or their designees, are to be considered ex officio members of the Task Force. MOTION by Councilman Fitzpatrick to adopt Resolution No. 61-1991. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson asked how interested citizens could obtain information on serving on the Task Force. Mr. Burns asked that they call his office, as Fridley will have the largest representation on the Task Force. 5. FIRST READING OF AN ORDINANCE AMENDING SECTION 2.03.07 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manager, stated that this Charter amendment relates to the amount of deviation allowed between wards upon redistricting. He stated that the amendment would change the FRIDLEY CITY COIINCIL M�BTING OF AUGUST 12, 1991 PAGE 4 allowed deviation from one percent to three percent of the average ward's population. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. FIRST READING OF AN ORDINANCE AMENDING SECTION 2.05 OF THE FRIDLEY CITY CHARTER: Mr. Hunt, Assistant to the City Manager, stated that the essence of this Charter amendment is to change the manner in which vacancies on the Council are filled. He stated that currently the Charter allows that if there is one vacancy the Council must hold an election. He stated that if there are two or more vacancies the Council has the discretion of increasing the members to four by means of appointment. iie stated that if there are more than two vacancies this becomes difficult, as the Charter states the Council can be increased by a unanimous resolution and, if the Council is down to less than three members, there would not be a quorum to adopt a resolution. Mr. Hunt stated that according to the proposed amendment if a single vacancy occurs in the first three years of a term an election would be mandatory. He stated that if it occurs later the CounciZ can exercise the option of calling an election or filling the vacancy by appointment. He stated that if the Council is below two members, the City Manager makes the appointment to raise the Council to a quorum. Mr. Hunt stated that several questions were raised when this proposed amendment was discussed at the last Council meeting. He stated that one question was if an election should be optional if a vacancy occurs in the fourth year of a term. He stated that some felt there should be an election and not an optiori for appointment. He stated that the issue of a primary was discussed. He stated that neither the present Charter nor the proposed amendment makes provision for a primary election. He stated that another issue was the length of time for conducting the election. It was felt additional time was needed in order for candidates to file. He stated that there was a question raised as to why the City Manager would be the appointing person if the Council was down to two members. Councilman Schneider felt that primarily on a single vacancy the public is best served by an election. He stated that if the length of time is short between the vacancy and the election he felt it would be better to leave the seat vacant and fill it at the time of the election. FRIDLEY CITY COIINCIL MEETING OF AOGUST 12 1991 PAG$-5 Councilwoman Jorgenson stated that she would agree with Councilman Schneider's remarks and felt that the public is best served if vacancies are filled by an election. Councilman Billings stated that when this proposed amendment was discussed at the last meeting it was indicated the Charter Commission would have no objection to reviewing some of the issues that were discussed. MOTION by Councilman Schneider to waive the first reading and approve the ordinance upon first reading. Seconded by Councilman Billings. Upon a voice vote, all voted nay, and Mayor Nee declared the motion failed by an unanimous vote. 7. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE• Ms. Dacy, Community Development Director, stated that the City Council conducted a public hearing at their last meeting on this alley vacation. She stated that the portion of the alley to be vacated is 243 feet south of the south line of 59th Avenue, generally located north of 58th Avenue, south of 59th Avenue, east of 2nd Street, and west of 2-1/2 Street. Ms. Dacy stated that the Planning Commission reviewed this request at two meetings and recommended denial of this vacation. She stated that a concern was if 100 percent access could be provided to the Measner property. Ms. Dacy stated that the City Attorney and staff have been working on a number of issues with regard to this vacation request. She stated that the City Attorney has indicated that he would like to ask some questions of those persons who live adjacent to the alley and requested this item be tabled. - Mr. Herrick, City Attorney, stated that this alley is located in an old plat, and part of the plat showed an alley dividing the properties. He stated the rule in Minnesota is that when a plat is filed and streets, alleys, parks, and other public areas are designated on the plat they serve as a dedication for the easement. He stated what that means, in this case, is that the area designated as the alley is reserved for use as an alley and the easement dedicated for that purpose. He stated that there are three ways the alley can come into existence. He stated that one way is for the City to open the alley by improving and maintaining, but he understands this has not happened in this case. He stated that another way an alley can come into existence is by common law usage which requires a number of people to use the easement as an alley, which was done by the public over an unspecified period of time. Another way is by adverse possession. He stated that the common law usage may be the way this alley was established. FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 12, 1991 PAGE 6 Ms. Jean Hagberg, 5881 2nd Street, stated that she has lived at this address since 1964. She stated that the alley has never been plowed in the winter. She stated that in the summer, once in a while a car can get through, however, it is pretty overgrown. She stated that otherwise, there has not been any travel through the alley. Mr. Herrick asked if the alley behind Ms. Hagberg's home and to the south was not physically open until last year. Ms. Hagberg stated that there is a car that drives through there once in a while. Mr. Herrick asked about the use of the alley further south. Ms. Hagberg stated that just about everyone enters their property from the street as they have no reason to use the alley. She stated that Mr. Measner has been using the alley to get to his property. Mr. Herrick asked if the prior owners of Mr. Measner's property used the alley. Ms. Hagberg stated that she believed they tried to get through there once or twice. She stated that there was a large tree in the alley easement which they removed. Mr. Herrick asked the appearance of the alley and if it looks like someone's yard. Ms. Hagberg stated that it is like a road but it is overgrown. She stated that it was their intention to have the alley vacated before they filled in the ruts, but they have already done this work. She stated that they should have had the vacation first and then filled in the ruts and cut down the tree. Mr. Herrick asked if Mr. Measner used both the north and south accesses to the alley. Ms. Hagberg stated that she uses both accesses. She stated, however, that she has been advised by her garbage hauler that he could not get through the alley. Mr. Herrick stated that to summarize Ms. Hagberg's comments, since 1964 the alley was used only occasionally until Mr. Measner moved in and has made some use of the alley. Mr. Measner, 5834 2-1/2 Street, stated that he understands people have used the alley in the past. He stated that he is confused as the neighbors at one meeting say they want the alley closed because of traffic, and at the next meeting they say there has been no traffic. He stated that he does not really understand the problem. FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 12. 1991 PAGE 7 He stated that the alley has been there for years, and he has no access into his property other than to use the alley. Mr. Herrick stated he recognizes that Mr. Measner drives to the rear of his property and asked if he parks his car in the back. Mr. Measner stated that he does park in the back and would like to construct a garage. He stated that he checked with City staff if this was an alley, as there was brush and other things to deter him from using the alley. Mr. Herrick stated that the City has not established an alley. He stated that there is an easement and, depending on how it has been used in the past, may determine if an alley has been created or not. Councilman Fitzpatrick asked if the vacation request has any bearing on whether this is or is not an alley. Mr. Herrick stated that if the vacation is approved, Council would clearly be vacating an alley easement. He stated that if it is an established alley, and if it is vacated and one of the property owners is damaged, they would be entitled to compensation. He stated that if an alley has not been established and is vacated, then he believed that party would not be entitled to compensation. Councilwoman Jorgenson stated that she drove through the alley, and it seems to be narrower than 12 feet. She stated that there are fences on the lot line; however, she was able to get through without scratching her vehicle. She stated that there is no grass growing over the ruts so cars are obviously using the alley. Councilwoman Jorgenson asked if Council does not vacate the alley if neighbors could put up fences and prohibit Mr. Measner from using the alley. - Mr. Herrick stated that this could be done if the alley is not established by common law use. Ms. Cheryl Williamette, 6004 2-1/2 Street, stated that she was the previous owner of Mr. Measner's property and lived at the property from 1975 to 1986. She stated that she and her husband used the alley for five of these years. She stated that they had three vehicles, and all three could fit into the back yard. She stated that if a garage were constructed and placed forward on the property, it would be accessible. She stated that there are bicycles, motorbikes, and people walking who use the alley. She stated that the apartment building traffic uses the alley on the south. She stated that she did not know how long fences have been established to the north. She stated that the alley has been blocked with snow occasionally, but she kept it open for five years she lived there. FRIDLEY CITY COiJNCIL MEETING OF AIIGIIST 12, 1991 PAGB 8 Mr. Jerry McNurlin, 250 Sylvan Lane, stated that he owns the property at 5820 2-1/2 Street and his tenants do use the alley. He stated that most people exit to the south, but they could exit to the north. He stated that he did not object to vacating the alley if the entire alley is vacated. He stated that he did object to vacating only a portion. Mr. Herrick asked Mr. McNurlin how long he has owned this apartment and if he has seen his tenants using the alley. Mr. McNurlin stated that he has owned the building since 1979, and he has seen his tenants use the alley. Ms. Becky Street, 5825 2nd Street, stated that she has not noticed much traffic on the south end of the alley. She stated that if Council is going to vacate the alley, the entire alley should be vacated. She stated that there is a lot of partying that goes on in the alley, and her main concern is that if only half of the alley is vacated she will have additional problems behind her property. Mr. Herrick asked if she has seen some use of the alley since 1989. Ms. Street stated that she has used the alley several times herself. Ms. Judy Konsela, 5828 2-1/2 Street, stated that she has lived at this address for eight years, and there is traffic through the alley all the time. MOTION by Councilman Fitzpatrick to table this item until a recommendation is received from the City Attorney. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 13, 1991• A. ESTABLISH PUBLIC HEARING FOR AUGUST 26, 1991 FOR A REZONING ZOA #91-01, BY MARK KVALHEIM OF BAILEY ENTERPRISES INC TO REZONE_FROM R-3, GENERAL MULTIPLE DWELLING �TO C-2 GENERAL BUSINESS, ON LOT 17, BLOCK 5, AND THE SOUTH 7 3 FEET OF LOT___16, BLOCK 5, RICE CREEK PLAZA SOUTH ADDITION GENERALLY LOCATED AT 203-205 MISSISSIPPI STREET N.E.: MOTION by Councilman Fitzpatrick to set the public hearing on this rezoning, ZOA #91-01, for August 26, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of July 13, 1991. Seconded by FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 12 1991 PAGE 9 Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF JULY 9. 1991• A. VARIANCE RE UEST VAR #91 19 BY RANDALL OLCHEFSKE OF RIVERSIDE AUTO WASH INC TO REDUCE THE RE4UIRED FRONT YARD SETBACK FROM 35 FEET TO 10 FEET, TO ALLOW THE EXTENSION AND ENCLOSURE OF A CANOPY ON TRACT D REGISTERED LAND SURVEY NO. 19 THE SAME BEING 6520 EAST RIVER ROAD N.E.: Ms. Dacy, Community Development Director, stated that this is a request for a variance to reduce the required front yard setback from 35 feet to 10 feet for the property at 6520 East River Road N.E. She stated that the petitioner received a special use permit for expansion of a car wash facility in April of 1991 and a variance to reduce the front yard setback from 35 feet to 19 feet in conjunction with the car wash expansion. Ms. Dacy stated that when the petitioner was preparing for construction of the addition, he discovered there was petroleum contamination of the soil, and he would be required to remove the petroleum tanks and install monitoring equipment under Pollution Control Agency regulations. She stated the petitioner has determined that he would be unable to replace the petroleum tanks due to excessive cost, and he re-evaluated his original addition plans. She stated that the petitioner has now decided he will not need the canopy which was located over the petroleum tanks and would prefer to accommodate the window washing and interior cleaning within this canopy area. She stated that a variance is needed in order to enclose the canopy area. Ms. Dacy stated that the Appeals Commission recommended approval of the variance, as they felt there was not any interruption to the sight lines, as the elevation is higher than Mississippi Way. She stated they also added a stipulation that the petitioner contact the Rice Creek Watershed District to determine if a permit is necessary. She stated that this has been done, and no permit is required. Mr. Olchefske stated it was found that there was soil contamination on the site and to replace the petroleum tanks would cost $70,000. He stated that he decided, therefore, not to sell gasoline, and the tanks have been removed and the soil corrected. He stated that about 80 percent of their car wash customers want full service, and he did not feel he could stay in business without providing this service. He stated that they will not have the advantage of selling gas but felt some profits could be made by offering a full service car wash. FRIDLEY CITY COtTNCIL MEETING OF AOGUST 12, 1991 PAGE 10 Councilman Billings asked how many variances were issued for this property in prior years. Ms. Dacy stated that the only one she is aware of is the one issued last year. She stated that in looking at the site plan she would estimate there were parking variances along Mississippi Street. Councilman Billings stated that when he was a member of the Planning Commission there was a request before them regarding this property; however, he could not recall the details. Mr. Olchefske stated he felt that issue was the rezoning for the car wash. He stated that he did not recall any other variance. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant Variance Request, VAR #91-19. Seconded by Councilwoman Jorgenson. Councilman Billings asked the stated hardship for this variance request and if this falls under the guidelines of the Minnesota statute. Ms. Dacy stated that Mr. Olchefske has submitted a letter outlining the hardships. Councilman Billings questioned if economic reasons were a basis for a hardship. Ms. Dacy stated it is her understanding that economic reasons are not a basis of a hardship for a variance. Councilman Billings stated Mr. Olchefske's letter indicates that it is not economically feasible to invest in new petroleum tanks. He questioned if a variance can be issued under these circumstances. Ms. Dacy stated that the Appeals Commission's recommendation was based on the intent that the front yard setback was to protect the sight lines, but because the car wash was higher than the street, enclosing the canopy would not adversely affect the sight lines. Mr. Olchefske stated although his letter states that it is not economically feasible to invest in new petroleum tanks, the fact is he needs the variance in order to remain in business. He stated that there is not another car wash in Fridley that offers full service. He stated that everything evolves around the economy, but he is not claiming that as an issue here. He stated that even though the tanks could not be installed because of the cost, the variance is needed for survival of his business. Councilman Billings asked what functions of the business would be conducted in the enclosed area. FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 12, 1991 PAGB 11 Mr. Olchefske stated that this area would be used for vacuuming the interiors of vehicles and washing windows. He stated that unless he is able to enclose the area he cannot function as a full service car wash, as the window washing has to be done in an enclosed area. He stated that the car wash is only a single lane and, with only a single exit, there is no room to stop and vacuum the cars and wash windows. Mr. Olchefske stated that there is an area for customers to wait, and there will be some merchandise for sale such as floor mats and air fresheners. He stated that they would also sell refreshments such as coffee, pop, donuts, etc. Councilman Billings stated that he did not feel there was a clear hardship as defined under Minnesota statutes. Councilwoman Jorgenson asked if the fact that Mr. Olchefske may not be able to retain his business constitutes a hardship. Ms. Dacy replied in the negative. Mayor Nee stated that this site is unique, and there is a strange configuration of the lot. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Fitzpatrick, Councilwoman Jorgenson, Councilman Schneider and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 10. APPROVAL OF HOUSE TRAILER APPLICATION FOR FRIDLEY CONVALESCENT HOME LOCATED AT 7590 LYRIC LANE N.E.: Ms. Dacy, Community Development Director, stated that a license is required for placement of a manufactured home if it is not located in a licensed mobile home park, and the Fridley Convalescent Home is proposing to locate a house trailer to the east of the existing facility. She stated that the State has imposed a moratorium on expansion of nursing home facilities and, therefore, they are not permitted to expand unless it is below a specified dollar amount. She stated that the value of placing the trailer on the property is below this State requirement. Ms. Dacy stated that the trailer would be used by existing personnel for a classroom, office, and a therapeutic recreational area. She stated that it is recommended the license be issued for three years rather than the one-year period. She stated that an installation or building permit would be needed for the foundation, and the Building Division should be provided with the State seal number. Ms. Jedlicki, Administrator for the Fridley Convalescent Home, stated that the trailer is a modular unit that various businesses FRIDLEY CiTY COtJNCIL MEETING OF AQGIIST 12. 1991 PAG$ 12 are using for additional space. She stated that no additional employees will be added, but the space is needed to better serve their clients and employees. She stated that this trailer would be physically attached to the building by a modular corridor and would meet all the State and City Building Code requirements. Councilman Billings asked if the intent is when this is renewed that another application fee would apply. Mr. Pribyl, Finance Director, stated that this is an annual fee. Councilman Billings asked how soon expansion might begin once the State lifts the moratorium. Ms. Jedlicki stated that they would apply for a certificate of need, the State Legislature would have to consider it and, hopefully, would allow a substantial expansion to accommodate the residents. She stated that if they are allowed to expand,their rooms would house two persons rather than three. Mayor Nee asked if there are plans for landscaping as this trailer will be facing a residential area. Ms. Jedlicki stated that their intent is to make it as attractive as possible. MOTION by Councilman Billings to approve the house trailer application for Fridley Convalescent Home with the following stipulations: (1) renewal of the permit by August 12, 1994; (2) the petitioner obtain either an installation or building permit for the foundation; and (3� the petitioner provide the Building Division with the State seal number. Seeonded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVAL OF COMPREHENSIVE SIGN PLAN FOR INSURANCE MART IACATED AT 6875 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that this comprehensive sign plan is for the Insurance Mart. She stated that one wall sign is proposed on the south of the building. She stated that the sign is approximately 67 square feet and well within the limits of the wall signage requirement. She stated that the sign will have a total of four panels for the tenants in the building, and staff recommends approval of this sign plan. MOTION by Councilman Schneider to concur with the recommendation of staff and approve the comprehensive sign plan for the Insurance Mart at 6875 Highway 65 N.E. 5econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COQNCIL MEETING OF AQGIIST 12, 1991 PAQ$ 13 12. RECEIVE BIDS FOR SKYWOOD LANE WATER EXTENSION PROJECT NO. 220: MOTION by Councilman Billings to receive the following bids for Skywood Lane Water Extension Project No. 220: Planholder Northdale Construction 14450 Northdale Blvd. Rogers, MN 55374 Bonine Excavating 12669 Meadowvale Road Elk River, MN 55330 Meyer Contracting, Inc. 19145 Vassar Street Forest Lake, MN 55025 Brown & Cris, Inc. East Frontage Road of I-35 19740 Kenrick Ave. Lakeville, MN 55044 Volk Sewer & Water 8909 Bass Creek Court Brooklyn Park, MN 55428 Glendale Contracting, Inc. 3030 Harbor Lane Plymouth, MN 55447 Penn Contracting, Inc. 1697 Peltier Lake Drive Centerville, MN 55038 Total Bid $108,632.00 $123,466.91 $124,645.80 $125,309.05 $130,582.02 $141,929.50 $145,348.65 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE PETITION NO. 2-1991 AND AUTHORIZE REMOVAL OF "NO PARKING BETWEEN 6 P.M. TO 8 P.M." SIGNS ON THE WEST SIDE OF JEFFERSON STREET (5800 - 5900): MOTION by Councilman Billings to receive Petition No. 2-1991 and direct staff to take the appropriate action for removal of these signs. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF AUGUST 12, 1991 PAG� 14 14. RECEIVE RE4UEST TO RICE CREEK WATERSFiED DISTRICT FOR FINANCIAL ASSISTANCE IN FUNDING A RIP-RAP PROJECT ALONG A SHARP CURVE IN RICE CREEK• Mr. Flora, Public Works Director, stated that five residents on Rice Creek have joined together and submitted a request to the Rice Creek Watershed District for financial assistance in funding a rip-rap project along a sharp curve in Rice Creek. He stated that the Watershed District has an erosion and streambank stabilization program which provides for one-third funding of approved projects. Mr. Flora stated that the residents have been working with the Anoka County Soil and Water Conservation District on this project for a number of years. He stated that the City is involved to a certain degree in that there is a storm sewer culvert entering the creek at the eastern end of the project area. He stated that it is anticipated the cost to the City would be about $5,000 to incorporate the culvert rip-raping with the project improvements. Mr. Flora stated it is requested that Council support this request to the Rice Creek Watershed District. Mr. Kaufhold, 375 Rice Creek Terrace, stated that the residents have been working on this proj ect for about four years . He stated that the County suggested a rip-rap project, but it is very expensive, and they are requesting financial assistance from the Rice Creek Watershed District for the project. Mr. Herrick, City Attorney, asked if this project would have any adverse affect on property owners across the creek. Mr. Flora stated that it would really be a benefit, as it would stabilize the curve, and there should be less sedimentation. MoTION by Councilman Billings to support the submission of this request for financial assistance to the Rice� Creek Watershed District and that the City be involved in the financial implications as it pertains to the culvert rip-rap using the Storm Utility Fund. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. APPROVAL OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT BETWEEN ANOKA COUNTY AND THE CITY OF FRIDLEY: MOTION by Councilman Fitzpatrick to approve the Community Development Block Grant Program Agreement with Anoka County. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL ME$TING OF AIIGIIST 12. 1991 _ PAG$ 15 16. APPROVAL OF AMENDMENT TO THE 1991 ANOKA COUNTY SOLID WASTE JOINT POWERS AGREEMENT: Ms. Dacy, Community Development Director, stated that Council approved the 1991 Anoka County Solid Waste Joint Powers Agreement in March, 1991. The term of this agreement was for the first six months of 1991 and released $40,685.25 in solid waste abatement funding. She stated that this amendment allows the City to receive the balance of the S.C.O.R.E. funding, and the agreement would end at the end of calendar year 1991. MOTION by Councilman Schneider to approve the amendment to the 1991 Anoka County Solid Waste Joint Powers Agreement. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE METROPOLITAN COUNCIL AND THE MINNESOTA HOUSING FINANCE AGENCY (MHFA) TO PARTICIPATE IN THE RENTAL REHABILITATION PROGRAM FOR 1991: Ms. Dacy, Community Development Director, stated that this agreement is for the City to participate in the Minnesota Housing Finance Agency's rental rehabilitation program. She stated that there has been a lot of interest in the program and recommended that Council approve the 1991 memorandum of understanding. MOTION by Councilman Fitzpatrick to approve the memorandum of understanding with the Metropolitan Council and the Minnesota Housing Finance Agency to participate in the rental rehabilitation program for 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. RESOLUTION NO 62-1991 TO RECEIVE $25 000 IN 1991-1992 COON RAPIDS COMMUNITY BLOCK GRANT FUNDS AND PLEDGING TO RETURN THOSE FUNDS IN 1992-1993 FRIDLEY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS OR OTHER MONIES: AND AUTHORIZING MEMORANDUM OF UNDERSTANDING REGARDING THE REALLOCATION OF $25 000 OF UNEXPENDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FROM THE CITY OF COON RAPIDS TO THE CITY OF FRIDLEY• MOTION by Councilwoman Jorgenson to adopt Resolution No. 62-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to authorize the Memorandum of Understanding for the return of the $25,000 to the City of Coon Rapids and to be executed cy the Mayor and City Manager. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL ME$TING OF AIIGUBT 12, 1991 PAGE 16 19. RESOLUTION NO. 63-1991 ORDERING IMPROVEMENT. APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: SPRINGBROOK NATURE CENTER LANDSCAPING PROJECT 1991: Mr. Jack Kirk, Director of Recreation and Natural Resources, stated that this past spring bids were received for a landscaping and entrance area project at Springbrook Nature Center. He stated that all bids were significantly higher than the available funds for that project and were rejected. Mr. Kirk stated that the plan has been modified, and it is requested that Council authorize the improvement, approve plans, and order the advertising of bids in order that the project may be completed this fall. He stated that some of the items contained in the original plan were removed entirely; the area will be seeded, rather than sodded; the entrance gate was eliminated; and trees will not be moved. He stated that one of the key items in the plan is that all trees were reduced in size, and some species have been replaced with some less expensive ones. Mr. Kirk stated that, basically, the plan will be the same, but it is felt the bids should be within the funds available. MOTION by Councilman Fitzpatrick to adopt Resolution No. 63-1991. 5econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. RESOLUTION NO. 64-1991 AMENDING THE REPAYMENT SCHEDULE OF A LOAN TO THE FRIDLEY HISTORICAL SOCSETY: Mr. Hunt, Assistant to the City Manager, stated that the Fridley Historical Society has requested forgiveness of the first $700 payment of the loan made to them by the City. He stated the iritent is that one-tenth of the $7,000 loan would be payable in 1993, and on the same anniversary for nine subsequent years so that there would be a total of ten payments. MOTION by Councilman Schneider to adopt Resolution No. 64-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote four voted in favor of the motion, Councilman Schneider, Councilwoman Jorgenson, Councilman Billings, and Mayor Nee. Councilman Fitzpatrick abstained from voting on the motion. Mayor Nee declared the motion carried. 21. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. FRIDLEY CITY COIINCIL MEETING OF AIIGIIST 12, 19_91 PAGE 17 22. CLAIMS• MOTION by Councilman Schneider to authorize payment of Claim Nos. 38695 through 39017. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. LICENSES' MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. ESTIMATES• MOTION by Councilman Schneider to approve the estimates as submitted: Herrick & Newman 205 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Attorney through the end of June, 1991. .......$ 1,113.50 State of Minnesota Commissioner of Transportation Financial operations 461 Rice Street St. Paul, MN 55103 S.P. 0207-54 Fed. Proj. HES 005-2 (97) - City Cost Storm Sewer, Walk and Pavement Construction by the State at T.H. 65 and 53rd Avenue N.E. Intersection Partial Estimate . . . . . . . . . . . . . . $22,554.77 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. 4 . . . . . . . . . . . . . . . $34,725.83 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF AIIGIIST 12, 1991 PAGE 18 1991 COUNCIL CALENDAR: Councilman Billings stated he noted that the National League of Cities has changed the dates of their conference which conflicts with the Council's December 16th meeting date. He requested that staff review the December meetings and report back at the August 26 meeting so changes could be made, if necessary. ADJOURNMENT: MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of August 12, 1991 adjourned at 9:21 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: r � � I Community Development Department vG DrviSION City of Fridley � DATE: August 22, 1991 TO: William Burns Cit Mana er "„'� . Y g l�� FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant PubZic Hearing for a Rezoning Request, ZOA #91- 01, by Mark Kvalheim, Located at 203 - 205 Mississippi Street N.E. Attached please find the above-referenced staff report. The City Council set August 26, 1991 as the date for the public hearing. Staff recommends that the City Council hold the public hearing. MM/dn M-91-600 J.M. Lacpinski, D.D.S. 201 MISSISSIPPI N.E. FRIDLEY, MINNESOTA 55432 PHONE 574-7505 August 3,1991 Mayor Nee and City Council Fridley Municipal Center 6431 University Ave. N.E. Fridley MN. 55432 Dear City Council Members, I am the owner and occupier of the building at 20i Mississippi which shares a cammon w�ll with the building 203-205. I understand that the council will be discussing the rezoning of the building at 203-205 Mississippi Street N.E. from R-2 to C-2. I believe that the present owners ultimately want to sell the properry and for the short term would like to lease the vacant space. I think that proposed tenants are appropriate ones for the building, but if the zoning is changed then the future use may not be appropriate for the location. 1 am opposed to this change in zoning. Once the zoning is changed the council will lose control of the type of business that can move into the building. Yours truly, . M. L nski D.D.S. yA ��� v � s �9s � � STAFF REPORT APPEALS DATE ���QF PLANNING COMMISSION DATE : Juiy 24, 1991 F��i.� CITY COUNCIL DATE : August 12, 1991 Au�� M�/dn u REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITf DAT�A SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONING UTILff1ES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBIL(TY WITH ADJACENT USES 8� ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION ZOA �� 9 1-O 1 Mark Kvalheim To rezone from R-3, General Multiple Dwelling to C-2, General Business 203 - 205 Mississippi Street N.E. 6,750 square feet 28% lot coverage R-3, General Multiple Family Dwelling R-2, Two Family Dwelling to the N; C-3, General Shopping Center to the E and S; R-3, General Multiple Family Dwelling to the W. Denial Approval Staff Report ZOA #91-01, Mark Kvalheim Page 2 REQUEST The petitioner is proposing to rezone a portion of Lot 17, Block 5, Rice Creek Plaza South Addition from R-3, General Multiple Family Dwelling to C-2, General Business, the same being 203 - 205 Mississippi Street N.E. The petitioner is attempting to locate a consignment retailer in the building. The proposed tenant will be renting approximately 2,000 square feet of building area. SITE The subject parcel is located at the northeast corner of the intersection of Mississippi and 2nd Streets. Located�-on the property is a two story office building which shares a common wall and lot line with the adjacent building addressed 201 Mississippi Street. Adjacent properties are zoned R-2, Two Family Dwelling to the north; C-2, General Shopping Center to the east and south; and additional R-3, General Multiple Family Dwelling to the west. HISTORY The property has been zoned R-3, General Multiple Family since 1958. At that time, a building permit was issued to build the building at 201 Mississippi Street. The City Council approved a special use permit to allow the building to be used as a dental clinic, as required by the 1958 zoning code (see attached 1958 City Council minutes, and 1955 zoning code). Also, Lot 17 had not been divided. In 1959, a building permit was issued to construct the 203-205 Mississippi Street addition. At that time, a lot split occurred which split Lot 17 into the subject parcel and the remaining parcel. The parcels have been divided as such since that time. Since 1958-59, the uses within the building have been of the office nature, specifically dental and medical offices. ANALYSIS In analyzing the rezoning request, three criteria need to be evaluated: district use, district intent, and whether or not the parcel meets the district requirements. The proposed use of the consignment retailing is consistent and compatible with the proposed zoning district of C-2, General Business. In addition, the C-2 zoning district would be compatible with the adjacent C-3 zoning district and uses. Staff analyzed the subject parcel, the 201 Mississippi Street parcel, and both parcels as a single unit to determine if any or all of the parcels would meet the minimum requirements of the C-2, General Business and CR-1, General Office District regulations. 1C Staff Report ZOA #91-01, Mark Kvalheim Page 3 The CR-1 regulations were also reviewed as the uses allowed under the special use permit issued in 1958 would fall under this zoning district category. The result of staff's analysis is displayed in Exhibit A. Reviewing Exhibit A, it can be noted that there would need to be several setback and parking variances granted in order to bring the property into conformance with the district requirements for both the CR-1 and C-2 districts. Specifically, the parcels cannot meet the minimum parking requirements; they can only provide from 1/2 to 1/3 of the required parking. Based on the determination that the parcel cannot meet the zoning district requirements, staff recommends the Planning Commission deny the rezoning request. Although the property does not meet the minimum requirements for both the CR-1 and C-2 district regulations, staff recommends that the proposed uses for the subject parcel continue to be regulated by the CR-1 regulations. The City Attorney has determined that in cases of nonconforming zoning patterns such as the subject parcel, allowing the CR-1 district regulations to regulate these types of parcels is appropriate (see memo from Virgil Herrick, City Attorney, dated August 27, 1990). The Planning Commission should be aware that the owner of the consignment business will be in attendance at the meeting. Both she and the petitioner may request that the Planning Commission and City Council make a determination that the consignment use is similar to the uses in the CR-1 district. Reviewing the permitted uses in the CR-1 district, the proposed use is not similar to a professional office or health care service. Items are sold/traded and the use is commonly located in retail areas and shopping centers. RECOMMENDATION AND STIPULATIONS As the property does not meet the requirements of the C-2 zoning district, staff recommends that the Planning Commission recommend denial of the zoning request to the City Council. Future uses of the subject parcel can continue to be regulated by the CR-1 district requirements. PLANNING COMMISSION ACTION The Planning Commission voted 3-2 to recommend approval of the request to the City Council. The Commission conditioned their approval on the petitioner obtaining a cross-parking easement for nine spaces from the adjacent Holly Shopping Center. ll_!� Staff Report ZOA #91-01, Mark Kvalheim Page 4 CITY COUNCIL RECOMMENDATION Staff recommends that the City Council deny the rezoning request, as the property does not meet the requirements of the C-2 zoning district. �E . � �� � 205.16 CR-1 GENERAL OFFICE DISTRICT REGULATIONS 1. USES PERMITTED 03/91 A. Principal Uses. The following are principal uses in CR-1 Districts: (1) Professional office facilities including real estate, lawyer, architectural, engineering, financial, insurance and other similar office uses. (Ref. 888) (2) Health care services including medical, dental, optometrist, chiropractic and counseling clinics. (Ref. 888) B. Accessory Uses. The following are accessory uses in CR-1 Districts: (1) Signs. (2) Off-street parking facilities. (3) Off-street loading facilities. (4) Storage of inerchandise, solely intended to be retailed by the principal use. . (5) Solar energy devices as an integral part of the principal structure. C. Uses Permitted With A Special Use Permit. The follocaing are uses permitted with Special Use Permits in CR-1 Districts: (1) Wind generators and other tower mounted energy devices. f2) Solar energy devices NOT an integral part of the principal structure. (3) Exterior storage of materials and equipment. (4) Day Care Centers. (a) At least one (1) off-street parking space shall be provided for each 100 square feet of useable day care fioor area. (b) Reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of required parking spaces. 1F 205.16.01. 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C�7 w � f' � ����u� �`�aiai'o .� � � � aS r: � O � � m � H � � c a ,,.; � � a � ,,.., � ec � o G"' ��' .0 N� N O s" � p U � U� C C G+ _�'C V U J�� �� w «` V � N� N .:: V V1 � � �" Q O G� w c�n. . M c. OC O C O C a� vi o�� c`o c•� � E N c° �� u �� c,;oo,,...c � _ �-y:�x � � � � L .0 w U � � �C-. ^ ^J � 't7 M � � � ^ V = t�." •�+ r G t: C� tnn � � %: � L Q! N � r "' U � r ai = C O'�.�'+ �°�cy i3 ..u-. y t"' � w V1 � Vl ? � y cyo=tiOUv ��� a , ����;o 7 '-= � ,Y � +"' a t� � � Q y L � �o��E�. ao��,�� u+ V. w . �0 N ay+ � d � �S �s Qi vi y �� � A � � �� �� �'y F �� .!] � 7 a� a C'� d � GJ > .� � � C. � � U � r? � r C �,ci C r��-. `^t -`= C CC C C� r C"�, �� :_ C 'C y = C � .-� 6� � �: "' .� Q G f. � ��.. G��i �%+ rr.+� c.� d s.• c�. +� ,�, �.G C� C '�" C. O C�" C p "' � d�'' cd C ��.-. ^ a+ L$ l0 f: L" i+ c3 t4 ,C C� � w q ir�''��°�y~o��• y ... °—�Q �' 3 c.cv o•`=�"' c�', •�... ;� c g•-+�� ag ?y'ro,oc�3d"�� �F�co'-°u°��.°c; C ��R7 �L cC «A+ �Q'ip � � C, � � G O t,. �q� � � p � � r/� «+ .G O� w LL O r-1 •+ a ��. Go�n�� t h-�1►��-1-.es� laS'� • La Grange� ;�hansor., fia-e1, S�eridan, a!�d ;•:c�;:e, znd the follo��is�g member;: voted a�ainst *he sa*�e: AJone '•:j'F .�U�C:; SAIL' n� SC? rrIC;: t:�AS ��CL�R�"D DUI Y FASSEJ A::J ;{eticn by Iva-e1, secon�e� b,y S.he�tuan to adcnt rescl ,.icr. ''et!cn carried unan{-et.�ly. �.J. b presenta`�en w�+s aa�e by p�rs. Laurie Johr.scn :•:es�e.r. t:c-�s and '!r. L. i:clme, Do�a6las Fir Ply�•cod Assoc'.a cn, in re.-arc tc use of nlyr�o�� for extericr walls and th use �f nl.pkcc:: fcr h�r.!e de=.�elepment. Motjcn b�� :•:olke� s er_dea b�� S'.»rid�r., to ; efer ent'_re L a �ter to L'�:` i n;ng Stan *6s Cor.�mi`tee *er recc^:r.^.e^da-{cn and re�crt. ]�:otion c2�• ied unani-:ous].}•. ro-1o1:•�r.g nublic hear�ng, �:ction b:�agel, secended ry 4Jclke authcrizing Ya��cr and City I�ana to sign and accent S:r.�l nla` cf �?itzeman A6ditiar.. �:o _ en carried unan; °oLSl}�, Fo-? c���'r.2 d? seussicr_, z�ot� , by ''clke, seccnded hy ;;� e? t,- aTer.d the 6ra:t cf OrSir. ce �`l�(` *t addir.g ±her-tc a n�::• �e-•_ ticr. �� : clloti�s: _� - Section 4. It i hereh�� sreciiically prc•�ide4 t:�at ;•ri-� re �c� to each of *_he above zoning c!lar.ges as ^�ade herej y�. ro �er,:iit shal? be issued by t!�e �;•s1a°�:- T^snectcr �.1•T. cne (1) pear of ti:e cnange, exce^t a_'t^^ ar�rcval ° the saTe ccta-ne9 ?��� t}e Citp Ccunc'1. ':oticn c rried unar.i!�ous'y. .'•'et? by T•Jclke, secon:e:i by i;agel tc acceat secend 1•e=:`r: ef ^dir.ar.ce '=100 amerd'rg the zoniz:g ordinar.ce o� '?�e C`-•: -: �. id] e} rezenir.e certa±r. lots in Rice Creek Flaza Scu _:^. /: ��: �- t'cn. N.cticn carried uran'•-ously. �'' �r�':J rF /:'r-^,1:` S �iF�C ;: - Ju] �, � � , o�p N.embers presPnt: Cha. Shaffer, Plu�, Gcodrich, Grif;;:�s 1. A reques •*_ for i:�a;ver cf minis�ur� si.de lot ^eouirer..��- - r� the ccnstruct�.cn o� aa a±tached car�ert to wit'r:�r. `'-r�.e (?) feet cf `::e sjde Ict line at 6(�61 - 6th St. ?:. E. :teouest by Ja�es ?. SF�ard� o�•mer. '3oard rec��-:e :is s�..•c _ "a?� adic!r.irg nrcnerty o::�r.er signen ]et-er sta*'n^ ^e �:-:d hC C��.°C�iC.^., 2• ^-^•@ "@4llEf' rOT 8 Vfi^iance 0I1 f!1@ S?de yar�3 re�uire'":r•-,' fro�^ five (5) feet to three (3) feet cn I:ot t^=^� eer. f' :• =1oc'- seven (71, Chris*?.e Additicn for the ccr.s�ruct'rr. c- �•. a`tac�e� garaee� the a�dress at said loca±icr beir.g -=�1 �'c.-.r-� St. P:. E. Reouest by Edgar ?harer, o�:•ner. Ecar: reco.�^:er.ci; a�-r•- t�al, ad � oir.ir_g pronerty o:•:ner sigr.ed letter s_s"_r.� °-�� ��_ nc oriec"or_s. � .. A reqL�st fo^ a var; anes on tre s; d� yar� :�e��;'rer.:e::- : fiv� (K� feet te t:,o ar.d c.^.e-half (2�-) feet :cr �::� cc�.- struc�icn of an attached gara�e at �7�1 - t•1es`_ "eore T,s'.�e Dri•:e Ii. E. Reoue-t by Gerard Bib�au� o�:�ner. acar6 recc.-��r.,�s sr r� :•-:- as de�ached garage in r-ar yard �ct feas'ble bscavse lc' = to lakeshore. � � 4• =-i roousst fflr-a SDeCial iiC"�!I'm�t tOi t�l° ODe^8t�f^ Cr • d�sntal clinic oa Lot se0enteen tl7) and sc-:t': 7.? feet of I•ot �izteen (161� B1ock five �51� Rice Creer Plaz9� SoL'� 1H 2 � :; wddit!on-being the �ot at the llortheast corner of a;ississipoi. street ana Setan� Street. Thet a t�e limit be aet and R-� Se s ien� t ira ie v,ed 3'c�r #� i s�ermi t. ' �epuest .?�y Ri�iurd,J..3'rezor:e, D. D. S., 179 Hartmar_ C*_rcle. . 3card �,�co�sen�is,sap�eval. :�roperty aS joins co�,er- cial �rcrer`y �n �e side, wo•-ld bc des{.rable asaet to co-^�ur.its�. 5. A reqve;t for �:•a+v�° �f ssde yard r-auire�nent fror� ten (1('1 feet tc se��en and a!�alf (�-k) feet for censtruc*ic^r. c•S attac!�ed garare ar_d nerch cn Lot nine (9�, Elock five (�), Ponn_� Eodit'�r., 5�•'_� - 7th S`_reet I:. E. Request bp Lakeland Bui?ders ana r,are%:asers cf nr��erty. 3o�rd reco�.^.ends aoproral cf re- auss� �- a�t:•ti^F nrc-er�y xi?1 hare ';:•entv s;x (261 feet side yard. ' .6. A rec��st *er raive° cf side ya„d requ{re^�e*�t frc:r: ±er, (1') feet to �ig^t (8` feet for ecnstructic-n ef three (3� re�rce^ d::e:]ir,P i:ith a`;.ac;eo garage ar.3 nerch cn floer a'�e•:e va^a-e cr• 'et t� irtv (�c`!� Blccl: three (3`, ;•:c�cre IakQ ?i!lls. ��nnu?st cy ?;c}<ar9 Kirsch, 5i17 Jackson Avenue� i;��: P*ie!-,�cr,. �oa^9 reco�^�ends annro•,a'! as a porch on `oa-�f gara�e dc^es r.ct c�ast!tute living c?uarters and re�u�re�er.� fcr ga•ar� `s cr.l.v :tve (�� feet side yar3. F, r. Shaf''er, Cna+r:�ar. R. (?. Grif: itt?s T�. C. Goodr' ch . H. rlum J•'c*_i�n rv �.her`dan, seccnded by Johanson that ?.oard c±f A-+*+ea;s Aercrt be acceoted in its encir�*y, t�'oticr. carr'ed unan!�-,ous7�:. _I tii::t"::� CC:•:"T :37�:7 =cE�CR'f - July � � 1�'S8 rre��^t _ ^^;a±^.-a- ('�'•.�- �-L....�s :�e. �> > - I. E re����s`_ Sor rczc^`r� :rc° ?-� ge^cre] mi:?t{r.'e d•:- i�g, �C� �'� Pf.'•^-eT3' }'l:5?.^.P.SS. LC�«� '�Y-E"ltV-S=7C �c�:'� f3!?Q .•'@_^.t.\'- se:�er. f27`� !'?ccl� s'_� (�-1 �e�;<�t�r�s �43dit'�r. to "ec�• .ics��`)le, the sa^!e `'�'_!:g tw� fc^t�� foct lc*.s c� t'�e �as* s'de 4-n 5tre• •:, c^� :�u�-fire3 txeat}• fe � � (12!' � Sotrth of }6tr Avenu�. Cl„�^cF i^�s�n, rr],G �:�*� St., Llopd �ears 561? �+:�: ;t t:rs. :. .•.ia^ Ds:��s. s� r. _� t, -+ � •+ „ � r ?? • -�' S`., $.^.�? .�ce ..a?:- ,� 552 , 5t� S`... a�ne�1•e� _ c. '� �2r ar en rezc.*.'_ng. 3eco� Te�:d r3 by ('aYe� t•.� � ne ccr.s'oera`ic:: be �'�•e.^. a� .*?�'_s ti^:e as 1 t:?d � • te snc� zcne� a'=d +_'= -•- °;., �f T"'°'o-^-� St2-e '�= 7��•a•: = nr � .,- � . �- = 1 n_ ar_S a_ .i r c� -F^:o.. Ceur.c'.� -ake s'�-i_ar ac=`-n. j!9CC!:32: � I';;ghes, �;ct��n car- rie�. - II. To con-ider t'�e nroacsed nrel' ..ina�y o'at of �+_ce Creelc �laza, ':c�`a b��"��^. �o�..,, a �uc3�,.= „_� _ S�C.*: C_� ^.8� . Ci '"c. 11"T`.:�eas� �U2:':2�' �1��1� Oi J2C� � r�'�a p � r .. ... _e_r. (1S, an1 I,or�h:•:est q:�ar�er (':�= 1 c^ Sec.icn s�x'e �(1c1, �'o1:�ns:�'.� th�rty (�'), �an,,e tk•en,.p-fo�:r f2-!, the ^�e be;ng nrcneriy Nort}: cf �tics CreeY., :•:ps- c�' LTn!versity �n�e P?. E. �_ , rrnest b'adser. �eare-i �e_*'c^e Coa:.'_ ss? on �r. beh�l�' of nrer.osed �lat c° �ic� re�l: 'laza, ;corth Fdditi�n. ?•;cticr �y Fue:�e-, secended by ' e t�?at nlat be apnrcved. �;o};.-- �?rr=e�i, TTj. "C CC^S�dET `..0 DPC^CS°'1 �reli-_,narY DZE� Cf ��E V?C?`.�?. Gille_te F' it`or. an� Flerence ?ErY. A�dit'cn l���r.� :;ort^ ef A'ississiop' 'reet sad �as� cf Jacysoa Street ard 'ot r.`^� (�) At�ditcr' S�:bdivisi^_^. "21. '�'. lie Fric3:son 9DD@8!'@� ir. be*�alf af oroncsed preli-'_- nary r,] , of r:-a::ov. La^ds �d31" nr.. After d` scuss'_rn t�e -a`_ ��QlL:2 tn�•�p.: U•.�,1 FI'CC PtPD8.^''s nre"i�'na^; D.'•E� C'` all ef t.-.._ 8_^E8 8.^.a 1if^i.5 C'�t tt':E C@.tC8�'^� Of tJC'.,'^OE^V stree�s. !'^. Z;�_�+'a,floa^E� tQ 28�.'� Q^ TTC'n'S2a V2C8'_{^g Ci 2r, 8^d �' . 8.^.� ... n.re� !'C_^ S��bQ'_��; 5� . . -��.....,CS9S. T?2C0�•".�.^ti@U 11 f' � . P Y Deed transferred Nov 13 tQ59 r1t�V Of' �'!'1�� 8�* Town - City or Vill�,ge KENNETH W. CAMPBELL, School District ._141�?k__. __ County Auditor Mill Rate-General.__�79.?.2.. -�------ �-- N� 12 8 g Anoka, Minresota State_..._...6._22 �- � -------- � Total -----------�-�--�---�-----�- ---� �- Dear Sir:- Thc� following described,property _.Lot 17 & S. 7.3� of Lot.16, slock 5 � ----_-------------•------.._..-----�-�------.......------------ � --•-------Rice. Creek Plaza South•Add. ----�-�--� ........................................ .�------•-�-----.___......_- � - .. .- -� -� -� � ----•----�------...--�--------.__-_...._._..._....._..--�--._....._.... ' was on May 1, 19 59.___ assessed as follows: TAXES � True and full value of land $_______________________________________________ General $._?�•`�0..9�.._._.___. True and full value of buildings $ ................................................ State $._______9.60:__._.___ Total true and full value $----------------------------------------------- Specials $....._..._..--------.._....-_-- Assessed value $-----15�:--N?� ..................... Total $-_��.56 A port i on o f the above p arc e 1, de s c rib ed as f ol lows :.__.See_. reverse.. side____________________________ --------------------------------- -----------------------------------------------------------.---..........-- �-----......---........-----•-•-• --�-------------.. ..- -------•- --._...---- �--..._..........-- �--.....------•--------------------�-- --------•--�-----. was, previous to January lst, 19 _.50.__., sold to Caxoll C. Grotr ................................ .......�---�--- -..._..............._..............._.-�-�-�--- ----.. making a divis'ion of the tax necessary. ...............�-------�---� ---�---...._.........----..._..--•-------..._...........---�--------...... Based on a total true and full value of $ ................................................for original trac the portion sold to .............._Groth_______..___.._____.___.___.___.,..,...._.._.___.__._____..._.___should be assessed as follows: True and full value of land $.._..__._...�'_=%`:_� ...................... General $__.11.7?.... True and full value of buildings $ .................. .......................... State $.__...__._._�_�.__.___....., :-- T o t al t ru e and f ul 1 val ue $...--- --- '-�,,-----.----.. - .............. S p e c i a 1 s $.._:....- --.------...------.-- Assessed value $....._....-•---"-%-��-----� ................. Total $.._11�98-•-�----� Leaving for original tract True and full value of land $______________!__:_c:,____._.___.._....,_.. General $419.,24__._____.___ True and full value of buildings $.._..__.�.�.`'�� ................... State $._....9�.34._.._.____.__ -= �- Total true and full value $______:-_f'_� _________________________ Specials $_.......__._.._..._._____.... Assessed value $..--�----�"�,---="--'��-----� ---�-�-- Total �42�3,58-��-----.... D i v i s i on mad e t h i s.------- `'�`` --�----- -�-day o f.--.-... �;':'::_. :..:._.... ---------19 �---- -�- �� Approved by: A s s e s s o r----�-----�- -- -------- -- - Audi tcr --- ---�---- -- ---- ----- �-- - -� Taxes per books: ------ - _ - - --�----- -- ------.... S e 11 e r .._.... ...... - . ............ �-- - --�-�� ... ............. .....�---�-�-� -- ......... -- - - �- ---. _ - ----- -......_. Buy e r .._...._. -_ _ - - - ---......__ .. ............. ....... .-... ..-- TAX DIVISION DATA � Assessed I General I State Line 4, pa�e �17 15� Tax Division: Li:�e 1+, pa�e 417 150?_ Line 5, �a�e 418_ _ 4�? Proof Total Original Tax 1 S111� 43�.9.�i Q.EO 419. 2!� 9. `�4 — ; i.1.7% .26 I ---- I ---- � i3o=ah —! 1.��0------ � , Special Assessments � I � Total 440.56 42R.K8 11.9�? 4��-F� . 5� All that part of Lot 17 a.nd the South 7.3' of Lot 15 lying >-:. o� the fol. des. li�e: i?eg. at a p+. in the S; line of said Lo+ 17 dist. 75.71' tA]. of +he S� cor. of said Lot 17; th. N. to a pt. in the N. line of said S. 7.3' of Lot 16, said pt. being 75.86' W, o� +�e E. line of said Lot 16 & thereby terMinating, (S�sbj. +.o easements and covenents of record) 1K 1- (12-31-64) - -- .�. , x�,'�.. . , .�UM1..� ., . •�-;� - :,-....-- r� , �_. , ., _ - - - - •z. .. . . . ' " ZONING 45. 07. R-2 District: Uses Permitted, "X ref, 45. 05, �45,19" 1. Uses permitted in R-1 Districts, "X ref. 45. 06" 2. Two-family dwellings (Ref. 260) 45.08 I `1 ��-' `Zov�w.� (�de1 3. Boarding and lodging houses, (Ref. 70) � 45. 071. Two family (only) dwellings; on same level adjacent to one another and not above a below other dwellings, Except for the res�iction noted the provisions aPplicable to the R-2A Dis�ict are otherwise the same as in the R-2 Dis�ict. (Ref. 236.) 45, 08. R-3 Distr�ct — Uses Permitted, "X ref. 45. 05. 45,19" 1, Uses permitted in R-2 Dis�icu. "X ref. 45. 07, 45, 06" 2. Multiple dwellings and dwelling groups. 3. Automobile courts, hotels, apartment hotels, motels and tourist homes, provided no business shall be conducted except as a service for guesu there- of, accessible to customers from inside the building, 4. Resort transient cabins and housing accomodations and the following acces- sory uses for the accomodation of guests, boat and motor storage and ren- tals, bait shops, dining rooms, soft drink and snack bars, 5. Colleges and Universities, 6. Fraternity and sorority houses, 7. Private clubs, lodges, libraries and museums, except any that are primar- ily commercial uses. 8. The following uses, but only after securing a use permit for the establish- ment, reconsuuction, suuctural alteration, enlargement, or moving of any such use, after approval of such permit by che board of appeals and the ciry council, and subject to any conditions imposed by such use permit, as provided in Section 45.40 or other section hereof: a. (Repealed - Ref. 97) b. Clothes cleaning or laundering pick-up stations, clothes pressirig and tailoring shops, and self-service laundeties, (Ref. 70) c. Fiower, fruit and vegetable sales and stands, d. Gasoline service stations and accessory greasing, servicing, ciean- ing and washing of automobiles, including minor adjustmencs, and repairs, but not general repairs� overhauling, rebuilding, de- molition or spray painting, e. Offices and office buildin s for business and rofessional uses. in- cluding banks m ical and dental clinics, f, Public offices and of�ce buildings, police and fire stations, post offi ces. g. Public urility offices and ofHce buildings, telephone exchanges, uansformer stations� electric substauons or pumping stations. h, Restaurants� refreshment M�^a^ Sut not any selling or serving of alcoholic beverages. 1 L 58 R- 2 DISTRICT USE PERMI TTED LItiiITE MULTIPLE DWELLIN R-2A DI STRI CT USES PERM1 TTED USES PERMITTED R-3 DISTRICT MULTIPLE D WELLIN d ��,11���`� � s�•� 9�v �:L"��T ATTORNEYS AT LA�'t' �'irgil C. Herrick M E M O R A N D U M james D. Hoeft Grcgg �'• Herrick Of Counscl Dat•id P. Newman TO: Barbara Dacy, Planning Coordinator FROM: Virgil Herrick, City Attorney DATE: August 27, 1990 RE: Ordinance Interpretation Questions This memorandum is in response to your memo of August 24 1990-, wherein you ask for an interpretation of three differe ordinances. I will respond in the order that you hav in your memo. 1. You ask whether a property owner needs t get a special use permit for property zoned C-3 in order to tablish an auto rental use. As you indicate, no specific men ion is made of auto rentals in a C-3 district. However, mentio is made of sales of new or used automobiles. I believe that auto rental operation is similar to sales of new and used auto biles and should be handled in the same manner as those use . Because a special use permit is required for sales of autom iles, I am also of the opinion that a special use permit s uld be required for the leasing of automobiles. I also no e that the property owner is requesting oth�r uses that requi a special use permit, and that the inclusion of the request fo an auto rental use will not cause the property owner any ditional expenditure of time or money. 2. You ask whether i is necessary for Lindstrom Metric to plat certain property i order to subdivide a portion of a meets and bounds parcel loca ed at 8251 Ashton Avenue. Both our ordinance and the St e's statute require a plat for subdivisions that create lots t t are less than two and one-half acres in size. In looking t the diagram that you attached to your memorandum, I a assuming that the proposed parcel is less than two and one-ha acres. Both the City ordinance and the State statute do p mit waiving this requirement. They state as follows: " n any case in which compliance with the foregoing restricti s will create an unnecessary hardship and failure to comply d es not interfere with the purpose of the subdivision regula ons, the platting authority may waive such compliance by adopt'ng a resolution to that affect and the conveyance may then be led or recorded." If the affected property owners do not wi h to plat the property, but instead propose to use a aistered Land Survey, they should apply for a variance. Suice 205, 6401 University Avcnue N.�.'; E�ridte�, Minnesota 55432, 612-571-38�0 Barb Dacy August 27, 1990 Page 2 Whether the staff should recommend granting the variance be considered in terms of whether ther any substantial advantage to requiri opposed to a Registered Land 3. You ask certain questions regarding the Suburban Engineering building at 6875 Highway 65. This property is a non-conforming commercial use in an R-3 area. The questions that have been asked relate to the types of uses that can be put into the building and regulations regarding the placement of signs on the property. As you indicated in your memo, there are no regulations regarding commercial properties in an R-3 area. Your proposal to allow uses and signs consistent with the CR-1 zoning district seems reasonable, and I have no problem with that -- approach. VCH:ldb 1N ` & F�; : . ..�,. . . �;.,���,�ykr� �&y. y �> 1 1 ��'�'�'b��. � .r . - . ' ��Y� s K ��W. s, � j �, z . � . . .. . . . .. ` k., ' CITY OF FRIDLEY , . , . ., „ 6431 ODTIVERSITY AVENOE N. E. -�. ;,�, . ; FRIDLEY, rIld 55432 a ;; ;; � , ° (7olt�ii.ty pevelpgt�ent D�ar�lt = �� �� (612) 571-3450 N. - ,- , � � �' �`. t: `a ° v F � ;y � �� ' s. � j ; a ��k.'� � `� � � s . i� - C a,. �� S' ''� �R'.; . . a, � � c� �s Y c� ;.,� � y r�u b � � � Ft>x - . :. . :: �;� �, _, . .. . , ; n�++�in��4�s.' Y4 ': Rffi4�iIIaG A'PZ�'I.ICA7.*IQId I�ORM fi � � � �# �' �+ � r� +� s �.v 4 �� ;�. � �n '� � � � �a �a �w .i„ +,s� "� ,��r.�kwa �:s�a� g�?r' ��i'��'`��{ �,�� i � � .. �re . ��� � j . i + �r:i s ar �4 r,�a - �x i�i. ,y.� ��, 3 r �- ' ; f: � '- yr . . ., a: ,. �+�. u. . �" .�." _ �. . , . , , , $ � a•, , . _ , k ��. '- � j��All �Qllll'�4'fC��;� Y PZiAPE[ZT'Y II�TI�T Slte ]A • : ,�..t p: k�� �i:���� ��r:� > �`��� '��5. - 203-205�Missi�ssi�ppi S�;� Mirin�,�a.p� � :� , :F � ,: ; �>' � '' �"������ '� Legal descrip�tio�:�� � ��See� survey��° at�ached �. ��� ' � ;; a �ra . � � ` �� '� � �` `� �' „ n� k u �'- `a �ro +3 +;� L�t 1 ?� ���Bl.ack' �`° ��'� ��� ���'� � Asddit � . � � � a;t ��Y G �. �, �; ��: �; �" ��' � w CXarrerit'"zonirig: "R ..3 � � �'�`'�.� '��. � � � f:�` ��'� �, ;• r. :��� � :��v t ��. j `� a"` �t� s � - . .. ".� '�' .. �F � � 1�'"fi'° ��'` �"`;" ,� .. �, 3 �� r� 't� ".�`"1........""raa.J' vaa�.aay -� sn , ^s -e^+-ra .�� �er.'.7�Fi3[�hR'€ 2�. . . : ^"� �� ,� � � '�,���� y ����:��r �� �Leason for. zc�inq���Ta��a"� �tnoda�.e p�"o�`spe�e'�-�.'ve� � �� .� '� �� _ ,� rx:;? � ��,�� M s� �` �. �� •��'� ? ,-F�E '�R ''7I�O�TI�T ' y �� , �. �- �, �, � _ �. (Contract Pum�asers: � Fee �Owners must .sign`this'form'p � � T -C F Bank.:.fsb. ::'� , p,�� 801 Marquette ,Ave. , Minneapolis� ,,.MN 55�}02, -';u . ;� 4.r; � N � � `.�e ,.t. ��. �, i � s �' i .��, • r �, a � s��,� Y �i k F. . �` � ' } 370� 7000 ��-� "' °�� � �'��'� M .. .. _ _ . � . _, ,, < - s� _. .. ,., . � � dDAYTIl� PHOd�iE ' ° .r. . ` � .� , ^� +e;:; b � � �. � `� � � 3 T szc�t�tE � , � 6 / 19 /#91 � ��� � � � , � � TlIilr.Ba7.1@�F a• � �'� ,�+ �j�'•�$, 1� ��E�'',ty` �'��i����4a �r � � �+� �+���� � . . . ., . � . � _ .. �p . . ._.. , � 4 .. . . , . .. � � P�'1'ITIO�1EIt I1�OR'N�TI�1 . � , .., i�� .. . : � . . , �,�, ,� x . �' � �•e �" ,� : '- ,u; „� N�1ME :Bailey Enterpr'ises, Inc. � ; - �y � � ADI�2F5S �8� N. WabasYia St. St. Paul MN 551�2 ��":,° - : ,. LIAYTIME PHONE 22�-5482 °� SIG,�7.URE .. L1ATE 6/ 19 / 9 � , , . .< ..; .... :;, _.,...._.,.��.,.._�..�.a„i' ..�.�....:�..Y.��h.�.�,,3�.::.:..��...:..... � " � Fee: $300.00 ,. , _ , , _, � . ,. . �, -: . _ : . � ;' .. � - _:, - ,:r , , � :.s =.� Pezmlt ZQA — -� � i � , �� � :,,; R�eoei +� � � , # _ �eo � � Pt # _ Application .by: _ ^, � � g-,�.� � �` *� rec�ived � � ,. , � � J::� .i.."� f� '.... L S �r�� � ��l � �.� ■i' � e k SC�l�tl�.� P 1011 �: TM'�' , .. ,. � . .� .. . . „ ..�, �.y,., �- ;. � . ° X, `, � �� Cl�% �..l.ulA.�ll {.7Q4G ' H - '�` - �. � �T � _� r ,�e �w ����� .j' ;' '�. - �, , . 4 r. F!y = k. Ss �-., e 'c � ... - '' �' � ti .��' �' n �,:'- r � � � 'f. y L �, ��� .,.� , .. r �'`� %, r �� ��� �, ;. i _ , �1��: , ■ CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 24, 1991 ����_�_�__��������__��_�������_____������_�____���_�_�������� �� CALL TO ORDER- Chairperson Betzold called the July 24, 1991, Pl meeting to order at 7:30 p.m. ROLL CALL• Members Present: Members Absent: Don Betzold, Dave Kondrick, Connie Modig, Brad Sielaffj Sue Sherek, Diane Sa 'Commission Saba, Others Present: Barbara Dacy, Commu ty Development Director Michele McPherson Planning Assistant Mark Kvalheim, B iley Enterprises, Inc. Jean Dufresne- mbrio, Children's Charm, 240 Mississip ' Street N.E. MOTION by Mr. Kondrick,� seconded by Mr. Sielaff, to approve the July 10, 1991, Planniy7�g Commission minutes as written. UPON A VOICE VOTE,� ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIE� IINANIMOUSLY. !'�l1D71L�ltiTTALT T/1 7fTT7.TL� �]L '1 A!1'1 TT TITLTTLT/� /�l1LRLlT[+G�TATT 11RTLttTTL�C • MOTION by . Saba, seconded by Mr. Kondrick, to amend the motion on page 3 paragraph 2 as follows: "to recommend to City Council approva of vacation request, SAV #91-03, by William Pickering, to vacate he southerly 15 feet of the northerly 40 feet of a drainage and ility easement located in Lot 11, Block 2, Innsbruck North, gen rally located at 1467 Innsbruck Drive N.E." �PON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A REZONING, ZOA #91-01, BY MARK KVALHEIM OF BAILEY ENTERPRISES, INC.: To rezone from R-3 , General Multiple Dwelling, to C-2 , General Business, on Lot 17, Block 5, and the south 7.3 feet of Lot 16, Block 5, Rice Creek Plaza South Addition, Anoka County, Minnesota, lying east of the following described line: Beginning at a point in the south line of said Lot 17 distant 1P PLANNING COMMISSION MEETING, JIILY 24, 1991 PAGE 2 76.61 feet west of the southeast corner of said Lot 17; thence north to a point in the north line of said South 7.3 feet of Lot 16, said point being 75.86 feet west of the east line of said Lot 16 and thereby terminating. Together with a nonexclusive driveway easement over the North 10 feet of the South 17.63 feet of Lot 16, Block 5, Rice Creek Plaza South Addition, Anoka County, Minnesota, generally located at 203 - 205 Mississippi Street N.E. MOTION by Mr. Kondrick, seconded by Ms. Modig, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTZON CARRIED AND T8E PIIBLIC HEARING OPEN AT 7:31 P.M. Ms. McPherson stated the property is located at the no�theast corner of the intersectiQn af lYlississippi Street and 2nd Street. Located on the property is a two-story office building which shares a common wall and lot line with the adjacent building addressed 201 Mississippi Street. The proposal is to rezone the property from R-3, General Multiple Dwelling, to C-2, General Shopping Center. Ms. McPherson stated the property has been zoned R-3, General Multiple Dwelling, since 1958. At that time Lot 17 was one entire lot, and a building permit was issued to construct 201 Mississippi Street (the west half of the building). In 1958, the City Council also approved a special use permit to allow the building to be used as a dental clinic which was required under the Zoning Code in 1958. Offices were allowed as a special use in the R-3 zoning district. Ms. McPherson stated that in i959, a lot split occurred which split the parcel into the two current parcels, and a building permit �,►as issued for the construction of 203-205 Mississippi Street (subject parcel far rezoning). Since 1958 and 1959, the uses within the buildina have complied with the original special use permit issued in 1958, specifically, dental and medical office type uses. Ms. McPherson stated that in analyzing the rezoning request, three criteria need to be evaluated by staff: district use, district intent, and whether or not the parcel meets the district requirements. The proposed use of the consignment retailing is consistent and compatible with the proposed zoning district of C- 2, General Business. The C-2 zoning district would be compatible with the adjacent C-3 zoning district and uses. Ms. McPherson staff analyzed the subject parcel, the adjacent 201 Mississippi Street parcel, and both parcels combined to determine if any or all of the parcels would meet the minimum requirements of the C-2, General Business District regulations, or the CR-1, General Office District regulations. This "Comparison" was included in the agenda. It should be noted that there are several 1Q PLANNING COMMISSION MEETING, JULY 24, 1991 PAGE 3 items, specifically building and parking setbacks and parking space requirements, which cannot be met by the either the subject parcel, the 201 Mississippi Street parcel, or the combined parcel. If the rezoning is granted, several variances will also have to be acknowledged. Ms. McPherson stated that although the rezoning request does meet the district intent and district use, the parcel cannot meet the minimum requirements of the C-2 district regulations. For that reason, staff is recommending that the Planning Commission recommend denial of the rezoning request to the City Council. Future uses of the parcel can continue to be regulated by the CR- 1 district regulations. The City Attorney previously wrote an opinion regarding issues such as this one when reviewing the rezoning request for the Suburban Engineering building located at 6875 Highway 65, which is also currently zoned R-3, �General Multiple Family Dwelling, and has consistently been used for office uses. Mr. Betzold stated that if this rezoning request is denied, he did not believe there are any other comparable sites in the City where the City has allowed the situation where a business is using a larger area next to it to meet the code requirements their property cannot meet. Ms. Dacy stated that actually the opposite is true. The former Suburban Engineering site is zoned R-3 and is an office use. There is no commercial zoning adjacent to that particular site. The Knights of Columbus Hall next door is also zoned. R-3. The Moose Lodge had petitioned to rezone the former Suburban Engineering site, but the Commission recommended denial of that request. Gne of the arguments against the rezoning was that the site did not meet the C-2 requirements. Mr. Mark Kvalheim stated the problem not only the owners of the building have, but also the City, is this building hardly conforms to any regulations. This building is a split level building where the lower level is at garden level, and the ceiling height varies from 6 1/2 - 7 feet. Generally, it would be difficult to say that general office use is going to do well in there. They are looking at some physical obsolescence. The question is how to deal with that. Unless the City is interested in having the building remain vacant for extended periods of time, it is a problem the City is going to have to grapple with sooner or later. Mr. Kvalheim stated that the tenant that is requesting to be in their building is currently doing business in the City. The tenant has a children's consignment shop in the Rice Plaza Shopping Center across the street. Their status as a retailer is somewhat overblown. This is a very low impact retailer. Their volume of customers and traffic is quite low, and that should be given some consideration in trying to determine how to create some economic 7R PLANNZNG COMMTBSION MEETING, JOLY 24, 1991 PAGE 4 viability for this building. If the two buildings are considered separately, his building has about 4,000 sq. ft. A dental office occupies 2,000 sq. ft., and they are proposing that the consignment shop occupy the other 2,000 sq. ft. which has been vacant for at least a year. There.are 12 parking spaces. They cannot conform to the building and parking setbacks or parking requirements, and he thought these are situations that have to be overlooked. Mr. Kvalheim stated that in tr�ing to establish some history of what type of businesses have occupi�d the building, he had heard that at one time a furniture retailer occupied the space. He had no other inforr.�ation of the impact of that business, but maybe it is something that could be investigated further. Mr. Kvalheim stated that in initial discussions with staff, staff recommended the rezoninq. Rezoning the property seems to make sense for this particular tenant. Mr. Betzold stated there are parking concerns. He asked what happens if a lot of people come at once, and there is not enough parking? Where will they park? Mr. Kvalheim stated there is an apartment building with a parking lot adjacent to the property on the north and Holly Shopping Center is to the east. There is the possibility of some type of cross- parking arrangement with the apartment building or Holly Center, but they have not explored that yet. He did not believe that the consignment business would attract that kind of traffic. He bel ieved that they could have parking problems with some other uses as well, such as a chiropractic clinic, an attorney's office, etc. , which are "legitimate uses" in the CR-1 zoning. ` Mr. Betzold stated that he did not think they could look favorably on this rezoning request favorably without some additional parking. Ms. M���� a�kPd if the rezoning request is denied, what is the property✓owner's alternative? Ms. Dacy stated that if the rezoning request is denied, the property owner still has the ability to lease the space as office space. Of course, this does not help the proposed tenant. Mr. Saba stated that if the City does rezone the property from R- 3, General Multiple Dwelling, to C-2, General Business, and the proposed tenant does not stay very long, then the property owner can rent that space out to any business that is allowed in C-2 zoning. Ms. Dacy stated that if the Commission recommends approval of the rezoning, then the property owner will have to petition for variances to bring the property into conformance to eliminate its "nonconformity". She stated staff believes it would be wise for � S PLANNING COMMISSION MEETING, JIILY 24, 1991 PAGE 5 the property owner to investigate the possibility of a cross parking easement with Holly Shopping Center. Ms. McPherson stated that the two properties combined require 21 parking spaces. There are 12 spaces for 203-205 Mississippi Street, so they are short 9 parking spaces. Mr. Kvalheim asked if it is possible to insert some language into the CR-1 regulations to allow consignment shops. Ms. Dacy stated that would require an amendment to the Zoning Code, and that process could take 2-3 months. Ms. Dufresne-Sombrio stated they need more room for the consignment shop. They need to be out of their current space by September 1, and they have to give one month's notice. Mr. Betzold stated that if he knew Holly Shopping Center was willing to grant a cross parking easement, then he would be a little more inclined to recommend the rezoning. Unfortunately, he did not know that at this time. Ms. Modig stated the City makes exceptions occasionally for special circumstances, and she wished there was some way to accommodate this business. Mr. Bruce Lundberg, 235 Rice Creek Terrace, stated he saw the notice for rezoning and was curious.about what is being proposed. He stated that 2nd Street is the only exit onto Mississippi Street out of this residential area. He would be concerned about a rezoning that might increase the traffic in and out of this area during peak traffic times. Mr. Sielaff asked about the traffic that might be generated from the proposed tenant. Ms. Dufresne-Sombrio stated the shop's hours are 10:00 a.m. - 7:00 p.m. Monday and Thursday; 10:00 a.m. - 6:00 p.m. Wednesday and Friday; and 10:00 a.m. - 4:00 p.m. on Saturday. She stated they use 2-3 parking spaces at the most at one time. There is usually no more than 1-2 people in the store at one time. During sales, they might have 3-4 people in the store at one time. MOTION by Mr. Saba, seconded by Ms. Modig, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:15 P.M. Mr. Kondrick stated he would be in favor of the rezoning if the property owner is able to get a cross parking easement with Holly Shopping Center. 1T pLANNING COMMISSION MEETING, JIILY 24. 1991 PAGE 6 Mr. Sielaff stated he would be concerned about current policies and the overall impact of a rezoning. He had no problem with this particular husiness, but there might be problems with future businesses. He stated he wQUld vote against the rezoning. Mr. Saba stated he did nat have any objection to this particular business either, but they should 2ook at all the possibilities that could go into this building under the C-2 zoning. He stated the Holly Shopping Center's parking lot is heavily used now, and he did not know how receptive Holly Shopping Center would be to granting a cross parking easement. Mr. Saba stated that if they recommend approval of the rezoning and the Council approves the rezoning, then one-half of the building would be zoned C-2, and the other half would be zoned R- 3. That seemed rather strange. Mr. Kondrick stated this is such a small tenant space that he did not think there were very many other uses that could go into that space. Mr. Sielaff stated he did not believe it is worth taking on all this uncertainty by recommending approval of the rezoning. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend to City Council approval of rezoning, ZOA #91-01, by Mark Kvalheim of Bailey Enterprises, Inc., to rezone from R-3, General Multiple Dwelling, to C-2, General Business, on Lot 17, Block 5, and the south 7.3 feet of Lot 16, Block 5, Rice Creek Plaza South Addition, Anoka County, Minnesota, lying east of the following described line: Beginning at a point in the south line of said Lot 17 distant 75.61 feet west of the southeast corner of said Lot 17; thence north to a point in the north line of said South 7.3 feet of Lot 16, said point being 75.86 feet west of the east line of said Lot 16 and thereby terminatirig. Together with a nonexclusive driveway easement over the North 10 feet of the South 17.63 feet of Lot 16, Block 5, Rice Creek Plaza South Addition, Anoka County, Minnesota, generally located at 203 -205 Mississippi Street N.E., with the following stipulation: 1. A cross parking easement must be obtained from Holly Shopping Center for nine additional parking spaces. Mr. Saba stated he is also concerned about the signage that is allowed for C-2 zoning. IIPON A VOICE VOTE, RONDRICR, BETZOLD, MODIG VOTING AYE, SABA AND SIELAFF VOTING NAY, CIiAIRPERSON BETZOLD DECLARED THE MOTION CARRIED BY A VOTE OF 3-2. 1U PLANNING COMMISSION MEETING, JULY 24, 1991 PAGE 7 Ms. McPherson stated this item will go to City Council on August 26, 1991. 2. RECEIVE JUNE 27 1991 HOUSING & REDEVELOPMENT AUTHORITY MINUTES• � MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive�the June 27, 1991, Housing & Redevelopment Authority minutes. �'� ;� UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. %' 3. RECEIVE JULY 9 1991 APPEALS COMMISSION�MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Sap�a, to receive the July 9, 1991, Appeals Commission minutes. / -- IIPON A VOICE VOTE, ALL VOTING AYE, IRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUSLY. 4. OTHER BUSINESS: The Commission members receiv an update on the Comprehensive Plan as requested by Commissione Saba and Sielaff. ADJOURNMENT: MOTION by Mr. Saba, econded by Mr. Kondrick, to adjourn the meeting. Upon a vo' e vote, all voting aye, Chairperson Betzold declared the moti carried and the July 24, 1991, Planning Commission adjour ed at 8:30 p.m. Respectfully �s`ubmitted, � ���� Lyn Sa Recordi�Secretary 1v MEMORANDUM - Municipal Center S 6431 Universiry Avenue Northeast Fridiey, Minnesota 55432 �ypF (612) 572-3507 ��-Y FAX: (612) 571-1287 Memo To: From: BLibj ACt : Date: /n �� , william W. Burns, City Manaqer �, � R!1ll1aII1 C. H11IIt Assistant to the City Manager 1Pilliam C. Hunt, Assistant to the City Manaqer Ordinance Amendinq Section 2.03.07 of the Fridley City Charter Auqust 13, 1991 �,� � At their meeting of July 22, 1991 the Fridley City Council held a public hearing regarding an ordinance amending Section 2.03.07 of the Fridley City Charter. This section of the Charter relates to the amount of deviation allowed between wards upon redistricting. The amendment would change the allowed deviation from one percent to three percent of the average ward's population. At their meeting of August 12, 1991, the Fridley City Council approved the ordinance amending Section 2.03.07 of the Fridley City Charter by a unanimous vote. The second reading of the ordinance is proposed for the consideration of the Council at its August 26, 1991 meeting. WCH/jb ORDINANCE NO. l�ilJ ORDINANCE AMENDING BECTION 2.03.07 OF THE FRIDLEY CITY CBARTER The City Council of the City of Fridley does hereby ordain as follows: That the following section of the Fridley City Charter be amended as follows: Section 2.03.07 7. The boundaries of the three (3) wards shall be redetermined from time to time by ordinance duly adopted by the Council, and based on the findings of the Council that the wards so redetermined are such that the population of any ward shall not deviate by more than three percent (3 $) from the average of the three (3) wards. PASSED AND ADOPTED BY THE CITY COUNCIL �F THE CITY OF FRIDLEY THIS DAY OF , 1991. WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK � � _ � Community Development Department G DIVISION City of Fridley DATE: August 23, 1991 TO: William Burns, City Manager 11�� �' FROM: Barbara Dacy, Community Development Director SUBJECT: First Reading of an Ordinance Approving a Vacation, SAV #91-01, by Eugene and Jean Hagberg, Located in Block 23, Hyde Par�c At the August 12, 1991 meeting, the City Council at the request of the City Attorney tabled action on this item until the Attorney could analyze the information gained from questioning the property owners. I have spoken with the City Attorney, and he has asked me to relay the following to the City Council (his recommendation reinforces his previous thoughts on this matter expressed in the June 11 and July 17, 1991 memos). Herrick stated that it is possible that a court, given the conflicting testimony regarding the amount of alley usage, could determine that the alley has been used by prescription (refer to Herrick's August 9, 1991 memo). Herrick also stated that if the City Council vacates the alley as requested without approval from Mr. Measner, that there may be a basis for damages (Measner would have to prove this in a court action) . Should the City Council wish to approve the vacation request, Measner would have to be provided a driveway to his lot. In return, Measner should sign a waiver which would prevent any future claim against the City. The cost of construction of a driveway ranges from $1,000 -$1,250. Mr. Measner states that his first priority is a garage; either a tuck-under garage facing the street or a detached garage in the rear. His second priority is access to his lot. He would agree to the vacation only if he could be assured of a permit to build a garage as well as construction of a driveway. We have investigated the options to construct a garage on Measner's property. A tuck-under garage is possible, but it would be very expensive since the house would have to be lifted 2- 3 feet in order to achieve proper drainage to 2 1/2 Street. More than likely, the cost of such a type of construction would exceed $10,000 to $15,000. A detached garage in the rear of the property would not be possible due to a variety of reasons. First, the Hagberg SAV August 23, 1991 Page 2 width of the lot is only 40 feet. While a garage could be constructed with the door facing south, it would be 20 feet long and thereby leaving only 17 feet to drive the car into the garage. It is not possible to maneuver the car back out of the garage with this short amount of distance. Constructing a detached garage facing west, or toward the alley, is prevented due to the change of slope in the property. The house is 4' - 5' lower than the elevation of the alley. Significant filling would have to occur at the rear of the home in order to achieve the proper 25 foot setback from the alley. PlanninQ Commission Recommendation At its June 19, 1991 meeting, the Planning Commission unanimously recommended denial of the vacation request. Staff Recommendation Staff recommends that the City Council concur with the Planning Corumission recommendation. If the City Council chooses to approve the vacation, first reading of the ordinance should be subject to the following: 1. Mr. Measner should si.gn an agreement agreeing to the vacation and waiving his right to file action against the City. 2. The petitioner shall prepare a 10 foot drainage and utility easement to be retained over the vacated alley. 3. The petitioner shall pay for the preparation and installation of a dead-end alley sign to be placed at an agreed-upon location along the alley. BD/dn M-91-625 3A INCf�u�NT�REPORT C.,� « 9 1-126 15 1 FRIDLEY POIiCE OEPARTMENT M�Z�� OffENSE ON tNC10ENT PARKING owr� S M� W TH F pATE REPOriTEO TtME RECEIVED T�ME 013PATCMEO TII�/E ARRIVEO T16AE COM?LETE� /// 08/21/91 1623 1631 164b Heo: e- �aeto F� OA�E OCCYAREO �� �V��� " /J _ P - phoee ri.wce oF oGCUnner+CE oao • d� � Peter ponald Measner (14/�5/fifi IqME AOORESS V►10NE 5834 2 1/2 Street 571-2279 _ IUSINESS AOONESS � 11EPOATEO BY A • �1a�w R 1 - tn persoe Y - vlsual M - �ail T - other AOO�iESS � -- q�sn s ofF�c.�n �ssu�EO souno' ISN UOC �►uc��+r vKUE: P fuhl kmw 2t�24 vwi.uE of oMU►a�: �ss�snHCS ofF�c�cs� auwp �novK � v� �ECOVe�o: M1IESTEO/5115PECT(S) OR OESCRIPTION TMIE OF AME: �. 2. ppe WITNESSES A��� ��� � OETA0.5 Of HiC10ENT: /1001TIONl1l 11ErONTx Complainant wanted us aware of a vehicle, 555-CNB, which was completely blocking the alley. Complainant wants us aware this happens every so often, so he is forced to leave his propert} by driving over a neighbor's parking lot. Vehicle in question moved upon my arrival. Copy to S�.zve Barg or Planning Commission./kmw ��` -�_� ', ���� , ��!' � . _ � , _ . � ," - �,-1<<f _.S r _ �<_ <: <. .._. � -�-/', -f- --�._�_ � . ,_ ,/� -. , -- _ ( .__�_ !� 1 :,� ��� ! L �. . �1.r� � � � T .- �a. _ _ / � � - � �� �/ / I ��'r "`l° UJ- .�C /\�� 'J� ✓t�:lti. ,/ �`/�. � r., �. F'.. �? '- z I C� �-'-�i. i n.7 �� t � � 1�. c � f � � J��/ ' / / / / / ' � � , , , , , I I � �,�..c_ �c_ ;� i cl -�t`qT _C � —!Z� t �, L� �/f E' / G. G �' °`cI c ti.c'i L< /-�, � � / S' � i _� �� � / / . � .. s� t'G�! !�LC. L'•_l. G� / C�. G / / / �% � j Q: �"a� S C 1 �� . i L�Gl'G ( G� C- �1 � C �� (�s! l � �� Y �• �q . �5 -�l. :s � . , � �? � � � 3B ' =��__ � Fr'.'pt9 E:HRtJG GU�'�' Lf14.� f•7F'L_. _. _.1'a`±1 1"41 F. _ M E M O R A N D U M TO: Barb Dacy FROM: Virgil HerriGk RE: Public and Private Rights in Allay E�samcnts DATE: Atiguat 9 � 1991. I am writing this memorandurn in response to our telephone conversatton of August 4, �991. It is partially in response to questions raisad by oouncilman Fitzpatrick, and a].so for_general. irtfc7rm2�tii�n fvt members of the p12�nning department. The �aats, as I undaretand them, in the prapossd all.ey vaca�ian invalving ldr. Meisner are as fallows: 1. �he alley in questian was areated by a dEdication on a plat. 2. The city has not opened ar establisbed or maintainad an alloy on thQ Q�iaomant�. 3. MY`. Meisner h�s been using �he a11Gy easement for aavess ta hia praperty. 4. Other ad j �tcent pi operty owners have used the alley foz� access to their properties for a number of years, the exact numb�r ig nat kriown at this time. �. The city has a pc�tition flf adjacenti property owners asking ta have the alley vaaat�d. W27ert t27e City accepts a, plat, it obtains an easern�nt far streets, alleys, parks and other public �reas that arc� dedicated in Giie plat. The City holds the easement in trust for the general public for the �urpvses indicat�d in the plat. In t2ie instant cas� tne pl�t snowea a dedicatior� fo� a pur�lic: ali�y. The ci�y �hus tzolds an easeni�nt far the purpose of �stablishing an alley �i� that lacation. Ti1� Mirntieso�a Supreaie Court in th� case of Vill�� of Me,�fo -d v�. I�ilsan, 230 N.vJ.2d 458, stiated na fa1loV�s: "It Ytas set a Iaw in Minnesota that, wYten r� s�zeet �� dedicat�d by a plat, a City may choose its awn tima to accupy, open and use the s�reet. Un�il the Ci�y does �o, suoh property may be used by the abutting landowner. Such use �s not reg�rded a� hastil� and 3C Ff'�if9 BGRtJ�; ��!I�'r LHi,i 'r1F�r. _. �.1�51 1�:�1 F. 3 will not ap�xate as an ab�ndanmerit of a public a�roat by the City. �� In the above situatian the city hae noti chosan to opan or establish the alley less aaaording to the d9C�3�0I1 isl the MedPard caae the �djoining property ownars can use the alley for priv�te purposes until such as the City dc�termines that it wapts to establish, improve and maintain an alley on the easement. As I undarstand the �acts, the City has not yet made a deterntination ta apen and establish r�n alley an the easement in questfon. There are o�h�r methode og establishing streets r�»d nlleys thAt somewhat campl.ioate the questivn in this case. An allay ann be estztbiishad by aomman law dedic:ation or �� tx prescriptive �asement. Common l�w dedic;�tion requires (1) an intent on the part r�f tha �wner to d�dicats land �o public use; (2) an action by the own�r indicativ� vf the intgntion, and; (3j acceptance by the pubiic. in this case it would appear.th�t the awrier or tha prapexty, at �he time of filing the pls� int�snd�d that a part of tihe p�.at be dediCated ar an alley and by filing the pl��. iridicated such f r,ten� ian . Public acceptance of a roadway may b� established by a camparatively amall number qf pe�sens. See Q�uqhertv va. Sowera 68 N.w.2d s66. It is pvssible that this alley has b�com� a putblic raadway �ay comman law dadication. Froiu the information that I have it appears that Che nll�y ha6 been accep�ed and used by various proper�y awners. The right ta use an alley may alsa be creat�d by r, prescriptive �aaement. see t�uis ve. Fulle?-, 22o N.w.2d 245. The analy6es a� prescriptive easement i.s similar to adverse possessfon but with same diff�rence. Craation vf a prescriptfve easement must be hostile, und�x a claim og right, actual, open, continuous, and eXClUsfve. The prascriptiv� Period is 15 years. The use af an alley Por vver zo years YYas k�ec�n held to give ris� to a right-o�- way by pre�uri��ion, �ry�r vs. Kistl�, 136 ?d.�`. 750. It would apgear thati rto sfngle property owr�er ha�s acquirad A pxescriptive right ta use the alley in as much as it appears that the general public aras using �iie alley. The�efore the property owners use �i�s nat exelusive conclusivn. Tt w�uld b� he1�Pu1 to ob�ain additianal in�orma�ion regard3ng the extient oP use af th� ality und th� period oP time that it was usea by adjacent property ri�ners. subject to obtaining that additiional �t1S�armation iti is my prelimin�ry apinion tiht►C �in �illey has been created by comman law dc�dicatioti. If tha� �'emains the conalusion then property awners adjacen� to the alley, including Mr. Meisner would be enGitled tv damages if the alley were vaGated. The plati�ing ot property in Minnesotia is reyulated by str�tute, Minn. srat. y505.01 provides as �ollows: 3D FRiJFi c":N��IJ1+ G'���4� �H(,� P1FL �, £. . igyl 1`:4�' F. 4 In �'e Ma iritananc�`�E Road Areas , eta . "Plats oP land may be made in accordanae with the provisiona of this ahaptc�r, and, when ao made and recorded, every dona�ion tia the public vr any person vr carporation noted thareon sYiall operatie tio cotzvey �he f�e o� a�.l land so danated, Por the uses and purposes t�amed or intended, with the same eYfect, upon the donar and his heir�, and in favor qf the donee, as though such la�nd wera conveyed by warranty dead. Land donated Par any public use in any munfcipality shall be held in the corporate name in trust for the puXposes ae� Eor�h or intQndod. Tiie r i 1 ing c�nveyanee streets as dedi�atiot� nece�sary. af tha plat pursuant to �505.01 operatea as a ta the public of such estat� or inte�esti in the i� neceasary to accomplish thQ Purpas� of the and no acceptarice by the gaverning bady is We pointi auti that the mere piatt�.ng of the land did nat in�tantly create an obliqation upan the town baArd to open artd maintain the dedicated atreete. our CASes have� consistently held that the municipality may determine �he time it will opan a street and assume the mainten�nce. tihereaf." Minnesota supreme caurt !n the c�►se of Vi23.�,ae og Mgd�ord v. ���, 230 N.W.2d 456, stated a� follcsws: �'Y�. is set�l�d ].aw in Minnesota that, when a street is dedicatfsd by pltit� a aity m�y chooae its own time �o occupy, open, and use the stre�ti. until tha city dv�s so, such praperty may be used by the abutting 1.andawner. 3uch use is not ragarded as hostil.e and will nat vpgrate ar an aUandonmEnt of a public str�et by thc city.•' 3E 612 780 1777 F�OM RARNR GU2V LAW MPLS. TO: FRQM: RE : DATE: Barb Dacy 7.19.1991 16�10 M E M O R A N D U M Virqil Herrick ; rJ� �!�- Al1ey VaCation - iiyde Pnrk JUly 17, 1991 This �s a follow up to my previous memorandum to you regarding the above subjoct. P. 2 ou ask whether, if th� Zn your memo of July 3, 1991, in item 5, Y Would have to p�►Y city were to vacate a portion of the alley theY Mr. Misner ior the cost nf �e wouldrbe�responsib].eiforaanY As I indicated previously, �hg clty ro ��,t . This would be decrease in value tia �th�Mvalue of the Misner property with the determined by finding without alley acces� arid de�hg�digferencevinuthesettwo figures would be the alley access. the damages that Nir. Misner would b� uallto�or lesstthan�the� cons�ructing the driveway woul.d be eq for the damages iigure, the city cduld offer to eonstruct an�ur��Y� claim driveway in retu�n Eor Mr. Misner's release of any against the city for the alley vacation. Y olicy question. Whe�her the ci�y should vacate the alle is a p However, be�ore the counc�l wewhat thekdamage figu�l�Orlthe I �hink they would like ti� know Misner property entai�s. It the cvuncil determines to go ah�ad with the vacation, the stasonablelagreement�b tweenihimranddthe attempt �o negotiate a rea city. 3F Virgil C. Herrick James D�. Hoeft Gregg V. Herrick Of C��unsel David P. Newman TO: FROM: DATE: RE: lH[IEIf�i$.�[��� � 1��,�Gayr1���'� —.�----- � ATTORi�I�YS A'I' I,AW M E M O R A N D U M I i, Michele McPherson, Planning Assistant ni��1� Virgil Herrick, City Attorney dU June 11, 1991 Vacation Request by Eugene and Jean Hagberg This memorandum is in response to your memo of May 31, 1991. In your memorandum you discuss the possibility of vacating a portion of an alley in Block 23, Hyde Park. As I interpret the material that you furnished me, a majority of the people adjacent to the alley are in favor of the vacation. However, one, Mr. Meisner, is presently using the alley for access to the rear of his lot for parking purposes. The Planning Commission asked two questions: 1. Will City action on the vacation request constitute a taking if it prevents access to Mr. Meisner's property? 2. Has there been precedent for the City to pay legal fees incurred by the property owner to record an access agreement? The general rule regarding a vacation of a right-of-way is that if a property owner is damaged by the vacation, he is entitled to compensation. The vacation of an alley constitutes a taking of part of the property owner's property rights. It is similar to a condemnation action and the measure of damages is the same; that is, the difference in value of the property before the vacation and the difference in value of the property after the vacation. Based on the information contained in the discussion before the Planning Commission, it would be my opinion that there is a very good possibility that the vacation would constitute a taking as far as Mr. Meisner is concerned. It would be my suggestion that one of the alternatives discussed by the Planning Commission be implemented before the alley is vacated. If this is not done, the City could be liable for damages to Mr. Meisner. If an alternative solution to his access problem is obtained, I would then suggest that Mr. Meisner be asked to sign an agreement that he is in favor of the vacation. Suice 205, 6�4U1 IJniversity Ad•enu� 1�. 3G °.`�. ;�fii�nc-soca 5�43?, til �-57]-.�ti ;�s Memo to Michele McPherson June 11, 1991 Page 2 I am not aware of any precedent for the City to pay legal fees incurred by a property owner to record an access agreement. However, the amount of fees involved in this would be minimum. If there were to be an access easement partially on Meisner's property and partially on the adjoining property, this would involve preparing two Quit Claim Deeds with cross-easements. The one easement would have to be signed by Mr. Meisner and his wife, if he has one; the other would have to be signed by the adjacent property owner. If either property has a mortgage, the mortgage company would have to assent to the granting of the easement. I would estimate that the entire cost of preparing the easement agreements and recording them with the county would not exceed $200.00. �� I trust that the above answers your questions. If not, please contact me. VCH:ldb 3H `-;,,� FRIDLEY CITY COIINCIL MEETING OF JIILY 22 1991 PAGE 2 PUBLIC HEARINGS• 1. PUBLIC HEARING ON A VACATION SAV #91-01 BY EUGENE AND JEAN �GBERG. TO VACATE THE 12 FOOT ALLEY IN BLOCK 23 HYD. PARK FOR A DISTANCE OF APPROXIMATELY 243 FEE SOUTH OF THE SOUTH LINE OF 59TH AVENUE GENERALLY LOCATED NOR OF 58TH AVENUE SOUTH OF 59TH AVENUE. EAST OF 2ND STREET. AND WEST OF 2-1f2 STREET: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:39 p.m. Ms. Dacy, Community Development Director, stated that tl�ris is a request to vacate the north 243 feet of a 12 foot alley located north of 58th Avenue, south of 59th Avenue, east of 2nd Street and west of 2-1/2 Street. She stated that the vacation is requested by the property owners as they have experienced a lot of nuisances such as parking and illegal dumping in the alley. Ms. Dacy stated that the purpose of an alley is to provide access for vehicles, utilities, and emergency vehicles. She stated that all the properties in this block, except for Mr. Measner's property, have access to abutting streets. She stated that a utility easement could be retained, and that the Police and Fire Departments did not need access from the alley for emergency purposes. She stated that the main issue is vehicular access. Ms. Dacy stated that the main purpose for vacating the alley is for the alley to be under the ownership of adj acent property owners and to eliminate the nuisances they have been experiencing. She stated that in Mr. Measner's case there would not be 100 percent guaranteed access. ' � � Ms. Dacy stated that the Planning Commission explored two optio�s. She stated that one option was to determine if Mr. Measner could obtain a permanent easement from the property owners at 5851 2nd Street or 5846 2-1/2 Street. She stated that the property owners were not in favor of this option. Ms. Dacy stated that another option was the creation of a driveway from 2-1/2 Street to Mr. Measner's home. Ms. Dacy stated that when 2-1/2 Street was improved a curb cut was not allowed for this property. She stated that she understands it is not possible to build a tuck-under garage, and that the only possibility for construction of a garage is to the rear of Mr. Measner's home. 31 FRIDLEY CITY COIINCIL MRETINQ OF JIILY 22 1991 PAGE 3 Ms. Dacy stated the Assessor's Office has noted that the property would decline in value if the alley is vacated, as it removes an option for access to Mr. Measner's property. Ms. Dacy stated that the Planning Commission recommended denial of this vacation request. Councilman Billings asked how Mr. Measner now accesses his property. Mr. Measner stated that he drives through the alley both from the north and from the south. Councilman Billings asked if the north portion of the alley were vacated, how would this impact Mr. Measner's ability to get in and out of his back yard. Mr. Measner stated that there is not enough turning width without pulling onto the north half of the alley. Coenri �h 2431 feets were v cat d if this would give�MrnSMeasner th the extra space he needed. Mr. Measner stated that he would then only have access from the south. Councilman Billings stated that he drove through the alley and that it is not very open from the south. He stated that to exit to the north he had to drive through tree branches. He stated that it looked like the ruts were almost non-existent on the north end of the alley. Mr. Measner stated that he is trying to keep the access to the north at a minimum because the property owners do not like it. Councilman Billings asked Mr. Measner if he was primarily using the south portion of the alley for access. Mr. Measner answered in the affirmative. Ms. Jean Hagberg, 5881 2nd Street, stated that it seems this vacation is based on whether Mr. Measner is going to have access to his property if he cannot park his vehicle in the front of his home. She stated that it seems the only way he is guaranteed access is if the City maintains the alley, as there is no way a snowplow can get in the alley in the winter. Ms. Hagberg stated that if the owner of the apartment building constructs a fence there is no way Mr. Measner can get in and out of his property. She stated that the only other access is to allow him to park in his front yard. 3J BRIDLEY CITY COIINCIL ME$TING OF JIILY 22. 1991 PAGE 4 Councilman Billings asked if the City plows alleys in the City. Mr. Flora stated that only if the alley is surfaced. He stated that the City only has about nine miles of surfaced alleys, and those were installed due to petitions from the property owners. Councilman Billings stated that the question is if the City can require Mr. Measner to park in the front yard, if a curb cut is provided, and if access is taken in the back, is the City liable. Mr. Gregq Herrick, representinq the City Attorney�s Office, stated that if the City restricts the ability of the property owner to utilize the back yard, it will reduce the value of the property so an argument could be made on Mr. Measner's behalf that the Council's action has affected his property value. He stated that he understands the only location for a qarage is in the back yard, and if access is not allowed to the area it would prohibit Mr. Measner from constructing a garage. Ms. Dacy stated that the issue is Mr. Measner�s ability to access a garage if one was constructed. Ms. Hagberg stated that in order for Mr. Measner to access his property he has to back onto part of the property on which the apartment building is located. She stated that there isn't room to construct a garage in the back and be able to get in and out. Mayor Nee asked the width of the lot, and Mr. Measner stated it was 40 feet. Councilman Billings stated that if the north half of the alley were vacated, and Mr. Mea�ner used the south portion for access, it would mean the property owners to the south could never vacate the south half of the alley. . Ms. Hagberg stated that she talked to the owners of the apartments, and it was stated that they would.not request a vacation because they would not have a place to stack their snow. Councilman Fitzpatrick asked if Mr. Measner was using the south portion of the alley for access in the winter. Mr. Measner stated that he just moved to his home in February. Ms. Cheryl Williamette, 6004 2-1/2 Street, stated that she was the previous owner of Mr. Meas�er's home. She stated that in the winter they shoveled and then used the south half of the alley for access. She stated that the alley has overgrown a lot since she lived there and felt that to improve the alley would be best for everyone. She stated that the alley was really all the access they had to the property. Ms. Williamette stated that a curb cut was not allowed when the street was improved because they actually had 3K FRIDLEY CITY COIINCIL MEETING OF JIILY 22, 1991 PAG$ 5 to provide access to a garage, and also that parking in the yard was not allowed. Mr. Reider, 5875 2nd Street, stated that he has a legal concern about someone getting hurt in the alley and who would be liable. He stated that he did not want to be held accountable for a ppaper" alley. He stated that the property owners wished to stop the traffic in the alley and have some privacy. He stated that he has lived in his home for three years, and the alley is not maintained by anyone. Mr. Reider felt that if the apartment owners wanted to vacate the south end they would have attended these meetings on the vacation request. He stated that he felt the six property owners to the north would r►ot be in favor of improvements because they did not want to pay higher taxes. Mr. Reider stated that if Mr. Measner was provided with off=street parking and access from the south half of the alley he would have two accesses. He stated that vacation of the north half of the alley would make him responsible for this property, and he could fence it or leave it open in order to make it safe. Councilman Billings stated that the entire alley could not be vacated because it denies Mr. Measner access to his backyard, and the only other choice is to improve the alley and assess those costs to the property owners. Councilman Schneider asked what prompted the property owners to request the vacation of this alley. Mr. Reider stated that the alley was not being used by any drive through traffic, but teenagers are using the alley and disposing of their trash. He stated that the only way to alleviate some of the problems is to vacate the alley. Ms. Judy Konsela, 5828 2-1/2 Street, stated that she has lived here for eight years, and there has always been traffic in the alley. She stated that if Mr. Measner is allowed to park in his front yard, it would block her view in the front of her home and decrease the value of her property. She stated that there is vehicular traffic, motor bikes, bikes, and pedestrians using the alley. Ms. Becky Street, 5825 2nd Street, she stated that there are woods behind her home and a lot of partying. She stated that there is apartment traffic through her yard, and when the snow was plowed at the apartment building it was plowed into her yard, causing her to lose several trees. She stated that her concern is where the snow would be placed if the alley is vacated. She stated that the major problem seems to be the disturbances and felt these will be shifted from the north to the south if the north half of the alley is vacated. She stated that if the alley is improved she would be assessed and, as a single homeowner, she could not afford this expense. 3L FRIDLEY CZTY CODNCIL MEETING OF JOLY 22. 1991 PAGE 6 Ms. Eileen Reider, 5875 2nd Street, stated that she had been cleaning the alley but has not done so the last several weeks. She invited the Councilmembers to come and look at the alley. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at�8:27 p.m. 2. PUBLIC HEARING ON AN ORDINANCE AMENDING SECTION 2.05 OF THE f �'RIDLEY CITY CHARTER: ; / MOTION by Councilman Billings to waive the reading of the ublic hearing notice and open the public hearing. Sec ded by Councilwoman Jorqenson. IIpon a voice vote, all voting ye, Mayor Nee declared the motion carried unanimously and the p ic hearing opened at 8:3o p.m. Mr. Hunt, Assistant to the City Manager, state that the Charter Commission is proposing an amendment to Chap r 2.05 of the City Charter relating to the manner in which va ncies on the Council that occur between elections are fill . He stated that, basically, the amendment divides vacanci into two classes; those which occur within the first three year of a term and those which occu-r �n the fourth year of a term He stated that there is another division regarding one, wo, or three simultaneous vacancies and four or more simult eous vacancies. Mr. Iiunt stated that there is problem with the present wording of the Charter. It states tha if there are four or more vacancies the remaining members shall, by unanimous vote, raise the Council up to four. He stated tha there is some question on whether that is possible if there wer four simultaneous vacancies because at most there would only b one remaining member, not members. Mr. Hunt stated that ince this language was written, the terms of oftice or �ttie Coun ' 1 have: changed from three to four �years. He stated the Chart Commission is proposing that if there is a vacancy in the f' st three years of a term, the remaining members of the Council ould call a special election. He stated that if a vacancy occ rred in the fourth year of the term, the Council would have e option of appointment. He stated that if the vacancy is ithin 45 days of a General Election, then the Council could exe ise only the option of appointment. Mr. Hunt stated that the urpose is to give the Council more flexibility in a year in whic an election occurs. He stated that if there are four or more cancies, the City Manaqer would call for an election and fill ail terms. • Mr. Backlund, Chainaan of the Charter Commission, stated that this proposed amendment has been discussed at length at the Charter Commission meetings in order to make provisions for the worst 3M CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 19, 1991 CALL TO ORDER• Chairperson Betzold called the June 19, 1991, Pla ' g Commission meeting to order at 7:34 p.m. ROLL CALL• Members Present: Don Betzold, Sue Shere , Connie Modig, Brad Sielaff Members Absent: Larry Kuechle, �an Saba, Dave Kondrick Others Present: Barbara Dac , Community Development Director Michele M herson, Planning Assistant -- Ronald enson, 5834 2-1/2 Street N.E. Paul Eileen Reider, 5875 2nd Street N.E. Pe Meisner, 5834 2-1/2 Street N.E. ggy Walker, 6339 5th Street N.E. aren Moormann, 5850 - 2-1/2 Street N.E. MOTION.b Mr. Sielaff, seconded by Ms. Modig, to approve the May 22, 19 , Planning Commission minutes as written. f A VOICB VOTE, ALL VOTING AYE, CSAIRPSRSON B$TZOLD D$CLARED MAY 22, 1991, PLANNING COMMISSION MINOTES APPROVED AS WRITTEN. 1. CONSIDERATION OF A VACATION, SAV #91-01. BY EUGENE AND JEAN HAGBERG• � To vacate the 12 foot alley in Block 23, Hyde Park, for a distance of approximately 243 feet south of the south line of 59th Avenue, generally located north of 58th Avenue, south of 59th Avenue, east of 2nd Street, and west of 2-1/2 Street. Mr. Betzold stated that this item was tabled at the last meeting in order to obtain additional information and a legal opinion from the City Attorney. MOTION by Ms. Sherek, seconded by Ms. Modig, to remove this item from the table. UPON A VOICE VOTE ALL VOTING AYE CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this is a request to vacate the north 243 feet of an alley that is located in the 5800 block of 2nd and 2-1/2 Streets. She stated at the last Planning Commission meeting, there 3N PLANNING COMMISSION MEETING JUNE 19 1991 PAGE 2 were several questions raised regarding the effect of this vacation on Mr. Meisner's property, 5834 - 2 1/2 Street N.E. Ms. McPherson stated a memo has been received from the City Attorney, and it is his opinion that preventing access to Mr. Meisner's property would constitute a taking. She stated the City Attorney suggested that one of the alternatives discussed by the Planning Commission be implemented, if the alley is vacated. She stated the alternatives are that an access easement be obtained or that Mr. Meisner be allowed a paved parking area in the front of his home. Ms. McPherson stated the apartment owners at 5851 2nd Street and 5846 2-1/2 Street were contacted to determine if they would provide Mr. Meisner with an access easement or a place to park his vehicle on a permanent basis. She stated both property owners indicated they would be reluctant to provide Mr. Meisner with any type of access easement. Ms. McPherson stated the City Assessor, Mr. Madsen, was consulted and it was his opinion that there would be a devaluation in the property, if the vacation is approved. She stated Mr. Madsen felt the property was not landlocked, but there would be no area to provide access to a garage, should one be constructed. Ms. McPherson stated it is staff's recommendation that Mr. Meisner have some type of access, prior to approval of the vacation, either by an access easement or paving the parking area in his front yard. Mr. Ron Swenson, 5834 2-1/2 Street N.E., stated there is an alley a block away on 60th and 2-1/2 Streets that is maintained by the City and asked why this alley cannot be improved and maintained. Mr. Betzold stated his position is that �f this vacation is not approved, the City should improve the alley and pave it. Mr. Swenson stated it seems neither the neighbors nor the City a�e willing to pay for the improvement. He stated you cannot drive a vehicle in the alley without it getting scratched. Mr. Pete Meisner, 5834 2-1/2 Street N.E., stated he does need some type of access to his property as he wants to construct a garage at some future date. He stated if the alley is open, he can construct a garage in the rear and, if the alley is vacated, he would need a tuck-under garage. Mr. Meisner stated he understands the City is not willing to consider a tuck-under garage. Ms. McPherson stated she did not know where Mr. Meisner obtained this information as there are several tuck-under garages on other properties in the City. She stated unless there is a structural problem, she could not see any reason for the City not allowing Mr. Meisner to construct a tuck-under garage. 30 PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 3 Mr. Meisner stated his only concern is that he has some type of access. Mr. Paul Reider, 5875 2nd Street, stated he felt the off-street parking in front of Mr. Meisner's home would give him the optimum access. He stated he favors vacation of the north end of the alley as it is�a drive-through and not maintained. He questioned who is liable if someone is injured as there are children riding dirt bikes in the alley. He stated he is concerned with the safety, and the four landowners to the north are looking for some relief to the activities that occur in the alley. Mr. Betzold stated if the north end of the alley is vacated, there has been testimony that it would be a lot more difficult for Mr. Meisner to access through the south end. He stated also that if the north end of the alley is vacated, there may be a request to vacate the south end. He stated he would not like to be placed in the position that by approving one vacation, the other one would have to be granted. Mr. Betzold stated it seems there are problems with any approach that is taken. He stated he reviews this from a policy standpoint, however, the Council wou�d also get involved in the budgeting issue, if the alley were to be improved. Mr. Sielaff asked what constitutes adequate access and if there was access only from the south, if this was adequate. Ms. Dacy stated there is access from the south,�but history has shown that this has not always been available. She stated what the City Attorney has stated is that Mr. Meisner may have no means to get to his property and that may constitute a taking of property. She stated her concern is that Mr. Meisner's property is not typical and does not have an access from the street and his sole access is from the alley. Ms. Peggy Walker, 633.9 5th Street N.E., stated she felt the alley should not be vacated. She stated she has not observed vehicles in and out of the alley, except the vehicles from the apartment building and Mr. Reider's neighbors. She stated she felt the apartment owners wanted the alley vacated so they can dump their snow in this area. Ms. Elaine Reider, 5875 2nd Street, stated she has cleaned the alley and removed debris. She stated she has talked with property owners regarding the alley and no one is even concerned or cares about it. She stated she wanted the partying that goes on the alley to stop, but wanted Mr. Meisner to have access. Ms. Dacy stated in regard to the question of liability which was raised by Mr. Reider, the City would be liable. She stated there are a number of paper streets and alleys in the City that are on the books and not improved. She stated if something happened on 3P PLA,NNING COMMISSION MEETING. JUNE 19, 1991 PAGE 4 City owned property, anyone would have the right to file a claim. Mr. Betzold stated if someone was injured and wanted to file a claim, there is nothing that prohibits them from doing so. Ms. Modig questioned how giving access to Mr. Meisner would affect the parking at one of the.apartment buildings. Ms. Dacy stated that in the case of the property owner to the north, if Mr. Meisner was provided access, he would have to access through the apartment's parking spaces. She stated the apartment owner did not want to give up any parking spaces in order to provide this access. Ms. McPherson stated as far as the apartment owner to the west, the area where Mr. Meisner would access is where the dumpster and fencing is located. Mr. Meisner stated he would be willing to clean the alley to a certain extent, but was told by City staff this was not a good idea as he would be on someone else's property. He stated he was advised that the City would not clean the alley. Ms. Dacy stated she knows the cleaning issue is frustrating for the property owners. She stated the current policy is that the City is not maintaining the alley, but as Ms. Reider testified, she has done some cleaning in the alley. She stated she believed the apartment owner must plow the alley for his tenants to get in and out. No other persons in the audience spoke reqarding this proposed vacation request. MOTION by Ms. Sherek, seconded by Mr. Sielaff, to close the informal public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY, AND THE HEARING CLOSED AT 8:05 P.M. Ms. Dacy stated if the Planning Commission chooses to recommend approval of this vacation request, the staff recommends that the petitioner pay for the cost of preparing and installing the dead- end alley signs and provide a ten foot drainage and utility easement over the vacated alley. She stated a provision should also be made for Mr. Meisner's property for an access easement or a paved area in the front yard so he has 100 percent access at all times. Mr. Betzold stated it seems the provision for an access easement is not feasible since the apartment owners are not willing to provide the access. He stated it seems any approach that is taken is liable to cost the City. Iie stated he did not know how to �l� � PLANNING COMMISSION MEETING, JUNE 19, 1991 PAGE 5 advise the Council as they make the spending decisions. Mr. Betzold stated from a policy standpoint, there is a problem that this is a nuisance and does not doubt it is an eyesore and, for this reason, probably should be vacated. Mr. Betzold stated, however, he cannot ignore the issue that by approving the vacation, it would be taking property from Mr. Meisner and he would probably have to be compensated. He stated Mr. Meisner has already been told he cannot park on the street, but he cannot be ordered to install a parking space in his front yard. He stated if the north end of the alley is vacated, Mr. Meisner may not be able to access on the south which may constitute a depreciation in his property. Mr. Sielaff stated he is inclined to deny the vacation request due to all the uncertainty. -- Mr. Betzold stated he is not opposed to the vacation, however, there are consequences if it is not vacated. He stated he felt the best recommendation he could make is not to vacate the alley. He felt if the alley is not vacated, the area probably should be considered for upgrading and improvement. He stated this would have to be the Council's decision as there would be considerable cost involved to improve it and they may wish to leave it as it now exists. Ms. Sherek stated if the vacation is going to cause a hardship to a person who is not a party to the vacation request, she would not be in favor of it. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend to City Council denial of Vacation Request, SAV #91-01, by Eugene and Jean Hagberg, to vacate the 12 foot alley in Block 23, Hyde Park, for a distance of approximately 243 feet south of the south line of 59th Avenue, generally located north of 58th Avenue, south of 59th Avenue, east of 2nd Street, and west of 2-1/2 Street. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated the City Council will hold the public hearing on this vacation request on July 22, 1991, but action on the request will not take place until the Council's first meeting in August. 2. PUBLIC HEARING: CONSIDERATION OF A SPE L USE PERMIT SP �91-07, BY BIZAL, INC.: Per Section 205.18.03.C(4) of t Fridley City Code, to increase the maximum lot cover e from 40� to 42.50 on Lot 1, Block 3, East Ranch Estates ond Addition, generally located at 7880 Ranchers Road N. . 3R CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 22, 1991 CALL TO ORDER• Chairperson Betzold called the May 22, 1991, Planning ommission meeting to order at 7:40 p.m. ROLL CALL• Members Fresent: Don Betzold, Dave Kondri , Brad Sielaff, Larry Kuechle (for Dia Savage) Members Absent: Dean Saba, Sue She k, Connie Modig Others Present: Barbara Dacy, ommunity Development Director Michele McP rson, Planning Assistant Steven Ba , Planning Assistant Jean Ha erg, 5881 - 2nd Street N.E. James eterson, 7995 Broad Avenue See ttached list MOTION by . Kondrick, seconded by Mr. Sielaff, to approve the May 8, 1, Planning Commission minutes as written. �A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED MAY 8, 1991, PLANNING COMMISSION MINQTES APPROVED AS WRITTEN. 1. CONSIDERATION OF A VACATION RE4UEST. SAV #91-01, BY EUGENE AND JEAN HAGBERG• To vacate the 12 foot alley in Block 23, Hyde Park, for a distance of approximately 243 feet south of the south line of 59th Avenue, generally located north of 58th Avenue, south of 59th Avenue, east of 2nd Street, and west of 2 1/2 Street. Ms. McPherson stated this is the 243 feet directly south of 59th Avenue. The alley is not improved, and all the properties in this general area are zoned S-1, Hyde Park. Alleys serve the public in three ways: They provide: (1) vehicular access; (2) location for utilities; and (3) access for emergency vehicles. In this particular instance, all the properties except one, 5834 - 2 1/2 Street, just south of where the vacation request ends, have access from either 2nd Street or 2 lf2 Street. Ms. McPherson stated the City has several advantages for vacating the alley. It will remove from the public responsibility part of. 3S pT.a�ING COMMIBSION ![EETIIdG. lIAY 22. 1991 PAGE 2 an alley that the City cannot maintain, transferring the maintenance responsibilities to the adjacent homeowners directly abutting the alley. It would also potentially remove nuisances of partying and iZlegal dumping of materials. Ms. McPherson stated the property owner, Pete Meisner, who depends on the alley for access could potentially still have access from 58th Avenue, which is the�south entzance ta the alley, or if he could come to some type of agreement with the apartment building directly to the west of him at 5851 - 2nd Street, he would still have access to his property. Ms. McPherson stated there are several disadvantages to vacating the alley. In the past, the Council has preferred 100$ agreement for vacating an alley or street. Included in the aqenda packet are minutes alluding to a 1963 alley vacation in which the petition was to vacate a portion of an alley; and in the process of review, the entire alley, without 200� agreement, was vacated. However, the original petition for the portion of the alley was 100$ agreed upon by those persons directly abutting the alley, the same as this current request. Ms. McPherson stated that in 1980, a similar request to vacate all of the alley in Block 7, Hyde Park, was approved by the City. In that instance, a petition with 100� of the adjacent property owners was submitted. In the Hyde Park neighborhood, there are two partially vacated alleys and four entirely vacated alleys. Ms. McPherson stated vacating a portion of the alley creates an alley that has a deadend which would require that someone driving into the alley would have to back out the same way he/she entered the alley. With only one entrance to the alley, access would be prohibited should someone park in the south area of the alley, and this would prohibit the access of Mr. Meisner's property. Ms. McPherson stated a third opportunity for access to Mr. Meisner's property would be for the City to allow a parking area to be paved in his front yard. However, in reviewing the building file in 1978, apparently City staff told the previous property owners that they could not use a curb cut in their front yard, even though the Code allows parking in the required front yard if the parking does occur on a hard surface. Ms. McPherson stated that in evaluating the request based on the three public purposes (vehicular access, emergency vehicle access, and location for utilities), the only requirement that is not met is the fact that the access to Mr. Meisner's property could potentially he hlocked. There are NSP overhead wires in the alley; however, a 10 foot drainage/utility easement submitted by the petitioners would still allow access by the utility company to repair and maintain their lines. The Fire Department does not 3T PLANNING COMMIS$ION MEETING. MAY 22, 1991 PAGE 3 require the alley for emergency access, so the remaining issue is to ensure that Mr. Meisner has guaranteed access to his property. Ms. McPherson stated staff is recommending to the Planning Commission that this vacation request not be granted until Mr. Meisner has guaranteed access to his property, either by an easement agreement with the property owner of 5851 - 2nd Street, the apartment building directly to the west of his property, or by the City allowing him to pave a parking area in the front yard. If either option does occur, staff would recommend the portion of the alley be vacated as requested, the north 243 feet, with two stipulations: 1. The petitioner shall pay for the cost of preparing and installing the deadend alley signs. 2. The petitioner shall provide a 10 foot drainage and utility easement over the vacated alley. Ms. McPherson stated staff is also recommending that perhaps the Planning Commission might want to discuss the policy issue of vacating part or all of alleys in general and make a recommendation to City Council. Mr. Betzold asked how access to Mr. Meisner's property is being denied. Ms. McPherson stated that Mr. Meisner's house has no garage and no driveway from 2 1/2 Street. In order for Mr. Meisner to remove his vehicle from the street, he uses the alley to park in his rear yard on the grass. On occasion he has had to call the City to say that someone has piled brush in the alley or someone has parked in the alley which prevents him from accessing his property. Mr. Kuechle asked if there is any record for the number of parties or disturbances that would indicate a good reason to vacate the alley. Ms. Dacy stated the Police Department has records, but staff does not have that information for the meeting. Ms. Jean Hagberg, 5881 - 2nd Street, stated that they have lived at this address since 1964. Until last year, the alley has not been drivable, because of high ruts. In the last year, they have had NSP cut down trees, and the neighbors cleaned up the alley. They also hauled in dirt to fill in the ruts, because they had plans for vacating the alley on their end. Ms. Hagberg stated their reasons for wanting to vacate the alley is because of the kids that go back there and party, because of broken glass, cans, beer bottles, and other debris, and cars driving through the alley at 2:00-3:00 a.m. 3U pLANNING COMMI88ION MEETING, Ml�Y 22. 1991 PAGE 4 Mr. Paul Reider, 5875 - 2nd Street, stated that he owns the property adjoining the Hagbergs. He stated snowplowing is a concern of his since this alley has never been plowed. This alley has no gravel on it, and it is very muddy when it rains. At this point in time, he did not expect the City to come in and spend any of his tax dollars to improve it. Six months out of the year, the alley is filled with snow. If the alley was plowed, what would happen to the snow? T� his knowledge, the alley has not been used for garbag�e re�aoval or fire access. He believed it would be a win- win situation for the City to not spend any money improving this property, and he would condone giving Mr. Meisner off-street parking in his front yard. Mr. Meisner's lot is very small, but he could have access to his rear yard from the south end of the alley and from the front. He did not want to cause a hardship for anyone. Mr. Meisner stated there are no lights in any of the alleys that the City is not maintaining. So, it is very dark back there. He stated he walked down to the 5900 block where 1/2 of the alley is vacated. He did not see one sign saying "deadend". He did not see any signs saying "end of street" or any barricades. He asked some people if there were any problems with the vacation of the alley, and there did not appear to be any problems. Regarding snow removal, they said they are at the discretion of the apartment building to piow them out. He did not understand that, because he is under the impression that he is not allowed to plow an alleyway with his personal vehicle. The people in the 5900 block told him of similar problems with the alley because of the darkness, a place for kids to party, and trying to keep the alley clean. Mr. Reider stated that if one-half of the alley is vacated, they will stop people from using it for a shortcut and for parties and it will stop the garbage that is ongoing. The broken glass is a big problem, and who is liable if someone gets cut while playing in the alley? If the alley is ta be kept open, then he thought lights are essential for security reasons. Mr. Betzold asked if vacating the northern one-half of the alley would preclude the vacation of the southern one-half in the future. Ms. Dacy stated that if the neighbors submitted a petition to vacate and had 100$ agreement from the adjacent property owners, then she did not see how the vacation of the northern half could preclude the vacation of the southern half. Ms. Dacy stated staff's recammendation is based on the objective to get the access issue resolved for Mr. Meisner or any future owner af his property. The record is not clear as to why the City denied the former property owner the ability to have a curb cut off that street in 1978 when the Code does allow it. They do not know if the property owner of the apartment building would be willing 3V PLANNING COMMISSION MEETING, MAY 22, 1991 PAGE 5 to record an access easement in perpetuity across their property to allow Mr. Meisner access. Mr. Pete Meisner stated that he has to have some type of access to his property. He is willing to work with the apartment building owner to get an easement as long as it is in writing. Mr. Kondrick asked how Mr. Meisner felt about a parking area in his front yard. Mr. Meisner stated a parking area in his front yard would take up almost his entire front yard. He would prefer to have access to the rear of his property. Mr. Betzold stated a third option for access to Mr. Meisner's rear yard is to come through the alley from the south. � Mr. Meisner stated the only problem with that is that he would have to drive in forward and then back out. He would still have to drive on a part of the northern part of the alley. Mr. Betzold asked about snow removal in the wintertime. Ms. Cheryl Williamette, 6004 - 2 1/2 Street, stated she is the previous owner of Mr. Meisner's property. She stated they had a big truck and they plowed the alley themselves. They always parked two vehicles in the back yard. She stated that in 1978 when the City came in and tore up the old streets and put in new streets and curbs, they decided they would like to put a parking area in the front yard. She stated the property is on a hill, and there is no way you can guarantee that a vehicle parked on the hill in the wintertime is not going to slide down the hill. So, it is not an option unless they dig into the hill, and there is water and sewer on part of the property. At one time, she and her husband tried to see if they could put a drive-around to get to the rear of the house, but there is not enough room on either side of the house. Ms. Dacy asked Ms. Williamette if she remembered why the City did not allow a curb cut in 1978. Ms. Williamette stated the City said it was because they could not park in front of the house, that they needed some access around the house. Ms. Judy Konselo, 5828 - 2 1/2 Street, stated she owns the property next to Mr. Meisner. She stated she uses the alley to the south, and in the wintertime, the snow from the apartment building parking lots is stacked at the end of the alley, so access to the south for Mr. Meisner is not possible in the wintertime. Ms. Dacy stated that given these particular circumstances, staff thought the option for a driveway in Mr. Meisner's front yard 3W PLANNING COIrIIdIBBION KEETING, l�iAY 22, 1991 PAGE 6 should be reconsidered. The lot is only 40 feet wide, and there is no way to get to the rear from the front of the property, and it seems like a reasonable option. Mr. Betzoid stated that if the City does vacate the northern half of this alley, they are essentially taking property from Mr. Meisner. By denying him the access to the rear of his property and then requiring him at�the sa�e time to have some place to park his car, having to use his front yard for a driveway would diminish the value of his property. If the only access to the rear of the property is with an easement, that will cost someone some money, and somehow this is going to have to be worked out. He stated using the southern half of the alley is the worst scenario, because it is probably just a matter of time before the neighbors to the south are going to want to vacate their half of the alley. It is too bad the City turned down the curb cut and driveway 12 _years ago, because they wouldn't have this problem now. Mr. Betzold stated he believed there is an issue here, because the City is essentially taking property, and the City Attorney should review this matter before it goes to Council. He would also like staff to contact the apartment building owner and get more information on that option. Ms. Dacy stated staff will try to contact and meet with the apartment building owner at 5851 - 2nd Street to see if it is possible to get an access agreement, and they will also discuss this with the City Attorney. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to table SAV #91- O1, by Eugene and Jean Hagberg until the June 12, 1991, Planning Commission meeting in order to obtain more information and to get a legal opinion from the City Attorney. IIPON A VOICE VOTE, �LL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANZMOUSLY. Ms. Dacy stated that if not enough information is available for the June 12, 1991, meeting, the City will notify the neighbors about a week prior to the meeting. Ms. Sherek stated another question to be asked of the City Attorney is that if there are legal fees incurred by the property owner to record an access agreement, is there any precedent for the City undertaking the payment of those fees? 2. To vacate the east 110 x 40 fee of Dover Street as measured from the east right-of-way ' e of Broad Avenue, subject to an easement for utility p oses over the southerly 20 feet of the portion of Dove StrePt to be vacated and a walkway 3X ORDINANCE NO. AN ORDINANCE UNDER 3ECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF TAE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate the 12 foot alley in Block 23, Hyde Park, for a distance of approximately 243 feet south of the south line of 59th Avenue, generally located north of 58th Avenue, south of 59th Avenue, east of 2nd Street, and west of 2 1/2 Street. All lying in the North Half of Section 23, T-30, R- 24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to the stipulation adopted at the City Council meeting of SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF _, 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: July 22, 1991 First Reading: Second Reading: Publication: � 3Y WILLIAM J. NEE - MAYOR FINANCE DEPARTMENT � �r MEMORANDUM TO: WILLIAM � � , W. BIIRNB, CITY MANAGER �, FROM: RICHARD D. PRIBYL� FINANCB DIRECTOR SHARON FETTING, STAF'F ACCOIINTANT SIIBJECT: 1992 PRELIMINARY DRAFT BIIDGETS DATL: Auqust 21, 1991 In conformance with Chapter 7, Section 7.04 of the City Charter, attached is the 1992 Preliminary Draft Budget. The Budget should be presented to Council at the August 26, 1991 meeting. As can be seen by the attached Budget Overview, the Preliminary Budget for all budgeted funds, reflects a 0.6� decrease over the 1991 Budget. The 1992 General Fund Budget is at a slightly less than 1� decrease, whiie those funds included in the Budget Resolution reflect a 4.5� decrease over 1991. The 1992 Budget follows Council's direction to levy the property tax levy at the same level as the 1991 levy. The attached Budget Adjustments worksheet reflects the changes made since the Budget worksessions in June. We would also like to call your attention to a reclassification adjustment we have made in conjunction with our Auditor's suggestion. The operating transfers revenue in the General Fund, which is a reimbursement for personal services, has been moved from the Other Financing Sources category to the Charges for Services category. We have also moved the expenditure in the Special Revenue and Enterprise Funds from Operating Transfers Out to Personal Services. This is explained further on page 102 of the Draft Budgets. In conclusion, we present the 1992 Preliminary Draft Budgets. RDP/ s f Attachment 0 General Fund ................ ................................,,,. :....:., Special Revenue Funds :.:.......: ...... . ........ ...........,.. , Capital Projects Funds �.� . . . . . . . . ,. . . . .,, . . ...: :-.,.: : : : : : : : : ., :.. : _ .. ......: . . . . . ,. . ., Agency Fund 4}%3:i•:.•.}::•ik4.h:. .i.\.::V}i: � .v............ ........... .:x. Totai Budget Resolution Enterprise Funds .,:., <.:>:.::; <.;: :.:> �.;;;:.: ::;;:;.:,,- � Total �Budaet BUDGET OVERVIEW 1992 1990 9�0 Budget Actual Chan 8,871,403 8,069,380 ..:.:... ,..,..::.,:.,,.._,::. :::.::...: :.:...:...:::::... . .�.-�:�: 461,664 325,805 .. .� n . . ... ... ... ... ,...,....�...... 711,050 829,048 ( :., :.:: x::;. :.:.:.::::. :.::;;.::,:;.;::,::.:�::.:,;:.,r.;.::: .<.�n:.;;::::::...;.:..< t... ��~3,500 3,637 .::.� =h:.: .:.>:.,: >:. >:.: : :.�:.:..4:.;. .. .... ::.. :.: : ;�.: : :.::.:;:.::.: 10,047,617 9,227,870 6,560,780 5,794,088 Y . . . , .. ... . . rr ...... ..... ....,.. ..... .....,........:.::,. 16,608,397 $15,021.958 1991 ge Budget 9.9 8,968,759 .,. ........ . . ., . . . 41.7 482,961 14.2) 1,046,500 :. r: .:: : .:.,:.>:.: :.:: �:.::.. �(3.8). . 3,500 . .J8.9.. ...10,501,720,.. . � 13.2 6,202,590 ...... ...,.. . .. . . ........,. .... ,. . 10.6 $16,704,310 9�0 (1.1 � (4.6 � 47.2 0 {7iii:ivy;+ (4.5 � 5.5 1992 BUDGET ADJUSTMENTS GENERAL FUND REVENUES 1. Revised Local Government Aid Estimate 2. Increase revenue for adjustments in Administrative Charges 3. Decrease Recreation Fees 3. Increase General Fund Reserve TOTAL REVENUES EXPENDITURES 1. Cost of Living 2.5% Increase 2. Cash Benefit Increase 3. Electronic Mail 4. Insurance Premium Adjustment 5. Film Recorder 6. Truth in Taxation Notices 7. MDT'S 8. Fax Machine 9. Police Vehicles 10. Hazardous Materials Training 11. Personal Services adjustment for Firefighters contract settlement 12. Bicycle Path Stripping 13. Street Maintenance Position 14. Movement of Recycling Coordinator to Solid Waste Fund TOTAL EXPENDITURES SPECIAL REVENUE FUNDS CABLE N FUND 1. Cost of Living 2.5% Increase ' 2. Increase in payment to ACCW 3. Vectorscope 4. Increase in Operating Transfer to General Fund 5. Insurance Premium Adjustment TOTAL CABLE N GRANT MANAGEMENT FUND Cost of Living 2.5% Increase 4B ($9,955) 4,546 (3,500) 230�937 $222,028 $132,819 3,104 7,721 (10,891) (6,000) 600 (13,500) (1,950) (27,600) 12,000 1,610 1,000 (27,107) (36,933) $34,873 $464 1,750 1,400 454 535 $4.603 $Tl3 SOLID WASTE ABATEMENT FUND 1. Movement of Recycling Coordinator from Soiid Waste Fund 2. Insurance Premium Adjustment CAPITAL IMPROVEMENT FUND 1. Reduce Garage Roof replacement 2. Remove Meadowlands Picnic Shelter 3. Remove tennis court lighting for North Park 4. Reduce Little League Park Improvements 5. Reduce Overlay program 6. Remove East River Road Upgrade - Phase II WATER FUND 1. Cost of Living 2.5% Increase 2. Insurance Premium Adjustment 3. Increase in administrative charges for services 4. Depreciation adjustment 5. Additional FICA contribution 6. Health Insurance Premium Adjustment SEWER FUND 1. Reduction in Sewer disposal charge 2. Cost of Living 2.5% Increase 3. Insurance Premium Adjustment 4. Cash Benefit Increase 5. Increase in administrative charges for services STORM WATER FUND 1. Increase in administrative charges for services 2. Insurance Premium Adjustment 4C $36,933 41fi $37,349 ($47,250) (12,000) (5,000) (57,750) (188,000) (100,000) ($410�000) $5,133 (2,251) 2,925 {4,000) 1,100 (600) $2,307 ($20, 853) 4,058 (5,243) 240 2, 326 ($19,472) $1,140 (1,023) $117 FINANCE DEPARTMENT t �r MEMORANDUM ��f . •" TO. AILLIAM W. BIIRNB, CITY MANAGBR � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SHARON FETTING� STAFF ACCOIINTANT SIIBJECT: 1992 BIIDGET PIIBLIC HEARING DATE DATE: Auqust 21, 1991 Minnesota Statute requires local governments to hold public hearings on their budgets. The public hearing dates are required to be set and certified to the County by September 1. We are required to hold the hearings between November 15 and December 20. We have attached a letter from the Anoka County Auditor informing us of the Public Hearing dates the County and the School Districts have set for their budgets. As noted on the letter, we were informed by telephone on August 20 that School District #11 had to change their date due to a conflict. Their new hearing date is December 2. We recommend Council set November 18 as the Public Hearing date on the 1992 Budget and November 25 as the reconvening date if one is needed. RDP/ s f Attachment 5 i � auc i s �99t �� COU NTY OF ANOKA DEPARTMENT OF PROPERTY TAX ADMINISTRATION Edward M. Treska, Property Tax Administrator COURTHOUSE • 325 EAST MAIN STREET • ANOKA, MN 55303 August 15, 1991 (612) 421-4760 The Honorable, William Nee Mayor of Fridley 6431 Unive.rsity Ave NE I'riclley, MN 5543`l Dear Mayor Nee: The Truth in Taxation law, M.S. 275.065 requires cities to hold a public budget hearing for property taxes payable in the year 1992. The dates for this hearing cannot conflict with the dates set by the county or the school districts located in your city. This hearing must be held between November 15 and December 20. The following taxing districts w.ithin your city have set the following hearing dates: TAXING HEARING DISTRICT DATE Anoka County ..............December School District #11.......December School District #13.......December School District #14.......November School District #16.......December RECONVENING DATE 04.......December 11 03.......December 09 10.......December 17 19... ..November 26 10.......December 12 With this information you can now set the initial date for yo:.�r ouhl;c hParina anc3 a date F�z- �'P�c?mmPnc;�_rin the mPet?_no: if necessary. In addition, the time and location of the initial meeting, the phone number an interested taxpayer may call and your payable 1992 certified proposed property tax l.evy is due on or before September 3, 1991. If you have any questions concerning Truth in Taxation, please contact Dick Sivanich at extension 1136. Sincerely, �LXI.W G, � �'� � c���1i��G�----._:. Edward M. Treska Director of Property Tax Administration rS- -�C> �f l �''� �S{���1 flc%-�id��� �l�h�Ku �G:�ni� , EMT : JRS : se . � � , . � ,�-fi-yc. t � i l C%1��C1icl �/�� '� 5��J0� �� r.� n u �(.Cf `�L> Cx- �u,� .�, pec�� � c �(��n.�/�c.-f �,c�;-rh /����'i.� �.zu�, Affirmative Action / Ec�i pportunity Employer FINANCE DEPARTMENT t �r MEMORANDUM �, TO: WILLIAM W. BQRNB, CITY MANAGLR �` �' FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SHARON FETTING, STAFF ACCOIINTANT SIIBJECT: RESOLIITION CERTIFYING ��PROPOSED�� TA% LEV7i REQIIIREMENTS FOR 1992 TO THE COIINTY OF ANORA FOR COLLECTION DATS: Auqust 21, 1991 In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is a resolution certifying "proposed" tax levy requirements to the Anoka County Auditor. Chapter 275 requires the City to certify it's "proposed" tax levy requirements prior to September 1. The 1992 "proposed" tax levy of $4,751,465 represents a 0� increase over the 1991 levy. You may note that the levy does not include a Special Levy for the Unfunded Accrued Liability of the Police Pension Fund. The 1991 Legislature rolled this levy into a City's Levy Limit and therefore the City will no longer need to request a special levy. We request the City Council pass the attached resolution to certify the "proposed" tax levy requirements. RDP/sf Attachment � RESOLUTION -1991 A RESOLIITION CERTIFYING "PROPOSED° TAX LEVY REQUIREI�NTS FOR 1992 TO THE COUNTY OF ANORA WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the City to certify it's "proposed" tax levy requirements to the County Auditor; NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County Auditor of the County of Anoka, State of Minnesota, the following "proposed" tax levy to be levied in 1991 for the year 1992. GENERAL FUND General Fund CAPITAL PROJECT FUND Capital Improvement Fund - Parks Division AGENCY FUND Six Cities Watershed Management Organization TOTAL ALL FUNDS $4,660,276 $ 87,689 S 3,500 $4,751,465 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK . ' FINANCE DEPARTMENT t r��r MEMORANDUM TO: WILLIAM W. BIIRNB, CITY MANAGER � M� FROM: RICHARD D. PRIBYL� FINANCE DIRECTOR SHARON FETTING, STAFF ACCOIINTANT SIIBJECT: RESOLIITION ADOPTING A��PROPOSED�� BIIDGET FOR THE FISCAL YEAR 1992 DATL: Auqust 21, 1991 In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is the "proposed" 1992 Preliminary Draft Budget. Chapter 275 requires the City to certify a"proposed" budget to the County Auditor prior to September l. We request the City Council pass the attached resolution and adopt the 1992 "Proposed" Budget. RDP/sf Attachment 7 RE�OI�Ul'I�1 - 1991 ��:�_• � • • �• • � •,� •�:i:�� :�U�r.' �• � �:i' _ �,. � :r+• Wf�k2EA.S, Chapter 7, Sectic� 7.04 of the City CY�arter pravides that the City Manager shall prepare an annual b�et: and W�',RF,AS, Chapter 275, Sectian 065 of Mintzesota Statutes requires 'that the City shall ado�pt a"pro��osed" b�dget before Sept�nber 1; and W'�2EAS, Ci�apt�er 275, Section 065 of Minnesota Stabut�es requires that such "pral�osed" bvdget be oexfified to the Oo�unty Auditor; NOW Zi�REF�RE, BE IT RESOLUID, that the follawing ��proposedo budget be advpted and appraved: GENERAL FUND Taxes and Special Assessments: Current Ad Valorem Delinquent, Penalties, Forfeited Special Assessments Licenses and Permits: Licenses Permits intergovernmentai: Federal State - Homestead and Agriculture Credit Aid Local Government Aid All Other Charges for Services Housing and Redevelopment Authority Water Fund Sewer Fund Storm Water Fund Liquor Fund Cabie TY Fund Fines and Forfeits Interest on Investments Miscellaneous Revenues Other Financing Sources: IRDB Deposits Fund Construction Funds Empioyee Benefit Fund Closed Debt Service Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: Designated for repl of fixed assets General Fund Reserve TOTAL GENERAL FUND ESTIMATED REVENUE $3,546,183 78,045 f.312 123,833 2Q5.875 5,620 1,000,428 1,478,960 404,958 215,967 163,572 117,439 85,225 27,174 61,345 18,619 260,000 275,000 77,623 10,393 25,850 100,000 t 00,545 8.383,966 108.221 379,216 58.871,403 7A l.egislative: Clty Council Planning Commissions Other Commissions C+ty Managemeni: General Management Personnel Legal Finance: Elections Accounting Assessing MIS City Clerk/Records Police: Police Civil Defense Fire: Public Works: Civic Center Technical Engineering Traffic Engineering Street Lighting Public Works Maintenance Recreation: Naturalist Recreation Community Development: Building Inspection Planning Reserve: Emergency Nondepartmental: APPROPRIATIONS $107,317 3,829 5,586 290,381 80,214 168,000 46,480 487,520 157,395 148,046 90.805 2,696,027 8.702 667,719 176,532 452,640 60,405 144,400 '1,684,140 234,114 514,448 198,743 233,4p6 180,895 33,659 $8.871,403 SPECIAL REVENUE FllNDS Cable TV Fund $108,334 Grant Management Fund 198,463 Solid Waste Abatement Fund 172,246 TOTAL SPECIAL REVENUE FUNDS a479,043 CAPITAL PROJECTS fUNDS Capital Improvement Fund Taxes - Current Ad Valorem Interest on Investments Donations State Aid Construction TOTAL CAPfTAL PROJECTS FUNDS AGENCY FUND Six Cities Watershed Fund Taxes - Current Ad Valorem TOTAL AGENCY FUN� TOTAL $85,550 506,779 20,000 274,000 �886.329 $3.500 53.500 a,o,2ao.2� General Capital Improvement Streets Capital Improvement Parks Capital Improvement •. �� � � • �• - a�� : r i w •• w� • r i .� • • N� r � 1 �' /. . • . M M �I' . WTT T TAM aT. DiEE — MAYOR $90,955 198,463 172,246 5461,664 �114,200 245.000 351,850 5711,050 $3,500 a3,500 aio,oa�,s,� �j��i • FINANCE DEPARTMENT � � MEMORANDUM TOS WILLIAM W. BIIRNS, CITY MANAGLR �� �' FROM: SIIBJECT: DATE: RICBARD D. PRIBYL, FINANCE DIRECTOR RESOLIITION MODIFYING THE COMMLRCIAL DBVELOPMENT REVENQE BOND FOR FRIDLEY BIISINE88 PLASA PARTNSRSHIP AIIGIIST 21, 1991 Attached you will find the resolution that has been provided to us by Steve Rindsig from the law firm of Leonard, Street and Deinard. They are acting as Bond Counsel for the developer. All the information provided by Mr. Rindsig has been reviewed by James O'Meara from the firm of Briggs and Morgan who is acting as Counsel for the City in this particular action. I've attached his communication to provide you with the comments he had at the conclusion of his review process. By passing the the Industrial in 1986. RDP/me Attachment resolution it will allow the developer to remarket Revenue Development Bonds that were originally sold : FR!i1q EF,i�3r,� M��R6�;N _.F !THII)��.22.'?1 15:3; t�0.4G PpGc 4 �P'Ji]fT7F$�$ ]?I$ECT DInL 23G�ISE78 LAiv OFFICES �;3�,YGC�S �Nr� b�OI�GAI\ PROF'ESSIONdI. A.SSCX=�A7C1(?ti z�S00 FIRST' D7ATIOlv'AL H,.�a.,\;8 HIIILDI.Tl3 S �INT pAIIL� MISvTIESOTA bS101 TL�LEPII02dE (O1C) �L'3•6600 FACSIMZLE 4612) EE3-6�1b0 H E M O R A N D II M MI\'IC�iPpII$ OP'FICE ��I00 I D 3 CE.\TER �iL\'\L'lPOLis� ML\�iESOie 63aoC TEZEPHpITE f012e �34 �pypp F�hCSI7dIL$ (63C+1 .'�d-e6Cp T�: Fridley City Cauncil � � FRC3M: Jim O' Meaxa �� a',�- . � DATE: August 22, 1991 RE: Propos�d Amendments ta the Ci�yf� Commercial D�velopment Revenue Bonds (Fridley Buriness plaza Limited Partnership Projeat) ---------------�-.��...--------------------,._--_--------- �he City issued th�se "3�ndustrial development revenue bondsn in september af 1986 ta provid� �ax-�xempt financing to Fridley �usiness Piaza Limited partnership far constructian af an approximately 55,OQ0 square fdot multi-tenant in3ustrial/cammercial build�ng iacated generally in the south�as� quadrant of the iriterse�tian of 73rd Avenue and Un�.versity Avenue. These Sonds were and are not a debt af the City. To help secure the bonds, a letter af credit was abtained fram the Natianal Bank af Canada. It has been represented to me that the Praject has not rented up as weil as hoped (currentYy at about 80� l�ase�d) , Ghat it has experi�nced sam� c2,s�h flaw prob2em�, anci that the Campany has gone irita default an some of i�s obiigations under the Sond documen�s, �ncluding the naripaym�n� a� 3.ts property taxe� and special assessments in �990 and in the first half of 1991, and th� nanpay�aen� ot it5 debt se�vice abligations in �une and Jul�r of this year. Th� B�rik is standi,ng behind the Bonds wi�h its �etter of credit and it wauld have a number of options to d�al with these def2tults (there were several oth�rs of a more teohniaal nature). It apparently has elect�d to �xercise i.ts right to �"purcha�e" the �ands, wriich meana that the exi�sting band holders will be paid in fUil. in addi.ti.on, in wha� w�uld ap�►ear to be a"workout�� attempt aver the next three years, in the hopes that the Pro�ect will achieve self-�ufficiency, the Bank would renew i�s Letter of Credit for three years (again securinq the payment of the debt service on . � FCcl�9 6F'IGG: MOF,GqN •1F (THU7C��t.22.�41 15:3e• tJQ.4G FA�E 5 BRIGGS A*_vD �'1QFtGAN the �andsj, th� Bank would make a loan to the Gompar►y of approximately $3p0,000 (most o�' which will be used �a pay the delinquent taxes and the cost� of the transaction currently proposedj, and through Miiier & Schroeder Municipsls, Inc. to "remarket" the Bonds (preaumably, but not necessarily to the publiaj. The interest rate on these "Y'►ew" Bonds would be reset to the rate necessa�ry to market them �t par at the present time, bui this was �t feature of the original documents. In addition, there would be a deferral for three years of principal payme»t� which the original dacuments otherw�se required, although the average maturity of the �onds as a wholg is not being extended. We are not acting as bond counsel far this transaction but as special counsel ta the city. S�cause the matu�rities are being Ch�nged, there is a general belief on a technfcal level that this amounts to a"reissyance" for fedex�al tax purposes. The City is being asked to apprave an amendinent to the originai and restateci Indenture af Trust and a short amendmerit to the origin2�l Loan Agre�ment. These wauld technica�ly be required if this proposed transactian is to proceed. My ra].e is not ta reGOmmend to the Council whetber this propasal is warthy o� approval but rather to protect the interests o� the City should the Council decid� to proaeed. In no event, would the Bonds be payable by the City. I wauld point out that the original project invol.ved a$30,oQo tax increment cor�tribution far aafl corxection and the project currently is within a Fridley HRA tax irlcrement district, �d the non--payment of the progerty taxes, which was a benefit of the original bargain iri the first place, has n�ga�ively impactecl the �iRA�s tax increment expe�tations. Tixe resoluti�on which the Courtcil has been asked to consider o» Manday, August 26, has been subetantia7,ly revised in response ta my comments. zt d4es approve the City's execut�.on and delivery of the two ame»dments mentioned abave, but it stipulates that they may not be delive�ed unless and unt�l all the delinqu�nt taxes �nd special assessments have been paid and unless such ather cond�tions as we may think apprapriate by letter to bond counsel or barik counsel have been satisfied. These conditions wili include indemr►ificat�ian af the City from the Gampany, the Ha1�k, and Miller & Schroeder ag�inst any and all liability axieirig from the €ailure to abide by any app�icable state or f�d�ral securities laws. we are also �e�quir�ng COU�sel ta �eMder an opinian �o the City that all such applicable requiremen�� have in ��G� ��n met, Sinae nat all af the praposed dacuments (excep� those involving the city) have yet beert dr2tfted, I can't say whether additional r�quir�ments might be impased. � da b�lieve, hawever, that should the Cauncil decide to apprave this request, the Content af the document� involving the City wi.11 be &atisfactory. . �. : City Council of the City of Fridley, Minnesota Resolution No. A Resolution of the City Council of the City of Fridley, Anoka County, Minnesota, Approving a Second Supplemental Indenture of Trust and a First Amendment to Loan Agreement Respecting the City's Commercial Development Revenue Bonds (Fridley Business Plaza Limited Partnership Project) WHEREAS, pursuant to the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, the City of Fridley, Minnesota (the "City") issued its revenue obligation(s) for the purposes specified therein and for the financing of eligible projects thereunder; WHEREAS, pursuant to Resolution No. 102-1986, adopted by the Fridley City Council on September 22, 1986 (the "Bond Resolution"), and pursuant to an indenture of Trust, dated as of September 1, 1986 and Resolution No. 124-1986 which authorized a Supplemented and Restated Indenture of Trust, (collectively, the "Indenture"), between the City and Norwest Bank Minneapolis, National Association, in Minneapolis Minnesota (the "Initial Trustee"), the City issued its $2,800,000 (original principal amount) Commercial Development Revenue Bonds (Fridley Business Plaza Limited Partnership Project), bearing September 23, 1986, as the date of issue thereof (the "Bonds"); WHEREAS, Fridley Business Plaza Limited Partnership, a Minnesota limited partnership (the "Company"), constructed an approximately 58,000 square foot multi-tenant industrial/commercial facility (the "Project") in the City with proceeds of the Bonds upon the terms and conditions specified in the Act and the Agreement (as hereinafter defined); WHEREAS, the City and the Company entered into a Loan Agreement, dated as of September 1, 1986 (the "Agreement"), which provided, among other things, for the loan of the proceeds of the Bonds to the Company to be used to finance the Project; WHEREAS, the Indenture, the Bond Resolution and the Agreement contemplate the subsequent execution of Security Documents and/or : Credit Provider pocuments Indenture), as well as such Indenture and the Agreement connection therewith; (as defined in the Agreement and amendments of or successors to the as may be desirable or necessary in WHEREAS, there has been submitted to the City two supplemental documents entitled Second Supplemental Indenture of Trust, dated as of September l, 1991, proposed to be entered into between the City and First Trust National Association, as successor to the Initial Trustee providing certain amendments to the Indenture and entitled First Amendment to Loan Agreement, dated as of September 1, 1991, proposed to be entered into between the City and the Company providing certain amendments to the Agreement (such documents being hereinafter collectively referred to as the "Supplemental Documents"); and WHEREAS, copies of the proposed Supplemental Documents have been placed on file in the office of the City Clerk: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: Section 1. The City Council hereby finds that the approval, execution and delivery by the City of the Supplemental Documents would serve the interests of the City; provided, however that notwithstanding anything contained in this resolution to the contrary, the authorization herein for the execution and delivery of the Supplemental Documents is contingent on (a) the payment of all delinquent property taxes and delinquent special assessments levied against the Project, including any and all interest and penalties related thereto, (b) the effective cure (or waiver in accordance with the applicable provisions of the documents related to the Bonds) of all other defaults of the Company specified in the Company General Certificate to be dated as of September 1, 1991, and (c) satisfaction of such other conditions as Briggs and Morgan, as special counsel to the City, shall specify in writing to legal counsel to the Credit Provider and/or the Remarketing Agent (as such terms are defined in the Indenture). Section 2. The Bonds are and shall remain special and limited obligations of the City, payable solely from the revenues derived by the City from the Agreement and from the Trust Estate provided in the Indenture. Otherwise, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory or Home Rule Charter provision, shall not constitute or give rise to any pecuniary liability of the City, any charge against the City�s full faith and credit or taxing powers or any charge, lien or encumbrance, legal or equitable, upon any funds or other assets of the City. Section 3. The City Council of the City hereby authorizes the Mayor and the officers of the City to execute and deliver the 2 : � Supplemental Documents. All of the provisions of the Supplemental Documents, when executed and delivered as authorized herein, shail be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Supplemental Documents shall be substantially in the form on file in the office of the City Clerk with such necessary and appropriate variations, omissions and insertions as the Mayor and officers of the City executing the same shall approve, as evidenced by such execution thereof. Section 4. Except as otherwise provided in this resolution, all rights, powers and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution and the Supplemental Documents shall be exercised or performed by the City or by such members of the City Council or by such officers, board, body or agency thereof as may be required by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the Supplemental Documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council or any officer, agent or employee of the City in that person's individual capacity. Section 5. In case any one or more of the provisions of this resolution or the Supplemental Documents shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other such provision, but this resolution and the Supplemental Documents shall be construed as if such illegal or invalid provision had not been contained therein. Section 6. The officers of the City, attorneys, engineers and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with resolution and the Supplemental Documents for the full, punctual and complete performance of all the terms, covenants and agreements contained therein, including without limitation the execution and delivery of all supplementary certificates and documents necessary or advisable in connection with the execution of the Supplemental Documents. Section 7. Except for modifications contemplated by the Supplemental Documents, this resolution does not supersede, nullify or modify the Bond Resolution, which has remained in full force and effect since its adoption and which is hereby reaffirmed, but this resolution shall be construed as supplementary thereto in respect of the express authorization herein for the execution and delivery by the City of the Supplemental Documents. 3 : Section 8. The City Council hereby consents to the distribution of the Remarketing Statement prepared for the Bonds in connection with the remarketing of the Bonds; provided however, the City has not reviewed or participated in the preparation of the Remarketing Statement and assumes no responsibility for the accuracy or completeness thereof, or otherwise. Adopted by the Fridley City Council on August 26, 1991. � : _ � GTYOE FRIDLEY MEMORANDUM Municipai Center 6431 University Avenue N.E. Fridiey, MN 55432 � (612) 571-3450 Office of the City Manager William W. Burns TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager �,.�� DATE: August 22, 1991 SUBJECT: Senior Citizens Center Task Force The following individuals have agreed to serve on the Fridley Senior Citizens Center Task Force: Councilmember-at-Large Nancy J. Jorgenson Councilmember Edward J. Fitzpatrick Marguerite Gilbert Rose Totino Corinne Prindle Richard Storla John Gargaro We request that the City Council approve the appointment of the above individuals to the Fridley Senior Citizens Center Task Force. Thank you. /rsc 0 I _ � Community Development Department G DIVISION City of Fridley DATE: August 22, 1991 .� �. TO: William Burns, City Manager �. FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SU&7ECT: First Reading of an Ordinance Approving a Vacation Request, SAV #91-03, by William Pickering, Located at 1467 North Innsbruck Drive N.E. Attached please find the ordinance vacating the south 15 feet of a platted drainage and utility easement located on Lot 11, Block 2, Innsbruck North, the same being 1467 North Innsbruck Drive N.E. The City Council held a public hearing regarding the vacation at its August 12, 1991 meeting. Staff recommends that the City Council approve the first reading of the attached ordinance. MM/dn M-91-617 �0 ORDINANCE NO. AN ORDINANCE IINDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION l. To vacate the Southwesterly 15 feet of the Northeasterly 40 feet of the platted drainage and utility easement of Lot 11, Block 2, Innsbruck North, generally located at 1467 North Innsbruck Drive N.E. All lying in the South Half of Section 24, T-30, R- 24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: August 12, 1991 First Reading: Second Reading: Publication: 10A � _ � Community Development Department P G Drvisiorr City of Fridley DATE: August 22, 1991 � /� `�. TO: William Burns, City Manager �• ' FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Comprehensive Sign Plan for 250 Osborne Road N.E. Attached please find the proposed sign criteria for Osborne Crossings, located at 250 Osborne Road N.E. The sign plan provides each tenant an individual cabinet sign which will not exceed 5' x 20' or the maximum area set forth by the wall sign formula in the sign code The cabinets will be located on the front wall of the building. Each tenant will be allowed to choose their color and style of lettering which will be placed on a white background. The landlords are also proposing that in addition to the wall signs centered between each tenant's lease lines, each tenant will be allowed one 37 square foot wall sign placed on the southeast wall of the building. If wall signs are placed on more than one wall of the building, staff recommends that only the tenant whose space abuts the sautheast wall should be allowed to have wall signage placed on this wall. We believe that four 37 square foot signs may promote a cluttered appearance rather than just one sign. While there is no specific requirement in the sign code preventing the proposed request, comprehensive sign plans approved in the past have limited signage to the front of shopping centers. The tenants which are at the corners of the centers may have signage on the side wall (Joe DiMaggio's, Snyders). Staff recommends that the City Council approve the attached sign criteria for 250 Osborne Road N.E., with one amendment: l. Wall signage on the southeast wall shall be limited to the tenant whose space abuts the wall, and the sign shall not exceed 100 square feet (referenced II F of�sign criteria). MM/dn M-91-605 11 August 15, 1991 Michele McPherson City of Fridley 6431 University Fridley, MN 55432 Dear Michele: WEIS ASSET MANAGEMENT, INC. 3661 Minnesoto Drive Minneqpolis, Mirmesota 55435 Telephone: 612-831-9060 Eax: 612-831-3132 Enclosed is the sign criteria we would like to have adopted for our Osborne Crossings located at 250 Osborne Road in Fridley. I. GENERAL A) Only the area identified by a a sign and the of the Tenant. above the Tenant's premises shall be sign. the furnishing and installation of costs incurred shall be the responsibility B) It is intended that the signing of the retail stores on the center shall be developed in an imaginative and varied manner, and although previous and current signing practices of the tenant will be considered they will not govern signs to be installed on the retail stores. C) Each Tenant will be required to identify its premises by a sign. II. SIGN CRITERIA A} The wording of the signs shall be limited to the store name only, and such name shall not include any items sold therein. B) Multiple or repetive signing will be allowed only with the approval of the Landlord provided the area of such signing conforms to the iimitations set forth herein. C) D) All signs and identifying marks shall be within the limitation s of the sign fascia as set forth hereinafter. The height of sign cabinets will be 5`0" and not exceed 20'0" long. E) No sign may exceed 100 sq. feet or the maximum set forth by the City of Fridley Sign Code on any given wall. (Wall defined as that area between the tenant lease lines) 1 1�MMERCIAL PROPERTY LEASING AND MANAGEMENT F) In addition to the sign identifying the tenant premises, each tenant will be permitted to have an additional sign of 37 square feet on the east wall of the building. G) The sign cabinets to be constructed from aluminum and non- corrosive materials with plastic faces. H) The following design standards will be adhered to: 1) To be fabricated from aluminum translucent white acrylic face. 2) All signs must be U.L. labeled and meet with City of Fridley sign criteria. III. PROHIBI�'ED TYPES OF SIGNS OR SIGN COMPONENTS A) Moving of rotating signs. B) Back-illuminated signs. C) Signs employing moving or flashing lights. D) Signs employing painted and/or non-illuminated letters. E) Cloth, wood paper of cardboard signs, stickers, decals, or painted signs around or on exterior surfaces (including interior and exterior surfaces of doors and/or windows) of the premises. F) 5igns employing noise making devices and components. G) Sings, letters, symbols or identification of any nature painted directly on surfaces exterior of the premises. H) Roof-top exterior sings. I) Semi trailers with sign boards in the parking lot IV. PROCEDURE FOR SIGN DRAWINGS A) Tenant shall submit three (3) sets of blueline prints of the drawings and specifications, including samples of materials and colors, for all its proposed sign work. the drawings shall clearly show location of sign on storefront elevation drawing, graphics, color and construction and attachment details. Full information regarding electrical load requirements and brightness in footlambers is to also be included. ��B B) As soon as possible after receipt of the sign drawings, �Landlord shall return to Tenant (1) set of such sign drawings with its suggested modification and/or approval. C) Approved drawing copy must be presented to the City of Fridley along with application for permit to install sign. Sincerely, Weis Asset Mana ement Inc � r Robert E. Grootwassink REG/vs cc: Mike Hurley Enclosure 11C Engineering Sewer Water Parks 'Streets Maintenance MEMORANDUM TO: William W. Burns, City Mana er �� PW91-257 g d`. FROM: John G. Flora,�Public Works Director DATE: August 20, 1991 SUBJECT: Awarding Contract for Skywood Lane Water Extension Project No. 220 The City has received the MnDOT approval to install the 12-inch waterline in the I-694 right-of-way. We have not yet received an easement from Menards to install the 12-inch watermain behind their building. Bids were opened on August 7, 1991, and received by the Council on August 12, 1991. We are currently awaiting the utility easement from Menards and their signature to a letter of understanding regarding the improvement project. If these issues are resolved by August 26, 1991, we recommend the City Council award the contracts to Northdale Construction, the low bidder, for the Skywood Lane Water Extension Project No. 22_0 portions A and B for $108,632.00. If the Menards issues have not been resolved by the City Council meeting of August 26, 1991, I recommend this item be tabled so that we may continue working with the Menards organization. JGF/ts Attachments / � CIiYOf FWDLF.Y 12 BID PROPOSALS FOR SRYWOOD LANE WATER E%TENSION PROJECT NO. 220 WEDNESDAY, AUGIIST 7, 1991 11500 A.M. BID TOTAL PLANHOLDER BOND BID COMMENTB Northdale Construction 14450 Northdale Blvd Rogers MN 55374 Bonine Excavating 12669 Meadowvale Road Elk River MN 55330 Meyer Contracting Inc 19145 Vassar Street Forest Lake MN 55025 Brown & Cris Inc East Frontage Road of I-35 19740 Kenrick Ave Lakeville MN 55044 Volk Sewer & Water 8909 Bass Creek Court Brooklyn Park MN 55428 Glendale Contracting Inc 3030 Harbor Lane Plymouth MN 55447 Penn Contracting Inc 1697 Peltier Lake Drive Centerville MN 55038 5� �$108,632.00 5% �$123,466.91 5� �$124,645.80 5% �$125,309.05 5$ �$130,582.02 5� �$141,929.50 5% �$145,348.65 American Ductile Iron Pipe 12112 Lynn Ave S PO Box 278 NO BID Savage MN 55378-0278 CCS Contracting 1399 lOth St NW #304 New Brighton MN 55112 Hydro-Con PO Box 129 North Branch NIN 55056 Midwest Asphalt PO Box 5477 Hopkins MN 55343 Water Products 15801 West 78th St Eden Prairie MN 55344 NO BID NO BID NO BID NO BID 12A Engineering Sewer Water Parks Streets Maintenance MEMORANDUM �'� � TO: Wi.11iam W. Burns, City Manager PW91-252 FROM: John G. Flora, Public Works Direct:or � DATE: �t 22 � 1991 SUBJECT: �nqe prder No. 2 for St-xeet It�rwemnerit Plroject No. ST. 1991 - 1& 2 With the proposal to coi�stYV�ct th� Little Lea9ue Par'kinc! facility aryd exte.nd 3rd Street plus widen the parkuzg lot for the Fridley Liquor Store, w�e have developed neoessary plans ar�d specificatiar�s for these project.s. Change O�rler No. 2 to Street I�rave�ment Project No. ST. 1991 - 1& 2 is beir�g sub�nitted to incozporate the tw� additions to aur 1991 street t�anstructian program. The Little League parking facility is estimated at $46,452.00 ar�d the 3rd Street exter�sion with parkirig lot is estimated at $52, 679. 00 iu�rovement c�sts. ��u�d adjustment for these impravements will be subaaitted when fix�a.l costs are obtained. Reconnnerxi the City Cx�uzcil apprave Change O�ler No. 2 to ST. 1991 - 1& 2 for $77,906.50 constxuctian so that the project can be ooa��leted this year. JGF/ts Attachments 13 � CliYOF FitIDI.EI� � , CITY OF FRIDIEY IIIGIlVE�2.�TG DEPA�IT 6431 IINIVIIZSITY AVE., N.E. FRIDLEY, MN 55432 Augu.st 26, 1991 W.B. Miller, Inc. 16765 Nutria Street Ratnsey, MN 55303 SUB�TECr: C�lange Order No. 2: Street Improvem�nt Project No. ST. 1991 - 1& 2 Gentl.enten: You are hereby ordered, authorized, and instxucted to modify yaur aontract for the Street Impravement Project No. ST. 1991 - 1& 2 b�y addirig the follawitx� work: ADDITION• APPRfJX. ITII�I OUAAI'I':T.'I'Y PART A- I�fiI'L� LEAGUE PARKII�TG I� • 1. Remave pavement 700 Sq. Yd. 2. Common excavation 1,500 �. Yd. 3. Remove posts 1 Ixm� Stiun 4. Remove fence 1 Ixamp S�m► 5. Remove gate 1 I�unp Stnn 6. Transplant trees 2 Each 7. Construct C.B., type nCn or "G" 1 Each 8. 8" PVC storm line 155 Lin. Ft. 9. Concrete curb & gutter, B6-18 1,720 Lin. F't. 10. Aggregate base, class 5 850 �ons 11. BitLmLinous paving, type 2341 420 Tons 12. Adjust ring & frame 3 Each 13A �'� M� $ 1.25 2.60 50.00 100.00 25.00 60.00 :�� �� � •• 5.65 6.75 24.60 120.00 .�� $ 875.00 3,900.00 50.00 100.00 25.00 120.00 800.00 3,100.00 9,718.00 5,737.50 10,332.00 360.00 W.B. Miller, Inc. Page �tao Change Order No. 2 August 26, 1991 APPROX. 1TI'II�I QiTAN'I'I'I'Y PART A- I1fiI7�E LEAG�JE PARKIIdG L�7I' (Cor►t'd) • 13. Sod 600 Sq. Yd. 14. Seeding w/mulch & fertilizer 0.5 Acres 15. Parking lot stripirig �- « 1.50 1,500.00 (paint) 1,240 Lin. F`t. 0.20 16. Handicap symUols 3 Each 50.00 17. Mave sign 1 I� Stinn 100.00 18. Mave bleacher 1 I� S�.utt 100.00 TO'1'�L PAI2T A- LITI'I� LEAGUE PARI�G IOT: PART B- LIOUOR S'It�RE PARi�TG IO�I' & 3RD STRF�,T EX'I'II�tSION: l. Remave pavement 1,000 Sq. Yd. 1.25 2. Remove light pole 1 Each 300.00 3. Clear & grtal� roadway 1 I�tmtp Stnn 300.00 4. C�oarnnon excavation 1, 000 Cu. Yd. 2. 60 5. Remave c«rb 40 Lin. Ft. 2.40 6. Concrete pan (30" wide) 48 Lin. Ft. 10.00 7. Concrete curb & gutter design B6-18 900 Lin. Ft. 5.65 8. Aggregate ba_se, Class 5 1,200 Zbns 6.75 9. Asphalt PavirxJ, tYPe 2331 350 Tons 24.00 10. Asphalt paving, type 2341 300 Zbns 24.60 11. Tack coat 1,150 Gallons 1.00 13B . � •�� �� 750.00 248.00 150.00 100.00 100.00 � 37,365.50 1,250.00 300.00 300.00 2,600.00 96.00 480.00 5,085.00 8,100.00 8,400.00 7,380.00 1,150.00 w.s. riiller, Inc. Page Three Change Order No. 2 August 26, 1991 APPRnX. I'I�I 4UrANTIR.'Y PRICE PART B- LIOUOR S'I�ORE PARi�TG IAT & 3RD STREh,T EX'PIIISION (�nt'd) : 12. Striping 2,900 Lin. Ft. 0.20 13. Blac�c dirt, ing�ort 200 Cu. Yd. 4.00 14. Sod 900 Sq. Yd. 1.50 15. Allegheny sexvice b�rry (1 3/4" B& B) 9 Each 220.00 16. � Seagreen Juniper 23 Each 30.00 �� 580.00 800.00 1,350.00 1,980.00 690.00 TOT�L P�il�l' B- LIQOOR S'InRE PAi2I�G IAT & 3RD S'TRE�,'I' F.xI'IIZSIQQd: $ 40 , 541. 00 Rm'r,L FART A-?�7TL� I�TE PAi2i�G LOT: $ 37,365.50 TOTAL PAI�P B- LIQUOR STORE PARKIIaG IOT & 3RD STRFET EX'1'II3SIaQd: $ 40,541.00 GR�ID 'I�O'I'�L Q�NGE ORDER 1�. 2: � 77,906.50 TOTAL C�NGE ORDERS• Original Contract amoLUZt $ 366,230.00 Contract Addition - Change On�ier No. 1 6,904.00 Contract Addition - Ciiange O�ler No. 2 77, 906. 50 REVISEID OOI�fl�2�C.'T AIrYJiJI� $451, 040. 50 ?lora, Public Works Director, on the 26th day of August, � /� �i G. Flora, P.E. :tor of Public Works 13C n W•D. 1'lll��r� 1111... Page Four Change Order No. 2 August 26, 1991 Ap�roved and aooepted this Z Z 4� day of � v S T , 1991. b'Y WTTTTAM B. MIIZII2� INC. � t , � � Wi.11iam B. Mi.11er, President Appraved and aa�epted this 26th day of August , 1991, by a • • �. William J. 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' . � 1 A.{ {i C. '' i Y r� r. �.' � lt ' � }j�� .. ' `� y? � J� � n. t. 4 i 1w.. .. � � . I":' f � . {,•i � J �. L.; . � ` � l � .. . � � Si.ai`� t �,�t. .5 � � 4 . � . . t:- .tt t''G3}: : .�. : � r � � .+';i� C:. :y. ' - .�::`.� ... ...t �. :.. ., , ., y � :� �. ¢ ���; » ���,. �. .,, l �,' _.. t:� � --_../ r I 1 � � . � + -----------------------------------/ MISSISSIPPI STREET �� �a ----_ � T.._ —� _ -- — -_ = !� aROP~cuae `---------------1 �'`--- ��� � — � f � TCI BE RE110�E� 6818 CtC TO B�E �V D� — �.' -- , 8818 CieC 6 3 �C�_---� ,� �—_________ � � ,o ' uQuoR '�= '° �_ 1•I1 i�- -� L ' �� � � � r i STORE I� I � I+ ----- � � j \. � iL _ J` � I � ____=__� ( i9 e6ia \ L_J � � "'_ -� tb4ix �ac rt _ _ ` � / \ ------� I , � � f r--~---- . °�.�e i �_� � ? , . , \� � r \ I � � ` I. I � �� \ I� I � \ lw I Ij I � I I \ � { � I I �� L �+ _; _ J � � ���/i � � �" f � � I� � I 1 I$ � _ -- ����L- 13F Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: William W. Burns, City Manager 11� � PW91-254 qt FROM: John G. Flora,�rublic Works Director DATE: August 19, 1991 SUBJECT: 6 Cities WMO 1992 Budget The 6 Cities Watershed Management Organization has submitted a budget to the City of $10,000 which is the same as it has been for the last 2 years. In order to be consistent with the Joint Powers Agreement establishing the WMO, each City must receive the budget and approve it. Recommend the City Council receive and approve the 6 Cities Watershed Management Organization budget for 1992 at $10,000. JGF/ts 14 � � F1�� � ities ��� -s�oo Blaine " r� �ss-s22i Columbia Heights x�-2aao Coon Rapids 5r-anso • Fridley sn - zo� Hill Top 7a►-eos, spring take Park ..,....... ����%� � ._ ,r �_�,.,.�. �....,, .�.,..,,, 1^.....,.n.,,,, ,.., � ..,ti..,.,.�,.�....�.. ..........,.... �.,�,.. , .Iu�.�r 23, 1991 , ,. _ . �. v: ..�'I�:�. .��:� �.�:� r:��`� � � .�.�..��.�.... .,� � ,.,�.>.�,.�s::�;�r::l�ar��:....�___.u._.�._..__. .__--�------- - - .,_. �...,.�..�..,.,.,..�._�.. _._�.�........._.. ..,......�.. h;;;.�,...~:.. - . .� . _ ... nn..v..w..q�..�..y..�� .. „.��, : kr f.. r ...... H. +r ...r. .. r. �......oa..�....- w �. v.,.. .... ��������x . ......�.�..�^..�..:�:n.�._.�_.�___��_._� . �. ,�.:� . .�.�._..� .��...�.� , _..... . ._,. ... � � . . M.�.�,.....,�..�....�.�.....�.w� � �_.....µ ...,...,...�. �.. ���....�..,..�.�..� ��.....�.. �..�.�.��M,... ~ ��� ac��.� : ` ce` Bcr�rd L�"e,.�er�: � _ : � 14A � SIX CITIES WATERSHED MANAGEMENT ORGANIZATION RESOLUTION N0. 91-02 ESTABLISHING BUDGET FOR 1992 � WHEREAS, the annual budget of the Six Cities Watershed Management Organization shall be established in August to conform to the budgetary requirements of its member cities. NOW, THEREFORE, BE IT_ RESOLVED by the members of the Six Cities Watershed Management Organization that the 1992 operating budget be established as follows: � . .. Attorney S' 4, 500 Insurance $ 3,500 Administr�;.tion $ 1, 000 Audit � S 1,000 TOTAL BUDGET $10,000 The Six Cities Watershed Management Organization resolves that a levy is required to meet the budget in 1992. The Treasurer is hereby authorized and directed to prepare a letter and notification to member cities advising them of our levy requirements. PASSED by the Members of the Six Cities Watershed Management Organization this 18th day of Julv , 1991. ATTEST: Charles Lenthe, Secretary . � John G. Flora, Chairman MEMORANDUM _ Municipal Center �_ 6431 University Avenue Northeast Fridiey, Minnesota 55432 �RypF {612) 572-3507 ��Y FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager 1 �. Memo To: (�Tilliam W. Burns, City Manaqer��� • to the Cit Mana er � From. William C. xunt, Assistant y q��/ Subject: Chanqe in Date of December 16, 1991 Council Meetinq Date: Auqust 20, 1991 It has come to our attention that the December National League of Cities Conference has been rescheduled since the Council meeting schedule for 1991 was established. As a result, there is a conflict with the December 16, 1991 Council meeting. If the Fridley City Council wishes to change the Council meeting date from December 16, 1991 to December 9, 1991 it will require a motion to that effect. Such a motion would be appropriate at the Council meeting of August 26, 1991. WCH/jb MEMORANDUM - Municipal Center '_ 6431 University Avenue Northeast Fridiey, Minnesota 55432 p-n(pF (612) 572-3507 Fw�r Fax: �s� 2� s�y -� 28� Memo To: Nilliam W. Burns, From: William C. 8unt, wllllalri C. HUIIt Assistant to the City Manager Cit Mana er , Y g � `ru Assistant to the City Manaqer . � 8ubject: Authorization of Temporary Emplopees Date: Auqust 16, 1991 I am attaching copies of a resolution authorizing eleven temporary positions as permanent positions as well as the draft of the appointments for concurrence by the City Council at the August 26 meeting. Perhaps you would like to review these before they are presented to the Council at the August 26 meeting. WCH/jb � s RESOLIITION NO. - 1991 A RESOLIITION AIITHORIZING CERTAIN POSITIONS AS PERMANENT FOR THE PIIRPOSS OF INCLIISION IINDER THE PROVISIONB OF CHAPTER 3 OF THE CODE OF CITY ORDINANCEB WHEREAS, in addition to employees occupying positions authorized by the City Council as permanent full-time positions, Section 3.11 of the City Code states: "The City Manager shall have the power . . to make rules and regulations for the employment of temporary, part-time and contract employees . . . ."; and WHEREAS, from time to time it becomes evident that certain temporary positions established to deal with short-term staffing needs extend for a number of years and respond to on-going staffing needs of the City: and WHEREAS, the City Manager has identified certain positions, originally established as temporary, which do, in fact, respond to on-going staffing needs of the City and which have been filled continuously over a number of years; and WHEREAS, it is fitting that these positions be authorized as full-time permanent positions; NOW, THEREFORE, BE IT RESOLVED by the Gity Council of the City of Fridley that the following eleven (il) positions be authorized as full- time permanent positions: Public Information Specialist, City Manager's Office Secretary, Finance Department MIS Specialist, Finance Department Planning Assistant, Community Development Department Planning Assistant, Community Development Department Secretary, Community Development Department Engineering Technician/Inspector, Public Works Department Senior Citizen Program Coordinator, Recreation and Natural Resource Department Program Specialist, Recreation and Natural Resource Department Interpretive Specialist, Recreation and Natural Resource Department Receptionist/Clerk Typist, Recreation and Natural Resource Department PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 16A WILLIAM J. NEE - MAYOR Name James Froehle R. Marcelle Everette Charlotte Eckman Elizabeth Campbell Michele McPherson D. Lynne Saba Jon Thompson Constance Thompson Deborah Campobasso August 26, 1991 Position Public Info. Specialist Exempt Secretary Non-exempt MIS Specialist Non-exempt Planning Assistant Exempt Planning Assistant Exempt Secretary Non-exempt Eng. Tech./ Inspector Non-exempt Senior Citzn Pgrm Coord. Exempt Program Specialist Exempt Starting Salarv $25,157.28 per year $2,096.44 per month $ 9.87 per hour $1,717.55 per month $13.93 per hour $2,423.00 per month $27,769.80 per year $2,314.15 per month $27,769.80 per year $2,314.15 per month $10.34 per hour $1,799.34 per month $16.06 per hour $2,794.22 per month $32,036.40 per year $2,669.70 per month $26,507.52 per year $2,208.96 per month .: Starting Date Sept. 9, 1991 Sept. 9, 1991 Sept. 9, 1991 Sept. 9, 1991 Sept. 9, 1991 Sept. 9, 1991 Sept. 9, 1991 Sept. 9, 1991 Sept. 9, 1991 Replaces Newly Authorized Position Newly Authorized Position Newly Authorized Position Newly Authorized Position Newly Authorized Position Newly Authorized Position Newly Authorized Position Newly Authorized Position Newly Authorized Position Appointments by August 26, 1991 Page Two SCOtt Ramsay Janice Swanson the City Council Interpretive Specialist Exempt Receptionist/ Clerk Typist Non-exempt $27,769.80 per year $2,314.15 per month $ 9.35 per hour $1,626.55 per month 16C Sept. 9, 1991 Sept. 9, 1991 Newly Authorized Position Newly Authorized Position RESOLIITION NO. - 1991 A RESOLIITION AIITHORIZING AN ADDITION TO THS CONTRACT OF THE CITY MANAGER TO ALLOW FOR REIMBIIRSEMENT OF ANNIIAL LEAVE WHEREAS, under the Annual Leave Plan for Non-Union Employees effective January 1, 1983, approved by the Fridley City Council on December 22, 1982, provision is made for employees to exchange annual leave for cash under certain conditions; and WHEREAS, it is fitting that the benefits accruing to the City Manager be at least equal to the benefits provided to other city employees; and WHEREAS, in the contract between the City of Fridley and the City Manager, William W. Burns, dated August 29, 19��, and amended by Resolution No. 61 - 1989 on July 10, 1989, there is no specific provision for the above referenced exchange of annual leave for cash; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following clause be added to the contract of the City of Fridley with the City Manager, William W. Burns: 13. Once a year, at a time designated by the City, BURNS shall have the opportunity to exchange up to five (5) days of accumulated annual leave for cash. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK 17 19 20 FOR CONCURRENCE BY THE CITY COUNCIL GAS SERVICES Erickson Plbg Htg Cool Inc 440 Pierce Street Anoka MN 55303 Rollins Heating & A/C 2420 W Co Rd C Roseville MN 55113 Support Services 13589 - 67th Place N Maple Grove, MN 55369 (�FNFjZAL CONTRACTOR Midwest Siding & Remodeling 503 Andall St Lino Lakes, MN 55014 M. A. Family Trust 5750 Jefferson St NE Fridley MN 55432 R & M Associates 3482 Auger Ave White Bear Lake, MN 55110 Universal Homes 6209 Maryland Ave N Brooklyn Park MN 55369 HEATING Erickson Plbg Htg Cool Inc 440 Pierce Street Anoka MN 55303 Rollins Heating & A/C 2420 W Co Rd C Roseville MN 55113 Support Services 13589 - 67th Place N Maple Grove, MN. 55369 Ron Erickson Joyce Laird � Phil Ebert Pat Ready Roger Leffler Ray Palme Randal Zappa Ron Erickson Joyce Laird Phil Ebert 1 �� LICENSES CLYDE WILEY Bldg/Mech Insp. Same Same DARREL CLARK Chief Bldg Ofcl Same Same Same CLYDE WILEY Bldg/Mech Insp. Same Same PLUMBING Galascy Mechanical Contr Inc 3151 - 101st Ave NE Blaine, MN 55434 Warren Zimmerman 1 : STATE OF MINN C� t1.�:7 FOR CONCURRENCE BY THE CITY COUNCIL Auqust 26, 1991 �LOCATION OF BUILDING DUPLEXES & SINGLE FAMILY DWELLINGS: DAVID HALEK MATTSON PROPERTIES STANLEY MEINEN REGGIE & DARBY TRUEHL GEORGE LUNDE DONALD KOSS JOHN & KATHLEEN BAUMHOFER JAMES & JOYCE VINT DANIEL NELSON n TAMMY & TERRY MARQUARDT WILLIAM OUELLETTE GEORGE & NELL DAVIS SEAN MURPHY THORNTON & BUTGUSAIN WAYNE NELSON SARTAJ & NEETA SAHNI J. LEVANDER & N. OWEN GARY MUSKE MICHAEL BETZ KIRYLO & LITA CZICHRAY VIOLA FRONEYBERGER JOHN ZIELINSKI CLARENCE & LILLIAN FISCHER AP & JUNE NICHOLS JEROME & RAYE THOMPSON CARVER PARK RENTALS FOREST CORNELIUM AUREN KERNTOP FRANK SCHOENBERGER JOHN CHURA JOHN & DEBORAH MASTLEY DANIEL WINTERSTEEN ALLAN & BEV MATTSON TERRANCE DREYER R. CROWELL & P. MUESING AL SCHIRO DELORES PONESSA JOHN CRIST S. WILLIAMS & P. RUSTAD JAMES ISLER VICTOR & DELORIS DAML MARITA LARSON �� ROBERT SHIMANSKI 7313-15 ABLE ST 7325-27 ABLE ST 7349-51 ABLE ST 7365-67 ABLE ST 7401-03 ABLE ST 7447-49 ABLE ST 7463-65 ABLE ST 6880 BROOKVIEW 6070 CENTRAL AVE (F) 6070 CENTRAL AVE (R) 6588-92 CENTRAL AVE 7432 CONCERTO CURVE 6210-20 E RIVER RD 6276 E RIVER RD 7325-27 EVERT CT 7330-32 EVERT CT 7335-37 EVERT CT 7345-47 EVERT CT 1301-03 FIRESIDE DR 7865-69 FIRWOOD WAY 7879-81 FIRWOOD WAY 7883-85 FIRWOOD WAY 7889-91 FIRWOOD WAY 7893-97 FIRWOOD WAY 6091-93 HICKORY DR 411-13 IRONTON ST 421-23 IRONTON ST 4020-22 MAIN ST 5835 MAIN ST 5857 MAIN ST 5971-73 MAIN ST 6019 MAIN ST 6671-81 MAIN ST 120 MISS ST 1230-32 NORTON AVE 1237-39 NORTON AVE 1241-43 NORTON AVE 1260-62 NORTON AVE 1261-63 NORTON AVE 1270-72 NORTON AVE 1285-87 NORTON AVE 174-76 PEARSON WAY 6315-17 PIERCE ST 6325-27 PIERCE ST 6335 PIERCE ST LICENSES Page 1 UNITS 2 2 2 1 2 2 2 1 1 1 1 1 2 1 2 2 2 2 2 2 2 1 2 1 3 2 2 1 2 1 1 4 2 4 1 2 2 2 2 2 2 2 2 2 2 FEE 24.00 24.00 24.00 12.00 24.00 24.00 24.00 12.00 12.00 12.00 12.00 12.00 24.00 12.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 12.00 24.00 12.00 36.00 24.00 24.00 12.00 24.00 12.00 12.00 36.00 24.00 36.00 12.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 APPRQVED BY R.H. LARSON, FIRE P'LROO� TION BUREAU/HOUSING INSPECTOR � _ FOR CONCURRENCE BY THE CITY COUNCIL LICENSES _,�,,,^ Auqust 26, 1991 Page 2 OWNER DOUGLAS BTANNER DON JOHANNS CAROLE GADKE-ERGE JERRY JACOSON ARTHUR QUIGGLE III ANDREW KOCISCAK VERNON LINDBERG ED & DORIS CHIES DANIEL FAY ED & DORIS CHIES SYLVIA HOLMEN ROBERT HOSMAN AL BATES VIOLET ROCEK EDWARD OTREMBA RING BENSON APTS KENNEY BILLET ANDREW KOCISCAK NHC PROPERTIES RONALD & PATRICIA JOSEPH SINIGAGLIO WAYNE JOHNSON J & B PROPERTIES STEPHEN & DOREEN RICHARD KAPPES DOUGLAS FIEGE BEVERLY MATTSON RUTH MAGNUSON KAREN BESCH GARY MUSKE WILLIAM GUENTHER ROY ERICKSON TIMOTHY PARKER ELLERT IHLAN i�[����s� LISCHALK JOSEPH & IRENE MAERTENS DOUGLAS FINCH WALL COMPANIES n TIMOTHY FIETEK JAMES PEARSON ROBERT HUBER CHARLES WESTLING RODNEY BILLMAN �� -LOCATION OF BUILDING 6355-57 PIERCE ST 6373-77 PIERCE ST 6389-91 PIERCE ST 6401 PIERCE ST 101 �PILOT AVE 1631 RICE CRK RD 6140-44 STAR IN 7337-39 UNIV AVE 7361-63 UNIV AVE 7373-75 UNIV AVE 5816 2ND ST 5940-42 2ND ST 5783-5 2 1/2 ST 5791 2 1/2 ST 5057 3RD ST 5069-71 3RD ST 5121-23 3RD ST 5131-35 3RD ST 5141-43 3RD ST 5181-83 3RD ST 5191-93 3RD ST 6051-53-55 3RD ST 5339 4TH ST 5357 4TH ST 5370 4TH ST 5461 4TH ST 5820-22 4TH ST 5830-32 4TH ST 5840-42 4TH ST 5850-52 4TH ST 5860-62 4TH ST 5900-02 4TH ST 5916-18 4TH ST 5924-26 4TH ST 6232-34 5TH ST 6262-64 5TH ST 6303-6305 5TH ST 6337-6339 5TH ST 6401-6403 5TH ST 6431-6433 5TH ST 6459-6461 5TH ST 6487-6489 5TH ST 5346-48 6TH ST 5606-08 6TH ST 5335-37 6TH ST 5536-38 7TH ST 6300 7TH ST 6310 7TH ST UNITS 2 2 1 2 1 1 2 2 2 2 1 2 2 2 2 2 1 2 2 2 2 3 2 1 2 1 2 1 1 2 2 2 2 1 2 2 2 2 2 2 2 2 2 2 1 1 1 1 FEE 24.00 24.00 12.00 24.00 12.00 12.00 24.00 24.00 24.00 24.00 12.00 24.00 24.00 24.00 24.00 24.00 12.00 24.00 24.00 24.00 24.00 36.00 24.00 12.00 24.00 12.00 24.00 12.00 12.00 24.00 24.00 24.00 24.00 12.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 12.00 12.00 12.00 12.00 �PPR4VED BY R.H. LARSON, FIRE �Q�CTION BUREAU/HOUSING INSPECTOR LV � � OWNER FOR CONCURRENCE BY THE CITY COUNCIL Auqust 26, 1991 RODNEY BILLMAN u n JOHN SACCOMAN ROBERT RUSSELL WILLYAM FOGERTY MEYER & JOANNE BRODER GARY KNUTSON RODNEY BILLMAN n �� W.E. DOELZ n GORDON & ALTA JOHNSON GARY MUSKE GARY MUSKE DENNIS KUGLER GARY MUSKE ED CHIES CHARLES GRAMITH MULTIPLE DWELLING• F. GORDON TORGERUD DONALD TOPEL RUSSELL BECK RONALD BURG JOHN CZECH n PREMIUM INVESTMENTS n NATHAN SCIiWARTZ n n A & L MGMT. CO. �� n 0 FILISTER ENTERPRISES n a n n n �� u n u LOCATION OF BUILDING 6350 7TH ST 6360 7TH ST 6380 7TH ST 451-53 54TH AVE 217=19 57TH PL 349-53 57TH PL 276-78 58TH AVE 114-16 62ND WAY 401 63RD AVE 415 63RD AVE 445 63RD AVE 70-80 63 1/2 WAY 90-100 63 1/2 WAY 1333-35 73RD AVE 1581-83 73RD AVE 1591-93 73RD AVE 1560-64 73 1/2 AVE 1590-94 73 1/2 AVE 360-62 74TH AVE 380-82 74TH AVE LICENSES Page 3 6534 CENTRAL AVE 6542 CENTRAL AVE 7150,2,4,6 CENTRAL AVE 7170-6 CENTRAL AVE 6501 CHANNEL RD 6531 CHANNEL RD 6551 CHANNEL RD 6571 CHANNEL RD 101 CHARLES ST 179 CHARLES ST 180 CHARLES ST 1200 CHERI LA 1230 CHERI LA 1260 CHERI LA 1290 CHERI LA 5640 E RIVER RD 5660 E RIVER RD 5680 E RIVER RD 5720 E RIVER RD 5740 E RIVER RD 5760 E RIVER RD 5780 E RIVER RD 5800 E RIVER RD 5820 E RIVER RD 584Q E RIVER RD UNIT� FEE 1 1 1 2 2 2 1 2 1 1 1 2 2 2 2 2 2 2 2 4 4 4 4 4 4 11 11 12 12 12 18 18 18 18 42 42 42 42 42 42 42 42 42 42 12.00 12.00 12.00 24.00 24.00 24.00 12.00 24.00 12.00 12.00 12.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 24.00 36.00 36.00 36.00 36.00 36.00 36.00 49.00 49.00 49.00 49.00 49.00 61.00 61.00 61.00 61.00 109.00 109.00 109.00 109.00 109.00 109.00 109.00 109.00 109.00 109.00 APPRQVED BY R.H. LARSON, FIRE PfLROOTEECTION BUREAU/HOUSING INSPECTOR FOR CONCURRENCE BY THE CITY COUNCIL Auqust 26, 1991 OWNER FILISTER ENTERPRISES R. JAMES DAY KERSI & KRISHNA JAIN RIVER RD EAST CORP JOANN CIRKS FIVE SANDS DEV. u 0 u 0 LEONARD DAILEY RICHARD DEMPSEY ARNOLD ELMQUIST n n BIGOS PROPERTIES n MILTON & ELLEN HUGHES �� n ARNO & MARJORIE ROSIN DUANE TOLLEFSON LAURENCE & KAREN RUSSELL RICHARD & SOZANNE FEIST GERALD ENGDAHL ROBERT & KATHLEEN ANDRES MAYNARD & ELAYNE NIELSEN CHRIS JELEVAROV WALL COMPANIES PARK ASSOCIATES u 0 CHRIS JELEVAROV LANG-NELSON �� 713 COMPANY GARY SODAHL THOMAS WOLFF EXPERT REALTY MGMT. R. BLESI & R. WARD HERBERT AAKER CHESTER GROMEK ALPHONSE & REGINA KLISCH R. SMITH & J. WEBER JOHN CONDA JOHN RASMUSSEN MIKE MEZZENGA ROGER BLESI LOCATION OF BUILDING 5860 E RIVER RD 5940 E RIVER RD 5950 E RIVER RD 6540-50 E RIVER RD LICENSEB Page 4 655I E RIVER RD 7805 E RIVER RD 7825 E RIVER RD 7845 E RIVER RD 7875 E RIVER RD 7895 E RIVER RD 8191 E RIVER RD 6341 HWY 65 6370 HWY 65 6393 HWY 65 6417 HWY 65 5100 HORIZON DR 5101 HORIZON DR 6670 LUCIA LA 6680 LUCIA LA 6690 LUCIA LA 7400 LYRIC LA _ 4030 MAIN ST 6011 MAIN ST 6021 MAIN ST 6035 MAIN ST 117 MISS PL 157 MI$S PL 160 MISS PL 460 MISS ST 610 OSBORNE RD 630 & 650 OSBORNE RD 670 & 690 OSBORNE RD 6471-77 RIVERVIEW TERR 155-175 SATELLITE LA 195 SATELLITE LA 221 SATELLITE LA 6111 STAR LA 5770 2ND ST 5801 2ND ST 5848 2ND ST 6061 2ND ST 6511 2ND ST 6530 2ND ST 6551 2ND ST 5800 2 1/2 ST 5846 2 1/2 ST 5901 2 1/2 ST 5924 2 1/2 ST UNITS 42 12 12 141 11 59 59 59 59 59 5 10 15 7 7 5 5 16 16 16 8 3 4 4 4 4 4 4 103 9 34 34 3 33 20 12 18 8 3 8 4 4 4 7 4 6 4 7 FEE 109.00 49.00 49.00 307.00 49.00 143.00 143.00 143.00 143.00 143.00 36.00 49.00 55.00 36.00 36.00 36.00 36.00 57.00 57.00 57.00 49.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 231.00 49.00 93.00 93.00 36.00 91.00 65.00 49.00 61.00 49.00 36.00 49.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 APPR�VED BY R.H. LARSON, FIRE PROTECTION BUREAU/HOUSING INSPECTOR 2�F CITYOF fRIDLEY OWNER FOR CONCURRENCE BY THE CITY COUNCIL Auqust 26, 1991 DALE & BERNADETTE KNOTT HERBERT AAKER ARNOLD ELMQUIST u n n u JOHN MILLER n n �� MILTON CARLSON BIGOS PROPERTIES a �� n u n n �� JOHN RASMUSSEN JIM WEATHERLY DIANE & MARGUERITE SCHWARTZ JOHN JENSEN V. HOIUM & D. OTTERNESS LAURETTA WELTER WORTE ASSOCIATES RINEHART KURTZ RICHARD TKACZIK ROSCOE & HARRIET SMITH WALL COMPANIES 0 0 NEIL SCHULDT JAMES PENG WALL COMPANIES n ANTHONY & EVANGELINE NICKLOW KENNETH FRANKO u MARCK INV. CO. n n n BIGOS PROPERITES n CLARENCE REZAC WILLIAM & LINDA TOIVONEN �LOCATION OF BUILDING 5980 2 1/2 ST 6060 2 1/2 ST 4901 3RD ST 4913 3RD 5T 4921 3RD ST 4939 3RD ST 4949 3RD ST 4965 3RD ST 4985 3RD ST 5005 3RD ST 5025 3RD ST 5035 3RD ST 5200 3RD ST 5201 3RD ST 5230 3RD ST 5231 3RD ST 5260 3RD ST 5261 3RD ST 5290 3RD ST 5291 3RD ST 5955-65 3RD ST 5401 4TH ST 5347-49 4TH ST 5419 4TH ST 5644 4TH ST 5370 5TH ST 5400 5TH ST 5420 5TH ST 5450 5TH ST 5451 5TH ST 6311-6329 5TH ST 6347-6365 5TH ST 6409-6427 5TH ST 5410 5TH ST 5428 5TH ST 6437-6455 5TH ST 6465-6483 5TH ST 5400-2 7TH ST 5612 7TH ST 5640 7TH ST 1050 52ND AVE 1090 52ND AVE 1120 52ND AVE 1170 52ND AVE 215 53RD AVE 305 53RD AVE 251 57TH PL 359 57TH PL LICENSES Page 5 UNIT� FEE 4 4 7 7 7 7 7 11 11 11 11 7 11 11 11 11 11 11 11 11 4 4 3 4 7 3 4 4 6 32 16 16 16 4 4 16 16 3 11 11 16 16 16 16 4 7 7 8 36.00 36.00 36.00 36.00 36.00 36.00 36.0 49.00 49.00 49.00 49.00 36.00 49.00 49.00 49.00 49.00 49.00 49.00 49.00 49.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 89.00 57.00 57.00 57.00 36.00 36.00 57.00 57.00 36.00 49.00 49.00 57.00 57.00 57.00 57.00 36.00 36.00 36.00 49.00 APPRO_VED BY R.H. LARSON, FIRE 2 OO�ECTION BUREAU/HOUSING INSPECTOR VI r � �� OWNER FOR CONCURRENCE BY THE CITY COUNCIL Auqust 26, 1991 DAVID RUST GLEN PETERSON DANIEL O'NEILL WICKLOW PROPERTIES FIT BAR ENTERPRISES CURTIS BOSTROM RICE CRK TOWNHOUSE CO � u n � �� � �� � n � n � n n � �� � n � n � n � n EDRIC ASSOCIATES ROGER MEYER GEORGE KNOLL, JR RESHETAR SYSTEMS BUILDING MANAGEMENT R & B PROPERTIES RUDY BAYER MELVIN & ANNA HARTMAN RUDY BAYER TAG PROPERTIES MELVIN & ANNA HARTMAN WALTER KUCKES AUREN KERNTOP UNIV. AVE ASSOC. n �� n �LOCATION OF BUILDING LICENSES Page 6 262 57TH PL 380 57TH PL 390 57TH PL 150 59 1/2 WAY 151�59 1/2 WAY 190 59 1/2 WAY 1566-8-70-2-4-6 68TH AVE 1579-81-3-5-7-9 68TH AVE 1590-2-4-6 68TH AVE 1591-3-5-7 68TH AVE 1600-2-4-6-8-10 68TH AVE 1601-3-5-7-9-11 68TH AVE 1612-4-6-8 68TH AVE 1613-5-7-9 68TH AVE 1620-2-4-6-8-30 68TH AVE 1621-3-5-7-9-31 68TH AVE 1632-4-6-8 68TH AVE 1633-5-7-9 68TH AVE 1640-2-4-6-8-50 68TH AVE 1641-3-5-7-9-51 68TH AVE 1652-4-6-8 68TH AVE 1653-5-7-9 68TH AVE 1660-2-4-6-8-70 68TH AVE 1661-3-5-7-9-91 68TH AVE 1672-4-6-8-80-2 68TH AVE 1673-5-7-9-81-3 68TH AVE 1560-2-4-6-8-70 69TH AVE 1590-2-4-6 69TH AVE 1600-2-4-6 69TH AVE 1630-2-4-6-8-40 69TH AVE 1650-2-4-6-8 69TH AVE 1200 72ND AVE 1230-2-4-6 72ND AVE 1270-76 72ND AVE 1441 73RD AVE 1619 73RD AVE 351 74TH AVE 371 74TH AVE 211 79TH WAY 371 74TH AVE 181 79TH WAY 211 79TH WAY 231 79TH WAY 321 79TH WAY 101 83RD AVE 121 83RD AVE 131 83RD AVE 141 83RD AVE UNITS 8 4 4 12 12 12 6 6 4 6 4 6 4 6 4 4 6 6 6 4 6 42 4 4 18 24 11 4 8 4 8 8 7 8 41 42 36 36 FEE 49.00 36.00 36.00 49.00 49.00 49.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00 36.00� 109.00 36.00 36.00 61.00 73.00 49.00 36.00 49.00 36.00 49.00 49.00 36.00 49.00 107.00 109.00 97.00 97.00 APPR�VED BY R.H. LARSON, FIRE P�LR O u TION BUREAU/HOUSING INSPECTOR r� �PPR4VED BY R.H. LARSON, FIRE P1�Q��CTION BUREAU/HOUSING INSPECTOR 1 ' C(iYOF fRIDLEY FOR CONCIIRRENCE BY THE CITY COIINCIL AIIGUST 26, 19991 Chemlawn Commercial Services 1156 East Highway 36 Maplewood,MN 55109 ESTIMATES Corridor Maintenance Project No. 217 FINAL ESTIMATE . . . . . . . . . . . . . . . . . $ 4, 462. 58 Barna, Guzy & Steffen, Ltd. 200 Coon Rapids Boulevard Suite 400 Coon Rapids, MN 55433 Services Rendered as City Attorney for the Month of July, 1991 . . . . . . . . . . $ Newquist & Ekstrum,�Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of July, 1991 ......$ Allied Blacktop 10503 - 89th Avenue North Maple Grove, MN 55369 6,620.50 8,298.00 Street Improvement Project No. ST. 1991-10 (Sealcoat) Estimate No. 1 . . . . . . . . . . . . . . . . . $ 77, 095.88 21 21A � FROM: City of Fridley Engineering Oivision T0: Honorable Mayor and City Council City of Fridley 6431 U�iversity Avenue N.E. Fridley, Minnesota 55�32 DATE: AU6UST 12, 1941 CONTkACT ITEM Maintenance Services TOTAL i.ITY OF FRIDLEY PUBLIC NORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 CQRRIDOk MAJNTENANCE PRDJECT # 217 STATEMENT OF MORK ESTIMATED UNIT QUANTITY PRICE UNIT 1.00 15,522.00 LUMP SUM - �. RE: Estia�te No.�4 lFINAU Period 7-15 -91 to 8-01-91 FOR: CNEMLAMN SERVICES CORP. 1f56 E.HI6NMAY 36 MAPLEM000 MN. 55109 484-2700 GUAkTITY THIS E5TIMATE TOTAL 0. 25 t TOTAL AMOUNT f15,522.00 ---------------------------------------------- f15,522.00 . SUMMARY: Original Contract A�ount Contract Additio�s Contr�ct Deductions Revise� Cantract A�ount Value Co�pleted To Date Aaount Retained To Qate lOX) Less A�ount Paid Previausly AMOUNT DUE THIS ESTitEfITE CERTIFICATE Of THE CONTRACTOR , 101-Ob-635-�2400-63b4 f15,522.0U t0.00 f0.00 f15,522.00 f15,522.00 i0.06 f11,059.42 t4,462.58 1 herehy tertify that the Mork perfor�ed and the ��terials supplied to date under the ter�s of the tontract for this pro)ect, and ali anthorized changes thereto, have an actual value under the contract of the a�ounts shown on this esti�ate (and the fiaal quantities an the final esti�ate are correcti, and that tfiis esti�ate is just and correct and no part���l�.��A unt D� is Esti�ate' has been received. 1�..� � -� 1�--. �l � BY----------------------------------------------- Date ------------------ Contractor's Authorited Representative lTitle? CERTIFICATE OF THE EN6INEEk I hereby tertify that I have prepared or exa�i�ed this esti�ate, and that the contrictor is entitled #o pay�ent of this esti�ate under the contract for reference project. CITY Of fRI � ����y --jjj �� Checked By lPPRPA6E1`A6 RPA6EZ`A6P RPA6E3`A6PP 21C Date __�_-�- (__� ^� l Respectfully Subritted, f , ��� � ����� ���������� ����� n 6. flara�P.E. Public Morks Oirector CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 IIniversity Ave., N.E. Fridley, MN 55432 AUGUST 12, 1991 Honorable Mayor and City Council City of Fridley C/O William W. Burns, City Manager 6431 University Ave., N.E. Fridley, MN 55432 Council Members: CERTIFICATE OF THE ENGINEER . We hereby submit the Final Estimate for CORRIDOR MAINTENANCE PROJECT NO. 217 for Chemlawn Services Corp., 1156 E. Highway 36, Maplewood, MN, 55109. We have viewed the work under contract for the construction af CORRIDOR NIAINTENANCE PROJECT NO. 217 and find the same is substantially complete in accordance with the contract documents. I recommend that'final payment be made upon acceptance of the work by your Honorable Body and that the one-year contractural maintenance bond commence on August 5, 1991. Respectfully submitted, ��_ ohn G. Flora, P.E. Director of Public Works 21D Prepared by Checked by: August 12, 1991 City of Fridley CORRIDOR MAINTENANCE PROJECT NO. 217 J CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $15,522.00 and the final payment of $4,462.58 for the improyement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. CHEMLAWN SERVICES CORP. ,,,�� �` Mark Sullivan, Project Superintendent 21E August 12, 1991 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY CORRIDOR MAINTENANCE PROJECT NO. 217 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being AUGUST 5, 1991. Jon _ShD�Sson, Construc'tJ'ion Inspector Contractor�Representative, (Title) 21F August 12, 1991 City of Fridley CORRIDOR MAINTENANCE PROJECT NO. 217 � PREVAILING WAGE VERIFICATION This is to certify that CHEMLAWN SERVICES CORP. has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. CHEMLAWN SERVICES CORP. �ti �� Mark Sullivan, Project Superintendent 21G