09/30/1991 - 5110; �
FRTDLEY CITY COUNCIL MEETING
anror
F��� ATTENDENCE SHEET
I`'�onday, September 30 , 1991
7:30 P.M.
��='LEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
ITEM
nRINT NAME (CLEARLY) ADDRESS NUMBER
K� SCJ
'/
_ FRIDLEY CITY COUNCIL
F�� BEPTEMBLR 30� 1991
�
PLEDGB OF ALLEGIANCE:
PRESENTATION OF PROCLAMATION:
Shorewood Days
September 25, 1991 - October 15, 1991
APPROVAL OF MINIITES:
City.Council Meeting of September 9, 1991
ADOPTION OF AGENDA:
OPEN FORIIM, VISITORS:
(Consideration of items not on agenda - 15 minutes)
OLD BUSINESS:
Second Reading of an Ordinance to Amend
the City Code of the City of Fridley,
Minnesota, by Making a Change in
Zoning Districts (Rezoning Request,
ZOA #90-01, by Murphy Oil Companyj . . . . . . . . . . 1 - iG
�K1�L�Y Lll Y LVUNLIL 1r1��11rv vF ��Y1�M�3�K 30 � 1991 YaQ@ Z
OLD BIISINE88 (CONTINUED):
Second Reading of an Interim
Ordinance Placing a Moratorium
on the Issuance of Special Use
Permits for Exterior Storage of
Materials and Equipment�and Rock
Crushing Activities in the M-1,
Light Industrial and M-2, Heavy
Industrial Zoning Districts, and
Prohibiting their Location Within
the City While the Moratorium is
in Effect . . . . . . . . . . . . . . . .. . . . . . . . 2 - 2B
Nuisance Abatement at 64th Way and
Ashton Avenue (Tabled 9/09/91) . . . . . . . . . . . . 3 - 3J
NEW BUSINE88:
Locke Lake Discussion . . . . . . . . . . . . . . . . . 4 - 4B
Fridley Bus Company Discussion . . . . . . . . . . . . 5 - 5S
Establish a Public Hearing for
October 24, 1991, for the Light �
Rail Transit Preliminary Design
Plans. . . . . . . . . . . . . . . . . . . . . . . . . 6 - 6C
�
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 3v, 1991 Page 3
NEW BIISINESS (CONTINITED) :
Variance Extension Request,
VAR �88-06, by Wayne Johnson,
to Reduce the Rear Yard Setback
from 3 Fe�t to 1 Foot, and to
Reduce the Side Yard Setback from
5 Feet to 3 Feet, to Allow the
Construction of a Three-Car
Garage on Lots 25 and 26, Block 5,
Hyde Park Addition, the Same Being
6051 Third Street N.E. . . . . . . . . . . . . . . . . 7 - 7D
Approval of Easement Encroachment
Agreement:at Orthodox Church of
the Resurrection of Christ located
at 12 01 Hathaway Lane N . E . . . . . . . . . . . . . . . 8 - 8H
Receive the 1992 Budget of the
North Metro Convention and Tourism
Bureau. . . . . . . . . . . . . . . . . . . . . . . . 9 - 9E
Approval of 1992 School District
Referendum Levy Return Agreements . . . . . . . . . . . 10 - lOHH
Approval of Lease Agreement with
School District No. 14 to Lease
the "A" Frame Building Located
at North Innsbruck Park, Arthur
Street . . . . . . . . . . . . . . . . . . . . . . . . 11 - 11F
r'K1�L1,Y ciTY cvuNCiL MEETING OF SEPTEMBER 30, 1991 Paqe 4
NEW BUSINE88 (CONTINIIED):
Award Contract for Skywood Lane
Water Extension Project No. 220 . . . . . . . . . . . . 12 - 12C
Informal Status Reports . . . . . . . . . . . . . . . . 13
Claims . . . . . . . . . . . . . . . . . . . . . . . . 14
Licenses . . . . . . . . . . . . . . . . . . . . . . . 15 - 15E
Estimates . . . . . . . . . . . . . . . . . . . . . . . 16 - 16A
ADJOURN:
♦
SHOREWOOD DAYS
September 25 - October 15, 1991
William J. Nee
Mayor
Fridley, MN
`Li�3�f22l�,��S, tFieSFiorewoodofferssignifi'cantinsigktsintotkehi.storyof}"ridley,
as wel�as fine food many Fiave enjoyed• and
Z1%}�E2�,��1,S, tFie SFionewoocf is ma.rk,ing its 20 tk anniversary with twenty days o�
celed ration, Septemder 25 tFirou.gh Octo6er 15; attrt �
�}I�2Z,��(S, tFie Shorewood's "20/20 Specials"offer (ong-time Shonewoocl fans
and new aficionados a.�ik,e a cFiance to enjoy tke SFiorewood's fine cuisine; and
�l'V3f��,��5, the ceCedration'sgrand j"irtaCe willlook,to tFie future witk a seven
course cFie�sa�ute d'u�cner, honoring t.ke cFiefs utith whom tFie Shonewood's new
executive cFief, 7eff Con.C'in, has work,ed• �
�O�V, �f2�,��"0�,�, B� I�Z"2�,�SOL7�ED t(utt I, �LV'il�iam�. J1�ee, �fa�orof tFi.e
City of �ri�£ler� Fier�ed y proclaim Septemder 25 tFirougFi Octoder 15,1991 to de
SHOREWOOD DAYS
in t�ie City of �ricf�ey, and encourage afl �rulley citizens to attend and enjoy tFie
anniversary ce�ed rations at tFie SFiorewood.
I� `INI�I'J1��SS `YV�f��,�0� I Fiave set
rtu� Fiand and caused tFie sea�Cof tFie City of
�rutle� to 6e affi.�ed this 25th �Iay of
Septem6er,1991.
WILLIAM J. NEE, MAYOR
THE MINOTES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COUNCIL OF
SEPTEMBER 9, 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:
MEMBERS ABSENT:
Mayor Nee, Councilwoman Jorgenson, Councilman
Billings, Councilman Schneider, and Councilman
Fitzpatrick
None
PRESENTATION OF AWARD:
Mayor Nee stated that tonight an award was going to be presented
to North Suburban Consumer Advocates for the Handicapped (NSCAH)
and the City of Eridley by the Minnesota State Council on
Disability.
Mr. Steven Barg, Code Enforcement Officer, stated that this award
was being presented to NSCAH and to the City of Fridley jointly
for a project. He stated that the first "Access Guide to Friendly
Fridley" was published in 1983. He stated that the purpose of that
guide was to enable people with disabilities to find where they
could go for goods and services. He stated that it -entailed
identifying ramps, accessible parking areas, accessible bathroom
facilities, etc. He stated that the "Access Guide to Friendly
Fridley" was updated in 1989, and the second edition was published
in 1990. He stated that the Minnesota State Council on Disability
thought that publishing an access guide and updating it was
commendable. He stated that there are many more businesses in the
second edition.
Mr. Barg stated that NSCAH organized and did a lot of the work on
the project. He stated that the City of Fridley provided a grant
through the Community Development Block Grant program and also some
in-kind assistance. He stated that Clell Hemphill and Toni Dahl-
Wiske from the Minnesota State Council on Disabilities are at the
meeting. He asked Mr. Hemphill to come forward to make the
presentation.
Mr. Hemphill thanked the Fridley City Council for allowing them
time to make this award to a community and a group who have done
an outstanding job of recognizing a very important project on
FRIDLBY CITY COIINCIL MEBTING OF SEPTSMBER 9. 1991 PAGE 2
accessibility. He stated that the Minnesota State Council on
Disability has recognized Jesse Ellingworth and his organization,
NSCAH, as being a leader in the quadrant of the State and
especially in the attitude and product the Council is trying to
present, which is barrier-free accessibility.
Mr. Jesse Ellingworth stated that he was very grateful that he has
been able to work with the City of Fridley City Council and staff
many times in the past with the CDBG funds. He wanted to again say
"thank you" to the City Council and the City of Fridley. He stated
that NSCAIi has now moved its office from Fridley to the new human
services building in Blaine, but he hoped that Fridley will
continue to assist them in their efforts.
Mr. Hemphill stated that on behalf of the City of Fridley, they
would like to extend appreciation to Roger Blohm and the City for
all their efforts from the Minnesota Council on Disability.
Mr. Blohm stated that he wanted to thank the City Council for their
cooperation and monies that made the "Access Guide to Friendly
Fridley," second edition, possible. He stated it is his hope that
other cities in Anoka County will do what Fridley has done to make
Anoka County a leader in the area of accessibility. He also
thanked the other members of NSCAH and the people who went door to
door to get the names of the organizations and businesses and who
prepared accessibility reports on each organization/business.
Mr. Blohm stated that he hoped this placque would be placed in a
prominent position at the Municipal Center to show what has been
done in the City of Fridley. He stated that once again Fridley
becomes number one as a leader for people with disabiliti�s. -
Mr. Barg thanked Ms. Dahl-Wiske and Mr. Hemphiil from the Minnesota
State Council on Disability for presenting the award. He stated
that the "Access Guide to Friendly Fridley" was a joint effort
between the City of Fridley and NSCAH and that it is fairly rare.
He stated that there are only a couple of other communities that
have done this. The City of Fridley can be proud of making this
kind of commitment to people with disabilities. He stated that he
would also like to thank the Fridley Human Resources Commission and
the City Council for their participation. He stated that Marija
Netz from the Human Resources Commission was in the audience.
Mayor Nee thanked the members of the Minnesota Council on
Disability for coming and presenting this award, and he expressed
his appreciation to Jesse Ellingworth and Roger Blohm for their
contributions.
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 3
APPROVAL OF MINUTES:
COUNCIL MEETING, AUGUST 26, 1991
MOTION by Councilwoman Jorgenson to approve the minutes as
presented.
MOTION TO AMEND by Councilman Billings to amend the minutes on
page 11, last paragraph, first sentence as fol2ows: "All four
shall be of the same color background and lettering and shall have
the same style lettering." Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously and the minutes approved as amended.
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:
BRUCE LUNDGREN RE: FRIDLEY BUS COMPANY
Mr. Bruce Lundgren, 230 Rice Creek Terrace, stated that he has been
a resident of the City of Fridley for eighteen years. He stated
that he would like to address a situation developing in his
neighborhood regarding Fridley Bus Company. He stated that he was
speaking on behalf of a majority of the homeowners from 180-281
Rice Creek Terrace and 6721-6731 Main Street. He stated that many
of the homeowners were in the audience.
Mr. Lundgren stated that Darwin Voigt, the current owner of Fridley
Bus Company, has harmed the character of their neighborhood with
his recent expansion of his facility at the west end of Rice Creek
Terrace.
Mr. Lundgren stated that in 1973 the Fridley Bus Company was formed
by Roger Christenson after a great and heated debate at a City
Council meeting. He stated that he was a member of the audience
at that time and spoke at the meeting. He stated that at that
time, the neighbors were concerned about three basic issues: (1)
pollution, both air and noise; (2) visual impact of the light
industrial facility on a residential neighborhood; and (3) an
increase in traffic in the residential area. He stated that at
that time the City Council attached fifteen stipulations to the
building permit which included three stipulations about a 70 foot
green area augmented with trees and other vegetation; One
stipulation provided for inside storage of all the buses, one
stipulation was regarding construction of the building, and one
stipulation was regarding traffic on Main Street. He stated that
all these stipulations were agreed upon by the City Council, the
neighborhood, and the owner; and they seemed to protect the
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 4
neighborhood from their concerns and fit with Mr. Christenson's
description of the company as being a small school bus company
which wouldn't grow and would provide a service to the City.
Mr. Lundgren stated that Mr. Christenson sold the company to Mr.
Voigt in 1985. He stated that at that time about five school buses
were stored outside. He stated that was a violation of the
stipulations, but the neighbors were tolerant about it at that
time. He stated that since then, Mr. Voigt has increased outside
storage so that on Labor Day, 1991, there were 21 buses stored
outside. He stated that Mr. Voigt has increased the outside
storage of buses (which includes the large diesel coaches, city-
type buses, and school buses), and he has entirely destroyed the
70 foot buffer. He stated that in the last two months Mr. Lundgren
has brought the outdoor parking area to within 35-40 feet from the
nearest residential home, and he has erected an eight foot chain
link fence, which he states will screen the buses from the
neighborhood. Mr. Lundgren stated that he can read the writing on
the sides of the school buses through the fence.
Mr. Lundgren stated that these changes have turned the
neighborhood's 1973 concerns into their 1991 nightmares. He stated
that this increased outdoor storage has raised noise levels at all
hours of the night. He stated that the charter coach business
operates day and night. He stated that Mr. Voigt uses the
residential streets for testing his buses after doing repairs on
his own buses and, apparently, buses for other companies.
Mr. Lundgren stated that the diesel buses have increased the smell
in the area. He stated that some af the neighbors are concerned
about potential health hazards, as well as toxic air po�llution.
He stated that while the diesel engines do not emit the same level
of toxic gases as gasoline engines, they still stink. He stated
that the destruction of the buffer has increased the noise levels
for the neighbors from both buses at the garage and the trains.
He stated that the fence does not hide the buses. He stated that
he can see the buses clearly through the fence.
Mr. Lundgren stated that Mr. Voigt is not a resident of the City
of Fridley and has no long-term interest in the City. He stated
that Mr. Voigt has no investment in the City. He stated that in
a public hearing before the Planning Commission on August 21, 1991,
he stated that he was trying to relocate his business but couldn't
because he couldn't obtain financing, and that he planned to be out
of the City of Fridley within four years. He stated that Mr. Voigt
has claimed ignorance of the stipulations. He stated it does not
really matter whose fault it is whether it is negligence on his
part for not checking with the City, or negligence on the part of
the 1973 City staff for not filing the stipulations. He stated
that the result is that Mr. Voigt has destroyed the character of
their neighborhood for the next fifteen to twenty years or longer.
He stated that there is no longer a 70 foot buffer.
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 5
Mr. Lundgren stated that the neighbors have been extremely tolerant
of the bus company as it has infringed on the neighborhood over
the years. He stated that the increased number of buses has been
tolerated, but now with the destruction of the buffer, the
neighborhood is saying: "It must stop. They have been pushed too
far." He stated that the neighborhood would like City Council to
act on four requests: (1.) To issue an injunction against the
Fridley Bus Company which prohibits any further work on the outside
storage area until the issues regarding the stipulations are
resolved; (2.) To direct the City Manager, staff, and the City
Attorney, to enforce all the 1973 stipulations, specifically, the
indoor storage of all buses and the restoration of the green area
buffer with mature 15 to 20 foot evergreens, if that is required.
If these stipulations are not enforced, what affect does City
Council actions have in the Euture? How can they, as residents,
trust that future Councils will uphold the actions the Council
takes today? (3.) There was supposed to be a special use permit
on the Council agenda which was withdrawn by Mr. Voigt. He urqed
each Councilmember to obtain and study the minutes of the
August 21, 1991, Planning Commission meeting, including the
petition filed by the neighbors. There are about sixteen to
seventeen pages dealing with this item alone. (4.) The
neighborhood would like to be included as a regular agenda item at
the next City Council meeting to discuss this with a formal
dialogue.
Mayor Nee stated that he and the Councilmembers have read the
August 21, 1991, Planning Commission minutes. He stated that staff
has been doing a lot of work on this issue. He stated that it was
hard for Council to respond to the neighborhood at this point... He
asked if work is still being done by Mr. Voigt on the outdoor
storage area.
Mr. Lundgren stated that since the Planning Commission meeting,
Mr. Voigt has completed the fencing, including the gate, and has
added curbing alongside the building. He stated that the
neighborhood is concerned that he is going to asphalt the storage
area which would make it more difficult for the City to approach
him. He stated that tonight the neighborhood just wanted to gain
Council's attention and make sure they were aware of the situation.
Mayor Nee stated that Mr. Lundgren had raised some very good
points. He stated that Council is very aware of the situation and
is also very concerned about it.
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 6
OLD BUSINESS:
1. ORDINANCE NO. 976 UNDER SEGTION 12.07 OF THE CITY CHARTER TO
VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY
CODE (VACATION REOUEST SAV #91-03 BY WILLIAM PICKERING,�•
MOTION by Councilman Schneider to waive
ordinance No. 976 on the second reading
Seconded by Councilman Fitzpatrick. Upon a
aye, Mayor Nee declared the motion carried
NEW BUSINESS•
the reading and adopt
and order publication.
voice vote, all voting
unanimously.
2. FIRST READING OF AN INTERIM ORD�NANCE PLACING A M(JRATORIUM ON
THE ISSUANCE OF SPECIAL USE PERMITS FOR EXTERIOR STORAGE OF
MATERIALS AND EOUIPMENT AND ROCK CRUSHING ACTIVITIES IN THE
M-1 LIGHT INDUSTRIAL AND M-2 HEAVY INDUSTRZAL ZONING
�ISTRICTS AND PROHIBITING TAEIR LOCATION WITHIN THE CITY
WHILE THE MORATORIUM IS IN EFFECT•
Ms. Dacy stated that Council has had a long-term aoncern for
industrial uses that have extensive outdoor activities such as
junkyards, trucking terminals, rock crushing operations,
construction yards, etc. She stated that the proposed ordinance
would establish a moratorium on new development of their uses and
the issuance of special use permits for outdoor storage of
equipment and material. She stated that the purpose of a
moratorium is so that staff can conduct a zoning study of the
extent and impact of outdoor intensive uses that are now located
within the City of Fridley. She stated that the study is-intended
to determine wfiether the City should create a separate zoning
district for these types of uses. She stated that by creating the
zoning district, the property owner would have to file a zoning
application instead of a special use permit application.
Ms. Dacy stated that according to the ordinance, the Planning
Commission must consider an ordinance amendment within sixty days
of the date of adoption of the interim ordinance. She stated that
they hope to have a first draft of an M-3 industrial district at
a Planning Commission meeting in November. She stated that this
interim ordinance requires a four-fifths vote by Council.
MOTION by Councilman Schneider to waive the reading and approve
the interim ordinance upon first reading. Seconded by Councilwoman
Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 7
3. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY. MINNESOTA, BY MAKING A CHANGE IN ZONING
DISTRICTS (REZONING RE4UEST. ZOA #91-01) BY MARK KVALHEIM OF
BAILEY ENTERPRISES:
Ms. Dacy stated that the rezoning request is for an office building
located north of Mississippi Street and west of Holly Shopping
Center. She stated that the property is zoned R-3, Multiple Family
Dwelling. She stated that at the time the building was constructed
in the late 1950�s, an office use was a special use and/or a
permitted use in that zoning district.
Ms. Dacy stated that the proposal is to rezone the east half of
that building from R-3, Multiple Family Dwelling, to C-2, General
Business. She stated that the intent of the rezoning is to allow
the location of a children's consignment shop in the lower portion
of the eastern half of the building. She stated that the Planning
Commission recommended approval of the rezoning on a 3-2 vote with
the condition that the petitioner obtain a cross parking easement
for nine spaces for use in the Holly Shopping Center. She stated
that staff had recommended denial based on the fact that the lot,
as platted, does not meet the C-2 lot and structure requirements.
Ms. Dacy stated that Council conducted a public hearing on
August 26, 1991. She stated that she did not know the status of
whether or not the petitioner has been able to obtain the cross
parking easement with Holly Shopping Center.
Councilman Fitzpatrick stated that the children's consignment shop
is not a proper use in the R-3 zoning, and he did not think they
should redraw the lines to accommodate a particular business. He
stated that they would be degrading the property without adequate
parking, and they would be encroaching into the residential
neighborhood by bringing in a different zone.
MOTION by Councilman Fitzpatrick to deny the ordinance for first
reading. Seconded by Councilman Billings. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF
AUGUST 21. 1991•
MOTION by Councilwoman Jorgenson to receive the minutes. Seconded
by Councilman Billings. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9 1991 PAGE 8
5. RECEIVE ITEMS FROM THE APPEALS COMMISSION MEETING OF AUGUST 6
1991•
A. VARIANCE RE4UEST, VAR #91-21 BY ANNA WICHERN TO ALLOW THE
EXISTENCE OF A 3.97 SOUAR.E FOOT FREE-STANDING DAYCARE SIGN ON
LOT 9 BLOCK 2 SANDHURST ADDITION THE SAME BEING 6880 EAST
RIVER ROAD•
Ms. Dacy stated that the property is located on the west side of
East River Road, just south of the Lockeslea Girl Scout Camp. She
stated that the variance is to locate a free-standing sign in the
R-1, Single Family District and also for a four foot square sign.
She stated that existing on the property is a single family home,
and the owner of the property operates a daycare operation. She
stated that the sign has been in place for about three and one-half
years. She stated that the sign was brought to the City's
attention via complaints�about signage along East River Road.
Ms. Dacy stated that on August 6, 1991, the Appeals Commission
recommended approval of the variance with one stipulation: (1.)
The property owner shall submit a drainage and utility easement to
the City in order to complete a sanitary sewer improvement to the
facility when Anoka County completes the East River Road widening
project.
MOTION by Councilman Fitzpatrick to concur with the recommendation
of the Appeals Commission and grant variance request, VAR #91-21,
with the following stipulation: (1) The property owner shall
submit a drainage and utility easement to the City in order to
complete a sanitary sewer improvement to the facility when Anoka
County completes the East River Road widening project. -�
Councilwoman Jorgenson stated that the petitioner had requested
her to talk to John Flora in order to get the sewer hooked up to
this particular facility. She stated that the issue has been
addressed at least three times in the last two years. She stated
that she wanted to note for the record that the petitioner actually
instigated getting the sewer hooked up.
Mr. Herrick stated that he did not have a particular problem with
the sign, but he did think that the comment made by staff that
granting a variance for a sign in a residential district could set
a precedent may have to be dealt with by Council in the future if
and when other people make similar requests. He stated that it may
be difficult to deny similar requests in the future.
Councilman Fitzpatrick stated that Council has to deal with each
request separately.
Councilman Billings asked which hardship as outlined in Minnesota
State Statues is applicable to this piece of property that gives
council the authority to grant the variance.
FRIDLEY CITY COIINCIL MEETING OF SEPTSMBER 9, 1991 PAGE 9
Councilwoman Jorgenson stated that she believed they could address
the hardship as being the irregularity of the lot and the fact that
the house is placed considerably back from East River Road. She
stated that if the petitioner reduced the sign to 3 feet by 3 feet
and put it on the house, the sign would be illegible to people
driving by at 45 m.p.h.
Councilman Billings asked if the siqn could be put on the garage.
Councilwoman Jorgenson stated that the garage is set even further
back than the house, and there are some very large trees on the
boulevard that shelter a portion of the garage.
Mayor Nee stated that he drives by this area a lot, and he has
never even noticed the sign. He stated that if the sign has been
there for three years it is not doing what it is supposed to be
doing.
Seconded by Councilman Schneider. Upon a voice vote, Mayor Nee,
Councilwoman Jorgenson, Councilman Schneider, and Councilman
Fitzpatrick voting aye, Councilman Billings voting nay, Mayor Nee
declared the motion carried on a 4 to 1 vote.
6. RECEI�IE ITEMS FROM THE APPEALS COMMISSION MEETING OF
AUGUST 20, 1991•
A. VARIANCE REQUEST, VAR #91-22, BY JENNIFER AND RONALD PRASEK,
TO REDUCE THE REAR YARD SETBACK FROM 28 FEET TO 18 FEET, TO
ALLOW THE CONSTRUCTION OF A THREE-SEASON PORCH ADDITION ON
LOT 25. BIACK 2, HARRIS LAKE ESTATES. THE SAME BEING
1681 CAMELOT LANE N.E.:
Ms. Dacy stated that the property is zoned R-1, Single Family
Dwelling. She stated that the property is located at the end of
the cul-de-sac on Camelot Lane just south of Harris Pond. She
stated that the variance request is to reduce the rear yard setback
from 28 feet to 18 feet to allow the construction of a three season
porch. She stated that staff had recommended denial of the
request; however, the Appeals Commission recommended approval with
one stipulation: (1.) No construction shall occur within the 15
foot drainage and utility easement located parallel to the north
lot line.
Ms. Dacy stated that the hardship addressed by the Appeals
Commission was that this is a unique situation in that the property
abuts Harris Pond to the rear; therefore, it would not avercrowd
the neighborhood.
MOTION by Councilman Schneider to concur with the recommendation
of the Appeals Commission and grant variance request, VAR #91-22,
with the following stipulation: (1) No construction shall occur
FRIDLEY CITY COUNCIL MEETZNG OF SEPTEMBER 9, 1991 PAGE 10
within the 15 foot drainage and utility easement located parallel
to the north lot line.
Councilman Billings asked what hardship in Minnesota State Statutes
is applicable to this piece of property that gives Council the
authority to grant the variance.
Councilman Schneider stated that the hardship is stated in staff's
report on agenda page 6.4: "While the subject lot is shorter than
adjacent properties due to its location on a cul-de-sac, the design
of the home is such that the living area is set back farther than
the garage area." He stated that the lot is unique also in that
it abuts Harris Pond.
Councilman Billings stated that as he understands Minnesota State
Statutes, the hardship has to be something that is a unique quality
of the lot, not something that the property owner has willfully
done in order to create a situation that is different from others.
He stated that he would request an opinion from the City Attorney
as to whether or not granting this variance would meet the intent
of Minnesota State Statues.
Mr. Herrick stated that Councilman Billings correctly paraphrased
the statute. He stated that there has to be something unique about
the property and that the property owner did not create the
problem. He stated that that is the law. He stated that Council
are the judges as to whether this situation meets that requirement
of the law. He questioned if the situation as described in the
agenda and illustrated on the map is a situation where there is a
hardship created by the nature of the property and not by the
property owner. --
Seconded by Councilman Fitzpatrick. Upon a voice vote, Mayor Nee,
Councilman Schneider, Councilwoman Jorgenson, and Councilman
Fitzpatrick voting aye, Chairman Billings voting nay, Mayor Nee
declared the motion carried on a vote of 4 to 1.
B. VARIANCE REOUEST, VAR #91-23 BY WARREN AND GERRY STOCK TO
INCREASE THE MAXIMUM ALLOWABLE LOT COVERAGE FROM 25 PERCENT
TO 26 PERCENT TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LO S
3 AND 4. BLOCK 11, SPRING BROOK PARK, THE SAME BEING 289
LIBERTY STREET N.E.
Ms. Dacy stated that the original variance request was to increase
the maximum allowable lot coverage from 25 percent to 28.3 percent.
She stated that at the Appeals Commission meeting the petitioner
presented a plan to construct a 12 feet by 20 feet addition to the
existing house. She stated that the Appeals Commission recommended
denial of that request on a 2 to 1 vote, and the petitioner then
reduced his request to a 10 feet by 20 feet addition, reducing the
lot coverage from 28.3 percent to 26 percent.
FRIDLEY CITY COiJNCIL ME�TING OF SEPTEMBBR 9, 1991 PAGE 11
Ms. Dacy stated that the dimensions of the lot are 60 feet by 144
feet. She stated that there is a 12 foot unimproved alley behind
the property. She stated that the petitioner wanted staff to point
out that if the alley was vacated, it would add 6 feet of depth to
his property for a 150 foot deep lot, which would bring the lot
area to 9,000 square feet and would equal the 25 percent lot
coverage.
Councilman Fitzpatrick stated that it seemed to him that if it is
an unimproved alley it remains only an easement, and an easement
on a property doesn't subtract from the area.
Mr. Herrick stated that in looking at the Springbrook plat, he
believed this is an alley that was created as part of the plat.
He stated it is correct that if the alley was vacated there would
not be any requirement for a variance; however, until the alley is
vacated there is a requirement for a variance.
Councilman Fitzpatrick stated that the application is for a
variance. He stated that he visited the site and, with the alley
there, it gives the appearance of more space, but he did not get
the feeling that the lot was overcrowded. He stated that this
variance is for lot coverage and there are no setback problems.
MOTION by Councilman Fitzpatrick to grant variance request,
VAR #91-23. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
C. VARIANCE RE4UEST. VAR #91-24, BY PATRICK IiAYES OF HARDEE'S
RESTAURANT, TO REDUCE THE HEIGHT OF THE REOUIRED SCREENING
ADJACENT TO A RESIDENTIAL DISTRICT FROM 6 FEET TO 3 FEET, ON
THE EAST 20 FEET OF IAT 7 LOTS 8 THROUGH 12 AND THE WEST 25
FEET OF LOT 13, BLOCK 7, CITY VIEW ADDITION, THE SAME BEING
289 - 57TH AVENUE N.E.:
Ms. Dacy stated that this property is located in the northwest
corner of 57th Avenue and University Avenue. She stated that the
property is literally surrounded by four streets. She stated that
to the east is University Avenue, to the south is 57th Avenue, to
the west is 3rd Street, and to north is 57th Place. She stated
that to the north of the property are two single family homes. She
stated that the Hardee's Restaurant property is zoned C-2, General
Business, with R-1, Single Family DweZling, to the north.
Ms. Dacy stated that when the building was originally constructed
and occupied as Country Kitchen in 1969 the screening fence along
the north lot line was a point of controversy. She stated that in
1970 there was a request from the neighborhood that a 6 foot
screening fence be constructed along the north property line. She
stated that at the time of Council action, a 3 foot fence was
constructed along the north property line. She stated that
FRIDLEY CITY COIINCIL MEETING OF BEPTEMBER 9, 1991 PAGL 12
apparently it was the policy of the Council at that time not to
require a fence in excess of 3 feet high on the street side of a
commercial property.
Ms. Dacy stated that in 1989 the wooden fence that was constructed
and maintained through the years was removed by Hardee's. She
stated that apparently, on several occasions the Community
Development Department staff received telephone calls from Hardee's
management requesting information as to whether or not a
landscaping screen could be installed in place of the fence. She
stated that it is her understanding that staff advised Hardee's to
submit a landscaping plan, because there was a screening
requirement between commercial property and single family property;
however, a landscaping plan has never been submitted or approved
prior to removal of the fence or the installation of the
landscaping that is there now.
Ms. Dacy stated that Hardee's management installed 25 two-and-a-
half foot high arborvitae shrubs spaced approximately 4 feet on
center just south of the existing 10, 20, and 30 foot tall elms
along the north property line. 5he stated that the City's
interpretation is that since the fence was removed the current
ordinance stipulates a 6 foot planting screen or 6 foot fence
between commercially zoned property and residentially zoned
property.
Ms. Dacy stated that staff recommended denial of the variance to
the 6 foot screening requirement with one stipulation: (1.)
Installation of a 6 foot high screening fence or vegetation of 4
feet in height and planted 2 feet on center shall be completed by
November 1, 1991. -- �
Ms. Dacy stated that the Appeals Commission concurred with stafF's
recommendation but deleted the recommended stipulation.
Ms. Dacy stated that Steven Barg, Code Enforcement Officer, has
been closely involved with this variance request since the
beginning of June, 1991. She stated that she would like him to
briefly review the steps that led up to the variance application.
Mr. Barg stated that he was contacted by a complainant on
June 3, 1991, regarding the Hardee's site. He stated that the
complainant indicated that the fence that had acted as a screening
had been taken down, and the caller was requesting information as
to what screening Hardee's is required to provide. Mr. Barg stated
that he then inspected the site and found that all that remained
were a few shrubs. He stated that he then sent a letter of
noncompliance to Hardee's which received no response. He stated
that after sending the second letter later in June requesting that
Hardee's either construct a 6 foot fence or submit a landscaping
plan to the City to meet the landscaping requirement, he was
contacted by Patrick Hayes of Hardee's. He stated that he reviewed
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 13
with Mr. Hayes the landscaping requirements, and sent him a copy.
He stated that he met with Mr. Hayes to discuss the requirements
and after that time Hardee's installed the two-and-a-half feet high
arborvitae plants. He stated that it is Mr. Hayes' and Hardee's
contention that the requirement they need to meet is the 3 foot
requirement which was acceptable to Council in 1970.
Mr. Barg stated that according to Hardee's, the fence was removed
because of a maintenance problem. He stated that it is staff's
opinion that since there was no provision made, the fence was
removed, and after a period of time, has gone by that Aardee's
should be required to meet the current code. He stated that he
did cite Hardee's, and they subsequently filed a variance
application.
Mr. David Harvet stated that his mother lives just to the north of
Hardee's Restaurant and is most directly affected by this
screening. He stated that the ongoing problem is traffic going
through the yards. He stated that by ongoing, he means people
coming from the Hardee's Restaurant and people coming from the bus
line. He stated that since the screening fence was removed there
have been things stolen and broken from the residential homes. He
stated that there are problems with the clientele from the Cattle
Company on Friday and Saturday nights.
Mr. Harvet stated that regarding the fact that Hardee's wants to
meet the same ordinance as required in 1969, at that time Country
Kitchen never had a drive-through and Hardee's does. He stated
that the drive-through draws people to the residential side of the
property. He stated that with the planting of trees or shrubs for
landscaping, the ordinance talks about planting 6 foot trees or 80
percent of the full growth. He stated that by planting trees that
close together and that tall, he believed the roots might
eventually obstruct the street and the sewer system.
Mr. Bert Waller, District Manager for Hardee's Restaurant, stated
that Patrick Hayes could not be at the meeting. He stated he can
understand that the neighbors want some kind of screening between
the restaurant and the single family homes. He stated that it is
also desired by Hardee's. He questioned whether it is a problem
with Hardee's or with the Cattle Company as iar as people going
through the yards. He stated that Hardee's cannot be responsible
for the actions of customers from other businesses.
Mr. Waller stated that they have planted 25 shrubs 2 feet high.
He asked what the measurement is for screening--at street grade or
at Hardee's grade? He stated that the old fence was built on
street grade and the shrubs do provide 4 foot screening from that
level.
MOTION by Councilman Fitzpatrick to concur with the action taken
by the Appeals Commission and deny variance request VAR #91-24.
FRIDLEY CITY COIINCIL MEETING OF_88PTEMBER 9. 1991 PAGE 14
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
D. VARIANCE REOUEST, VAR #91-25. BY THEODORE WILLIAM INVESTMENTS
TO REDUCE THE RE4UIRED FRONT YARD SETBACK FROM 35 FEET TO 20
FEET: TO ALIAW A LOADING DOCK IN THE FRONT YARD: TO ALLOW THE
CONSTRUCTION OF A LOADING DOCK PLATFORM ON LOTS 16 17 18
AND 19. BLOCK 2. ONAWAY ADDITION THE SA1� BEING 7879 BEECH
STREET N.E.•
Ms. Dacy stated that the property is located in the southeast
corner of Beech Street and 79th Avenue. The property is zoned M-2,
Heavy Industrial, as are all the surrounding properties. She
stated that the building is the former site of Pappy's Foods. She
stated that the building was permitted in the 1970's with overhead
doors along the western side of the building. She stated that the
parking 1ot is located to the north of the building, and there is
an alley between the rear of the building and the lot to the east.
Ms. Dacy stated that the proposal is to construct a loading dock
area for the southernmost door of the building. She stated that
essentially, the loading dock area will slope down into the ground
to be approximately 18 inches below street grade. She stated that
dock height will be 4 feet high from the bottom to the top.
Ms. Dacy stated that at this time when trucks back into the
building using the existing driveways, the cab of a semi-truck will
block the northbound lane of Beech 5treet. She stated that the
advantage to this dock design is that the trucks have to back up
at an angle and, therefore, a majority of the truck is on the
property, rather than blocking the northbound lane. �
Ms. Dacy stated that in this case, staff believes the ordinance is
imposing the hardship. She stated that in evaluating the variance
request staff likened it to an unenclosed deck of�a single family
home which is permitted into the front yard by a specified number
of feet. She stated that there is really no structure per se that
will be in the front yard.
Ms. Dacy stated that the redesign of the loading area will enable
reasonable use of the building and take advantage of an existing
condition which was permitted by the City in 1972. She stated that
for these reasons, staff recommended approval of the two variances:
(1) to allow the loading dock in the front yard; and (2) to reduce
the front yard setback from 35 feet to 20 feet, subj ect to the
following stipulation: (1.) The proposed earth berm shall be a
minimum of 2 feet high, and the petitioner shall plant Black Hills
Spruce in place of the proposed Mint Julep Junipers in the south
planting bed.
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 15
Ms. Dacy stated that the Appeals Commission concurred with staff's
recommendation that the intent of the screening area is to maintain
the 6 feet screening requirement.
Mayor Nee asked if the surface elevation of the lot was the same
as the elevation of the floor of the building.
Mr. Robert Lunde, one of the partners with Theodore William
Investments, stated that the loading dock platform is the same
level as the floor of the interior of the building.
MOTION by Councilman Billings to concur with the recommendation of
the Appeals Commission and grant Variance Request, VAR #91-25, by
Theodore William Investments with the following stipulation: (i)
The proposed earth berm shall be a minimum of 2 feet high, and the
petitioner shall plant Black Hills Spruce in place of the proposed
Mint Julep Junipers in the south planting bed.
Councilman Billings stated that staff has adequately addressed the
fact that they believe the ordinance is what is creating the
hardship. He stated that the property owner did not create the
hardship.
Mayor Nee stated that the building is designed for trucks to back
in. He stated that he is not opposed to the variance, but there
are quite a few businesses that have dug out an area and backed the
trucks up to the building.
Councilman Billings stated that if an area was merely dug out and
the trucks have to back in at a right angle, the trucks would be
blocking quite a bit of Beech Street. He stated that this is a
responsible property owner who is trying not to violate the laws
of the City of Fridley.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
7. NUISANCE ABATEMENT AT 64TH AND ASHTON AVENUE:
Mr. Barg stated this item is on the agenda for Council to consider
a nuisance abatement at the northeast corner of 64th Avenue and
Ashton Avenue, Lots 13-16, Block 13, Fridley Park.
Mr. Barg stated that these four vacant lots have been owned by Anna
Marie Huston for a long period of time. He stated that according
to information he has gathered the lots were being mowed by the
City on a yearly basis. He stated that it is unclear whether or
not the ongoing maintenance at this site was the result of
complaints. He stated that apparently, as time went on, and for
whatever reason, these lots were not mowed for a period of years.
He stated that as a result, a very large number of small trees have
grown on the site. He stated that concerns have been expressed by
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAG$ 16
neighbors that they feel this site has become a nuisance for a
variety of reasons. He stated that the neighbors believe the
property is being used as a"hangout" for parties. He stated that
the railroad is right there, and there is the concern of people
getting off the railroad cars and partying and living on the site.
He stated that they feel the trees have shielded activity that has
created illegal dumping, noise, and a general hazard to the
neighborhood.
Mr. Barg stated that there are four basic points in considering
this property for a public nuisance abatement: (1.) Removal of
debris/brush on the site. There are areas of materials, papers,
old chairs, an area that appears to be used for sleeping quarters,
and piles of brush; (2.) A treehouse that was apparently
constructed by some area children. The treehouse appears to be in
a fairly substantial state of disrepair; (3.) Removal of trees and
grass on the site. In July, he sent the property owner a weed
notice. Upon failure to respond, the City did cut the boulevard.
It is one of the contentions of the area residents that by just
cutting the boulevard, they are not taking care of the site.
Public Works Department has informed him that to do any more on the
site would be extremely difficult because of the amount of trees
on the site; (4.) Removal of small trees on the site. It is a
heavily forested site. There are some large trees; however, there
are also a large number of trees two inches or less in diameter
covering this property.
Mr. Barg stated that a number of neighbors contend that even if
the City removed all the debris, cut the grass/weeds, and removed
the treehouse, but left the small trees, the City would not have
really addressed the problem or the public nuisance, be�ause the
people who use these lots as a hangout, home, and dumping ground
would continue to have screening from the right-of-way.
Mr. Barg stated that some residents who a�
abatement that includes removal of the small
him. He stated that he received a letter frc
Way that day who "did not believe that nature
by cutting trees and clearing this corner."
letter-writer stated that this was a nice nat
harming anyone, and the small trees are not th
that he received another telephone call from
expressed opposition to total abatement.
e in favor of full
trees have contacted
m a resident on 64th
should be taken away
He stated that the
ure area, not really
: problem. He stated
a neighbor who also
Mr. Barg stated that the question before Council is whether or not
to declare this a public nuisance. He stated that in City Code 110
which defines a public nuisance, the only two conditions which
could apply are: (1) Maintaining or permitting a condition which
unreasonably annoys, injures, or endangers safety, health, and
comfort of inembers of the public, and (2) Accumulating in the open
a variety of materials...
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9, 1991 PAGE 17
Mr. Barg stated that he has been in contact with the property
owner, Anna Marie Huston, who lives in Minneapolis. He stated that
she is aware the property is causing the neighborhood some
problems. He stated that she would like to correct the problem
but does not know how to go about it. He stated that he had
informed Ms. Huston that if she had not contacted him prior to the
Council meeting with a timetable for completion of the work by her,
he would recommend the Council authorize abatement. He stated that
Ms. Huston told him that she would be unable to attend the Council
meeting and that she would contact him before the meeting if she
wanted to proceed on her own. He stated that he has not heard from
Ms. Huston since that conversation.
Mr. Barg stated that staff is recommending that Council authorize
abatement of this public nuisance in accordance with City Code 110.
He stated that it is up to Council to determine the extent of what
is to be considered the nuisance at this time.
MOTION by Councilwoman Jorgenson to receive a letter from a
resident on 64th Way dated September 9, 1991. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
Mr. Arnie Lundgren stated that he lives right across the street
from the property and has lived there for forty years. He stated
that he has watched the trees grow, listened to the pheasants and
watched the deer. He stated that a couple of years ago there was
a problem with youth on the property and that they built the
treehouse. He stated that he is home 24 hours a day, and he
watches the property. He stated that this year there has_not been
a thing going on over there. He stated that he agreed the property
needs some cleaning up to make it look good. He stated that he
likes to look across the street at this property and feels like he
is not in the City, but that he is out in the country up north.
He stated that he is in favor of leaving the property as it is.
Ms. Kara Nevin, 40 - 63 1/2 Way, stated that she is speaking on
behalf of quite a few of the residents that are complaining about
this property. She stated that for this entire summer they have
been plagued by prowling, by a lot of vagrancy type issues, both
because of the railroad and the fact that people can disappear into
this overcrowded wooded property. She stated that she realizes the
property is nice for animals, but it is also a nice area for
vagrancy and crime. She stated that on numerous occasions, both
during the day and the evening, she has seen cars coming out of the
alley. She stated that the neighbors have even expressed a
willingness to try go get something done on their own. She stated
that in the last six weeks the police have been called to the area
more than twenty different times due to prowling and other
incidences. She stated that the neighbors are really requesting
that the City try to alleviate some of the prowling and some of the
criminal activity that is happening in this neighborhood. She
FRIDLEY CITY COIINCIL MEETING OF 8EPTEMBER 9, 1991 PAGE 18
stated that the problem has greatly increased from last summer to
this summer. She stated that elderly people in the neighborhood
are very scared.
Councilman Fitzpatrick stated that as a matter of usual practice,
these kinds of problems usually begin with a petition, which gives
the Council an idea of the support or lack of support from the
neighborhood.
Mayor Nee stated he agreed, but he has walked through the property,
and he knows what Ms. Nevin is talking about. He stated that he
received a number of phone calls about the property this summer.
He asked Mr. Barg if there are any police reports on calls to this
property.
Mr. Barg stated that he is not aware of any police reports.
Mayor Nee stated that there are some very fine trees on the
property, but there are also a lot of weed trees that obscure the
vision and air through the property. He stated that he would not
want to completely clean out the trees.
Councilwoman Jorgenson stated that she would like to know what the
cost would be to the property owner for abatement of the property
and what steps are going to be taken to assure them that the same
thing will not have to be done again on this property. She stated
that there are also a number of other properties in the City that
are in the same condition. She stated that if a property is not
mowed or maintained, nature claims its own. She stated that she
did not necessarily think that removing all the small trees wold
take care of the problem. She stated that granted, they do not
want people dumping garbage and building unsafe treehouses, but
there is a place for nature within the community as well.
Mr. Jerry Unglaub, 6425 Ashton Avenue, stated that he lives right
next door to the property. He stated that he has lived there for
nine years, and during that time, he has seen only two vagrants.
He stated that a couple of years ago some kids built the treehouse
and were using it for runways but that is not happening anymore.
He stated that as far as the trees, it is nice having trees next
door. He stated that this year he had two deer feeding in his back
yard, and there are pheasants. He stated that if the City wanted
to clean about 50 feet back from the street, that would be alright.
He stated that as Mr. Barg stated, there is a lot of junk and
debris on the property. He stated that he has been trimming along
the alley, that periodically he cleans and picks up debris and
cans, and the partying is not as bad as it used to be. He stated
that he likes the trees because they provide a nice buffer between
him and the railroad property, and they help keep the noise 1eve1
down.
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9. 1991 PAGE 19
Councilman Fitzpatrick stated that since he became aware of this
area, which has not been long, he has heard statements almost
exclusively to leave the property alone. He stated that this
property is within his ward, and he was not in favor of making any
motion without a greater demonstration of the neighborhood's wish
for it. He state that it usually comes in the form of a petition.
Councilwoman Jorgenson asked if they can table this item until the
next meeting and ask for a police report.
MOTION by Councilman Fitzpatrick to table further discussion on
the nuisance abatement at 64th and Ashton Avenue in order to obtain
a copy of any police reports for this area.
Councilman Billings stated that if Council authorizes a nuisance
abatement to just pick up the debris and take down the treehouse
but not cut down any trees, would this work be done by the Public
Works Department, or would the work be contracted out?
Mr. Flora stated that work would probably be done by the Public
Works Department. He stated that if the nuisance abatement
involves a more major effort, he would suggest they contract
the work so the Public Works Department can continue its regular
activities.
Councilman Billings stated he would like to request that in
addition to the police report, the Public Works Department submit
a report on what work they would be willing to do and the
approximate cost and, if not, to secure an estimate for contracting
the work out. He stated that he would just like a more experienced
opinion so that Council has a better idea of what work and costs
they are dealing with.
Mayor Nee agreed. He stated that no further motion is necessary.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
8. REQUEST FOR WAIVER OF TEMPORARY SIGN PERMIT FEE AND DEPOSIT
FOR THE KNIGHTS OF COLUMBUS HALL:
MOTION by Councilwoman Jorgenson to waive the temporary sign permit
fee and deposit for the Knights of Columbus Hall. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
9. RECEIVE BIDS AND AWARD CONTRACT FOR SPRINGBROOK NATURE CENTER
LANDSCAPING PROJECT:
MOTION by Councilwoman Jorgenson to receive the bids for the
Springbrook Nature Center landscaping project. Seconded by
FRIDLEY CITY COONCIL MEETING OF SEPTEMBER 9, 1991 PAG� 20
Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
Mr. Kirk stated that the bids were opened on August 29, 1991 for
the landscaping and entrance area project. He stated that they
received two bids. He stated that the low bidder for the project
was Dundee Nursery with a base bid of $21,549.32. He stated that
this project includes completion of the previously scheduled
irrigation system, landscaping around the new parking lot and
entrance area, and new trees as the final part of the tornado
restoration. He stated staff recommends that Council accept all
bids on the project and award the bid to Dundee Nursery.
MOTION by Councilman Fitzpatrick to accept the bid and award the
bid to Dundee Nursery for $21,549.32 for the Springbrook Nature
Center landscaping project. Seconded by Councilman Schneider.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
10. MOTION TO APPOINT GORDON SANGSTER TO THE FRIDLEY SENIOR
CITIZENS' CENTER TASK FORCE:
MOTION by Councilman Fitzpatrick to appoint Gordon Sangster to the
Fridley Senior Citizens' Center Task Force. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
11. RESOLUTION NO. 70-1991 AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE GENERAL FUND GRANT MANAGEMENT FUND HRA REIMBURSEMENT
FUND, CAPITAL IMPROVEMENT FUND AND THE MUNICIPAL CENTER
REMODELING FUND FOR THE YEAR 1990: - -
MOTION by Councilman Schneider to adopt Resolution No. 70-1991.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
12. RESOLUTION NO. 71-1991 AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE GENERAL FUND AND THE CAPITAL IMPROVEMENT FUND FOR THE
YEAR 1991•
MOTION by Councilman Schneider to adopt Resolution No. 71-1991.
Seconded by Councilman Billings. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
13. RESOLUTION NO. 72-1991 DIRECTING PREPARATION OF ASSESSMENT
ROLL FOR STREET IMPROVEMENT PROJECT NO. STREET 1990-3:
MOTION by Councilman Billings to adopt Resolution No. 72-1991.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9. 1991 PAG$_21
14. RESOLUTION NO. 73-1991 DIRECTING PUBLICATION OF HEARING ON
PROPOSED ASSESSMENT ROLL FOR THE STREET IMPROVEMENT PROJECT
NO. STREET 1990-3:
MOTION by Councilwoman Jorgenson to adopt Resolution No. 73-1991.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
15. RESnT�TTTnN N� 74-1991 DIRECTING PREPARATION OF ASSESSMENT
ROLL FOR WATER, SANITARY SEWER & STORM SEWER PROJECT NO. 210:
MOTION by Councilman Fitzpatrick to adopt Resolution No. 74-1991.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
16. RESOLUTION NO 75-1991 DIRECTING PUBLICATION OF HEARING ON
PROPOSED ASSESSMENT ROLL FOR WATER. SANITARY SEWER. AND STORM
WATER PROJECT NO. 210:
MOTION by Councilman Schneider to adopt Resolution No. 75-1991.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
17. RESOLUTION NO. 76-1991 DIRECTING PREPARATION OF THE ASSESSMENT
ROLL FOR TREATMENT AND REMOVAL OF TREES 1991:
MOTION by Councilwoman Jorgenson to adopt Resolution No. 76-1991.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
18. RESOLUTION NO. 77-1991 DIRECTING PUBLICATION OF HEARING ON
THE PROPOSED ASSESSMENT ROLL FOR THE TREATMENT AND REMOVAL OF
TREES 1991•
MOTION by Councilman Schneider to adopt Resolution No. 76-1991.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
19. MOTION TO APPROVE LETTER TO RICE CREEK WATERSHED DISTRICT
MANAGERS•
Mr. Flora stated that the City received a preliminary plan from
the Rice Creek Watershed District regarding the concept of
"dredging the dam" and removing the sedimentation from Locke Lake
and also constructing a sedimentation basin upstream of Locke Lake.
He stated that the Locke Lake Advisory Committee also held a
meeting with the respective parties on September 4, 1991, regarding
the report. He state that as a result of the comments and meeting
notes, there were three major items to be dealt with which were
presented to the Rice Creek Watershed District Managers on
Wednesday, September 11, 1991.
FRIDLEY CITY COIINCIL MEETING OF SEPTEMBER 9. 1991 PAGE 22
Mr. Flora stated that the first was the question about the quality
of the sedimentation in the Locke Lake basin. He stated that in
the study it was determined that there could be some heavy metals
and contamination in the sedimentation; and, therefore, they could -
be experiencing some exceptional costs in the dredging operation
of the lake. He stated he would propose that in order to lay that
issue to rest the City will take some soil borings of the
sedimentation to determine the quality of the sedimentation. He
stated that there is money available in the Storm Water
Contingency, and he believed $5,000 would satisfy that issue.
Mr. Flora stated that the study only gave the City one option for
the dam, a concrete "U" type dam structure. He stated that the
question was asked, is there another dam that could be constructed
at lesser a cost. He stated that he would ask the RCWD Managers
to ask their consultant for another alternative.
Mr. Flora stated that the study focuses on the Chapter 112 concept
of funding the project. He stated staff felt that the new
legislation allows them establishment of special districts, allows
Ad Valorem taxes, and aiso allows the ability to collect money over
a period of years to pay for a project. He stated that we urge the
Managers to incorporate that concept into the total project
development.
Mr. Flora stated that he has prepared a letter to the RCWD
Managers; and, with Council approval, he will present it to the
Managers at their September il meeting.
Mr. Flora stated that the whole project will cost approximately $3
million--approximately $800,D00 for the dam, approximataly $1.7
million for the sedimentation removal, and approximately $500,000
for the detention basin.
Councilwoman Jorgenson stated that the dam is becoming more and
more of a hazard. She stated that the recent heavy rains
compounded the problem more. She asked if the City had any plans
at this time to remove any of the concrete or to try to stabilize
the shoreline.
Mr. Flora stated that they are attempting to keep the main channel
open. He stated that when the dam was constructed, essentially
there were two concrete tubes. They have been attempting to keep
those tubes open so the water can continue to flow through them and
not undermine and destroy the adjoining properties. He stated that
a tree fell down and blocked some of the flow, but they have
removed that.
Mr. Flora stated that as far as the properties in and around the
lake, some of them are experiencing additional erosion because of
the wet summer. He stated that the City has not done anything
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9, 1991 PAGE 23
about that, because a lot of that will be predicated upon the final
design of the lake.
Ms. Mary Vasecka, 6909 Hickory Drive, stated that the Homeowners'
Association strongly supports the action that John Flora, Public
Works Director; William Burns, City Manager; the City Council; and
City staff ineaibers have taken; and they hope the City will continue
to do so on behalf of the Locke Lake homeowners and City of Fridley
residents. She stated that they also suggest from experience in
the past that legal counsel also attend the Rice Creek Watershed
District Managers' meeting with John Flora.
Ms. Vasecka stated that as far as the present condition of the
lake, about a month ago she had asked the question about weed
control, especially Purple Loose Strife. She asked if the Public
Works Department decided what they will do with that.
Mr. Flora stated that they dealt with Purple Loose Strife on the
southeast portion of the lake. He stated that they do not have
the capability to deal with the material growing in the basin. He
stated that, hopefully, during the dredging process the weeds can
be taken care of.
Ms. Vasecka stated that because the City owns a majority of that
basin property, aren't there some requirements that need to be
addressed because this is a contaminant weed? She stated that
they cannot wait another two years to take care of the problem.
Ms. Vasecka stated that because they really do not know how long
this project is going to take, she would hate to see the overgrowth
become a real problem. She asked if they do not keep the weeds and
undergrowth under control now, will that add to the cost of the
dredging in two years?
Ms. Vasecka stated that the homeowners are more than willing to do
whatever they can, with equipment and guidance provided, to help
the City maintain that as a clean area for the City.
Mr. Flora stated that he believed they could handle the growth
during the project. He stated that they will probably go in with
some bulldozers and scrapers to pick up a large amount of dirt at
one time, and they are looking at a winter operation when the
ground is frozen.
Ms. Vasecka stated that the homeowners are very concerned about
the timeliness of the project and equally concerned about the
property damage that is presently occurring. She stated that
almost all the new embankment that Mr. Silverstein installed is
already gone. She stated that she envisioned soon that some of the
park might be affected. She asked if the Parks Department looked
into this. She stated that everyone is anticipating that this will
be a two-year project, but because of the erosion and the
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 9. 1991 PAGE 24
channeling there is already some significant damage after only one
year. She also stated what the health threats are from the storm
drains where the stagnant water sits. She stated that she did not
know if the City has looked into any interim-type solution to what ::-
is occurring. She stated that she did not know from a legal aspect
who is responsible for the damage that is occurring.
Ms. Vasecka stated that she had submitted a letter to Council.
She stated that Council may want to wait and address the questions
in that letter at the September 30 meeting.
Ms. Vasecka asked if the City has considered bringing in the Army
Corps of Engineers as a consultant on the project.
Mr. Flora stated that, yes, JNIlK has been working directly with the
Corps of Engineers, they have been involved in the last two
meetings, and they have reviewed the preliminary design. He stated
that the DNR dam inspector has also been involved in reviewing the
plans.
MOTION by Councilman Fitzpatrick to receive the letter from the
Homeowners' Association and that the questions in the letter be
addressed at the September 30, 1991, City Council meeting.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
Mr. Jim Antell, 6501 Hickory Drive, stated that he wanted to
reiterate what Ms. Vasecka said, and that is that the homeowners
thank Council for all the help they have given them to get the dam
back.
MOTION by Councilwoman Jorgenson to approve the appropriation of
$5, 000 from the Storm Water Contingency to hire a consultant to
conduct soil borings at Locke Lake. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
MOTION by Councilwoman Jorgenson to concur with the letter proposed
by John Flora to be submitted to the Rice Creek Watershed District
Managers on September il, 1991. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
Councilwoman Jorgenson asked when they can expect to see the
results of the soil investigation.
Mr. Flora stated that he hoped to have that information in three
to four weeks.
Councilman Billings asked that other than natural growth, is there
other debris in the middle of the lake? If so, is the City going
to clean that up?
FRIDL$Y CITY COIINCIL MEETING OF SEPTEMBER 9 1991 PAGE 25
Mr. Flora stated that there is some debris being exposed as the
water erodes the sediment, and some debris is being washed in as
high waters continue. He stated that the City has not taken any __
action as far as going out into the lake delta to pick anything
up. He stated that the debris includes tires, metal, frames, etc.
Mayor Nee stated that he believed Ms. Vasecka had asked if the City
would sponsor a pickup day if the homeowners cleaned up the debris.
Mr. Flora stated that was discussed several months ago, and if the
debris was brought to the park area, the City would pick it up.
Ms. Vasecka suggested that the homeowners could give the City
access next to them for a dumpster for the debris.
Mayor Nee asked Ms. Vasecka to put together a plan, and they can
discuss it at the next meeting.
20. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that there were no informal status
reports.
21. CLAIMS•
MOTION by Councilman Schneider to authorize payment of Claim Nos.
39226 through 39441. Seconded by Councilwoman Jorgenson. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
22. 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.
23. ESTIMATES•
MOTION by Councilman Schneider to approve the estimates as
submitted:
Allied Blacktop
10503 - 89th Avenue North
Maple Grove, MN 55369
Street Improvement Project
No. ST. 1991-10 (Sealcoat)
FINAL ESTIMATE . . . . . . . . . . . . . . . . . $10, 691. 63
FRIDLEY CITY COIINCIL MEETING OF BEPTEMBER 9. 1991 PAGE 26
W. B. Miller, Inc.
16765 Nutria Street
Ramsey, MN 55303
Street Improvement Project
No. ST. 1991 - 1& 2
Estimate No. 6 . . . . . . . . . . . . . . . . . $24, 847. 72
Pitt-Des Moines, Inc.
1015 Tuttle Street
Des Moines, IA 50309
Construction of the 1.5 MG
Elevated Water Reservoir
Project No. 201
Partial Estimate . . . . . . . . . . . . . . . $85,226.64
Rainbow,Inc.
7324 - 36th Avenue North
Minneapolis, MN 55426
.5 MG Water Tank Painting/Altitude
Valve and Vault Installation
Project No. 212
Partial Estimate . . . . . . . . . . . . . . . . $35,387.50
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
ADJOURNMENT•
MOTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council of September 9, 1991, adjourned
at 9:50 p.m.
Respectfully submitted,
Lynne Saba William J. Nee
Acting Secretary to the Council Mayor
r �
�
�
DATE:
TO:
FROM:
Community Development Department
P G DIVISION
City of Fri.dley
September 26, 1991
William Burns, City Manager O:__
Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
SUBJECT: Second Reading of
Rezoning Request,
Company, Generally
Road N.E.
an Ordinance Approving a
ZOA #90-01, by Murphy Oil
Located at 6443 East River
Attached please find an ordinance rezoning Lot 33, Revised
Auditor's Subdivision No. 23, from R-1, Single Family Dwelling to
C-1, Local Business, the same being 6443 East River Road N.E. The
City Council approved the first reading of the attached ordinance
at their ApriZ 23, 2990 meeting.
Staff delayed the second reading of the ordinance to ensure that
the project would be completed and that the petitioner would
petition for the improvements required to meet stipulations by
Anoka County. Construction has begun and the petitioner has met
all the stipulations placed on the special use permit and rezoning
requests.
Staff recommends that the City Council hold the second reading and
order publication of the ordinance.
MM/dn
M-91-599
ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY
OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN
ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1.
SECTION 2.
Appendix D of the City Code of Fridley is amended
as hereinafter indicated.
Be and is hereby rezoned subject to stipulations
adopted at the City Council meeting of
, 1991.
The tract or area within the County of Anoka and the
City of Fridley and described as:
Lot 33, Revised Auditor's Subdivision No. 23, Anoka
County, Minnesota, except that part described as
follows: Commencing at the Northeast corner of said
Lot 33; thence West along the North line of said Lot
33, 125.43 feet, more or less, to the East line of
the East River Road, as the same is now laid out and
constru�ted; thence Southeasterly along the
Northeasterly line of said East River Road 55 feet;
thence Northeasterly a distance of 114.4 feet, more
or less, to a point on the East line of said Lot 33,
said point being distant South 22.1 feet from the
Northeast corner thereof; thence Northwesterly along
the Northeasterly line of said Lot 33, 22.1 feet to
the point of beginning together with that portion
of the Northeasterly one-half of the East River Road
included within the extension of the Northerly and
Southerly lines of this description, according to
the recorded plat thereof and situated in Anoka
County, Minnesota, and subject to an easement for
road purposes as described in Document Number
332565, generally located at 6443 East River Road
N.E. (Spur Station).
Is hereby designated to be in the Zoned District C-
1 (Local Business).
SECTION 3. That the Zoning Administrator is directed to change
the official zoning map to show said tract or area
to be rezoned from Zoned District R-1 (Single Family
Dwelling) to C-1 (Local Business).
1A
�
Ordinance No.
Page 2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1991.
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
Public Hearing: April 9, 1990
First Reading: April 23, 1990
Second Reading:
Publication:
�-,
WILLIAM J. NEE - MAYOR
�
MURPHY
OIL USA, INC.
September 18, 1991
Mr. John G. Flora
Director of Public Works
City of Fridley
6431 University Ave., N.E.
Fridley, MN. 55432
Dear Mr. Flora:
SUITE 304
4800 W. 77TH STREET
MINNEAPOLIS. MINNESOTA 55435
�� f �' � �,
'� �' ;''�
Murphy Oil, being the owner of the property at 6485 East River Road,
Fridley, ( PIN's 15-30-24-42-0001, 15-30-24-42-0028 ), request that the City
of Fridley construct certain storm sewer improvements to extend the
existing storm sewer s,ystem in East River Road approximately 200, feet
north. Murphy Oil further agrees to waive their right to a public
hearing and agrees to pay the assessments for the projec�.
Sincerely,
MURPHY OILi tJSA, ,YNC.
Gary /�. Andelin
Construction Supervisor
GIiA/mts
LL�
r
FRIDL$Y CITY COIINCIL MEETING OF APRZL 23, 1990 PAGE il
stated he does not have a resume submitted, but wants to become
more involved in City activities. ��
�
MOTION by Councilman Fitzpatrick to nominate Clifford�.?ohnson, Jr. ,
5156 Hughes Avenue, for appointment to the Appea�s�Commission.
There being no further nominations, May ' Nee declared the
nominations closed. -�
MOTION by Councilman Schneider,��to cast a unanimous ballot for the
appointment of Clifford J ia�rfson, Jr. , 5156 Hughes Avenue, to the
Appeals Commission for e term expiring April 1, 1991. Seconded
by Councilwoman Jo nson. Upon a voice vote, all voting aye,
Mayor Nee decla the motion carried unanimously.
MOTION b Councilman Schneider to table the balance of the
appoin nts. Seconded by Councilwoman Jorgenson. Upon a voice
vota all voting aye, Mayor Nee declared the motion carried
-� NEW BUSINESS•
4. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE
CITY OF FRIDLEY MINNESOTA BY MAKING A�CHANGE IN ZONING
DISTRICTS•
Ms. Dacy, Planning Coordinator, stated this rezoning is for
property in the southeast corner of Mississippi Street and East
River Road. She stated the proposal is to rezone from R-1 to C-1
in order to remove the existing Spur Station and reconstruct a new
building. She stated the house and garage on the parcel would be
removed to allow the new construction.
Ms. Dacy stated the Planning Commission has recommended approval
of the rezoning subject to two stipulations: (1) approval of the
special use permit and variance requests; and (2) the parcels shall
be combined into one tax parcel.
MOTION by Councilman Fitzpatrick to waive the reading and approve
the ordinance upon first reading, with the following stipulations:
(1) subject to approval of the special use permit and variance
requests; and (2) the parcels shall be combined into one tax
parcel. Seconded by Councilwoman Jorgenson. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
1D
FRIDL$Y CITY COIINCIL KEETING OF �PRIL 23, 1990 PAGE 12
5.
Ms. Dacy, Planning Coo nator, stated the petitioner has met the
criteria for a ha ip and the Appeals Commission has recommended
approval of t e variance requests.
MOTION b uncilman Fitzpatrick to qrant the variances requested
under #90-02. Seconded by Councilman Schneider. Upon a voice
vo , all voting aye, Mayor Nee declared the motion carried
animously.
6. 6PECIAL USE PERMIT SP #90-01. TO ALLOW A MOTOR VEHICLE FUEL
AND OIL DISPENSING SERVICE AS AN ACCESSORY USE TO A
CONVENIENCE STORE. GENERALLY LOCATED_AT 6443 AND 6485 EAST
RIVER ROAD N E. (SPUR STATION), BY MURPHY OIL COMPANY:
MOTION by Councilman Fitzpatrick to grant Special Use Permit,
SP #90-01 with the following stipulations: (1) Reconstruct the
existing sidewalk to a minimum width of five feet from the south
property lines around the site to the northeast corner, (2)
Drainage calculations shall be submitted �o the Engineering
Department prior to issuance of a building permit, (3) The driveway
issue shal,l be resolved with Anoka County prior to issuance of a
building permit, and (4) Approval of the various request. Seconded
by Councilwoman Jorgenson. Upon a voice vote, al� voting aye,
Mayor Nee declared the motion carried unanimously.
7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION�MEETING OF
APRIL 11, 1990•_ /
A.
Ms. Dacy, Planning Coordinator, stated t�-Ys is a request by Holiday
Plus to relocate the garden storage axea from the northeast corner
to the southeast corner of their bu1'lding. She stated access would
only be from the inside of th�tore.
Ms. Dacy stated the Planz�-i�ig Commission recommended approval of the
request subject to seG�en stipulations. She stated in regard to
Stipulation No./4�for the development of a long-range site
improvement pl-am for the rear of the building, a letter was
received fr-o"m the petitioner objecting to this stipulation. She
stated/Mr Dave Hoeschen from Holiday Companies is here this
eveni�q to address this issue.
1E
Councilman Schneider sed Ms. Porter he would be interested in
hearing from he d gave her his calling card.
1. PUBLIC HEARING ON REZONING REUUEST, ZOA #90-01, TO REZONE FROM
R-1. SINGLE FAMILY DWELLING. TO C-1, LOCAL BUSINESS. GENERALLY
LOCATED AT 6443 EAST RIVER ROAD N.E., (SPUR STATION), BY
MURPHY OIL COMPANY•
MOTION by Councilman Fitzpatrick to waive- the reading of the public
hearing notice and open the public hearing. Seconded by Council-
woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing
opened at 7:54 p.m.
Ms. Dacy, Planning Coordinator, stated this parcel is located at
Mississippi Street and East River Road. She stated the site is
currently zoned R-1 and is adjacent to the south of the existing
Spur Station. She stated the proposal is to rezone this parcel to
C-1 and demolish the existing structures on the property and
construct a new convenience store/gas station. Ms. Dacy stated
the advantage of rezoning the existing single family lot is to
provide a greater area for adequate screening and a buffer from
neighboring residential uses.
Ms. Dacy stated the petitioner is also requesting a special use
permit and variance in conjunction with the rezoning of this
parcel. She stated the public hearing this evening only addresses
the rezoning issue.
Ms. Dacy stated a neighboring property owner voiced concern about
retaining the sidewalk along this intersection. She stated one of
the stipulations of the special use permit is that.a five foot
concrete sidewalk must be maintained. She stated the entrances
will also be moved to the south, as far as possible from the
intersection, and understands the County has approved tiiis plan.
Ms. Dacy stated there would be a six foot fence along the east and
south boundaries constructed on the inside of the existing
vegetation. She stated the petitioner is submitting a new
landscaping plan.
Ms. Dacy stated the Planning Commission has recommended approval
of the rezoning with the following two stipulations: (1) approval
of the special use permit and variance requests; and (2) the
parcels shall be combined into one tax parcel.
Ms. Dacy stated the ordinance for this rezoning, as well as the
special use permit and variance requests, will be presented to the
Council at the same meeting, April 23, 1990.
1F
FRIDLEY CITY COIINCIL M8$TING OF APRIL 9, 1990 PAGE 4
No persons in the audience spoke regarding this proposed rezoning.
MOTION by Councilman Fitzpatrick to close the public hearing.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 7r58 p.m.
OLD BUSINESS:
2.
OF THE FRIDLEY CITY CHARTER:
MoTION by Councilman Schneider to waive the read'ing and adopt
Ordinance No. 946 on the second reading and orfier publication.
Seconded by Councilman Fitzpatrick. Upon a voic vote, all voting
aye, Mayor Nee declared the motion carried una imously.
3. RECEIVE BIDS AND AW.ARD CONTRACT FOR P CHASE OF TWO 2 PARK
DIESEL TRACTORS AND BROOMS:
MoTION by Councilman Fitzpatrick to rec ve the following bids for
the two park diesel tractors and broo�s:
Isanti County
Equipment
Scharber & Sons,
Inc.
Seconded by
aye, Mayor
$39,863.50 (
Opti
Opti
e Bid)
I - $7,870.00
II - $1,892.00
III - $4,462.00
TOTAL �$ID - $45,163.50
$4�f, 700. 00 (Base Bid)
Option I - $10,824.00
Option II - $ 3,800.00
Option III - $ 9,400.00
TOTAL BID - $45,924.00
(Brooms & Hdw.)
(2 Wing Plows)
(Trade-in)
(Brooms & Hdw.)
(2 Wing Plows)
(Trade-in)
ncilwoman Jorgenson. Upon a voice vote, all voting
declared the motion carried unanimously.
Mr. Flora, Public Works Director, stated two bids were received for
the park diesel tractors and brooms. He stated Isanti Equipment
had the low base bid for the tractors, accessory equipment, and
trade-' totaling $45,163.50. He stated Scharber & Sons Inc.'s
bid i the tractors, optional accessory equipment, and trade-in
tota d $45,924.00.
Mr,� Flora stated $44,000 was budgeted for the two tractors,
therefor, both bids including all options are in excess of the
1G
' s
�
.
DATE:
TO:
FROM:
Community Development Department
P G D�SION
City of Fridley
September 25, 1991
William Burns, City Manager �'•�
Barbara Dacy, Community Development Director
SUBJECT: Second and Final Reading of an Interim
Ordinance Declaring a Moratorium on Issuance
of Special Use Permits for Rock Crushing
Activ.ities and Exterior Storage of Materials
and Equipment in the M-1, Light Industrial, and
M-2, Heavy Industrial, Districts
The attached ordinance is presented for second and final reading.
The City Council approved first reading of the ordinance on
September 13, 1991. The proposed ordinance establishes a
moratorium on issuance of special use permits for rock crushing
activities and exterior storage of materials and equipment, in
order for a zoning ordinance amendment to be prepared to create an
M-3 zoning district which would regulate such uses.
The Community Development Department has developed a process to
prepare the ordinance amendment. We will conduct an inventory of
existing uses, review other communities ordinances, and prepare a
draft of the ordinance in the next 30 days. We will attempt to
conduct a public hearing at the November 13, 1991 Planning
Commission meeting. The City Council would then conduct a public
hearing on this issue the first meeting in January, 1992. If there
are any changes to this proposed schedule, we will advise the City
Council.
The City Attorney has advised
required by a 4/5 vote, since
suspend the regulations of the
BD/dn
M-91-711
me that passage of the ordinance is
the intent of the ordinance is to
zoning ordinance.
ORDINANCE NO.
AN INTERIM ORDINANCE PLACING A MORATORIUM ON
THE ISSUANCE OF SPECIAL USE PERMITS FOR
EXTERIOR STORAGE OF MATERIALS AND EQUIPMENT AND
ROCK CRUSHING ACTIVITIES IN THE M-1, LIGHT
INDUSTRIAL AND M-2, HEAVY INDUSTRIAL ZONING
DISTRICTS, AND PROHIBITING THEIR LOCATION
WITHIN THE CITY WHILE THE MORATORIUM IS IN
EFFECT
The City Council of the City of Fridley does hereby ordain as
follows:
SECTION 1 PURPOSE AND INTENT
The City finds that an interim ordinance placing a moratorium on
the location and establishment of uses needing outdoor storage of
materials and equipment and/or rock crushing activities is
necessary to protect the health, safety, morals, and general
welfare of the citizens of the community; and
The City Council finds that an interim ordinance placinq a
moratorium on the location of uses needing outdoor storage of
materials and equipment and/or rack crushing activities is
necessary in order to permit the planning process to take place and
to allow the City staff, Planning Commission, and City Council to
proceed in an orderly fashion to adopt a permanent ordinance to
create a new zoning district for these uses.
SECTION 2 AUTHORITY
This ordinance is adopted pursuant to
City in Minnesota Statutes Annotate
"Interim Ordinance".
SECTION 3 DEFINITIONS
that authority granted to the
d 462.355, Subd. 4, entitled
The City Council hereby directs the City staff to study and prepare
an ordinance creating a new zoning district for these uses, and to
schedule a public hearing before the Planning Commission within
sixty (60) days of the effective date of this interim ordinance.
The City staff is further directed to report the results of their
studies and recommendations along with the recommendations of the
Planning Commission as soon as the Planning Commission has
completed their hearings and recommendations.
SECTION 4 VIOLATION
The City may enforce any provision of this ordinance by mandamus
injunction or other appropriate civil remedy in any court of
competent jurisdiction.
2A
Ordinance No.
Page 2
SECTION 5 SEVERABILITY
Every section, provision, or part of this ordinance is declared
severable from every other section, provision, or part thereof to
the extent that if any section, provision, or part of this
ordinance shall be held invalid by a court of competent
jurisdiction, it shall not invalidate any other section, provision,
or part thereof.
This ordinance shall become effective fifteen (15) days after
publication and shall be in effect for a period of one hundred and
eighty (180) days from the date hereof.
PASSED AND ADOPTED BY THE GITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1991.
ATTEST:
SHIRLEY A. HAAPALA - CITY CLERK
WILLIAM J. NEE - MAYOR
First Reading: September 13, 1991
Second Reading:
Publication:
:
�
� _
�
DATE:
TO:
FROM:
SUBJECT:
Community Development Department
P G DIVISION
City of Fridley
September 26, 1991
William Burns, City -Manager �' �
Barbara Dacy, Community Development Director
Steven Barg, Planning Assistant
Nuisance Abatement at 64th and Ashton Avenues
At its September 9, 1991 meeting, the City Council considered
possible abatement of a public nuisance at the above-referenced
location. The City Council tabled the item and instructed staff
to perform further. research concerning past police activity at this
site and cost estimates for the abatement under two different
scenarios. Staff has looked into these issues and provides the
following report:
l.
2.
Police Activitv
Attached to this memo is a print-out copy showing police calls
possibly associated with this property since January 1, 1990.
A close look at the entries reveals that not all of these may
relate directly to the vacant lot, although they were
"flagged" by the computer. It is somewhat difficult to
accurately trace the complaints which may be attributable to
vacant land.
Abatement Costs
During City Council consideration of this item, discussion
focused on two scenarios. One of these included complete
abatement (debris, tree house, small trees, i.e. underbrush,
and associated weeds), while the other alternative called for
partial abatement only (debris and tree house).
Attached is a memo from Ralph Volkman, Superintendent of
Public Works, regard�ng the City's cost in cleaning this
property under each of the two scenarios. At the end of his
memo, Mr. Volkman indicates that he has obtained a verbal
quote from a private contractor for fully cleaning the site.
In addition, I contacted two private contractors and they plan
to submit estimates prior to the September 30, 1991 meeting.
Given the amount of time and personnel involved with this
3
Nuisance Abatement; 64th and Ashton Avenues
September 26, 1991
Page 2
abatement, a private contractor should be hired to perform the
work and the City would add administration costs to the
assessment.
Since the September 9, 1991 meeting, I have written to the property
owner (copy attached) updating her on the status of this matter and
advising her to contact me if she wished to discuss it further.
I spoke with her on September 25, 1991, and she indicated that she
wanted to resolve the problem but had taken no further steps toward
that end.
On September 17, 1991, I sent letters to four area builders
regarding the market for construction on this site and the value
of homes which they believed it could support. Only one response
was received, and that individual stated that he would not be
interested in developing this property due in part to the market
value of homes that could be supported.
On September 18, 1991, I sent letters to residents living along
Ashton Avenue, 64th Way and 63 1/2 Way adjacent to this vacant
property, advising them of the September 30, 1991 meeting. Since
that time, I have received six phone calls expressing views on this
issue. Five of these callers indicated that the City should fully
clean the site (including removal of small trees) while the other
caller stated that only debris and the tree house should be
removed. I also received suggestions for improving the situation
in addition to or in lieu of abatement, which included extra street
lighting, additional police patrol activity, and eliminating the
access on the property's east side.
Recommendation
Staff recommends that the City authorize abatement of those
conditions deemed to constitute a public nuisance at its 5eptember
30, 1991 meeting. �n addition, staff recommends that the City hire
a private contractor to perform any required work.
SB/dn
M-91-714
3A
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DATE
FROM
SUBJECT
PUBLIC W OR�S
MAIl�ITENANCE
September 20, 1991
Ralph Volkman, Superintendent
Cleaning Lot on 64th
and Ashton
IOIiEMORAtVDi110A
TO
John Flora, Director
X
As per Steve Barg's mem4 regiest, following are estimates for cleaning the lot
on 64th and Ashton. �e oost is broken dvwn into the tw�o differnnt scenarios.
First, to remave the tree hause in a safe manner, an ar�a will have to be cleared
arxl leveled to allaw equipment to be n�oved in to protect p�xsonnel fran injury.
To a�q�lish this task, a 4 man street patrhing crew will be used, and it will
'take an estimated 1-1/2 days.
Iabor:
4 men - 12 hr5. @$19.11/hr.
Equiptnent Cost: �
1 loadex - 12 hrs. @$35/hr.
1 aerial truck - 4 hrs. @$35/hr.
1 tande�l truck - 8 hrs. @$30/hr.
2 tandem loads of n�bbish for disposal
@$60/load
'POTAL
$ 9I7.28
420.00
140.00
240.00
120.00
$1,837.28
Secondly, to remove small trees (2 inches ar�d�less) arxl cut the tall weed.s, it
will take 2 days. A 6-man Park Department crew will be used to ac�lish this
task. The follawirig is an estimated cost,
Labor:
6 men - 16 hrs. @$19.11/hr.
Equit�nent Oost:
1 bn]sh Chipper - 16 hrs. @$35/hr.
2 chain saws - 2 days @$40/day
2 brus�l cutters - 2 days @$20/d�ay
'I�OTAL •
Cei:i��l� lil-�%1���
$1,834.56
560.00
80.00
40.00
$2,514.56
. ;.
u
I have contacted W.B. Miller Iric. arid obtained a verb�al quote of $3,750.00 to
clean up this lot.
Please advise.
3H
ON� INFO
PJ
�r
. . �
r �
�
J
�--��- _.
Community Development Department
G DIVISION
City of Fridley
DATE: September 13, 1991
To: �hn Flora, Public Works Director
FROM:
SIIBJECT:
Steven Barg, Planning Assistant
Vacant Property at 64th Avenue/Ashton Avenue N.E.
As you are aware, the City Council tabled consideration of the
public nuisance abatement at the above referenced location pending
further research. One item that staff was directed to examine
involves existing the costs associated with clearing the sit-e.
I will be preparing a follow-up report for the September 30, 1991,
Council meeting. Could you.please provide me with cost estimates
for abatement under two different scenarios? These are as follows:
1.
2.
Remove only the brush, debris/materials, and treehouse
from the property.
Remove all items.listed in #1 alone, cut and remove all
small trees, and remove the high grass/weeds which can
reasonably be cut due to additional tree removal.
Please let me know if you have questions or wish to discuss this
further. Thanks for your assistance!
SB:Is
M-91-678
31
0
_
ClTYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 •(612) 571-3450 • FAX (612} 571-1287
September 17, 1991
Anna Marie Huston
165 - 14th Avenue N.E.
Minneapolis, MN 55413
RE: Vacant Property Near 64th and Ashton Avenues, Lots 13-16,
Block 13, Fridley Park
Dear Ms. Huston:
This is to inform you that the Fridley City Council tabled
consideration of a public nuisance abatement concerning the above
referenced property at its september 9, 1991, meeting. The Council
heard testimony from area residents and discussed the matter; however,
possible action was postponed until the next Council meeting on
September 30, 1991, and staff was directed to perform further research.
As part of this research, the Council instructed staff to determine an
estimate of projected abatement costs. This analysis is pr.esently being
conducted, and I will pass this information along to you as soon as it
is available.
It is my understanding that you intend to locate single family homes
on this site at some future date. In accordance with the requested
research, staff has been directed to contact area builders to determine
the market for homes which might be located on this property. If you
are interested in attempting to develop the site, let me know since I
may be able to provide some additional information which may assist
you.
You are welcome to attend the City Council meeting on September 30,
1991, when this issue will once again be discussed. The meeting will
be held at 7:30 p.m. in the Council Chambers at the Fridley Municipal
Center, 6431 University Avenue N.E.
Please call me at 572-3595 if you have questions or wish to discuss
this further.
Sincerely,
Steven Barg
Planning Assistant
SB:ls
3J
CE-91-431
May�i- Wi 11 iam NeE�
City of Fridley
6431 University Avenue N. E.
Fridley, MN 5543�
De�r Mayor NeE�,
RE: Locke LakE�
The oreliminary report by the Rice CreeH: Water�hed
Engineer is in your hand�. The Board of the Locke Lcike
Homeowners Fssociation has studi�d i;he r�par} at length.
lJe are interestEC+ in what actions the City of Frid2ey
plans to tai;e. Some points of concern arz as follo:��:
1. LJhat are your reactions to the report?
2. What alternatives du yo� see that could reduce
costs listed in the report? Does th� City fee:
that the costs in tfiis rEport are realistic?
3. What has been done by the City to explore possible
sour�es of funding'
�. Does ttis City {�lan to rzplace thz dam?
. If not, why not? It` not, then what^
�
5. Who will the City assign to coordinai:e wi:h the
Rice Creek t��atershed and Locke LaE:e Homeowners?
We hope that this person will be at a decision making
�level; so that the public, Rice Creek Watershed
District Board and Locke Lake Homeowners Icnow the
!'�ty i= indeed serious in resolving this situation,
b. What time frame do you foresee for the pr-oj=ct?
All of thF� effarts that the City has alrpady extended
on beF�alf of this project are grE�atly appreciated.
. Decis�ons, action and need for progress are imperative.
Wz would anticipate that the Project will be addressed
as an agenda item on the September 30th Council Meeting.
A Boai-� member will be present at the Open Forum portion
of the Council meeting on September 9th to confirm this.
Sincerely,
Mary M. Va=ecka
L_ock�e Lake Homeowne��s Association
4
1 -�
v •�
0
�
_
C(lY OF
FRI DLEY
�
�� ���
� ���
FR[DLEY MUNICIPAL CENTER • 6431 UNIVERS[TY AVE. N.E. FRIDLEY, MN 5543? •(612) 571-3450 • FAX i612) 57f-1287
Sept�exnber 24, 1991
Ms . Nkary Vasec�ca
6909 Hickory Drive
Fridley, NIl�T 55432
5(JBJEGT: I,ocke Lake Cleant�
Dear Ms. Vasecka:
PW91-194
At the last cc�uple of Counci.l meetit�gs, yau have raised a concern rregarding
the clean up of I�ocJc,e Lake. This letter is in response to those concertLS.
'Ihe City has no direct acces.s to LoGke Lalt,e e�ccept throuc� its park on the
s�theast end of the Iake. A,ocordingly, we cannot access on private praperty
to bririg material fr�n the Lak,e onto ttie street ric�t--of�aay �cept thro�gh the
park property. Because of the high water and water table, we do not have
equi.panent or personnel which can enter the Lake are.a and haul material wer to
the park for reznoval.
It is undezstood that in the near future, the Iake bottoan will be dredged. In
this proo�ss, all of the debris that has floated into the basin as well as the
existing vegetation will be rexnaved and di.sposed of. While I understand there
may be s�me delay before this is avoca��lished, it is the ultunate solution to
the cleanirig up of the Iak,e basin.
If the Lr�cJce Lake H�neawr�r's Association would be interested in pick.ing up the
debris and depc�siting it in the rightrof�aay, the City would make an effort to
picJc up the matexial. I would suggest, in this regard, that three or four sites
be specifically identified so that the material can be ooncentrateci there for
ease of deposition as well as pi�.
The City would be agreeable to contracting with a local garbage hauler to place
a diut�ster on svme private pro�perty if the property awner would provide the
necessary hold harmless ease�ments to clrive a vehicle across their yan�s, place
the dtm�ster on the property, allaw the material to be dLU�ed into the d�ster
and allaw the du�ster to be hauled away. If this is desired, please let me lmaw
so we may prepare the proper doc�mtents and have them exec�zted in o�ler to
facilitate the timely removal of the material.
. ,
rrs . rlary vaseca
Page �tao - PW91-194
S� 24, 1991
If the I,oGk,e Lake H�wrier's Association is interested in doizig any of the
above, please let me }a�aw as we are willing within our resources to assist in
i�ravirig the current appearanoe and aesthetics of the LocJce Lake area.
Sincerely,
�
L ��� .%%�-
� ,. �hn G. Flora, P.E.
Director of Public Works
JGF/ts
. �
r �
�
DATE:
TO:
FROM:
SUBJECT:
Background
Community Development Department
P G Drvisiorr
City of Fridley
September 26, 1991
William Burns, City .1�Ianager g•�
Barbara Dacy, Community Development Director
Fridley Bus Company
At the September 13, 1991 meeting, Bruce Lundberg, on behalf of the
neighborhood located east of the Fridley Bus Company, requested an
item to be placed on the September 30, 1991 City Council agenda to
discuss issues pertaining to the Fridley Bus Company. Mr. Lundberg
also requested that the City Council receive a copy of the
neighborhood petition submitted at the August 21, 1991 Planning
Commission meeting (attached). The Planning Commission minutes
have been forwarded to the City Council previously. Mr. Lundberg
stated that the neighborhood wants the City to pursue enforcement
of all the stipulations attached to the 1973 building permit
(attached).
Update
On Tuesday, September 17, 1991, Virgil Herric)c and I met with Butch
Voigt and Barrett Colombo, Fridley Bus Company's attorney.
Previously, Virgil Herrick sent them a letter outlining the City's
position on removing the trees in the northeast corner of the
property to create an additional storage and parking area. The
Fridley Bus Company position is as follows:
1.
�
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They have arranged to double slat the chain link fence
installed between the neighborhood and the Fridley Bus Company
property.
They will be submitting a landscaping plan for planting
additional evergreens on the east side of the fence.
They believe that the fence with the double slatting and the
additional evergreens is a better screen for the neighborhood
than which existed prior to excavation of this area.
Fridley Bus Company
September 26, 1991
Page 2
4. In order to reduce the amount of noise and resulting air
pollution from idling diesel buses, they would like to install
electric hook-ups for engine heaters.
5. They agreed to provide a letter from David Brink, owner of
Stylmark property, outlining what areas they are permitted to
use for storing the buses.
6. They would like the ability to park four to five cars in the
excavated area, as well as to store four half size school
buses between the above ground tank and the building.
We also reviewed each of the 1973 building permit stipulations with
them, and they specifically objected to the stipulation regarding
prohibiting outdoor storage of the buses. They noted that the
stipulations were not recorded as part of the title and that they
were not made aware of these stipulations when they bought the
property. Further, they believe that the City has,not actively
enforced this particular stipulation and stated that it is
physically impossible to store all of the buses in the existing
building. All of the school buses are stored within the building,
but the diesel charter buses are stored outside. They have a fleet
of 21 school buses, four half size school buses, and 16-17 diesel
charter buses.
Stipulation #4 of the building permit dictated that the easterly
70 feet of this property must not be disturbed. Further, a
stipulation to a variance granted in 1973 to the 85 foot setback
also stated that the vegetation remain between the building and the
lot line. The bus company maintains that the screen that is there
now is better than what originally existed and that they believe
that they should have the ability to use their property.
Because of the stipulation on the variance approval and a provision
in the ordinance regarding the 100 foot setback, we stated that
the Fridley Bus Company is in violation of the stipulations and of
the ordinance and cannot park buses within that 85 feet. There is
approximately 103 feet between the east side of the building and
the property line along Main Street. Therefore, no buses could be
stored approximately 18 feet east of the building. The zoning
ordinance, however, would permit automobile parking within 20 feet
of Main Street; however, we maintain that because the variance
stipulation and the building permit stipulations required no
removal af the vegetation, parking should not be permitted.
Further, we have not received the landscaping plan regarding the
additional landscaping east of the fence. We may have that
available prior to September 30, 1991, before Monday's meeting, and
if so, we will present that information.
�
Fridley Bus Company
September 26, 1991
Page 3
Since the September 13, 199Z City Council meeting, a homeowner in
the area has reported being awakened at midnight by the sound of
buses idling (September 18, 1991). Buses in the newly created
storage area have been parked there from time to time according to
the neighbors.
Issue Summarv
This issue can be summarized into three categories:
1. The outdoor storage of buses;
2. Whether or not the screening that has been constructed by the
Fridley Bus Company is better than what originally existed
versus enforcement of the original variance and building
permit stipulations; and
3. Whether or not any activity should be occurring within the 85
feet stipulated on the building permit.
It is our understanding that representatives from the Fridley Bus
Company will not be in attendance at the meeting. I believe that
Mr. Lundberg wants to hear the City Council's position on this
issue and whether or not the City is willing to pursue litigation
against the Fridiey Bus Company to enforce the variance
stipulations or the building permit stipulations.
BD/dn
M-91-717
:
(b) The petitioner shall prove that ell other ordinnnce
requirements are met� including but not limited to�
parking, storm water management� and landscaping.
D. Setbacks.
10/90
(1) Front Yard:
A front yard depth of not less than thirty-five (35) feet is
required for all permitted buildings and uses.
(2) Side Yard: �
1�,�0 (2) side yards are required, each with a width of not less
than fifteen (15) feet except:
(a) Where a driveway is to be provided itr the side yard�
the minimum required side yard increases to thirty (30)
feet.
(b) iJhere a side yard abuts a street of a corner lot,
the side yard requirement increases to a minimum of
thirty-five (35) feet.
(c) No side yard is required where a common wall is
provided between two (2) buildings which meet the
requirements of the Building Code.
(3) Rear Yard:
A rear yard depth of not.less than twenty-five (25) feet is
required, with an additional one (1) foot of rear yard depth
for each four (4) feet of building height over thirty-five
(35) £eet.
(4) Additional Setback Restrictions:
Whenever any industrial district is adjacent to or adjoins any
other district, permitted buildings and uses, except
automobile parking and loading spaces� driveways, essential
services, walks and planting spaces shall not be:
(a) Closer to a street right-of-way line, abutting a
residential district, than 100 feet.
(b) Closer to the alley right-of-way line than forty
(40) feet.
(c) Closer to the boundary line of any other district
than thirty-five (35) feet.
(d) Closer to the boundary line of a residential�
district than fifty (50) feet.
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Fridley Bus Co.
SP �91-09
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SITE PLAN
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:
� REGULAR COUNCIL h1E1:"1'1NG OF AUGUS'I' 6, 1973 PAG� 24
ZTEM - 4- BOARD OF APPEALS SUBCOh1hilTi'EE MEETING OI� JULY 31, 1973:
A REQUEST FUR A VARIANCE OF SECTION 45.134, 6, FRIDLEY CITY C011E,
M0�'ION by Councilman Breider to grant the variance as rec{uegted by
Acsigrtwars reducing the frant yard setback fxom the requirad 1Q0 fe�t
to approximately 41,9 £eet with the stipulation that th� pa�king
area be finished per Code within two years. Seconded by Co�ncilman
tlttex,
The C�ty Engineer said if the parking lot is not ineluded ih the
p7.ans, a problem may arise in the financing of such an imprav�ment.
Mayar I.iebl said the parking area would have to be put in. He
sug�e�ted this be done after the completion of ths underpass,
UFQN A VOICE VOTE, all voting aye, Mayor Liebl declared �he motion
carriecl unanimously.
Th� City Engineex said in order to take care of �he related i�Gems
pn the agenda, he would suggest the Gouncil r�ext ,�,' r the item
numbexed 19, consideration of revised plans ridley ara��.
CONSID�RATZON OF APPROVAL OF REVISED PLANS FOF�
AND
RIDLEY BUS
RESQLUTI4N #89-1973 - A RESOLUTION ORllERING PRELIMINARX PLANS, SPECI-
.
D E MA F •
fii"'T�4rnm r+m � nn� r __ _
AND
R�SOI,UTION #90-1973 - A RESOLUTION RECEIVING THE PRELIMINARY REPORT
AL ING A PUBLIC HEARING ON THE MATTER OF THE CONSTRUCTION OF
CER AI IMPROVEMENTS: STR T IMPR VEMENT PROJECT ST. 1973-1
ADDENDUI� 4:
The Gity Engineer said he would recommend that the original �.3 stipu-
lations on the first plan be applied to this plan with the add�.tion
of the st tem nt tiiat the doors be located on� n the west side
of the building, ,�he_ban � of the creek not be distur ed, tha_�_��
-- --�--------�------- � _
ex�s�ing��rees will_.ba--main�ained_,,_and that t e varzance xeQuesfi an
the south side be granted from 15 to 10��eet�anii ori t�Tie east s�e '�
��r�fi_ 1�00_.'�0 _8S _ �eet ;__�__.�.._ �.__�:�.�-:-��-------__�.�.__�r._�__.�..
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The Gity �n�ineer said the plan liad been clianged and there �vould be no
access to the �arage on the east side of tlie bui�ding. Tlte buses would
now baek in ancl out as they do in the existiiig facility. The �ity
Engineer said in this plan, no land would be acquired from pesignware.
MOTION by Councilman Breider to approve the revised plan for the Fridley
Bus Garage with the 13 stipulations and adding the requirements that
a11 doors be located on the west side of the building, that the bank
of the creek not be disturbed, that the existing trees be maintained
and that the variance on the soutli side be �rom 15 to 10 feet and on
the e�s� side from 100 to 85 feet. Seconded by Councilman Utter.
Upon a vpice vote, all voting aye, Mayor Liebl declared the motian
carr�.ed unanimously. _
MQTIQN by Councilman Breider to adopt Resolution #89-1973 ordeTing�
preliminaxy plans, specificatioiis and estimates of the cQSts th�reof:
S�reet �mprovement Project St. 1973-1, Addendum �4. Secanded by Council-
man Ut�er, Upon a voice vote, all vating aye, Mayor I.iebl dec�ared
�ha ma�i.on carri.ed unanimously.
MQTIQN by Councilman Breider to adop t Resolution #90-1973, x�caiving
�r�liminary repor� and calling a public heaxing on August Z0, 1973,
an �h� matter of the construction of certain improvements: Street
�mprbvQm�nt Praject St. 1973-1, Addendum #a, in the amount o� $10,6�2.�6.
The City Engineer said he would recqmmend th� road be black�op, with
no curbir�g to ::eep the costs to a minimum. He said he hoped ths two
Gompan�.�s Gould come to some agreement on the assessmen�s �or the pro-
posed roadway.
SECONU�D by Councilman Utter. I1p'on a voice vate, all voting:aye, Mayar
1�ieb� deClared the motion carried unanimously.
�ounGilman Nee asked the City Attorney if the City could as$ess the
xai.J.raad? Mr. Kno�.l stated that they would hav� to use the road far
a�cass �ko the bridge. Councilman Bxeider said perhaps the Metro Sewer
BQard cou7,d also be assessed. Councilman Nee sai�d he was in favar q£
ass��sing the railxoad whenever possible.
The City Attorney said if the fact o� the matter would be that they
did use �he road fox acc�ss, it wauld be worth the effort, but th�y
woul,d �ave to be notified. Mayor I.iebl agreed, stating this woul.d be
worxh a�ry. The City Attorney said sometimes there is no disagreement
abou� such assessments.
CONTINUEp: RE�EIVING THE MINUTES OF THE BUILDING STANDARDS-DES�GN
CONTROL SUBCOi�iMITTEE MEETING OF JULY 26. 19 3:
CONSTDERATION OF A REQUEST TO CONSTRUCT A
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BUILDING PERMIT STIPUI,ATIONS FOR
Fridley Bus Garage
1. City would not vacate 30 foot roadway along the railroad tracks but would
allow Fridley Bus to use this right of way for providing a parking lot and
Fridley Bus in turn would give a 30 foot roadway easement next to this
existing 30 foot easement, making a total of 60 feet. Tt�is property would
then have a dual use by both the City of Fridley and Fridley Bus.
2. The owner agrees to grant a walkway easement on the north side of the building
along the south side af the creek bank when the City has determined the exact
location.
3. The owner agrees to provide a 20 foot easement for the existing storm sewer
through this property.
4.- The easterly 70 feet of this property would not be disturbed at all, and all
the veg�tation would be kept in tact. •
5. There will be 4 green ash trees planted on the north side of the building,
with a row of lombardy poplar trees planted in front of these trees and also
along the east side of the parking lot for immediate screening.
The lombardy poplar trees are to be planted on or about 6 feet on center.
6. The parking lot and driveway will be curbed with concrete curbing except the
first 90 feet of the property along the railroad tracks, which will be asphalt
berm.
7. On *_he r_orth side of the parking lot there will be a catchbasin and collection
structure provided with a pipe outlet into the Burlington Northern ditch for
collection of debris and drainage. The type is to be approved by Rice Creek
Watershed and the City Engineering Department.
8• Nine trees are to be saved on the east and north sides of the building as shown
on the plans. ' � .
9. All busses to be parked inside the building. The only outside parking will
be cars.
10. The disturbance of the creek bank will not be allowed and also epecial care
will be taken to see that washout of materials during construction will be
kept to a minimum, and that any area not presently having growth will be
protected with plantings.
11. Location•of gas pumps to be changed to the west side of. the building and be
screened if decided that it is needed by the City.
12. Buildi_ng to be light green panels with a minimum of five aggregate panels
on the nortli side and three on the east side, with all overhead doors to be
located on the west side of the structure. �
13. No traffic from this property onto Main Street; alI traffic will be routed
along the tracks onto Mississippi Street.
14. 18 parking st ill be provided al th de of the site.
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Stipulations for Building Peanit
Bus Garage
Page 2
Fridlcy
15. The building will be set back at a minimum distance of 85 feet fxom the
property line. .
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FRQh1 °:iRNu G_��'� LAt.i pipLS.
.ROR1:1tT �_ l �I lZj'
BERN,IRL1 C. ST'�t'I'(iN
R1C:itA}�Li A. ML•f1Rll.1.
FOD$R7G H5'hlF_4
ntdtnno n. uet�+s
nau�n o. Fer�ns.ow
OARRELI. A.1L•NSEK
)EFFltF.Y �. JONNSON
At�^.,SELL H. c�Uw��rx
pu r. cKic►.�sota
LAWRENC:E R. h7H:JStIV
bA4Nl� A. Ca�31
THO:.il�S P. MAtt�!�G
btlf:l {AEI. P. HUtcLtY
VIRCa11, C. H[illtiCK
iJER�iAN l,. TALLC
Septiember 11, 1991
9.1�.1�41
$arna, Guzy &. SCeffen, Ltd.
ATTORNEIS Al' lAV7
400 Nurcluown Flnancial Flazs
Z00 Coon Rapids Bou(evard
Cvot� Rapids, MN 55433
{(ill) 780-8500 FAX (612) 780-1777
Darwin Voigt
o/o Sarrett Colombo
Rii'1ke-Noor��n
Sui�e 700, Norwast Cent�r
aoX 14�7
St. Cloud, MN 563Q2
TNOMAS L. OONOVr,t:
P.U.4� M� HAitR1s
6!{ARQN 1.11ALL
Ck1AR1.L•91.f..SG1fKORA
VC�IU,IAl�i M.IIANSE�1
)o�a M. rtit�taN
DANIEI. D. OANTER, )R.
DEVERLY K. OOt�qE
OREtXt V. HFRRIq(
JAMC^v p, NOBFT
)OAN 1.1. QUADG
SOD7'f' M. LEPAK
8TGVLN !. MAL`i.'EY
OFqp�NSEL
Pbi'E!l BAANA
LwWaeNCe M• NAVVnc�cri
PAT6NT, dDPYRIOHT
AND77tADL&LIIUt LAW
Dear Mesars. Voigt and GoZombo:
Thi�s l.etter ig i,n re�panae te your letter, dated August 23, 1991r
r���rding the withdrawal oP you� special use pe�mi� application.
Yt is the position of �he City that reC6ri� activitieg on youx
pro�erty are in vioiation o� certain Ci�y Codes arid Ordinances.
Sacti:on 205.3.�.o3.D of the zoning Ordinance reads as follows:
"Whonever any industrial district is ad�acent
to or adjoins any other distirict, permitted
buildings and uses, exoept au�omobile parkinq
and loading spacea, drivawayg, essen�ial
�ervices, wmlks, and p�.ariting apaces shall not be:
a. Closer �a a street right-of-way line abu�ting
a residenL-ial dis�rivt than 1vo �eet."
Storage and parking aF buse� within the 100 foo� se�b�ck is not
p��-m�.s�ible z�s th�.� is a principal, use of the proparty.
On August 6, lg'73, the Fridley Bus Company receiv�d a variance to.
con�truc� re building vn tlie property. The varianCe permitted �
10 footi setback �rarn tihe sout,h property line ahd an $5 �ooti
���baok fro�n �he east proper�y lina. This variance was
conditiioned, one oE which required that the existing tre�s be
maintaii�eil wititiin the 85 foot setbaCk. I� is the position or the
City that your recent actian in clearing the vegatation within
tiii� r��ea ia in violntion of the varianc:a approval granted in
1973.
Columbl� Helpl�tn pftlu Anok� O(llce
J949 Cemrwl /�oenue N� Anv1:a (`cofeukx+at O�dld�ne
Allnnc�poll,. MN 554:1 �tOl ).ck.c•n Streec
{(.12) 78d•�611 5i A�ak�. M1J 53)Of
(61?! �27 F,IiX�
E1� 78n 17'7 -
FF.Ot9 E�HFf7N GU�,; LNI�i t9F'L=. 9.1�.1'''=i 10:�2 �. 3
Darwin Vo�g�
c/o 8arrett Colombo
September 11, 1991
P�ge Two
I hz�ve been adviaed tha� you have taken a pvaition that you �re-
tto� bound by these conditivns because the buiZding perm�,t �tnd
variance were not recvrded documants. I am not certain whether
yau would prevaiZ on that arqument, however, if the varianCe is
not applicabl� to you as a euccessor awner, then you are bound by
the section oP the OrdirlanGe�, whiph T quflted above, that �.imits
the ac�ivity to a 100 Foot se�back from the re�ident�.�l
pr.opQrtieg.
A� � resul� o� a g�.te �inepe�tion on September 10, 1991� th� staff
became� awaXe that oonoretie curbing had been ine�alled along the
south side oE the exis�ing building and into the recen�ly cleared
nartheaat carner oE the proper�y. Section 205.04.o4.K states+
that:
"N� changes i.n ex�erior buildinq dimensions,
, exterior paxking areas, or drainage as
e6tabl�.ahed ii� appraved City plans will be
made un].ess reapprovad by the City."
Any plans �o ch�nge the parking lv�, including cu�tbing or
asphalt, or any plans ta change the drain2tge plari must be
approved by the Counvil prior tv installatlori.
some o� tha buses aurrentiy baing parked an the stylmarlc property
are not b�ing �arked on $ hard suri'�ce. An overall plan af the
pArking area ot �he buses shall be subm3.tted and a le�ter from
David �rink, pwner of Stylmark, shall be submi�Ced concurring
with the p�rking o� buses in �his area.
Sev�rai oP thc� neighborhood residents have complained abaut naise
and air pallutic�n. We requ�at tha� th� Fridley Bus Company
coQpera�.e w3.th �he City in conducting �ecessaxy �asts to show
compl�.ai�ce wi�h �ha City of Fridley's Noise and Air Quality Codea
(Chdpters 124 and 109 respectively).
Fihally, we r�quest the Fxidley Bus Company to alsa caoperat�
with our Fira Inspection Dep�rtmen� and represen�atives of the
Minncso��, Pollution Con�.ral. Agency to verify �.hat a7.1 fire code
issues pertaitzirig to the building and urlderground and above
ground fuel storage t�nks are in contpliance with tha�City'�
Ord�,nances and State Statute,s.
we would l,ike to meet with you as soon as possible to discuss
these vurious i�ems. We would be available to maet on the
afternoons af Monday, Sep�ember 16, 1991 and Tu�sday, September
17, 199�. Please call to verify �he appoi�ntment.
5J -
RGfiNi: i�U���, lGl�� tiF�S.
Da�win voigt
c/o Barrett Golombo
8ep�ember 11� 1491
Page Thrae
Shou�d you have furthQr queat;tons, plaase do not hesi�ate to
con�act Barb Dacy or myseit.
sinco aly,
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virgil C. xerrick
CiCy Attorndy
VCH: j jh
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R1NKE, NOONAN, GROTE, SMOtEY, DETER, COLOM60,
W/ANT, VON KORFF, OEGIOVANNI, AND HOBBS, LTD.
ATTORNEYS AT LAW '
Suite 700 Norwest Center Box 1497 St. Cloud, MN 56302
(672) 251-6700 Fax: (612) 251•5114
Orrin V. Rinke
D. Michae! Noonan
Gerald R. Giote
William A. Smoley'
KuR A. Deter
Barrel[ L. Co/ombo
James L. Wiant
Gerald W. Von KorN
James Degiovanni
September 13, 1991
Virgil C. Herrick, Esq.
Barna, Guzy & Steffen, Ltd.
400 Northtown Financial Plaza
200 Coon Rapids Blvd.
Coon Rapids, MN 55433
SENT TO FAX NO. 612/780-1777
Re: Fridley Bus Company
Our File No. 4439-003
Dear Mr. Herrick:
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I am in receipt of your letter dated September 11, 1991 in regard to
Fridley Bus Company, Inc. and the recent matters pertaining to city
codes and ordinances of the City of Fridley.
I appreciate your offer to meet. Tuesday, September 17, 1991, will be
acceptable for both myself and Darwin Voigt sometime in the afterno.on,
preferably about 2:00 p.m. or 2:30 p.m. We would be available to
meet either at your offices or at the offices of the City of Fridley.
Please confirm whether these times are acceptable and where you would
prefer to meet.
Sharon G. Hobbs Returning to your letter, I would appreciate it if you would have
available at the meeting the City Council minutes in which the zoning
DavidJ. Meyers�'' ordinance you refer to regarding the 100 foot setback was adopted.
John J. Meuers
Thomas E. Kie�nan
Roger C. Justin
John J. Babcock
�Aea/ EState SpBtialist
Certilied Dy the
Minnasota Stale Bar Associatan
=Admiffed t0 Psacfice law
in Wiseonsfn
�A�nRted to Pncfice law
in Indiana
As to the 1973 building permit stipulatione, the copy of the stipula-
tions which I have does not refer to either a 10 foot setback or an 85
foot setback. If you have other documentation relating to the 1973
building permit, I would appreciate receiving them.
Mr. Voigt has informed earbara Dacy that the "curbing" which was
installed was not "curbing" in the traditional sense, but rather con-
crete stoppages for the wheela of various vehicles so that the drivers
did not continue to overextend the vehicles and dent the siding of the
buildings. As to any asphalt or other change in surface, the client
is not proceeding on any plan in that regard at this time.
5L
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September 13, 1991
Page 2
Mr. Voigt and the Fridley Bus Company have always been willing to com-
ply with the appropriate ordinances in regard to noise and air quality
codea and fire inspection. In that regard, Mr. Voigt informs me that
the fire inspector has already been on the premises in the recent week
at east once o review fire code comp i nce with fuel
storage tanks.
I point out to you that while my client certainly must and will.comply
with the enforcenent of the various codes and ordinances, we expect
the City to apply this enforcement in a uniform reasonable manner. My
client will not tolerate being targeted for special, selective
enforcement mere2y becauae the City Council or administration is feel-
ing some heat from unhappy residents.
I look forward to meetinq you on Tuesday, September 17, and to a pro-
ductive meeting.
Sincerely yours,
RINKE-NOONAN
By.
Barrett L. Colombo
BLC/ms
cc Barbara Dacy�
Community Development Director
City of Fridley
Darwin Voigt
Fridley Bus Company
5M
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FR/DL EY BUS COMPA N Y INC.
SALES 339-0612 6750 MAIN ST. FRIDLEY, MINNESOTA 55432 OPERATIONS 571-1240
FAX 571-3312
September 11, 1991
Barbara Dacy
Fridiey Municipal Center
6431 University Avenue NE
Fridley,, MN 55432
Dear Ms . Dacy,.
Thank you for your telephone call today in regards to the
paving of the parking lot.
At this time,, it is not our intent to pave the parking
lot.
It is my understanding, from our conversation,. that it
is all right for us to add fill from the curb to the building.
If this is not the case, please let us know,� as we would
like to do this very soon.
Sincerely,,
� .
c�,.:.-� -
Darwin A. Voigt
President
FRIDLEY BUS COMPANY, I1VC.
DAV/mjv
VANS SCHOOL BUS TRANSIT B�N
SUBURBAN BUS MOTORCOACHES
0
CITY OF FRIDLEY
PETITION COVER SHEET
PETITION NO.: 4 � 1991
DATE RECEIVED: 8/21 /91
OBJECT:
1LLEGALACTIVITIES ATTHE FRiDLEY BUS COMPANY
FROM THE RICE CREEK PLAZA NEIGHBORHOOD
PETITION CHECRED BY: DATE:
PERCENT OF SIGNING:
REFERRED TO CITY COtJNCIL:
DISPOSITION:
50
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MEMORANDUM
DATE: August 18, 1991
TO: Community Development Department,
Planning Division, City of Fridley
FROM: Rice Creek Plaza Neighborhood
SUBJECT: Illegal Activities at Fridley Bus Company
As concerned residents of the Rice Creek Plaza neighborhood, we would like to
make our concerns and recommendations known to the pfanning division and
City Council regarding the use of the property known as Fridley Bus Company.
The use of this property has far exceeded the original intent and stipulations of
the building permit No. 12392 issued November 16, 1973. It appears that the
company may as well have outgrown the intended use of the facilities. The
attached documents and correspondence describes the illegal activities and
noncompliance with the building permit and stipulations. We will not restate
them for the purpose of this petition. We do wish to make the following
recommendations known to the planning division.
1. That Fridley Bus Company adhere to stipulation No. 9 of the
building permit and refrain from parking buses outside the existing
building.
2. That �ridley Bus Company replant trees and shrubs on both sides of
the new fence to completely cover the fence from the east side and to
conform with stipulation No. 4(easterly 70 feet of property be left in
vegetation).
3. The City obtain an easement and establish a walkway in accordance
with stipulation No. 2.
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Page Two
Community Deveiopment Department
Planning Division, City of Fridley
4. That the City investigate the apparent pollution caused by the
storage and refueling of buses on the west end of the building. It
appears that diesel fuel is running into Rice Creek.
5. That only limited exterior lighting be allowed so that visual pollution is
kept to a minimum (lighting be limited so that it is not visible from the
east of the property.
6. That the City studies the traffic flow from 2nd Street to Mississippi
Street. With the expansion of Stylmark and the number of buses and
cars at Fridley Bus Company, this is becoming a major concern. As you
are aware, that is basically the only exiUentrance fior the entire Rice
Creek Plaza neighborhood.
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Community Development Department
Pianning Division, City of Fridiey
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Planning Division, City of Fridley
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DATE:
TO:
FROM:
SUBJECT:
Community Development Department
P G DrviSION
City of Fridley
September 25, 1991
William Burns, City Manager �;p•
Barbara Dacy, Community Development Director
Establish a Public Hearing for the Light Rail
Transit Preliminary Design Plans for October
24, 1991
Minnesota State Statute requires cities in which a proposed LRT
system is located to review and to hold a public hearing within 45
days of receipt of the plans. The Preliminary Design Plans
represent about 10% of construction of the system. Staff
recommends that the City Council establish October 24, 1991 as the
proposed public hearing date for the Preliminary Design Plans.
Proposed schedule
The 45 day review period for cities in Anoka County expires on
November 11, 1991. The Environmental Quality and Energy Commission
and the Planning Commission will prepare recommended.comments at
their October meetings. The public hearing will be conducted on
October 24, and the City Council will either approve or disapprove
the plans on November 4, 1991.
According to State law, if the city disapproves the plans, the city
must identify items/issues which would make the plans acceptable.
The public hearing is proposed to be conducted in the Council
Chambers, and to be begin at 7:00 p.m. We are in the proces of
arranging the meeting to be televised on cable TV.
The public hearing list that we have prepared encompasses property
owners not only on the east side of University Avenue but also on
the west side of University Avenue.
Recommendation
Staff recommends that the City Council establish October 24, 1991
as the public hearing date for the Preliminary Design Plans.
BD/dn
M-91-712
BRW, Inc.
August 19, 1991
NORTHEAST LRT CORRIDOR SCHEDULE
APPROXTMATE DATES
PRELIMINARY DESIGN
ACTIVITY EIS (10%)
DEIS Submitted to EQB
DEIS Notice of Availability/
DEIS Distribution
DEIS Review/Comment Period
HCRRA Public Hearing on DEIS
ACRRA Public Hearing on DEIS
FEIS Preparation
HCRRA and ACRRA Approve
Distribution of Preliminary
Design Plans and Submit
to Cities/RTB/Metropolitan
Council/Mn/DOT for review
30-Day Minimum Review Period
for Preliminary Design Plans
HCRRA Preliminary Design
Public Hearing
ACRRA Preliminary Design
Public Hearing
45-Day Review Period of
Preliminary Design Plans
by Cities in Hennepin County
45-Day Review Period of
Preliminary Design Plans
by Cities in Anoka County
MR331
May 6, 1991
May 13, 1991
May 13 - July 8,
1991
June 5, 1991
June 13, 1991
July 9 - Novembcr
1991
• �
August 20 and 22,
1991 respectively
August 23-
September 23, 1991
September 24, 1991
September 26, 1991
September 25-
Novem6er 8, 1991
September 27-
November I1, 1991
, BRW, Inc.
August 19, 1991
NORTHEAST LRT CORRIDOR SCHEDULE
(CONTINUED)
-- APPROXIMATE DATES
PRELIMINARY DESIGN
ACTIVITY EIS (10%)
City of Minneapolis Holds
Public Hearings on
Preliminary Design Plans
Cities in Anoka County Hold
Public Hearings on
Preliminary Design Plans
Date by Which City of
Minneapolis Must Approve
Preliminary Design Plans'�
Date By Which Each City
in Anoka County Must
Approve Preliminary Design
Plans'�
RTB, Metropolitan Council,
Mn/DOT Submit Comments on
Preliminary Design to
ACRRA/HCRRA
ACRRA/HCRRA Approve
Preliminary Design Plans
Anoka and Hennepin County
Boards Approve Preliminary
Design Plans
FEIS S ubmitted to EQB
FEIS Notice of Availability
FEIS Review and Co�nment
Period
A833I
December 2, 1991
December 9, 1991
December 10-23,
1991
• •
September 25-
November S, 1991
September 27-
November 11, 1991
November 8, 1991
November 11, 1991
November 20, 1991
December 1991
December 1991
BRW, Inc.
August 19, 1991
r. NORTHEAST LRT CORRIDOR SCHEDULE
(COI�iTINUED)
APPROXIMATE DATES'
PRELIMINARY DESIGN
ACTIVITY EIS (10%)
ACRRA/HCRRA Adequacy January 1992
Determination
EQB Nodce of Adequacy January 1992
Deternunation
1/ Failure to approve/disapprove preliminary design plans in writing within 45 days after the
ACRRA/HCRRA hearing(s) is deemed to be approval, unless an extension of time is agreed
to by the city, county, town and the ACRRA/HCRRA.
A83��
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DATE:
TO:
FROM:
SUBJECT:
Background
Community Development Department
��I�ANNING DIVISION
City of Fridley
September 25, 1991
William Burns, City Manager�'�""
Barbara Dacy, Community Development Director
Variance Extension Request for Wayne Johnson;
,6051 - 3rd Street N.E.
On May 10, 1988, the Appeals Commission approved a variance request
to locate Wayne Johnson's proposed garage one foot from the rear
lot line and three feet from the side lot line.
On July 9, 1990, the City Council approved an extension to the
variance request to August 1, 1991. The reason for the extension
was due to the legal camplications regarding the vacation and the
sale of the alley to the rear of the Johnson property.
Reauest
All of the necessary legal work has been completed as of this
month; however, Mr. Johnson has again requested that the variance
approval be extended an additional year in order to construct the
garage.
Recommendation
Staff recommends that the City Council approve an extension of the
variance approval to August l, 1992. -
NOTE: One of the stipulations of the alley vacation was to require
passage of a resolution allowing the encroachment of the garage
over the utility easement which was created over the vacated alley.
The resolution will be scheduled for an upcoming City Council
meeting.
BD/dn
M-91-713
0
C� (: �
FRIDLBY CZTY COIINCIL ?tESTINQ OF JIILY 9. 1990 PAGE 18
Councilman Billings asked when the home was built. Ms. Dacy stated
in 1959. ,---,
Councilman Billings stated, at that time, etback would have
been ten feet so it is conceivable the b er allowed for the fact
that an addition could be placed o e home.
MOTION by Councilman Bill' s to concur with the recommendation of
the Appeals Commiss' nd grant variance request, VAR �90-10, to
reduce the sid rd setback on a corner lot from 17.5 feet to 15.5
feet. Sec ed by Councilman Fitzpatrick._ Upon a voice vote, all
voti ye, Mayor Nee declared the motion carried unanimously.
15. VARIANCE EXTENSION REOUEST. VAR #88-06, BY WAYNE JOiiNSON. TO
�ZEDUCE THE REAR YARD SETBACK FROM 3 FEET TO 1 FOOT . AND TO
REDUCE THE SIDE YARD SETBACK FROM 5 FEET TO 3 FEET, TO ALLOW
THE CONSTRUCTION OF A THREE-CAR GARAGE ON LOTS 25 AND 26.
BLOCK 5. HYDE PARK ADDITION. THE SAME BEING 6ff51 THIRD STREET
N•E•:
MOTION by Councilman Billings to approve this variance extension
to August 1, 1991. Seconded by Councilman Fitzpatrick. Upon a
voice vote, aIl voting aye, Mayor Nee declared the motion carried
unanimously.
i6. NUISANCE ABATEMENT AT 501 GLENCOE STREET N.E.:
This item was deleted from the agenda.
17. STABLISH A BLIC HEARI G FOR ESTABLI NG A EW TAX
NCREMENT FINANC NG STRICT O. 1 FOR RED EIA ME OF
HE NORTHEAST UADRAN OF IVERSITY NUE AND MISSISSIPPI
STREET•
MOTION by Councilman Billings to the public hearing on the
establishment of a new tax increm t financing District No. 11 for
July 23, I990. Seconded by C cilman Schneider. Upon a voice
vote, all voting aye, May Nee declared the motion carried
unanimously.
18.
Mr. Pribyl, inance Director, stated that the Long Term Care
.. Foundatio s requesting the issuance of $1,150,000 in industrial
revenue onds . He stated that the City would then enter into a
joint owers agreement with the City of Minneapolis and twelve
oth municipalities in the metro area to issue a total of
a roximately $42.9 million to finance the acquisition of eiqhteen
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FR[DLEY
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450
.•• ��.u�v ��►
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Wayne �TOhs�son
6651 - 3rd Street N.E.
Fridley, Mn. 55432
i+iay I9, i988
On Tuesday, May 10, 1988, the Fridley Appeals Co�nission officially approved
your request for a variance, VAR #88-06, to reduce the rear yard setback fro�n
3 feet to 1 foot and to reduce the side yard setback fram 5 feet to 3 feet to
allow the construction of a 20 ft. by 40 ft. garage on lots 25 and 26, Block
5, Hyde Park Addition, the same being-6051 -3rd Street N.E., with the
follawing stipulations: .
1. Drainage between the two properties, 6061 - 3rd Street N.E. and
6051 - 3rd Street N.E. to be worked out to the mutual satisfaction �
of both property awners and the City E�gineering Depari�nent.
2. The variance to be contingent upon the approval of the vacation and
the stipulations placed on the vacation approval.
If you have any questions regarding the above action, please call the
Planning Degartment at 571-3450.
Sincerely,
' � xM' c/
Uarrel Clark
Qzief Building Official
Please review the noted stipulations, sign the statement below, and return
one oopy to the City of Fridley Planning Degartment by June 2, 1988.
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Concur �with actior� taken
7D
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.
DATE:
TO:
FROM:
Community Development Department
PI�ANNING DIVISION
City of Fridley
September 26, 1991
William Burns, City -Managers.�''
Barbara Dacy, Community Development Director
SUBJECT: Consideration of Approval of Easement
Encroachment Agreement at 1201 Hathaway Lane
N.E.; Orthodox Church of the Resurrection of
Christ
Father Magram and the Orthodox Church of the Resurrection of Christ
has submitted a building permit application to construct a
vestibule, canopy, and carport along the front of the home located
at 1201 Hathaway Lane N.E. The carport portion of the proposed
construction is located within a six foot wide utility easement
running along the west side of the property. Prior to issuance of
the building permit for this part of the construction, we advised
the petitioner that an easement encroachment agreement needed to
be approved by the City Council.
Background
Also located on the six foot utility easement is the existing
detached two car garage. The garage was constructed in 1967;
however, it was unknown to the City that a six foot utility
easement existed where the garage was constructed. The City relied
on an erroneous survey dated November 9, 1962 which was completed
by C.E. Coulter, Land Surveyor.
The encroachment was discovered when the property was about to be
sold to the Orthodox Church. We advised the new owner about the
encroachment and advised him that, if needed, the City may have to
remove a portion or all of the garage if work needed to be done.
A formal agreement was not executed at that time.
Proposed Request
The attached site plan indicates the location of the vestibule,
canopy, and carport. According to Section 205.04.06, the vestibule
and canopy are permitted to encroach up to five feet and ten feet
respectively of the required front yard. They are located in
conformance with the setback requirements. The carport, however,
Easement Encroachment Agreement
September 26, 1991
Page 2
slightly encroaches into the required setback. Therefore, we have
advised Father Magram that the carport portion will need to be
shifted to the north in order to comply with a 25 foot setback from
the property line.
The attached agreement has been prepared to allow the encroachment
of the existing garage as well as the proposed carport. The
agreement stipulates that the property owner will be responsible
for replacement and cost for any repair or replacement of the
garage and/or carport if the City needs to use the utility
easement.
Recommendation
Staff recommends that the City Council approve the attached
agreement to permit the encroachment of the existing garage and the
proposed carport subject to revision of the site plan to indicate
compliance with the 25 foot setback from the front lot line.
BD/dn
M-91-715
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STATE OF MINNESOTA
COUNTY OF ANOKA MiJTUAL AGREEMENT
THIS AGREEMENT made and entered into this day of
, 1991, by and between the City of Fridley, County
of Anoka, Minnesota, a municipal corporation, hereinafter referred
to as "City", and Orthodox Church of the Resurrection of Christ,
Inc., a corporation under the Laws of the State of Minnesota,
hereinafter referred to as "Owner".
WHEREAS, there is an existing utility easement running north-south
at or near the west line of Lot 3, Bloek 1, Parkview Oaks First
Addition. (As noted on the attached corrected survey marked
Exhibit A).
WHEREAS, the City issued a building permit in August 1967 for the
construction of a garage on Owners property based on a survey not
indicating �he existing easement. The erroneous survey was dated
November 9, 1962 and was performed by C.E. Coulter, Land Surveyor.
WHEREAS, the Owner desires to construct a carport and canopy which
wi11, along with the existing garage, encroach upon the above
mentioned utility easement. '
THEREFORE, it is agreed the City will allow the existing garage
encroachment and will authorize the construction of the carport and
canopy encroachment. Said allowance and authorization being given
upon the conditions and with the understanding that: 1j the above
mentioned encroachments be subject to the rights of the City to use
said property for the above described easement purposes, and 2) the
City be released from liability for the constructed encroachments.
FURTHER, IT TS MUTUALLY AGREED that should the above encroachments
interfere with the use of said property as an easement for said
purposes, the Owners shall be responsible for: 1) any additional
costs, resulting from the said encroachments in the repairs,.
replacements, and maintenance of the utilities located within said
easement, and 2) any cost of relocation, repair, and/or replacement
of the above mentioned constructed encroachments, resulting from
the repairs, replacements, and maintenance of the above mentioned
utilities.
BE IT FURTHER AGREED that the provisions of this agreement shall
be binding upon and enforceable against the parties hereto, their
successors and assigns and all subsequent Owners of the property
herein described. An executed copy of this agreement shall be
filed with the Anoka County Recorder's Office and made a part of
and be binding upon the above-described property.
IN WITNESS THEREOF, the parties have hereunto set their hands this
day of , 1991.
:
Mutual Agreement
Page 2
This instrument drafted by:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
by
its
State of Minnesota )
) ss
County of Anoka )
Orthodox Church of the
Resurrection of Christ, Inc.
�
On this day of , 1991, before me, a Notary
Public within and for said county, personally appeared
, to me personally known, who being by me duly
sworn did say that is the of the
Orthodox Church of the Resurrection of Christ, Inc., a Minnesota
corporation named in the foregoing instrument, and said
acknowledged said instrument to be the free
act and deed of said corporation.
Notary Public
City of Fridley
William J. Nee - Mayor
William W. Burns - City Manager
:r
Mutual Agreement
Page 3
State of Minnesota )
)ss
County of Anoka )
On this day of , 1991, before me, a Notary
Public within and for said County, personally appeared William J.
Nee and William W. Burns, to me personally known, who being each
duly sworn they did say that they are respectively the Mayor and
the City Manager of the City of Fridley,�the municipal corporation
named in the foregoing instrument, and that the seal affixed to
said instrument is the corporate seal of said municipal
corporation, and said William J. Nee and William W. Burns
acknowledged said instrument to be the free act and deed of said
municipal corporation.
Notary Public
:
■�
�� C. E. COULTER 8� ASSOCIATES, INC.
JOHN A. PETERSON � FRANK R. LENZ JR.
� PROFESSI4NAL REGISTERED SURVEYORS .
REGISTERED IN MINNESOTA A WISCONSIN � LICENSED IN CRY OF MINNEAPOLIS
3300 LYNDALE AVE. S0. MtNNEAPOLIS, MtNN. 55408
TELEPHONE = 612 - 824 -0370
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I hereby certify that this is a true and correct plat of a survey of:
�
The West line of Lot 3, Block l, PARKVIEW OAKS FIRST ADDITION, Anoka County,
Minnesota and the location of the Utility Easement and garage ofi Lot 3 in relation
to said West line of said Lot 3.
1 HEREbY CERTIFY THAT TMIi SURVEY,PLAN,OR REPORT WAS PREPAREO OY
ME 011 UNDER MY DIRECi 3U�ERVISION AND TNAT I AM A DULY REQISTERED
LANO SURVEYO NOER THE l OF T 8T OF MINNESOTA.
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DATE Z
llEO. N0. _._..�b O
CI.IENT WALTER MAURER
J08 N0. 10,963 SCA�E ��� = 30'
8K./PQ. 728/36 SHEET 1 OF 1
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FRiDLEY
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FR(DLEY IVIUNIC(PAL CENTER • 6431 UN(VERS(TY AVE. N.E. FR[DLEY, MN 55432 •(6l2) 571-3450 • FAX (612) 571-1287
September 17, 1991
Father John Magram
1201 Hathaway Lane N.E:
Fridley, MN 55432
Dear Father:
You asked me to write a letter regarding the vestibule, canopy,
carport, and fence that you would like to construct on your
property. .
Section 205.04.06 of the Fridley City Code permits a vestibule to
extend not more� than five feet into the required yard provided they
are only one story and do not exceed 50 square feet. Because the
front lot line of your property slopes from north to south, there
is extra area to construct the vestibule in between the front of
the house and the 35 foot setback line. The vestibule, however,
according to the previously cited section, cannot extend beyond 30
feet from the front lot line.
Section 205.04.06.(�3) permits canopies to building entrances n�ot
more than ten feet into any required front yard. In this instance,
the canopy cannot extend beyond 25 feet from the front lot line.
Again, because of the alignment of the front lot line, you should
have more than enough room to meet this requirement.
The carport proposed to be constructed over the driveway must also
meet the previously cited section, and cannot be closer than five
feet to the side lot line. Further, because a utility easement is
located along the westerly 15 feet of your property, an easement
encroachment agreement must be approved by the City Council prior
to construction in this area. Also note that because the front lot
iine is closer to the house in this particular area than in the
southeasterly corner of your property, the carport as shown on your
site plan submitted September 9, 1991 will have to be shifted to
the north in order to meet the required setback of 25 feet.
Before issuance of a building permit, the City would like to
confirm whether or not there are any architectural covenants on
record against lots in this particular subdivision. You agreed to.
:
Father John Magram
September 17, 1991
Page 2
bring me a copy of your abstract or title opinion so that we could
determine if there was any reference to private covenants or
restrictions. �•
You also indicated that you were going to install a chain link
fence along the property lines. Please note that the fence cannot
exceed four feet anywhere in front of the.house and must be placed
entirely on your property. Please note that in the southwest
corner, there is 16 feet between the curb and the front lot line.
In the southeast corner of your lot, there is approximately nine
feet separating the curb and the lot line. The fence should not
be placed in the right-of-way. Further, any part of the fence in
the front yard area should not exceed four feet in height. This
would include an arch or any type of ornamental fixture attached
to the fence.
Finally, you inquired as to whether or not you can construct the
vestibule and the canopy prior to receiving permission on the
carport. Once we have determined whether or not there are private
architectural restrictions, the City will then issue a building
permit for the vestibule and canopy.
The easement agreement will then be considered for City Council
action at the September 30, 1991 meeting. If you have any further
questions, please feel free to call me at 572-3590.
Sincerely,
Barbara Dacy, AICP
Community Development Director
BD/dn
C-91-307
cc: William Burns
��
_(lF�1ET�
Convention & Tourism Bureau (612) 566-7722
6155 Earle Brown Drive, Suite 120 1-800-541-4364
Brooklyn Center, MN 55430 (612) 566-6526 TDD
September 23, 1991
Mayor William Nee
City of FridIey
6431 University Avenue, NE
Fridley, MN 55432
Dear Mayor Nee:
..
�.� % �
�� � �
In accordance with the agreements with our four member Cities, the Convention and
Tourism Bureau is required to submit it's 1992 budget to each City prior to the last day
of September 1991. Submission of the budget is for information only with no action
necessary by the Fridley City Council.
If you, or any member of the City Council, have any questions regarding the budget, or
any of the activities of the North Metro Convention and Tourism Bureau, please let me
know and I will make myself available at your convenience.
One of our most successful 1991 programs, that greatly impacted Fridley, is our agreement
with the National Sports Center. We are pleased with the results and will continue this
agreement in 1992.
Sincerel
- r -
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es E.� Cook
Executive Director
encl
CGgh
Serving ihe communities of:
Fridley/Brooklyn Park/Br�klyn Center/Maple Grove
NORTH METRO CONVENTION AND TOURISM BUREAU
1992 BUDGET
ADMINISTRATION 1992 1991 1991
Adj. 9/91 Ori�inal
Salaries 116,000 90,000 90,000
FICA - Employer 8,5(l0 6,900 6,900
Federal Unemployment 200 200 200
State Unemployment 200 538 538
Office Lease 12,500 11,007 10,507
Office Equipment 7,590 10,000 10,000
Office Supplies 1,500 2,200 1,500
Telephone 3,500 4,500 3,500
Postage 6,000 7,000 4,000
Auto/Parking 3,000 3,000 3,000
Printing%Stationary 1,000 1,000 1,000
SecretaryfTemp. 1,000 1,000 -IX)-
Workers Comp. 1,500 1,500 1,500
Liability Ins, O&D 2,375 2,375 2,375
Liability Ins, General 1,500 1,500 1,500
AuditfTax Preparation 2,000 2,000 2,000
Professional Fees 1,500 2,000 1,200
Misc. Other �00 1,500 1,OOQ
Total 171,065 148,220 140,720
MARKETING 1992 1991 1991
ADJ. 9/91 Original
Meeting Planner 1,000 500 500
Rate/Promotional Literature � 10,000 2,000 800
Reference Materials 30Q 300 300
Group Promotion 2 44,000 50,000 40,000
National Sports Center 15,000 19,466 19,466
Tourism Advertising 2 95,049 104,228 103,428
PromotionalItems Z,000 6,000 6,000
Special Promotions 26,500 20,000 5,000
D'uect Mail 3-QO- 1,000 1,000
Agency Fees/Production Z-00- 35,000 22,500
Contingencv 500 500 5(�
Total 188,800 238,994 199,949
(1) Includes:$8,000 for Visitor Guides; $2,OU0 for rate brochures
(2) Agency fees and Production included.
(3) Direct mail eJCpenses in Postage and Promotional literature
. �
SALES/SALES PROMOTION 1992 1991 1991
Adj. 9/91 Orig,inal
Hotel Expense - Travel 4,000 4,000 4,000
Meal Expense - Travel 1,500 1,500 1,500
Entertainment - Travel 1,000 500 1,000
Meal F.xpense - Loc�l 750 750 750
Entertainment - I.ocal 1,000 1,500 1,000
Airline Expense 2,000 3,000 2,000
Car Rental Expense 1,000 1,000 1,000
Travel ShowsBlitzes 3 400 5 000 4,000
Total 14,650 17,250 15,250
MEMBERSHIPS 1992 1991 1991
- Adj. 9/91 Ori�inal
MACVB 200 200 200
MSAE 200 200 200
HSMA 125 125 125
MPI 210 210 210
IACVB 975 975 975
MN FestivaLs Assn. 100 100 100
RCMA 100 100 100
Metro Assn of CVB's 6,000 -0- -0-
North Hennepin Chamber 200 200 200
Brookl}m Center Chamber 190 190 190
Fridlev Chamber 185 185 185 �
Total 8,485 2,485 2,485
PUBLIC RELATIONS 1992 1991 1991
Adj. 9/91 Orig;inal
Public Relations 15,000 10,000 15,000
Local Promotions 8,000 &000 5,000
Total 23,000 18,000 20,000
TOTAL EXPENSFS - ALL ITEMS 1992 1991 1991
Adj. 9/91 Orig�nal
411,949 424,949 377,949
PROJECTED INCOME 1992 1991 1991
Adj. 9/91 Original
3% Tax IncAme 370,000 357,000 310,000
Interest Income 1,000 2,000 2,000
Carryover/Savings , 20,000 45,000 45,000
Joint Venture Grant 20 949 20 949 20 949
Total 411,949 424,949 377,949
�
NORTH METRO CUrfVENTION AND TOURISM BUREAU
1992 MARI�TING PLAN
L INTRODUCTION
In all previous marketing plans we have identified our top priorities as; (1) Idenrify
North Metro as part of the Twin Cities Tourism Marketplace; And, {2) an ideal
place to stay when visiting the Twin Cities.
Our philosophy has been, and will continue to be, that very little, ii any, money will
be spent in our � four member communities if the visitor selects accommodations in
another part of the Metro area. As with the tourist/visitor, we also know that
delegates of ineetings and com�entions will not contn'bute to our local economy if
their meeting/convention is not in North Metro.
Meetings and Conventions, primarily midweek business, will be high on the Bureaus
agenda in 1992. A Sales Manager, reporting to the Director of Sales, will be added
to the staff, with the sole responsbility of attraeting meetings and convention
business.
With Highway #610 now a reality, the expansion of industry in the North Metro .
Area will improve our ability to assist the hote�s attract more corporate business
meetings. We wish each member cities Economic Development Department, and .
the North Metro Mayors success in increasing our industrial base.
While we have experienced growth in each of our five years of existence, 1992 is
going to present a special challenge for North Metro and it's hospitality industry.
While such attractions as the Superbowl, and NCAA Final Four, will be positive,
they will be short term. Bloomington's Mall of America, on the other hand,
represents a long term attractionfshopping diversion. Although we hope the Mall
will not create a major negative impact in 1992/93, we l�o�i� that • it will have an
impact Can we entice the visitors we have attracted over the past �ve years to
continue to stay with us, maldng the 30 minute trip to Bloomington for their Mall
of America. experience? Will we loose local meetings to Bloomington, because the
Mall will satisfy spouse programs, and after hour delegate entertainment?
The most important thing we must do in 1992 is maintain a positive, aggressive,
attitude in promoting North Metro.
9C
II. EXPLANATION
It would be nice to have a very specific marketing plan, but unfortunately a
Convention and Visitors Bureau is a service organizatio� that has little control over
it's product Our plan is general, relying on the Marketing Committee to
periodicaily review the Bureau's marketing activities, and adjusting it when
necessary.
IIL TOURISM
Twin Cities tourism is primarily weekend visits from persons in Minnesota, adjoining
States, and the Can�dian Provinces of Ontario, �nd Manitoba. Intemational visitors
are increasing, but to capture them is cc�stly, and they primarily prefer to stay in
a city center.
In our opinion, North Metro should continue to spend it's promotional dollars in
our major markets of Northern Minnesota, North Dakota, Northern Wisconsin, and
Winnipeg and Thunder Bay. With existing high-occupancy weekends, our challenge
in 1992 is midweek tourists/visitors. Will our challenge be easy? Even the appeal
of Twins rickets to their opening midweek series with the Yankees, failed in 1990.
If we are to improve our midweek tourism business, we must identify and appeal
to potential visitors that can travel midweek. �pecial package plans and discounts
will be produced that hopefully will attract to seniors.
Budget
Visitors Guide
Rate Brochures
Tourism Advertising
Special Promotions
Travel Shows/blitzes
Local Promotions
IV. MEETINGSJCONVENI'IONS
: 111 1!
11! 11
' Ilf fi
. 1i 11
�11 tl
: 111 11
In 1991, we began our push to attract more meetings and conventions to North
Metro. While our advertising brought many positive comments, it created few calls.
In 1992, while a small amount of advertising will be continued in Association
publications, the major thrust will be direct mail, telemarketing, sales calls, the
IACVB lead share program, and North Metro's Second annual Showcase.
� �
Budget:
New Sales Manager Position
Meeting Planner Guide revisions
Group Promotions
Promotional items
Meetings Shows
� I ' �' � I ' • �� �
Phone, incl. U.S and Canada WATS
Postage
Loca1 meals and Entertainment
Travel meals and Entertainment
Air, Hotel, and Car Rental
Memberships {Business Potential)
VL BUDGET
Administration
Marketing
Sales/Sales Promotion
Memberships
Public Relations
Total Budget
1r�l�lk� �I
21,000.00
1,000.00
46,500.00
�,000.oa
3,400.00
3,50Q.00
6,000.00
1,750.00
2,500.00
10,OOQAU
6,510.00
171,065.00
188,800.00
14,650.00
8,485.00
23,000.00
411,949.00
The estimated 3% lodging tax income for 1992 will be $370,OOQ.QO. The estimate is up
19.3% over the original 1991 projection, and 4% over the 1991 adjusted t� income of
$357,0�0.00.
Income:
3% Lodging tax income 370,000.00
Interest Income 1,000.00
Minnesota Joint Venture income 20,949.00
1991 Carryover 20,000.00
Total
�
411,949.00
TO:
FROM:
SIIBJECT:
DATE:
FINANCE DEPARTMENT
�
��r
MEMORANDUM
f'•
WILLIAM W. BORNB, CITY MANAGER �
RICHARD D. PRIBYL, FINANCE DIRECTOR
PAIIL S. HANSEN, ACCOIINTANT
REFERENDQM LEVY RETURN AGREEMRNTS
September 26, 1991
Attached you will find a copy of the 1992 School Di.strict
Referendum Levy Return Agreements and the 1992 estimated amounts.
The Fridley Housing and Redevelopment Authority reviewed and
approved this item during their most recent meeting.
The estimated total return amount for 1992, before delinquents, is
$376,061.10. This is an increase of 14� from the 1991 estimated
return amount, before delinquents, of $330,207.52.
In total the increase is estimated at 14� but, per each individual
School District the percentage increase varies greatly. Below
shows the estimated 1991 amounts, estimated 1992 amounts, and the
percentage increase/(decrease):
School Estimated Estimated
District 1991 amounts 1992 amounts
11 $ 15,852.91
13 $ 29,652.3?
14 $225,087.09
16 $ 59,615.15
$ 17,876.25
$ 26,87?.31
$271,516.41
$ 59,791.14
Percentage
Increase/(Decrease)
13�
�9��
21$
0�
The reason the amount due to School District #14 increased by 21�,
even though the class rate decreased, was due to the increase of
market value of the Northwest Racquet & Swim Club from $5,479,300
to $12,395,900.
Each School District should be aware that these are our best
estimates at this time. The market values could be reduced through
court decisions, abatements or by other means. Also, delinquents
averaged approximately 9� in 1990.
If you have any questions, please feel free to call.
RDP/me
Attachment
10
AGREEMENT
This Agreement is dated as of January 2, 1992, is
by and between the City of Fridley, Minnesota, and Independent
School District No. 16, and provides as follows:
1. pefinitions. As used in this Agreement, the
following terms have the following meanings, respectively:
9T06
"Citv" means the City :of Fridley,
Minnesota.
"HRA" means the Housing and Redevelopment
Authority in and for the City of Fridley,
Minnesota.
"Proi ect" means Redevelopment Proj ect �To.
1 established and operated by the HRA pursuant
to Minnesota Statutes, Sections 469.401
through 469.047.
"1985 Revenue Bonds" means the HRA's
$4,070,000 Tax Increment Revenue Bonds oE
1985, dated May 1, 1985.
"Limited Revenue Note" means the HRA's
$5,603,755.80 Limited Revenue Capital
Appreciation Tax Increment Note, dated
December 20, 1985.�
"1985 G.O. Bonds" means the City's
$11,550,000 Variable Rate Demand General
Obligation Tax Increment Bonds, Series 1985,
dated December 30, 1985.
"1986 G.O. Bonds" means the City's
$10,045,000 General Obligation Tax Increment
Refunding Bonds, Series i986, dated as of
August 1, 1986.
"Z990 G.O. Bonds" means the City's
$9,485,000 General Obligation Tax Increment
Refunding Bonds of 1990, dated March l, 1990.
"Tax Increment Oblicrations" means the
1985 Revenue Bonds, the Limited Revenue Note,
the 1985 G.O. Bonds, the 1986 G.O. Bonds, the
� �
�
9706
..
1990 G.O. Bonds, and any other contractual
obligations of the HRA or the City which were
entered into prior to the date of this
Agreement and which commit the use of any tax
increments from the TIF Oistricts for
specified purposes, projects, or parties.
"Tax Increment Act" mea�s Minnesota
Statutes, Sections 469.174 throuqh 469.179.
"�IF Districts" means Tax Increment
Financinq District Nos. 1 through 11 within
the Project. The attached Exhibit A contains
certification dates and other infonaation on
the TIF Districts..
NSchool Districtp means Independent
School District No. 16, the Spring Lake Park �
School District.
"�ubdivision" means Minnesata Statutes
Second 1989 Supplement, Section 469.177,
Subdivision 10, as amended by Laws of
Minnesota" 1990, Chapter 604, Article 7,
Section 24 (a copy of which is attached hereto
as E�chibit B) .
2. �tecitals.
(aj In certain cases, the Subdivision
either requires or allows by agreement certain
tax increments attributable to school district
referendum tax levies to be paid to school
districts.
(b) TIF District Nos. 5, 7, 9, 10, and
11 are located entirely within the boundaries
of the School District, and a portion of TIF
District No. 3 is located within the
boundaries of the School District.
(cj None of the property within TIF
District Nos. l, 2, 4, 6, and 8 i.s located
within the boundaries of the School District.
{d) It is the purpose of this Agreement
to provide for payment of cer.tain tax
increments to the School District pursuant to
�a
�:
9706
and in accordance with the provision of the
Subdivision.
(e) Nothing in this Agreement is
intended to violate the covenants and
aqreements heretofore made respecting the
application of tax increments from the TIF
Districts pursuant to t}ie Tax Increment
Obligations.
3. Representations of the Ci�tv.
(a) The Tax Increment Obligations were
issued to finance various activities of the
HRA within the Project.
(b) The 1985 Revenue Bonds are not
general obligations of the City or the HRA.
Tax increments from TIF District Nos. 1
through 5 are pledged to the payment of.the
1985 Revenue Bonds, and there are no other
sources of funds pledged to the payment
thereof. The final scheduled prin�ipal
maturity of the 1985 Revenue Bonds is February
1, 1999.
(cj The Limited Revenue Note is not a
general obliqation of the City or the HRA and
is payable solely from tax increments pledged
for such purposes from TiF District No. 6.
(d) The 1985 G.O. Bonds were payable
from tax increments derived from TIF District
Nos. 1 through 6, and the final scheduled
principal maturity of those Bonds was February
1, 2000. However, on February 1, 1990, the
City discharged the 1985 G.O. Bonds by paying
all then outstanding principal thereof and
interest thereon.
(ej The 1986 G.O. Bonds are payable from
tax increments derived from TIF District Nos.
1 through 6, and the final scheduled principal
maturity of those Bonds is February 1, 2000.
However, the City has advance refunded the
1986 G.O. Bonds via the issuance of the 1990
G.O. Bonds, and the City expects pursuant to
said refunding that all of the principal of
3
10C
9706
and interest on the 1986 G.O. Bonds will have
been paid on or before February 2, 1994.
(fj The 1990 G.O. Bonds are payable from
tax increments derived from TIF District Nos.
1, 2, 3, and 6, and the final scheduled
principal maturity of those Bonds is August l,
2009.
(g) Portions of the principal of the
1985 Revenue Bonds, the Limited Revenue Note,
the 1985 G.O. Bonds, and the 1986 G.O. Bonds,
and the 1990 G.O. Bonds were outstanding on
May 1, 1988, and/or are outstanding on the
date of this Agreement. �
4. �epresentations of the School District.
(a) On October 8, 1981, the electorate
of the School District approved a 5.O mill
continuous 2evy first effective for the 1981 ,
payable 1982 property taxes. This levy is �
hereinafter referred to as the N1981 Levy". '
(b) On February 27, 1986, the e2ectorate
of the School District approved a 6.0 mill
continuous levy first effective for the 1986
payable 1987 property taxes. This levy is
hereinafter referred to as the n1986 Levy„.
(c) According to� the Minnesota
Department of Education, for purposes of the
above-mentioned referendum levies the tax
capacity rate equivalents of 5 mills and 6
mills are .05226653 and .06271984,
respectively.
5. Pavment of Tax Increments to School District. The
City and the School District hereby agree that, except as
otherwise provided pursuant to paragraph 6 of this Agreement,
tax increments shall be paid to the School District by the i�2A
as and to the extent received by the HRA, with respect to the
tax increments relating to the 1991 payable 1992 property
taxes, as follows:
(a} TIF District Nos. 9, 10, and 11.
Since TIF District Nos. 9, 10, and 11 were
requested for certification after May 1, 1988,
the Subdivision does not apply to those
4
10D
9T06
Districts, and no tax increments attributable
to the 1981 Levy or the 1986 Levy from those
Districts are payable to the School District.
(b) �'IF District No. 7. Since the 1981
Levy and the 1986 Levy were approved prior to
the date of certification of TIF Oistrict No.
7, the Subdivision does not apply to those
Levies with respect to this District, and no
tax increments attributable to said Levies
from this District are payable �o the School'�
District.
(c) �TF District No. 5. Since the 1981
Levy was approved prior to the date of cert-
ification of TIF District No. 5, the Subdi-
vision does not apply to the 1981 Levy, and no
tax increments attributable to said Levy from
this District are payable to the School
Oistrict. Pursuant to clause b(2j of the
Subdivision, the tax increment from TIF
District No. 5 which is attributable to the
1986 Levy shall be paid to the School
District.
(d) TIF District No. 3. Since the 1981
Levy was approved prior to the date of
certification of TIF District No. 3, the
Subdivision does not apply to the 1981 Levy,
and no tax. increments attributable to said
Levy from this District are payable to the
School District. Pursuant to clause b(2) of
the Subdivision, the tax increment from TIF
District No. 3 which is attributable to the
1986 Levy shall be paid to the School
District.
6. Further Acxreements. .Nothing in this Agreement is
intended or shall be applied in such a manner as to violate
the obligations and covenants made by the City or the HRA in
connection with the Tax Increment Obligations, and to the
extent but only to the extent that the application of the
terms of this Agreement would give rise to a violation of said
obligations and covenants, including without limitation, the
default in the timely and full payment of the Tax Increment
Obligations, the applicable tax increments shall be applied
instead in the manner, but only to the extent necessary, to
avoid such default or other violation of said covenants or
5
10f
obligations. Nothing in this Agreement shall restrict the
City or the HI2A in the exercise of the powers which they may
have relating to the Project or the TIF Districts.
In addition, the City and the School District aqree that
the provisions of paragraph 5 providing for payment of tax
increment to the School District shall be limited to and shall
apply only to such tax increment attributable to the 1991
payable 1992 real estate property taxes, and at the conclusion
of said period, the City and the School District agree to
review the circumstances and to attempt to neqotiate in good
faith such further agreement or aqreements as may be permitted
by law and which are acceptable to both the City and School
District with respect to discretionary payments of such
applicable tax increment to the School District.
IN WITNESS WHEREOF, the City and the School District have
caused this Agreement to be executed by their duly authorized
representatives.
CITY OF FRIDLEY, MINNESOTA
Mayor
City Manager
INDEPENDENT SCHOOL DISTRICT NO. 16
School Board Chair
Superintendent
9T06
6
10F
E}QiIBIT A
Schedule of Tax Increment Financinq Districts
Within Housing and Redevelopment
Project No. 1 of the Fridley HI2A
��F District
1
2
3
4
��
6
7
8
9
10
11
9T06
ame
Center City
Moore Lake
North Area
Johnson Printing/
Skywood Mall
Paschke
Lake Pointe
Winf ield
Shorewood
onan/old Central
Northco Phase III
Osborne Crossings
Certif ication
Date
5/11/79
7/31/81
5/19/82
0
10G
1/20/84
3/15/84
12/24/85
10/22/86
10/24/86
9/7/89
4/10/90
8/9/91
Independent
School
District No.
14
13/14
11/ 16
13/ 14
16
13
16
14
16
16
36
EXHI3IT B
�EC. i:. �:-�E=C:E S:EL::ES �tCC'a �SC� S��?�t'E::�
=ec::c� :5?.?i7, s_�e:c:s=c� 30, °_s a^e -�t� :o :eac:
S_'_'C. ?�. (?n�:Y:\i :O SC:CY•� :Ci �_.-:.:=::�i:'i 1=r: ) (E :.`.t
�:C7�S:C.:S C� :�j5 fL'�`C�V�S�C:I E���f :O ttX ��C'C«t:� i=�t:Cl.:y'
C�S.:�C:S t.:� ��OjEC:S �Ca �:1�C� CEZ:ii=CtL�C7 �ES IE��tS:Ed ,
�t�C�e !!EY S� ZSEB� L�Lv L�t �CCt:Ed i7 a SC�OC� �.=SaSjGL ji1
�.^�C� :'C :C:t:S iL:C f��:C�Ed .:t� LLX CEYLC��j :L�ES CL �:7 � •
l.:CIEIIS� :7 `aEX ClYIICi�f SL:ES 2iiE2 t3:C :LX i1GZE1'-t«� ai.:II:Cl.:tJ •
c:s:r'_ct ��s ce::?fied. . ' .
- (S) (1) i= t}:e:e a:e -a c:::s:a-ci::� bc:,cs ca :'.ay 2. ?rfia,
to ..�ica 3:c:�we:.t f:ca t::e e:str;c� is ple�ced, cr ;i;- if t•`•e
aEf=:e-c.� is f:_rcred Ei:r: :!ay 1; �15E8, a,d :.*.ere E:e :0 3c::cs �
C�iSic'Gl.:y' c�`. i}C t1.:.0 �::8 S£�E:E«C�.3 i5 E�'i7a'CCtCa tt'c� �tIC
iss.Ed �e:c:t Y.ef 2, �eE3, ..__;aj_?r-t=e-_e;ecer.==-� :-t_ta_s��
:=e-:_z-ce=�c=:r-_�:e-Ka�- ::=ectd-a_':�r-::e-�e:�-:=e�-�-=:==e .
c:-__aes-:c-Y=?ca-_-e:e�ea:-=:e»-:=e-e?st==e�-_s-_zee-t=:--rf
C=_"t�==�-C:-f�j- :�C_t_= �~P E::�LCf1.`.f w:'S� t.^.:'�El�f �cf �O
tLC SCtOC� CiS�Z�C� E:� c.�•.C::'t Ca 1.:•Cit �ET� ECL`2� �O t�:t
, 1^C:Er2't t~c� �5 cttF1=L'tc��C t0 �.'.£' 1:C�CLSC 1:1 i::G t2X �
. Ce:ct_:f I2.0 L'S�CEL i:cC ICi°:!'i.C::7.
� (� ?f clatse ;:i-e:_=_e� (1) cees r.ct au�ly, cnez a:�:cvtl
hy a-a�critf �cte ef ;::e 5cre:�s-g hccy cf t1:e uLnic's.nl:ty a-d
�}:e SC�COL �G2Id� t�:2 2:7i�C:l�j� �::5� ��f �O t}%2 SC�iC01 OSStL�C�
tl e�C� :�`. Of :-•CIf.':.2T.t EC�2 � t0 i}2 �T.C:E::.E:�� t::L.t �5
Lt:'1�:;_c°J�E �O tY.e ir.c:ezse :� �42 :cX CL:LCl�f iL�C L':CEL L.`.0
:2i°_:E: CL`1.
�:Y.e a�cLats of t`:e�e ir.cre-e�ts ::ay be expen�ed �::d '
-cst }•e tzeated by t?:e sc!:eel distr?ct in t!:e sa-e �a.^.rer as
prcviced fcr t`e re:•en�es ceri�ed frc� t.*.e referer.�L:a levy
app:cred iy t`e vcters. :.`.e �rovis?c�s of this subdivisic�
�cp?� to p:o=ects fer _y:ci ce:tif?cat?en �:as reqLested �efore.
C1, 2:O 2i:lf n::C�S: 1, �Si�- �ou
n
AGREEMENT
This Agreement is dated as of January 2, 1992, is
by and between the City of Fridley,�Minnesota, and Independent
School District No. 11, and provides as follows:
1. Definitions. As used in this Agreement, the
following terms have the following meanings, respectively:
"Citv" means the City - of Fridley,
Minnesota.
" i�RA" means the Housing and Redevelopment
Authority in and for the City of Fridley,
Minnesota.
"Proj ect" means Redevelopment Proj ect No.
1 established and operated by the HRA pursuant
to Minnesota Statutes, Sections� 469.001
through 469.047.
"1985 Revenue Bonds" means. the HRA's
$4,070,000 Tax Increment Revenue Bonds of
1985, dated May 1, 1985.
"Limited Revenue Note" means the HRA's
$5,603,755.80 Limited Revenue Capital
Appreciation Tax Increment Note, dated
December 20, 1985. � �
"1985 G.O. Bonds" means the City's
$11,550,000 Variable Rate Demand General
Obligation Tax Increment Bonds, Series 1985,
dated December 30, 1985.
"1986 G.O. Bonds" means the City's
$10,045,000 General Obligation Tax Increment
Refunding Bonds, Series 1986, dated as of
August 1, 1986.
"1990 G.O. Bonds" means the City's
$9,485,000 General Obligation Tax Increment
Refunding Bonds of 1990, dated March 1, 1990.
"Tax Increment Obliqations" means the
1985 Revenue Bonds, the Limited Revenue Note,
the 1985 G.O. Bonds, the 1986 G.O. Bonds, the
1990 G.O. Bonds, and any other contractual
obligations of the HRA or the City which were
entered into prior to the date of this
9795
101
Agreement and which commit the use of any tax
increments from the TIF Districts for
specified purposes, projects, or parties.
"�ax Increment Act„ means Minnesota
Statutes, Sections 469.174 through 469.179.
pTI� Districtsn means Tax Increment
. Financing District Nos. 1 through 11 within
the Project. The attached Exhibit A contains
certification dates and other information on
the TIF Districts.
"School District" means Independent
School District No. il, the Anoka School
District.
"Subdivision" means Minnesota Statutes
Second 1989 Supplement, Section 469.177,
Subdivision 10, as amended by Laws of
Minnesota 1990, Chapter 604, Article 7,
Section 24 (a copy of which is attached hereto
as Exhibit B).
2. Recitals.
(a) In certain cases, the Subdivision
either requires or allows by agree�nent certain
tax increments attributable to school district
referendum tax levies to be paid to' school
districts.
(b) A portion of TIF District No. 3 is
located within the boundaries of the School
District.
(c) None of the property within TIF
DistY'1Ct NOS. 1� 2� 4� 5� 6� 7� 8� 9� lOj and
11 is located within the boundaries of the
School District.
(d) It is tY
to provide for
increments to the
and in accordance
Subdivision.
e purpose of this Agreement
payment of certain tax
School District pursuant to
with the provision of the
(ej Nothing in this Agreement is
intended to violate the covenants and
agreements heretofore made respecting the
application of
9705 ��
tax increments from the TIF Districts pursuant to
the Tax Increment Obligations.
3. �epresentations of the Citv.
(aj The Tax Increment Obligations were
issued to finance various activities of the
HRA within the Project.
(bj The 1985 Revenue Bonds are not
qeneral obligations of the City or the HRA.
Tax increments from TIF District Nos. 1
through 5 are pledged to the payment of the
1985 Revenue Bonds, and there are no other
sources of funds pledqed to the payment
thereof. The ginal scheduled principal
maturity of the 1985 Revenue Bonds is February
1, 1999.
(cj The Limited
general obligation of
is payable solely from
for such purposes from
Revenue Note is not a
the City or the HRA•and
� tax increments pledged
�TIF District No. 6.
(d) The 1985 G.O. Bonds were payable
from tax increments derived from TIF District
Nos. 1 through 6, and the final scheduled
principal maturity of thase Bonds was February
1, 2000. However, on February l, 1990, the
City discharged the 1985 G.O. Bonds by paying
all then outstanding principal thereof and
interest thereon.
(e) The 1986 G.O. Bonds are payable from
tax increments derived from TIF District Nos.
1 through 6, and the final scheduled principal
maturity of those Bonds is February 1, 2000.
However, the City has advance refunded the
1986 G.O. Bonds via the issuance of the 1990
G.O. Bonds, and the City expects pursuant to
said refunding that all of the principal of
and interest on the 1986 G.O. Bonds will have
been paid on or before February Z, Z994.
(f) The 1990 G.O.
tax increments derived
1, 2, 3, and 6,
principal maturity
2009.
Bonds are payable from
from TIF District Nos.
e final scheduled
Bonds is August 1,
and th
of those
(g) Portions of the principal of the
1985 Revenue Bonds, the Limited Revenue Note,
9705
1�K
the 1985 G.O. Bonds, and the 1986 G.O. Bonds,
and the 1990 G.O. Bonds were outstanding on
May 1, 1988, and/or are outstanding on the
date of this Agreement.
4. Representations of the School District.
(a) On October 5, 1982, the electorate
of the School District approved a continuous
6.0 mill levy first effective for the 1982
payable 1983 property taxes. This levy is
hereinafter referred to as the „1982 Levy".
(b) On October 6, 1987, the electorate
of the School District approved a 6.0 mill
continuous levy first effective for the 1987
payable 1988 property taxes. This levy is
hereinafter referred to as the H1987 Levyn.
(c) According to the Minnesota
Department of Education, for purposes of the
above-mentioned referendum levies the tax
capacity rate equivalent of 6 mills is
.06999697.
5. Payment of Tax �ncrements to School District. The
City and the School District hereby agree that, except as
otherwise provided pursuant to paragraph 6 of this Agreement,
tax inc.rements shall be paid to the School District by the HRA
as and to the extent received by the HRA, with respect to the
tax increments relating to the 1991 payable 1992 property
taxes, as follows:
TIF District No. 3. Pursuant to clause
b(2) of the Subdivision, the tax increment
from TIF District No. 3 which is attributable
to the 1982 Levy and the 1987 Levy shall be
paid to the School District.
6. Further Aareements. Nothing in this Agreement is
intended or shall be applied in such a manner as to violate
the obligations and covenants made by the City or the HRA in
connection with the Tax Increment Obligations, and to the
extent but only to the extent that the application of the
terms of this Agreement would give rise to a violation of said
obligations and covenants, including without limitation, the
default in the timely and full payment of the Tax Increment
Obligations, the applicable tax increments shall be applied
instead in the manner, but�only to the extent necessary, to
avoid such default or other violation of said covenants or
obligations. Nothing in this Agreement shall restrict the
9705
1�OL
City or the HRA in the exercise of the powers which they may
have relating to the Project or the TIF Districts.
In addition, the City and the Sciiool District aqree that
the provisions of paraqraph 5 providinq for payment of tax
ittcrement to the School District shall be limited to and shall
apply only to such tax increment attributable to the 1991
payable 1992 real estate property taxes, and at the conclusion
of said period, the 'City and the School District agree to
review the circumstances and to attempt to negotiate in good
faith such further agreement or agreements as may be permitted
by law and which are acceptable to both the City and School
District with respect to discretionary payments of such
applicable tax increment to the School District.
IN WZTNESS WHEREOF, the City and the School District have
caused this Agreement tn be executed by their duly authorized
representatives.
CITY OF FRIDLEY, MINNESOTA
Mayor
City Manager
INDEPENDENT SCHOOL DISTRICT NO. 11
School Board Chair
Superintendent
9705
1(�M
�
0
A
EXHIBIT A
Schedule of Tax Increment Financing Districts
Within Housing and Redevelopment
Project No. 1 of the Fridley HI2A
TIF District
1
2
3
4
9705
5
r
8
9
10
11
ame
Center City
Moore Lake
North Area
Johnson Printing/
Skywood Mall
Paschke
Lake Pointe
Winfield
Shorewood
Onan/Old Central
Northco Phase III
Osborne Crossings
10N
Certification
Date
5/11/79
7/31/81
5/19/82
1/20/84
3/15/84
12/24/85
10/22/86
10/24/86
9/7/89
4/10/90
8/9/91
Indegeiident
School
District No.
14
13/14
11/16�
13/ 14
16
13
,
16
14
16
16
16
EXHI�IT B
5ec. �:. �_--esc:a Stat_:ES Stcc:d le-� c-:'?+�-e::,
:EC::c� ::?.'_i7, s_�civ?s:c� 30, '_s aMe ,ce3 ;a :eac:
5_:�. ?:. (: �Y:'.:1? _O SC: tY*. :G� :,:: _: =:��i::S *_=i's • ) (� •.`.•
-:c�:s?c-s c= ;5zs sr�c:�'_s=c� a�=?y :o ttx ?-c:e-.e :: f?-t: ci-Y
c:s::-cts a:d r=c;ee:s .e: -3ic:� ce::f�icat=ca �as :E:_ES:Ed .
�e±c:e Y.ay ?, 3=E8, t.`.st a:e leca:td !a a sc`.oc3 ets:r:e: t�
�;�jC� :::C S'G:E:S }:L`.'C t��:Cttd .:lV LtX CErlGS.f :�:ES �= t7 .
• 3'C:lESL 1:1 :EX CL�C=:f :Z:tS L::t= L�:G :LX �.:CZt =t«: �i� ���� �% '
dis;;:ct �FS ce:tified_ �
(3) (]) ?f t?:e:e are ^a o��tsts-C=^� 3c::cs ca :!�y l, ±tEg� .
:o -5:c� i: c_ewc: t f:ca t�e c:s:ric� ?s �les4td, er :z} 's� t•`•e
SEff:E :CrL':] is a�:scctd afttr '!ay l; �15E8, s: d t3:eze a:e :.o bc-�s `
c::t::�:c::q a: :*e ti�e :`e =t�e:e-c:•� is n:::C�ECr t•`•E: -e:e
iss:ed =efe;e ,v,Ef 2, 1epg, ar-;=j'---��e-r�-e:er.�e..: _r.c:t�=�-;
•::t-:_z-c�;�t-t7-_::e-was-�::•eYe�'-nf:�t-;=e-�a:t-rtcna=--a==e
e:-__-e�-sc-Y=:c::-:-c:e-=-=-_ce�-:: e-e?st::t:-:�-:_te:e=:- =-
�=--=�"t=7'e:":'-i'';:==e:z t•`•e aLt�crity w::st a-: �al?� :�� :o
t`e =c~oel cistz:c� a� awet :t ef i. cztwen� !CL'L�. :o t*e �
i::c:e�e::t t`�t is attri�ut�ble to t�e i:,creast i� :`e tax �
. c�:zcity ra:e Lacer the re_`tre;.c::a.
� (2L Yf c?zc_e f3j-e: �_?e� (1) cces .-.c� aa�ly, cnea �.�:eval
by a-:ajcr:tf �c:e of :::e 5c�ezai:g hccy cf t}:e :..::�ici:a3ity 2'�
tY.e SC~001 �CEId� L�C av:.*.erity �::st �ay ta t�e sc�eol dis:rict
L:1 c=C� :t Of i:-ci� �er.t ECL'L1 t0 ty:C :: C:E:..E+�� t::Lt :5
nttzib:::t�le :o :!:e ir.crease 3a t.`.e ;�x c�:tcit/
:L�C L' :CEf :t<=
referE-c���. �
(c ;te �-o::�ts of t.*.ese ir.cre:nents «.ay be exper.ced a^d
�ust be t:eated by t}:e scl:eol d:strict in t}:e sa-e -a::r.er �s
?zcv:ced fcr tLe re�enLes cerived frca t}e referer.�La levy
app:c�ed ty t::e teters. T`:e provisicns of t'�is sLb.dicis?ca
aFp2y to pzo;ects for �`�?cy cezti'ication �as ze�Lested _efcre.
e�, s:a 2iter ::::c::st 1. 19�9. 10O
AGREEMENT
This Agreement is dated as of January 2, 1992, is
by and between the City of Fridley, Minnesota, and Independent
School District No. 14, and provides as foliows:
9707
1. Definition�s. As used in this Aqreement, the
following terms have the following meanings, respectively:
"Citv" means the City =of Fridley,
Minnesota.
"HRA" means the Housing and Redevelopment
Authority in and for the City of Fridley,
Minnesota.
"Project" means Housing and Redevelopment
Project No. 1 established and operated by the
HRA pursuant to Minnesota Statutes, Sections
469.001 through 469.047.
"1985 Revenue Bonds" means the HRA's
$4,070,000 Tax Increment Revenue 8onds of
1985, dated May 1, 1985. •
"Limited Revenue Note" means the HRA's
$5,603,755.80 Limited Revenue Capital
Appreciation Tax Increment Note, dated
December 20, 1985. �
"1985 G.O. Bonds" means the City's
$].1,550,000 Variable Rate Demand General
Obligation Tax Increment Bonds, Series 1985,
dated December 30, 1985.
"1986 G.O. Bonds" means the City's
$10,045,000 General Obligation Tax Inczement
Refunding Bonds, Series 1986, dated as of
August 1, 1986.
"1990 G.O. Bonds" mean� the City's
$9,485,000 General Obligation Tax Sncrement
Refunding Bonds of 1990, dated March 1, 1990.
"Tax Increment Oblictations" means the
1985 Revenue Bonds, the Limited Revenue Note,
the 1985 G.O. Bonds, the 1986 G.O. Bonds, the
10P
� 9707
1990 G.O. Bonds, and any other contractual
obligations of ttze HRA or the City which were
entered into priar to the date of this
Aqreement and which commit the use of any tax
increments from the TIF Districts for
specified purpases, projects, or parties.
"�ax �ncrement Act" means Minnesota
Statutes, Sections 469.174 through 469.179.
"TIF Districts" means Tax Increment
Financing District Nos. l through 11 within
the Project. The attached Exhibit A contains
certification dates and other information on
the TIF Districts.
"Schaol District" means Independent
School District No. 14, the Fridley School
District. �
NSubdivision" means Minnesota Statutes
Second 1989 Supplement, Section 469.177,
Subdivision 10, as amended by Laws of
Minnesota 1990, Chapter 604, Article 7,
Section_24 (a copy of which is attached hereto
as Exhibit B).
2. Recitals.
(a) In certain cases, the Subdivision
either requires or allows by agreement certain
tax increments attributable to school district
referenduYa tax levies to be paid to school
districts.
(b) TIF District Nos. 1 and 8 are
located entirely within the boundaries of the
School District, and a portion of TIF District
Nos. 2 and 4 are located within the boundaries
of the School.District.
(c) None of the property within TIF
District Nos. 3, 5, 6, 7, 9, 10 and 11 is
located within the boundaries of the School
District.
(d) It is the purpose af this Agreement
to provide for payment of certain tax
increments to the School District pursuant to
2
10Q
9707
and in accordance with the provision of the
Subdivision.
(e) Nothing in this Agreement is
intended to violate the covenants and
agreements heretofore made respecting the
application of tax increments from the TIF
Districts pursuant to the Tax Increment
Obligations.
3. Representations of the Citv,
(a) The Tax Increment Obligations were
issued to finance various activities of the
HRA within the Project.
(bj The 1985 Revenue Bonds are not
general obligations of the City or the HRA.
Tax increments fro�n TIF District Nos. 1
through 5 are pledged to the payment of the
1985 Revenue Bonds�, and there are no other
sources of funds pledged to the payment
thereof. The final scheduled principal
maturity of the 1985 Revenue Bonds is February
l, 1999.
(cj The Limited Revenue Note is not a
general obligation of the City or the HRA and
is payable solely from tax i.ncrements pledged
for such purposes from TIF District No_ 6.
(d) The 1985 G.O. Bonds were payable
from tax increments derived from TIF District
Nos. 1 through 6, and the final scheduled
principal maturity of those Bonds was February
1, 2000. However, on February 1, 1990, the
City discharqed the 1985 G.O. Bonds by paying
all then outstanding principal thereof and
interest thereon.
(e) The 1986 G.O. Bonds are payable from
tax increments derived from TIF District Nos.
1 through 6, and the final scheduled principal
maturity of those Bonds is February 1, 2000.
However, the City has advance refunded the
1986 G.O. Bonds via the issuance of the 1990
G.O. Bonds, and the City expects pursuant to
said refunding that all of the principal of
3
10R
9707
and interest on the i986 G.O. Bonds will have
been paid on or before February 1, 1994.
(f) The 1990 G.O. Bonds are payable from
tax increments derived from TIF District Nos.
1, 2, 3, and 6, and the final scheduled
principal maturity of those Bonds is August 1,
2009. •
(qj Portions of the principal of the
1985 Revenue Bonds, the Limited Revenue Note,
the 1985 G.O. Bonds, and the 1986 G.O. Bonds,
and the 1990 G.O. Bonds were outstandinq on
May 1, 1988, and/or are outstanding on the
date of this Agreement.
4. �tearesentations of the School District.
(a) On September 23, 1986, the
electorate of the School District approved a
2.0 mill continuous levy first effective for
the 1986 payab2e 1987 property taxes. This
levy is hereinafter referred to as the "1986
����
(b) On September 29, 1987, the
electorate of the School District approved (i)
a 7.0 mill continuous levy first effective for
the 1987 payable 1988 property taxes and (ii)
a continuous additiona2 6.5 �ill levy first
effective for the 1988 payable 1989 property
taxes. These levies are hereinafter
collectively referred to as the "1987 Levies".
(c) According to the Minnesota
Department of Education, for purposes of the
above-mentioned referendum levies the tax.
capacity rate equivalents of 2 mills and 13.5
mills are .02261395 and� .15264411,
respectively.
5. Pavment of Tax Increments to Schoal District. The
City and the School District hereby agree that, except as
otherwise provided pursuant to paragraph 6 of this Agreement,
tax increments shall be paid to the School District by the HRA
as and to the extent received by the HRA, with respec� to the
tax increments relating to the 1991 payable 1992 property
taxes, as follows:
4
10S
9707
(a) �IF District No. 8. Since the 1987
Levies were approved after the date of
certification of TIF District No. 8, and since
on May 1, 1988, there were no bonds
outstandinq to which increment from TIF
District No. 8 was pledged, the tax increments
from TIF District No. 8 which are attributable
to the 1987 Lev,ies are automatically payable
and shall be paid to the School District
pursuant to clause b(1) of the Subdivision.
Since the 1986 Levy was approved.prior to the
date of certification of TIF District No. � 8,
the Subdivision does not apply to that Levy
with respect to this District, and no tax
increments attributable to said Levy from this
District are payable to the School District.
(b) TIF District No. 4. Pursuant to
clause b(2) of the Subdivision, the tax
increment from TIF District No. 4 which is
attributable to the 1986 Levy and the 1987
Levies shall be paid to the School District.
(c) TIF District Na. 2. Pursuant to
clause b(2) of the Subdivision, the tax
increment from TIF District No. 2 which is
attributable to the 1986 Levy and the 1987
Levies shall be paid to the School District.
(dj TIF District No. 1. Pursuant to
clause b{2) of the Subdivision, the tax
increment from TIF District No. 1 which is
attributable ta the 198b Levy and the 198'�
Levies shall be paid to the School District.
6. Further Agreements. Nothing in this Agreement is
intended or shall be applied i�n such a manner as to violate
the obligations and covenants made by the City or the HRA in
connection with the Tax Increment Obligations, and to the
extent but only to the extent that the application of the
terms of this Agreement would give rise to a violation of said
obligations and covenants, including without limitation, the
default in the timely and full payment of the Tax Increment
Obligations, the applicable tax increments shall be applied
instead in the manner, but only to the extent necessary, to
avoid such default or other violation of said covenants or
obligations. Nothing in this Agreement shall restrict the
City or the HRA in the exercise of the powers which they may
have relating to the Project or the TIF Districts.
�
10T
In addition, the City and the School District agree that,
except in each case described in paragraph 5 of this Aqreement
where payment of tax increment to the School District is
mandatory pursuant to clause b(1j of the Subdivision, all
other provisions of said paraqraph 5 providing for payment of
tax increment to the School District shall be limited to and
shall apply only to such tax increment attributable to the
1991 payable 1992 real estate property taxes, and at the
conclusion of said period, the City and the School District
agree to review the circumstances and to attempt to negotiate
in good faith such further agreement_or agreements as may be
permitted by law and which are acceptalile to both the City and
School District with respect to discretionary payments oi such
applicable tax increment to the School District.
IN WITNESS WHEREOF, the City and the School District have
caused this Agreement to be executed by their duly authorized
representatives.
CTTY OF FRIDLEY, MINNESOTA
Mayor �
City Manager
INDEPENDENT SCHOOL DISTRICT NO. 14
School Board Chair
Superintendent
9707
6
10U
�
EXHIBIT A
Schedule of Tax Increment Financinq Distri�ts
Within Housing and Redevelopment
Project No. 1 of the Fridley HRA
TIF District
1
2
3
4
5
6
7
8
9
10
11
9707
Name
Center City
Moore Lake
North Area
Johnson Printing/
Skywood Mall
Paschke
Lake Pointe
Winfield
Shorewood
Onan/Old Central
Northco Phase III
Osborne Crossings
7
Certification
Date
5/11/79
7/31/81
5/19/82 .
10V
1/20/84
3/15/84
12/24/85
10/22/86
1Oj24/86
9/7/89
4/1Oj90
8/9 f 91
Indepe.ndent
School
District No.
14
13/14
11%16
13/14
16
13
16
14
16
E��
F��
EXHIBIT 3
StC. i:. v?"ESC:3 S:L�_:ES StCL�d ltt� ��. �?E�.E::�
sEC:`_c� :5?.2i7, s-�c:cis:ca 30. :s a�e �ce3 :o :ea�:
�_�=. ?.. (: i`_':!c�= .=0 SC: C�.''L :Ci �__ _ s:•�i::�S 1='vz, j SE :`•
-:c
vi=°_c-s c_ t'�=s sL�c'_�:='-c� a:_?p :o t�x =:c:e �t: L f3-t: ci-y
C_S:::C:S t.:b ��C�EC:S �CZ �:��C:'� CE:.�i1C�:�t:1 tf5 SEi�ESLEd , .
�ZfC:t �8Y ?� �LtS� :�LL L�C �CCE:Ed i:l II SC�OCS CL=i:f.C: �:1
-•::1C:1 :iQ YC:E:S i LSC E��:C�Ed «E:i �2X CE�LC�:f :2:E5 C! t.7 ' •
• 1'C:tES! -:1 :tX Ct:EC1:f :L:ES E:�E: L}:G :tX 1�C:E: tT.� �'=•='�-%Gi =9 •
e:st::c: ��s cez:"sfitd_ •
- t_1 tl) Z� t::e:e t:e -o c:::s:a: C?::q bc��s ca :!ny 1. 1ecg, .
:o -5jca i:r:ewer.t f:ca t.`.e c:str=c: 'ss p?ecced, or ;c'- if t•`•t
:ef=:e-c�� :s t__sc�td af:cr :!ay l: �1`f8. n:d t}eie a:e r.o bc-�s _ -.
c::;s:� :c?: g at :"e t:�e :::e s�?eze :c�::z :s t; �:ec�d, t`Et =;eze
�SS::EC �ttCl� vE� 1� 1CC8� Z�-�%i-._-:�G-:GCtCt'.Lt.» _'.C:t__' �
��o-.�z-ce_�c=:r-_ate-YS�- =_re�r�d-a'_:e:-=�e-roa;-:tceat-==a=e '
c=-__..:s-:a-�=:c�-_-c:e-t-�-=re�-:�e-e::t:?c=-j�-:-te;ce:----
CC..__..-{�j-CL�{C1-`��=-�2? ��:8 EL`iLCI1�f w::5� 8::.:�211� �2f t0
L~C SCtCGti QISit:cC� �7 �»CL`: t Ci l.:•CIt:+�ETi� ECL'LZ LO L�:C
. i: c:e �e^t i`at is attri�utable to :::e i::crease ia :�e tax �
. c�pacity ra�e cncer t?:e ze:gzer.c�a.
� (2 if c�aL�e ;?j-e::=:e� (1) cces :et ap�ly, c?�� ��:=0��1
• by a-ajcr?ty �o�e ef �.`.e 5c�e:�i: g bccy cf tte .�.::aici_alitf e: d
. t}:e sc':ooi �card, t':e zv�}er'sty �::st :aY �a t':e scheol district
aa z-.e�^t of ::�crE �er.t eccal to t*e :r.c:e-.e�t t`tt :s
LLiI_�::tcS�C LO L�e 1T.C:ease ia :.`•e :cX CcLLCl�f Z2�C L' :CCf L:C
refe:e-c=�.
(c :re tr..oLr.ts of t!:ese _::c:e-eats r..ay be exper,ced a�d
�LSt �e t:eated by :.}:e school dist:ict in t?:e sa-e ^aar.e: as
�rc�'_ced.fcr L`e re�en::es cezi:ed frca t!:e referer.�ra levf
app:c�ed �y t�e �ciers. �`:e pre�is:c:s oF this sebdivisica
aFp3y to �:o;ects fer -'�=c'� certiF_catic� �as ree::ested �efere,
e�, e-d a!:e[ �cc::s: 1,~15�9• '14U/
■�
This Agreement is
by and between the Cit
School District No. 13,
9708
AGREEMENT
dated as of January 2, 1992, is
y of Fridley, Minnesota, and Independent
and orovides as follows:
l. Definitions. As used in this Aqreement, the
following terms have the following meanings, respectively:
"Citv" means the City = of Fridley,
Minnesota.
" i�RA" means the Housing and Redevelopment
Authority in and for the City of Fridley,
Minnesota.
"Proiect" means Redevelopment Project
No. 1 established and operated by the HI2A
pursuant to Minnesota Statutes, Sections
469:001 through 469.047.
"1985 Revenue Bonds" means the HRA's
$4,070,000 Tax Increment Revenue Bonds of
1985, dated May l, 1985.
"Limited Revenue Note" means the HRA's
$5,603,755.80 Limited Revenue Capital
Appreciation Tax Increment Note, dated
December 20, 1985. �
"1985 G.O. Bonds" means the City's
$1i,550,000 Variable Rate Demand General
Obligation Tax Increment Bonds, Series 1985,
dated December 30, 1985.
"1986 G.O. Bonds" means the City's
$10,045,000 General Obligation Tax Increment
Refunding Bonds, Series 1986, dated as of
August l, 1986.
"1990 G.O. Bonds" means the City's
$9,485,000 General Obligation Tax Increment
Refunding Bonds of 1990, dated March l, 1990.
"Tax Increment Obligations" means the
1985 Revenue Bonds, the Limited Revenue Note,
the 1985 G.O. Bonds, the 1986 G.O. Bonds, the
10X
9708
1990 G.O. Bonds, and any other contractual
obligations of the HRA or the City which were
entered into prior to the date of this
Agreement and which commit the use of any tax
increments from the TIF Districts for
specified purposes, projects, or parties.
„Tax Tncrement Act" means Minnesota
Statutes, Sections 469.174 through 469.179.
"TIF Districtsn means Tax Increment
Financing District Nos. 1 through 11 within
the Project. The attached Exhibit A contains
certification dates and other information on
the TIF Districts.
"School District" means Independent
School District No. 13, the Columbia Heights
School District.
"Subdivision" means Minnesota Statutes
Second 1989 Supplement, Section 469.177,
Subdivision 10, as amended by Laws of
Minnesota 1990, Chapter 604, Article 7,
Section 24 (a copy of which is attached hereto
as Exhibit. B) .
2. Recitals.
(a) In certain cases, the Subdivision
either requires or allows by agreement certain
tax increments attributable to school district
referendum tax levies to be paid to school
districts.
(b) TIF District No. 6 is located
entirely within the boundaries of the School
District, and a portion of TIF District Nos. 2
and 4 are located within the boundaries of the
School District.'
(c) None of the property within TIF
District Nos. 1, 3, 5, 7, 8, 9, 10 and 11 is
located within the boundaries of the School
District.
(d) It is the purpose of this Agreement
to provide for payment of certain tax
increments to the School District pursuant to
2
10Y
9708
and in accordance with the provision of the
Subdivision.
(e) Nothing in this Agreement is
intended to violate the covenants and
agreements heretofore made respecting the
application of tax increments from the TIF
Districts pursuant to the Tax Increment
Obligations.
3. Representations of the Citv. -
(a) The Tax Increment Obligations were
issued to finance various activities of the
HRA within the Project.
(b) The 1985 Revenue Bonds are not
general obligations of the City or the HRA.
Tax increments from TIF District Nos. 1
through 5 are pledged to the payment of the
1985 Revenue Bonds, and there are no other
sources of funds pledged to the payment
thereof. The final scheduled principal
maturity of the 1985 Revenue Bonds is February
l, 1999.
ts
(c) The Limited Revenue Note is not a
general obligation of the City or the HRA and
is payable solely from tax increments pledged
for such purposes from TIF District No. 6.
{d) The 1985 G.O. Bonds were payable
from tax increments derived from TIF District
Nos. 1 through 6, and the final scheduled
principal maturity of those Bonds was February
1, 2000. However, on February 1, 1990, the
City discharged the 1985 G.O. Bonds by paying
all then outstanding principal thereof and
interest thereon.
(e) The 1986 G.O. Bonds are payable from
tax increments derived from TIF District Nos.
1 through 6, and the final scheduled principal
maturity of those Bonds is February 1, 2000.
However, the City has advance refunded the
1986 G.O. Bonds via the issuance of the 1990
G.O. Bonds, and the City expects pursuant to
said refunding that all of the principal of
3
10Z
9708
and interest on the 1986 G.O. Bonds will have
been paid on or before February 1, 1994.
(f) The 1990 G.O. Bonds are payable from
tax increments derived from TIF District Nos.
1, 2, 3, and 6, and the final scheduled
principal maturity of those Bonds is August l,
2009. �
(g) Portions of the principal of the
1985 Revenue Bonds, the Limited Revenue Note,
the 1985 G.O. Bonds, and the 1986 G.O. Bonds,
and the 1990 G.O. Bonds were outstanding on
May 1, 1988, and/or are outstandinq on the
date of this Agreement.
4. Representations of the �chool District.
(a) On October 5, 1981, the electorate
of the School District approved a 5.0 mill
continuous levy first effective for the 1981
payable 1982 property taxes. This levy is
hereinafter referred to as the "1981 Levy".
(b) On September 23, 1986, the
electorate of the School District approved a
7.0 mill continuous levy first effective for
- the 1986 payable 1987 property taxes. This
levy is hereinafter referred to as the "1986
���� .
(cj According to the Minnesota
Department of Education, for purposes of the
above-mentioned referendum levies the� tax
capacity rate equivalents of 5 mills and 7
mills are .06162496 and .07875910,
respectively.
(d) On November 6, 1990, the electorate of
the School District approved a.08 tax capacity
rate levy authorized for 7 years and first
effective for the 1990 payable 1991 property taxes.
This levy is hereinafter referred to as the "1990
Levy �� .
5. Pavment of Tax Increments to School District. The
City and the School District hereby agree that, except as
otherwise provided pursuant to paragraph 6 of this Agreement,
tax increments shall be paid to the School District by the HRA
4
10AA
9708
as and to the extent received by the HRA, with respect to the
tax increments relating to the 1991 payable 1992 property
taxes, as follows:
(a) TIF District No. 6. Since the 1981
Levy was approved before the date of
certification of TIF District No. 6, the
Subdivision does not apply to that Levy with
respect to this District, and no tax
increments attributable to said Levy from this
District are payable to the School District.
Pursuant to clause b(2) oi the�Subdivision,
the tax increment from TIF District No. 6
which is attributable to the 1986 Levy and the
1990 Levy shall be paid to the School
District.
(b) TIF District No. 4. Since the 1981
Levy was approved prior to the date of
certification of TIF District No. 4, the
Subdivision does not apply to that Levy with
respect to this District. Pursuant to clause
b(2) of the Subdivision, the tax increment
from TIF District No. 4 which is attributable
to the 1986 Levy and the 1990 Levy shall be
paid to the School District,
(c) TIF District No. 2. Pursuant to
clause b(2) of the Subdivision, the tax
increment from TIF District No. 2 which is
attributable to the 1981 Levy, the 1986 Levy,
and the 1990 Levy shall be paid to the School
District.
6. Further AQreements. Nothing in this Agreement is
intended or shall be applied in such a manner as to violate
the obligations and covenants made by the City or the HRA in
connection with the Tax Increment Obligations, and to the
extent but only to the extent that the application of the
terms of this Agreement would give rise to a violation of said
obligations and covenants, including without limitation, the
default �in the timely and full payment of the Tax Increment
obligations, the applicable tax increments shall be applied
instead in the manner, but only to the extent necessary, to
avoid such default or other violation of said covenants or
obligations. Nothing in this Agreement shall restrict the
City or the HRA in the exercise of the powers which they may
have relating to the Project or the TIF Districts.
5
1 : �
In addition, the City and the School District e tr f ttax
the provisions of paragraph 5 providinq for paym
increment to the School District shall be limited to and shall
apply only to such tax increment attributable to the 1991
payable 1992 real estate property taxes, and at the conclusion
of said period, the City and the School District aqree to
review the circumstances and to attempt to neqotiate in good
faith such further agreement or agreements as may be permitted
by law and which are acceptable to both the City and School
District wi�h respect to discretionary payments of such
applicable tax increm�nt to the School District.
IN WITNESS WIiEREOF, the City and the School District have
caused this Agreement to be executed by their duly authorized
representatives.
CITY OF FRIDLEY, MINNESOTA
Mayor
City Manager �___
INDEPENDENT SCHOOL DISTRICT NO. 13
School Board Chair
Superintendent �
9708
6
10CC
�
EXHIBIT A
Schedule of Tax Increment Financing Districts
Within Housing and Redevelopment
Project No. 1 of the Fridley HRA
TIF District
1
2
3
4
5
6
7
8
9
10
11
ame
Center City
Moore Lake
North Area
Johnson Printing/
Skywood Mall
Paschke
Lake Pointe
Winfield
Shorewood
onan/old Central
Northco Phase III
osborne Crossings
9708
7
Certification
Date
5/11/79
7/31/81
5/19/82
10DD
1/20/84
3/15/84
12/24/85
10/22/86
10/24/86
9/7/89
4/10/90
8/9/91
Independent
School
�District No.
14
13/14
11/16
13/14
16
13
16
14
16
16
16
EXHIBIT B
Sec. �:. �?--esc:a S:tt::ts SECC:d 2t=9 5_=='t�t:;,
SEC:°_C� ::?.�i7� 5_�C.�:S:C7 i0• �S EMt�CE7 :O �tE�1
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.L.tFC:e ':EV �� ?=�8� .:2� E:e ?Ctt:td =1 a SC«oC? Q?S:i=t� =:1
_�:C� :z� :'C:ESS �L'.'� E�_:C.Ed .:EL/ 22X C2:LCi.� :�:f5 GL !:1 ' '
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by a r.:a;critf cete ef :::� 5c�e:�i :q �ecy ef :::e :::�1ci;a3itf t: d
t}:e sc`ool '�card, t`e a::�.`.erity �::s� =aY to t:e sc :eol a=st:ict
c:1 ��C:: :� Cf .:{ZE�E; t EC1'21 t0 :Le _.'.C:E-.E :L :::Lt 25
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:efe:e: c��.
(� :?�e ��oLats cf t::ese zr.cse-eats -ay te exper.�ed a.^.d
�ust be treated �y t}e sc}eo1 cistrict in t':e sa-e ^aar.er as
?rc•�?ced °cr t`e re�e::Les ceri�ed frca t!:e referer.Zta levy
app:c.ed ty t::e tcters. :`:e previs?c:s of t`�is schdivis?oa
z�?l� to g:o=ects for L'�=�:� ce:t:'°_catien uas reeLested !-efore,
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FINANCE DEPARTMENT
�
�
MEMORANDUM
TO:
WILLIAM N. BIIRNS, CITY MANAGER v'�
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SIIBJECT: "A�� FRAME LEASE - SCHOOL DISTRICT NO. 14
DATE: September 25, 1991 �
School District #14 would like to renew the lease for the "A" Frame
building located at North Innsbruck Park, Arthur Street. The lease
would include the same terms as the agreement dated September 10,
1990. The lease will run from September 1, 1991 through May 31,
1992.
If you have any questions concerning this matter, please let me
know.
RDP/me
Attachment
11
AGREEMENT OF LEASE
This agreement, made this day of , 1991, by and
between the City of Fridley (hereinafter designated as "Lessor")
and Independent School District No. 14, (hereinafter designated as
r'Lessee").
WITNESSETH:
That the Lessor, for and in consideration of the terms,
covenants, rents and conditions, herein mentioned, to be paid and
performed by Lessee, does hereby demise and let on to said Lessee,
and the said Lessee does hereby hire and take from the Lessor the
following described premises situated in the City of Fridley,
County of Anoka, State of Minnesota, to-wit:
The "A" Frame building located at North Innsbruck Park,
Arthur Street, Fridley, Minnesota
To have and to hold the same just as it is, without liability
on the part of the Lessor to make alterations, and improvements or
repairs of any kind in and about the demised premises, except as
and if otherwise set forth herein, beginning September l, 1991
through May 31, 1992;
l. Lessee agrees to and with Lessor to pay Lessor as and for
the rent for the above-mentioned premises monthly installments of
$555 each month, in advance, on the first day of each and every
month during the full term of this Lease at the office of the
Lessor or at such other places as Lessor may in writing designate.
In addition to the rent specified in the preceding paragraph,
11A
Lessee agrees to provide for the cleaning of the building's
interior, the maintenance of the side walks and the upkeep of the
lawn. Further, the Lessee shall promptly pay the costs of all
utilities, including but not limited to, electricity, natural gas,
telephone,m sewer, water and refuse removal.
The Lessor agrees to provide all snow removal for the parking
lot which is immediately adjacent to and which services the demised
property.
2. Lessee shall procure insurance on the contents of the
building during the term of the lease.
3. Lessee covenants and agrees that it will make no
structural change or major alteration without the lessor's consent,
which consent shall not be unreasonably withheld. The Lessee
further covenants that it will promptly pay for any such
alterations, repairs or maintenance ,made to the demised properties
so that no mechanics liens will be filed against the property.
4. Lessee agrees to pay all special requirements for
utilities such as gas, steam, water and electricity. Charges for
such utilities shall be paid by Lessee and in the event such
charges are not paid when due, the same shall constitute a default
hereunder on the part of the Lessee.
5. Lessee agrees that it will not sublet the demised premises
or any part thereof, and will not assign this lease or any other
interest therein.
6. The parties hereto mutually agree that if the demised
premises are partially or totally destroyed by fire, or other
hazards, then Lessor may, but is not obligated to, repair and
11B
restore the demised premises as soon as is reasonably practical,
to substantially the same condition in which the demised premises
were before such damage.
7. Any trade Pixtures, equipment and other property installed
in or attached to the demised premises by or at the expense of the
Lessee shall remain the property of the Lessee and the Lessor
agrees that the Lessee shall have the right at any time and from
time to time to remove and and all of its trade fixtures, equipment
and other property which it may have stored upon or affixed to the
demised premises; provided, however, that in the event of such
removal, Lessee shall restore the premises to substantially the
same condition in which the premises were are the time Lessee took
possession.
8. Lessee agrees to pay to the Lessor on demand, the cost of
any repairs to the premises if such repairs are made necessary by
Lessee's misuse or negligence, or the misuses or negligence of
Lessee's guests. Lessee agrees to make the aforementioned payment
no later than the first day of the month following notification
from the Lessor of the Lessee's responsibility for this payment.
9. The Lessee agrees to promptly notify the Lessor of any
dangerous conditions in the premises provided by the Lessor.
10. The Lessee agrees to vacate the premises on or before the
termination date of this Lease or any renewal or extension as
prvvided by this Lease. If the Lessee fails to vacate on or before
the required date, he shall be liable to the Lessor for any and all
losses incurred by the Lessor as a result of such failure. Upon
vacating, the Lessee agrees to leave the premises in the condition
11C
at the commencement of the tenancy, ordinary wear and tear
excepted.
11. Lessor shall at all times have the right to enter upon
said premises to inspect their condition and at his election to
make reasonable and necessary repairs thereon for the protection
and preservation thereof, but nothing herein shall be construed to
require the Lessor to make such repairs, and the Lessor to make
such repairs, and the Lessar shall not be liable to the Lessee for
failure or delay in making such repairs, or for damage or injury
to persons or property caused in or by the making of such repairs,
or the doping of such work.
12. If the Lessee shall make default in any covenant or
agreement to be performed by it and if after written notice from
Lessor to Lessee, such default shall continue for a period of five
(5) days or if the leasehold interest of the Lessee shall be taken
on execution or other process of law, or if the Lessee shall
petition to be or be declared bankrupt or insolvent according to
law, then, and in any of said cases, the Lessor may immediately or
at any time thereafter, without further notice or demand, enter
into and upon said premises or any part thereof and take absolute
possession of the same fully and absolutely without such re-entry
working a forfeiture of the rents to be paid and the covenants to
be performed by the Lessee for the full term of this Lease and at
Lessor's election, Lessor may either lease or sublet such premises
or any part thereof on such terms and conditions and for such rents
and for such time as the Lessor may reasonable elect and after
crediting the rent actually collected by the Lessor from such re-
11D
letting, the Lessee, its respective heirs, legal representatives,
successors and assigns, and interests shall be liable to the Lessor
for any balance remaining due on the rent or reserved under this
lease, or the Lessor may at his option, declare this Lease
forfeited and may take full and absolute possession of said
premises free from any subsequent rights of the Lessee.
That in the event of default by the Lessee, Lessee shall
compensate the Lessor for all reasonable attorney's fees, expenses
and costs incurred by the Lessor in either reacquiring possession
of the property or for bringing an action for recovery of unpaid
rent.
In the event that the Lessee vacates the premises and defaults
in any of the terms of this Lease without giving formal notice of
termination of the Lease, the Lessor has a right to reenter and
take possession of the premises.
13. Wherein in this Lease it shall be required or permitted
that notice or demand be given or served by either party to this
Lease to or on the other, such notice or demand shall be given or
served and shall not be deemed to have been given or served unless
in writing and forwarded by mail addressed as follows:
To the Lessor:
Fridley City Manager
Fridley City Hall
6431 University Avenue N.E.
Fridley, Minnesota 55432
To the Lessee:
Independent School District No. 14
6000 West Moore Lake Drive
Fridley, Minnesota 55432
11E
Such addresses may be changed from time-to-time by either
party by service of notice as above provided.
14. The Lessor and the Lessee agree that all of the provisions
hereof are to be construed as covenants and agreements.
15. Where appropriate, singular terms include the plural, and
pronouns of one gender include both genders.
16. In the event that non-public-funds are terminated or
significantly reduced which causes one program to prematurely
close, the Lessee shall notify the Lessor and shall be allowed to
terminate the lease within thirty (30) days due to the lack of
funds.
IN WITNESS WHEREOF, the Lessor and Lessee have caused their
respective names to subscribed to this Lease on the day
of , 1991.
LESSORS: City of Fridley
BY:
William J. Nee
ITS Mayor
LESSEE: INDEPENDENT SCHOOL DISTRICT NO. 14
BY:
Dennis E. Rens
ITS Superintendent
��F
Engineering
Sewer
Water
Parks
Streets
Maintenance
MEMORANDUM
TO: William W. Burns, City Manager �:'-' PW91-288
FROM: John G. Flora,�Public Works Director
DATE: September 26, 1991
SUBJECT: Menards Waterline
In response to the letter we received from Bill Payne of the
Menards Company on September 12, 1991, I sent him a proposal
requesting easements on the Menards property. The first easement
was for the existing sanitary line running behind and on the south
side of their property. The second proposal was a widening of that
easement in order to provide for a 12-inch waterline to be placed
behind their store and as an alternate, a request for a 30-foot
easement in the front of their store through the parking lot in
order to provide for the waterline extension. I have attempted to
contact Mr. Payne a number of times since the letter of September
19, 1991, but have not been successful.
As an alternative to eliminating the dead end loop and providing
for necessary water flow and pressure to the commercial development
in that area, we have investigated some alternative proposals.
The original proposal was to extend the line behind the Menards
store through their storage area, behind the Skywood Motel and
looping the waterline on 52nd Avenue. This project was bid at
$78,570.00. This does not include the current easement demand that
Menards has suggested of $10,000.00.
As an alternative, we attempted to provide for a 12-inch waterline
through the Menards parking lot and extended into the existing
utility easement in front of the Skywood Motel and connecting
before 52nd Avenue. This is estimated at $63,000.00. It appears
that Menards will not provide us the necessary easement, but if
they did, I expect a claim for at least $20,000.00.
Since we have not been able to deal with Menards in obtaining
easements, we have looked at what right-of-way and easements are
available and found that we can place a waterline along the Cheri
Lane right-of-way then up 53rd Avenue to the existing Skywood
/
�
CfiYOF
FRIDL.EI(
12
Page Two - PW91-288
utility easement and down the utility easement to provide for the
loop system. This alternative is strictly within available right-
of-way and would allow us to install a fire hydrant near the
intersection of the Ground Round, provide for connecting the
existing two fire hydrants in front of the Skywood Shopping Center
to the 12-inch line and the placement of a hydrant on 52nd Avenue
behind the motel to provide for fire protection as well as drainage
and flow on the end of the system. The project requires excavating
a portion of Cheri Lane and therefore it is proposed that concrete
curb be installed for that portion of the improvement project and
the Cheri Lane service road can be repaved for increased benefit
in that area. The approximate costs for the waterline improvements
is $72,000.00 and an additional $7,000.00 for the street upgrade.
As an option to the waterline extension, we did investigate the
possibility of installing pressure reducing valves at the junction
of the intermediate and high level water systems on 52nd Avenue.
This would require construction of a large pit containing various
valves and pressure reducers. Estimated cost would be $35,000.
While this is feasible, it is not a fail-safe system as experience
has proven pressure reducing valves have a tendency to stick and
fail, which could result in draining the high level system
reservoir thereby eliminating fire protection and pressure to that
area. Accordingly, we do not favor this option.
The Skywood Lane Waterline Extension Project No. 220 includes
I-694 feeder line water connection and the Menards line.
latest contract award date is October 6, 1991. Since this is
last Council meeting prior to that date, we would recommend
City Council award the contract to Northdale Construction at
bid price of $108,632.00 and authorize a change order to
contract for $ S; d'7S ; a� to incorporate the relocation of
Menards line along the Cheri Lane right-of-way.
In the 1990 Capital Improvement Pro,gram,
for this work. Since the project was no
year, it was carried over to 1991.
JGF/ts
12A
the
The
the
the
the
the
the
$150,000.00 was identified
t able to be completed that
i�
BID PROPOSALS FOR
SRYWOOD LANE WATER EXTENSION PROJECT NO. 220
WEDNESDAY, AUGUST 7, 1991 13:00 A.M.
BID TOTAL
PLANH�LDER BOND BID COMMENTS
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
$103,832.00
5% $123,466.91
$117,138.91
5%
0
5%
0
$124,645.80
$117,445.80
$125,309.05
$124,909.05
5% $130,582.02
$121,482.02
5% I$141,929.50
$137,029.50
5% I$145,348.65
$141,828.65
American Ductile Iron Pipe
12112 Lynn Ave S
PO Box 278 NO BID
Savage MN 55378-0278
CCS Contracting
1399 10th St NW #304
New Brighton MN 55112
Hydro-Con
PO Box 129
North Branch MN 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
12B
Ju�e 1. y 990
'"��`':::' 1990
CAPITAL IMPROVEMENT PROGRAM
PROJECT AREA
'1��11�.:1
63RD AVENUE BOOSTER PUMP
6TfH AVE./OAKLEY WATERLOOP
DESIGN 8� LOCATE WELL #14
DESIGN 800STER STA.-WELL #12
ELEVATED WATER TANK
GROUND WATER INVESTIGATION
REPAIR OF 3 MG RES., PH !!
SKYWOOD IANE FEEDER LINE
UPGRADE WELL NO. 12
WELL REPAIR�, 5 & 10
WATER UTit_(TY
WATER UTIL.ITY
WATER UTIUTY
WATER UTIUTY
WATER UTIUTY
WATER UTIL.ITY
WATEA UTlUTY
WATER UTIIITY
WATER UTf UTY
WATER UTILITY
TOTAL PROJECT FOR 1990
12C
75,Q00.00
13,000.00
19,515.00
27,479.00
1,313,886.00
25,000.00
289,000.00
150,000.00
13,000.00
54,114.00
1.979.994.00
13
14
15
�
�
FOR CONCURRENCE BY THE CITY COUNCIL
GAS ..�ERVICES
Fredrickson Htg & A/C Inc.
3650 Kennebec Dr
Eagan, MN 55122
GENERAL CONTRACTOR
Elcon Inc.
8794 Alexander Rd
Batavia, New York 14020
Kranz D J Co Inc
2033 West Broadway
Minneapolis MN 55411
Lantis Construction Inc
8570 Darnel Rd
Eden Prairie, MN 55347
Madison Inc.
8500 New Sapulpa Rd
Tulsa OK 74131
Reliable Builders Inc.
3745 Drexel Court
Eagan MN 55123
HEATING
Fredrickson Htg & A/C Inc.
3650 Kennebec Dr
Eagan, MN 55122
Hatton and Rowe Inc
2126 2nd Ave
Anoka MN 55303
Northwest Sheetmetal Co
2136 Wabash Ave
St Paul MN 55114
Sweeney, Jim Service
23117 Durant St
East Bethel, MN QOS
Geo Fredrickson
Ed Leising
Lawrence Elsen
Bruce Holten
John Fidzuilson
Scott Holm
Geo Fredrickson
David Rowe
Rodney Albers
Jim Sweeney .
15A
LICENSES
CLYDE WILEY
Bldg/Mech Insp
DARREL CLARK
Chief Bldg Ofcl
Same
Same
Same
Same
CLYDE WILEY
Bidg/Mech Insp
Same
Same
Same
�
MASUNRY
Mrozik Construction Inc
10604 Radisson Rd
Blaine, MN 55434
PLUMBING
Custom Plumbing Inc.
12711 Hilloway Rd
Minnetonka, MN 55343
Marty Bros
9436 Quaker Ln
Osseo MN 55369
State Mechanical Inc
5050 W 220th St
Farmington MN 55024
Jack Tucci
Ted Linden
Ralph Mariy
Marv Heintz
15B
DARREL CLARK
Chief Bldg Ofc1
STATE OF MINN
Same
Same
15C
�
�
OWNER
FOR CONCURRENCE BY THE CITY COUNCIL
September 30, 1991
LOCATION OF BUILDING
DUPLEXES & SINGLE FAMILY DWELLINGS:
DONALD FINDELL
APARTMENT MGMT PLUS
n
JUDITH RICKHOFF
ARNOLD ASPENSON
R. SNIITH & J. WEBER
WILLARD GUIMONT
JOHN BLAHOSKI
HAR-WILL INC
MULTIPLE DWELLINGS:
J. THOMAS & M. KOLODJSKI
MORTIMER 5TURDEVANT
JASON SCHUTZ
MARVEY MAYER
PHILLIP WILLSON
GREGG HINZ
DONALD FINDELL
PRITHIPAL & BASH SINGH
MAX PETERSON
RODGER & LA VEARLE CAREY
ALLAN & PAMELA FEHN
NORMA WILLSON
BRUCE HERR.ICK
TOM BLOMBERG
DR. M.B. THURAISINGHAM
DONOVAN & SHARRY ELIAS
n
GURMEET & DALEET GANDHOK
MARK CLASEN
THOMAS & MARGARET BRICKNER
JEROME DOLD
MARK AKBARI
STEVEN CHIES
ROBERT DOVE
J. THOMAS & M. KOLODJSKI
JERRY & BARBARA MCNURLIN
JUDITH RICKHOFF
KENNETH OHNSTAD
GERALD FOSS
TODD FOSTER
6634 CENTRAL AVE
5701 HWY 65
995 LYNDE DR
6008 2ND S'r
6510 2ND ST
6551 2ND ST (90)
5980 3RD ST
105 58TH AVE
415 74TH AVE
6400 ABLE ST
7301-03 ABLE ST
7379-81 ABLE ST
7431-33 ABLE ST
6444 BAKER ST
6600-04 CENTRAL AVE
6640 CENTRAL AVE
7325-27 CENTRAL AVE
7320-22 EVERT CT
7857-61 FIRWOOD WAY
1251-53 HILLWIND RD
401 IRONTON ST
4551 MAIN 5T
4591-93 MAIN ST
5550 MEISTER RD
1240-42 NORTON AVE
1250-52 NORTON AVE
1280-82 NORTON AVE
6345 PIERCE ST
1441-43 RICE CRK RD
6110-14 STAR LN
7398 SYMPHONY ST
7349-51 UNIV AVE
7385-87 UNIV AVE
7 3 8 9 �IAN BUREN ST
5936-38 2ND ST
6001-03 2ND ST
5908-10 4TH ST
5940 4TH ST
5373-75 5TH ST
LICENSES
Page 1
UNITS
10
32
32
4
3
7
4
7
11
1
1
1
1
1
2
1
2
2
2
1
1
1
1
1
2
2
2
2
1
1
1
2
2
1
2
1
1
2
1
FEE
49.00
89.00
ss.00
36.00
36.00
36.00
36.00
36.00
49.00
12.00
12.00
12.00
12.00
12.00
24.00
12.00
12.00
24.00
24.40
12.00
12.00
12.00
12.00
12.00
24.00
24.00
24.00
24.00
12.00
12.00
12.00
24.00
24.00
12.00
24.00
12.00
12.00
24.00
12.00
APPROVED BY R.H. LARSON, FIRE P��TION BUREAU/HOUSING INSPECTOR
�
�
CiTlf OF
fRlDL.EY
OWNER
FOR CONCURRENCE BY THE CITY COUNCIL
September 30, 1991
TED & ELAINE SHIRLEY
n
rr
ROBERT HUBER
THOMAS GLIADON
n
u
KENNETH HAFNER
DARLENE HAFNER
DONALD FTNDELL
WALLACE ROEKER
GARY & THOMAS OBRYCKI
JUGAL AGARWAL
CONDOMINIUM UNITS:
MIKE & JULIE ACHTERKIRCH
ROLAND & BELLE RAE KRUEGER
JAMES & ARLA LAWRENCE
CHERYL COOPER
STEVE & SANDY MACKENTHUN
J. MACK & S. ANTOLAK
MICHAEL & DEBR.A SMIEJA
ADELE & ROGER GORMAN
MAJ. CURT BERO
ROBT. & CHARLENE DANIELSON
PG ASSOCIATES
SCHWIETERS & ASSOC.
KRISTIN CHAMERS
LINDBERG INVESTMENTS
GEORGE & SANDRA SUNDEM
SANDRA ROCCA
CAMAN PROPERTIES
GREGORY LAWRENCE
ROGER & JOANN MOBERG
HOLMQUIST ENTERPRISES
m
LOCATION OF BUILDING
6242-44 5TH ST
6252-54 5TH ST
6272-74 5TH ST
5335-37 6TH ST
5361-63 6TH ST
5371-73 6TH ST
5381-83 6TH ST
5612-I4 6TH ST
5618-20 6TH ST
110 58TH AVE
50-60 63 1/2 WAY
105 71 1/2 WAY
370-72 74TH AVE
LICENSES
Page 2
1601 N INNSBRUCK #108
" #153,356
" #164,215,278,332
" #186
" #206
" #231
" #234
" #237,282,355
" #244
" #263,271
" #266
" #275
" #302
" #308,353,363
" #314
" �317
" #362
" #354
" #365
450 75TH AVE, #1,2,3,4,
6,8,9,7,10
476 75TH AVE, #1,2,3,4,
6,7,8,9,10
UNITS
2
2
2
1
2
2
2
2
2
1
2
1
2
1
2
4
1
1
Z
1
3
1
2
1
1
1
3
1
1
1
1
1
9
�
FEE
24.00
24.00
24.00
12.00
24.00
24.00
24.00
24.00
24.00
12.00
24.00
12.00
24.00
12.00
24.00
36.00
12.00
12.00
12.00
12.00
36.00
12.00
24.00
12.00
12.00
12.00
36.00
12.00
12.00
12.00
12.OD
12.00
49.00
49.00
APPROVED BY R.H. LARSON, FIRE 8�28�ECTION BUREAU/HOUSING INSPECTOR
1 :7 G
i"
� FOR CONCURRENCE BY THE CITY COIINCIL ESTIMATES
fR�IDI.�Y SEPTEMBER 30, 1991 •
Barna, Guzy & Steffen, Ltd.
200 Coon Rapids Blvd.
Suite 400
Minneapolis, MN 55433
Services Rendered as City Attorney
for the Month of August, 1991 . . . . . . . . . $ 13,011.01
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 August, 1991 .....$ 8,805.00
Halvorson Construction
4227 - 165th Avenue N.E.
Anoka, MN 55304
1991 Miscellaneous Concrete Curb, Gutter
& Sidewalk Project
Estimate No. 4 . . . . . . . . . . . . . . . . . $ 9, 418. 39
Rainbow, Inc.
7324 - 36th Avenue North
Minneapolis, MN 55427
.5 MG Water Tank Painting/Altitude
Valve and Vault Installation
Project No. 212
Partial Estimate . . . . . . . . . . . . . . . . $ 151,763.45
LL•�
16A