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12/09/1991 - 5119AGENDA FOR PIIBLIC RBFI3RENCS COIINCIL MEETIN�3 D$C8MB8R 9� 1991 �� FRIDLEY CITY COIINCIL F�� DgCEM88R 9� 1991 PLEDGL OF ALLLGIANCE: APPROVAL OF MINtTTTsB: City Council Meeting of December 2, 1991 ADOPTION OF AGBNDA: OPBN FORIIM, VISITORB: (Consideration of items not on agenda - 15 minutes) PIIBLIC HEARIN(3: For Modification to Redevelopment Project No. 1 and Creation of Tax Increment Financing District No. 12 (McGlynn Bakeries, Inc. ) . . . . . . . . . . . . . . . 1 - 1Z OLD BIISINESSt Resolution Authorizing Construction of a Garage Within a Utility Easement Over the Vacated Alley East of -- Lots 25 and 26, Block 5, Hyde Park (Tabled October 7, 1991� . . . . . . . . . . . . . . 2 - 2H FRIDLEY CITY COONCIL MEETING OF DECEMBER 9, 1991 Paqe 2 NEW BIISINESS: Resolution in Support of an � Application for a Minnesota Lawful Gambling Premise Permit � to the Fridley Jaycees (Joe DiMaggio's) . . . . . . . . . . . . . . . . . . . . . . 3 - 3C Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to the Fridley Jaycees (Sandee's) . . . . . . . . . . . 4 - 4C Resolution Providing for Sewer Rate Increases for 1992 and Thereafter Providing for Annual Increases as Metro Waste Control Commission Charges Change . . . . . . . . . . . . . . . . . . . . 5 - 5B Receive an Item from the Appeals Commission Meeting of November 12, 1991: ....... 6- 6HH A. Variance Request, VAR #91-33, by Steven Hunger, to Allow the � Continued Nonconformance of a Structure when the Necessary Repairs to Upgrade it Constitute More than 50 Percent of the Fair 1Karket Value of a Structure; to Reduce the Minimum Required Lot Area from 7,500 Square Feet to� 7,460 Square Feet; and to Reduce the Required Side Yard Setback from 10 Feet to 4.8 Feet, to Allow the Reconstruction of the Single Family Dwelling on Lots 10 - 12, Block H, Riverview Heights Addition, the Same Being 501 Glencoe Street N.E. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 9, 1991 Page 3 NEW BIISINE88 (CONTINIIED): Approval of Extension of Trailer License � . to RMS Company . . . . . . . . . . . . . . . . . . . . 7 - 7C Approval of Request from Multicare Associates and Health One for ' Limited Parking on Madison Avenue Between Lyric Lane and Osborne Road . . . . . . . . . . 8 - 8E Resolution Adopting the Interim Program of Wetland Regulation . . . . . . . . . . . . 9 - 9G 0 Informal Status Reports . . . . . . . . . . . . . . . . l0 Claims . . . . : . . . . . . . . . . . . . . . . . . . 11 Licenses . . . . . . . . . . . . . . . . . . . . . . 12- 12A Estimates. . . . . . . . . . . . . . . . . . . . . . . . 13 ADJOURNS TH8 MINQTEB OF THS FRIDI,$Y CITY COIINCIL M$STI�Q� OF D$CEMB$R 2, 1991 THS MINIITEB OF TH$ REGIILli1R MEETING OF THE FRIDLSY CITY COIINCIL OF DECEMBER 2, 1991 The Regular Meeting of the Fridley City Council was called to order at 7:42 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council members and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilman Fitzpatrick MEMBERS ABSENT: None PROCLAMATIONS: SPRING LAKE PARK FOOTBALL CHAMPIONS DAY. DECEMBER 3, 1991:_ Mayor Nee issued a proclamation proclaiming December 3, 1991 as Spring Lake Park Football Champions Day in the City of Fridley and encouraged all citizens to join in, at least in spirit, for the final pep rally of the season. Mayor Nee presented this proclamation to Mr. Jackson, the coach of Spring Lake Park's football team, and several team members. He stated that the City was very proud of their accomplishments in winning the State Championship. HOME HEALTH CARE WEEK, DECEMBER 1- 7, 1991: Mayor Nee issued a proclamation proclaiming the week of December 1 through 7, 1991 as Home Health Care Week in the City of Fridley. CUB SCOUT PACK, #20, THE FLAMING ARROWS: Councilwoman Jorgenson stated that she wished to recognize Cub Scout Pack #20, the Flaming Ar.rows, who are present at the meeting this evening. She stated that these Cub Scouts are working on their good citizen award. Mayor Nee and the Council members welcomed the Cub Scouts to the meeting. Mayor Nee stated that Mayor Pro Tem Schneider will be conducting the rest of the Council meeting. FRIDL$Y CITY COIINCIL �E$TING OF D8CBM8$R 2, 1991 PAG$ 2 Mayor Pro Tem Schneider stated that the City Manager, Mr. Burns,. has been called out of town on a family emergency, and Jim Hill will be the Acting City Manager during Mr. Burns' absence. APPROVAL OF MINUTES: • � �!_ _ • � : MOTION by Councilman Billings to approve the minutes, with correction of the typographical error on Page 4, the first paragraph, line 3, changing "Grand" to "Grant." Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Jorgenson to Seconded by Councilman Fitzpatrick. aye, Mayor Pro Tem Schneider unanimously. OPEN FORUM, VISITORS: adopt the agenda as submitted. Upon a voice vote, all voting declared the motion carried Mr. Pete Eisenzim�er, 6535 Oakley Drive, stated that he would like to retract the statement he made at the October 21, 1991 council meeting pertaining to information Mr. Brickner gave to the buyers of his homes on 67th Avenue in regard to the assessments. He stated that he was in error and would like to publicly apologize to Mr. Brickner. Mr. Eisenzimmer stated that he was advised at the October 7, 1991 council meeting that a letter would be sent to the church advising them that the City had no plans to complete the connection between Oakley Drive and 67th Avenue. He asked if this had bean done, as he has not received any correspondence. Councilman Billings stated that he would check this further, as a letter was sent to the church with a copy to Mr. Eisenzimmer. Mr. Eisenzimmer stated that it seems the church drive is plowed faster than Oakley Drive. Councilman Billings asked staff to check if the City was plowing the church's drive and send a memo to Council. Mr. Larry Zimmerman, 5380 4th Street, asked that Council consider an ordinance to ban overnight parking on City streets so that the plows have a chance to get the streets cleared. Mayor Pro Tem Schneider stated that there was a survey done, and a lot of people would be affected by an overnight parking ban. FRIDL$Y CITY COIINCIL ME$TINQ OF DBCEMBER 2. 1991 PAQB 3 Councilman Fitzpatrick stated that an overnight parking ban would create a problem for those who have no other place to park. Councilwoman Jorgenson asked how many snowbirds were ticketed in this last storm. Mr. Hill, Acting City Manager, stated that in checking the sunnaary, it did not look like there were a lot. He stated that there is an extensive file on the issue of overnight parking. He stated that back in the late 60's or early 70's there was a restriction on overnight parking, and there are a lot of pros and cons. Mayor Pro Tem Schneider felt that this material should probably be distributed to Council in order to decide if it should be pursued further. Mayor Nee stated that he received a lot of calls,�and one caller stated the City did a great job of plowing. He stated that he complimented the personnel on the excellent work and, in comparing Fridley�s plowing with Minneapolis, stated that he would never say another word against Fridley's snow removal. He stated that, however, on the other hand, he received many calls which were not complimentary. Councilwoman Jorgenson stated that she monitored the snow removal operation on her scanner and felt the Public Works personnel did a wonderful job. She stated that in addition to the snowplowing there was also a water main break which City personnel had to handle. Mayor Pro Tem Schneider stated that he knows the Pubiic Works personnel were working very hard. OLD BUSINESS• 1. ORDINANCE NO.. 980 REPEALING ORDINANCE NO. 974, ENTITLED "AN INTERIM ORDINANCE PLACING A MORATORIUM ON THE ISSUANCE OF SPECIAL USE PERMITS FOR AUTO BODY REPAIR BUSINESSES AND PROHIBITING THEIR LOCATION WITHIN THE CITY WHILE THE MORATORIUM IS IN EFFECT:" MOTION by Mayor Nee to waive the reading and adopt Ordinance No. 980 on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 2. ORDINANCE NO. 981 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 601. ENTITLED "MUNICIPAL OPERATION OF LIOUOR." SECTION 601.06. HOLIDAYS• MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 981 on the second reading and order publication. FRIDL$Y CITY COIINCIL MBETING OF D$CEMBER 2. 1991 PAGE 4 Seconded by Mayor Nee. Upon a voice vote, Councilman Billings, Mayor Nee, Councilman Schneider, and Councilman Fitzpatrick voted in favor of the motion. Councilwoman Jorgenson voted against the motion. Mayor Pro Tem Schneider declared the motion carried by a 4 to 1 vote. � 3. ORDINANCE NO. 982 RECODIFYING THE FRIDLEY CITY CODE CHAPTER 602, ENTITLED "BEER LICENSING " BY AMENDING 602.09.01 HOURS• MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 982 on the second reading and order publication. Seconded by Councilwoman Jorgen�on. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 4. ORDINANCE NO. 983 RECODIFYING THE FRIDLEY CITY CODE, Cj�APTER 603 _ F.NTTTT�F.n ��TNTnXTCATTNr T.TATinR _�� RV aMF.NT1TNr SECTION 603.11.01. HOURS OF OPERATION: MOTION by Mayor Nee to waive the reading and adopt Ordinance No. 983 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 5. ORDINANCE NO 984 RECODIFYING THE FRIDLEY CITY CODE CHAPTER 606. E�I'I'ITLED "INTOXICATING LI4UOR ON-SALE CLUBS" BY AMENDING 606.11.01. HOURS OF OPERATION: �� MOTION by Councilwoman Jorgenson to waive the reading and adopt Ordinance No. 984 on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. NEW BUSINESS• 6. APPROVAL OF 1992 AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE FRIDLEY COMMUNICATIONS WORKSHOP (ETC,L: Mr. Flora, Public Works Director, stated that this is the proposed 1992 agreement between the City and the Fridley Communications Workshop (ETC). He stated that the agreement includes a five percent increase for a total amount of $36,750. MOTION by Councilman Fitzpatrick to authorize the Mayor and City Manger to enter into this agreement with the Fridley Communications Workshop for 1992. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLLY CITY COONCIL MEETINQ OF D8C8MBER 2. 1991 P1�iQE 5 7. RESOLUTION NO. 95-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE SHADDRICR LABEAU AMERICAN LEGION FOST #303: MOTION by Councilman Fitzpatrick to adopt Resolution No. 95-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 13, 1991: A. SPECIAL USE PERMIT. SP #91-12. BY UNITED STORES, TO ALLOW UNSCREENED EXTERIOR STORAGE OF MATERIA?.�S AND EOUIPMENT, ON LOT 3, BLOCK 1, TARGET ADDITION, GENERALLY LOCATED AT 785 53RD AVENUE N.E.: Ms. Dacy, Community Development Di�ector, stated that this is a request for a special use permit to create a 23 by 25 foot outside storage area for the storage of canoes. She stated that United Stores received a special use permit and variance in 1986 to add a warehouse addition. Ms. Dacy stated that the Planning Commission recommended approval of this special use permit subject to two stipulations pertaining to the height of the fence and submission of retaining wall plans, if one is required. Councilman Billings asked if the barbed wire on the fence proposes any hazard to people in the area. Ms. Dacy stated that there are other locations in the City that have this type of fencing, and she stated she is not aware of any problems. Councilman Billings stated that if a retaining wall is constructed, because of the steepness of the bank, he could envision that the barbed wire would be within four feet of the upper ground elevation and this would be his concern. He asked if there is a need for a retaining wall. Mr. Benjamin Rischall, representing United Stores, stated that there is no need for a retaining wall. He stated that there is a partial wall in place and part of the fence would be built on top of this wall. He stated that from the ground level it would be eight feet in height. He felt that the concern about the barbed wire would not really apply in this case. MOTION by Councilman Billings to grant Special Use Permit, SP #91-12, with the following stipulations: (1) the height of the fence, including the rows of barbed wire, shall not exceed 8 feet in height; and (2) if a retaining wall is required, retaining wall FR�DLFY CITY COIINCIL MEETING OF DECEMBER 2. 1991 PAt�E 6 plans shall be submitted to the Engineering Department for reviet� and approval prior to the construction of the fence. The height of the fence shall be measured from the ground level, not from the top of the retaining wall, not to exceed 8 feet. Seconded by Councilwoman.Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Councilman Billings stated that if a retaining wall needs to be constructed .and, as a result, the petitioner is unable to put in a six foot chain link fence, this should be brought to staff�s attention to consider modifying this special use permit.. He stated that he is concerned about a fence that is greater than the code allows and that there is a short fence on top of a wall which may create a problem. Mr. Rischall stated that the odds of a retaining wall being constructed are very low. He stated that the fence can be placed on the existing pad without building a retaining wall.. B. �PECIAL USE PERMIT, SP #9�-13 BY MCGLYNN BAKERIES ING. TO AL��I COMMERCIAL RETAIL WITHIN AN INDUSTRIAL BUILDING WITH THE USE OCCUPYING NO MORE THAN 5 000 SOUARE FEET GENERALLY LOCATED AT 7350 COHIlKERCE LANE N.E.: Ms. Dacy, Community Development Director, stated that this special use permit is to allow a commercial retail use in an industrial. building for a portion of the old Pillsbury frozen food processing plant. She stated that McGlynn Bakeries is proposing a retail bakery outlet at this location which will occupy about 3,000 to 5,000 square feet. She stated that this outlet will feature bakery products, as well as other items such as milk, pop, and fresh fruit, which will be coming from other locations. Ms. Dacy stated that this zoning, M-2, allows a permitted accessory use of retail facilities but it is for products made or stored on the premises. She stated that a special use permit is necessary for commercial services if these are for the public at large. Ms. Dacy stated that under this particular section of the code, there are six standards which must be met prior to the issuance of a special use permit. She stated that the maximum floor area is limited to 30 percent of the total floor area of the building or 5,000 square feet. She stated that the total square footage for this outlet is between 3,000 to 5,000 square feet. Ms. Dacy stated that another standard which must be met is for the parking, and there is adequate parking on the site for both employees and customers. Ms. �Dacy stated that only wall mounted signs shall be permitted. She stated that the petitioner will be replacing the "Pillsbury" sign with a"McGlynn" sign on the building. She stated that in FRIDLEY CITY COONCIL ME�TIN6 OF DECEMB$R 2. 1991 PAG$ 7 addition, the property would be entitled to an 80 square foot free- standing pylon sign. Ms. Dacy stated that another standard which must be met concerns the traffic and a proposed use shall be permitted only when it can be demonstrated that the operation will not generate levels of traffic, which reduce "the existing level of service." She stated that Commerce Lane was reconstructed in 1989 to industrial standards and widened to provide adequate room for industrial trucks and to handle increased levels of traffic. She stated that the bakery retail outlet would not generate traffic beyond the capacity of the roadways. Ms. Dacy stated that the proposed use must be compatible with the area. She stated that because McGlynn intends to sell products manufactured at this plant and at other McGlynn plants, and intends to sell products not manufactured by McGlynn, staff has required the petitioner to apply for this special use permit. Ms. Dacy stated it should be noted that this special use permit is considered on an individual basis. She stated that the petitioner is aware the property is zoned industrial and that the retail outlet is an accessory to the processing function of the facility. Ms. Dacy stated that the Planning Commission has recommended approval of this special use permit. � Councilman Billings stated that at the Planning Commission meeting there was concern raised regarding the traffic at Commerce Lane and 73rd Avenue. He stated that staff was to check on the possibility of a stop •sign being placed on eastbound 73rd at the intersection with Commerce Lane. � Ms. Dacy stated Mr. F1ora, Public Works Director, has stated that the Minnesota Department of Transportation is anticipating a signal improvement at 73rd and University to permit left turn movements. She stated that this would clear the intersection and reduce the amount of stacking on 73rd Avenue. Councilman Billings stated that Mr. Naughton, �aho attended the Planning Commission meeting, suggested a four-way stop at 73rd Avenue and Commerce Lane, and asked if this suggestion was considered. Mr. Flora stated that it would only be a three-way stop as Commerce Lane does not extend beyond 73rd Avenue. He stated that staff discussed this traffic issue, and there could be a potential problem at quitting time because of the traffic coming from West Commerce Circle. He stated that the Minnesota Department of Transportation is looking at signali2ation at this intersection to provide for left turns and allow vehicles to make their proper movements without a delay of on-coming traffic. He stated that FRIDLEY CITY COONCIL MEBTING OF DECBMBER 2, 1991 PAQE 8 this should alleviate backing up on 73rd Avenue. He felt that this improvement should be completed before McGlynn's begins their operations. Mayor Pro Tem Schneider felt that the intersection traffic should not be any different than when Totino's was in operatian. Councilman Billings stated that the point Mr. Naughton was making was that there was a problem when Totino's was in operation, and he wanted the City to review the issue. He stated that Mr. Naughton was advised this would be reviewed prior to the item coming to Council. Mr. Flora stated improvements at substantially. completed, it c needed. that it was discussed at staff level, and with the University, the traffic on 73rd should improve He stated that once these improvements are �n be determined if additional improvements are MOTION by Mayor Nee to grant Special Use Permit, SP #91-13. Seconded by Councilwoman Jorgenson. Councilman Billings� stated that, traditionally, Council has reviewed all items pertaining to a particular piece of property at the same time. He stated that in the future Council will be considering whether they wish to approve the establishment of a tax increment financing district involving this property. He stated that if the tax increment district is not established the special use permit would not be needed. He stated that he would like to consider all the related items at that time. MOTION by Councilman Billings to table this item. Seconded by Councilman Fitzpatrick. Mayor Nee stated that this issue should have been raised when the agenda was adopted. Mayor Pro Tem Schneider ruled the motion to table as out of order. MOTION by Councilman Billings to appeal to the Chair. Seconded by Mayor Nee. Councilman Billings stated that many times items are on the agenda, and they are tabled by Council. Mayor Nee was in agreement, and the Chair stood corrected. UPON A VOICE VOTE TAKEN ON THE MOTION TO TABLE, Councilman Billings and Councilman Fitzpatrick voted in favor of the motion. Councilwoman Jorgenson, Mayor Nee, and Mayor Pro Tem Schneider voted against the motion to table. Mayor Pro Tem Schneider declared the MOTION FAILED. FRIDL�Y CITY COIINCIL ME$TINa OF D$CBMBBR 2. 1991 P�QB 9 UPON A VOICE VOTE TAKEN ON THE MAIN MOTION to grant SP #91-13, Councilwoman Jorgenson, Mayor Nee, and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings and Councilman Fitzpatrick voted against the motion. Mayor Pro Tem Schneider declared the motion carried by a 3 to 2 vote. �_ • _l • • � • � � . , . . . . . . . . � �� ► �_�!_ � _ . _ • � � _ � �� i, • �_�s �. � � � � � �� Ms. Dacy, Community Development Director, stated that McGlynn has submitted this application for a lot split so they may expand in the future and to insure they can meet the parking and lot requirements. She stated that the Planning Commission discussed several issues involving this lot split. Ms. Dacy stated that one of the issues was the non-conforming parking area. She stated that north of the existing building is an area where Totino used to store trailers. She stated that the new lot line will run through the south part and create a non- conforming parking situation. She stated that McGlynn and Pillsbury are working to correct this situation. Ms. Dacy stated that the property is split between two school districts, and when the additional acre is added it would need to match the appropriate school district. Ms. Dacy stated that the drainage issue was discussed as the Housing and Redevelopment Authority is considering assistance for storm water improvements. She stated that plans are to pump the wa�er, which collects behind the Totino facility, to the Burlington Northern Railroad ditch, which then flows to the south and into the Community Park and Rice Creek. Ms. Dacy stated that the problem with flooding of Commerce Lane has not been addressed, as noted in a memo from the Public Works Director, John Flora. She stated staff is recommending that if the vacant property maintained by Pillsbury is developed, that the runoff be incorporated into the overall drainage plan. Ms. Dacy stated that another issue involves a 1981 easement agreement, which permitted the City to use all parking areas on site to gain access to the drainage pond. She stated that the proposed agreement would restrict the access to the northern side of the McGlynn lot. She stated that the agreement also clarifies that the railroad spur track was intended to serve both Lots 3 and 4. Ms. Dacy stated that it was determined a stop light was not warranted at Osborne Road and Commerce Lane. FRIDLBY CITY COIINCIL M$ETING OF DECBMBER 2. 1991 PA68 10 Ms. Dacy stated that proposed future expansion�.is the northwest corner of the property, and additional parking area would probably be along the north side of the existing parking lot and located over the existing drainage easement. Ms. Dacy stated that the Planning Commission recommended approval of this lot split with three stipulations, and staff is recommending two additional stipulations. She stated that these stipulations are attached as Exhibit A to the resolution approving this Lot Split, #91-03. MOTION by Mayor Nee to adopt Resolution No. 96-1991, includinq the stipulations contained in Exhibit A, as follows: (i) an agreement between the property owners outlining how and when the nonconforming parking area shall be corrected shall be executed prior to filing the lot spli�; (2) the parcels shall be combined for tax purposes in separate school districts; (3) an amended drainage plan shall be submitted; (4) if the parking area on the now vacant parcel is used at the time of the property�s development, the City's storm water requirements must be met; and (5j the Pillsbury Company shall execute the Amendment to the Easement Agreement prior to filinq the lot split. Seconded by Councilwoman Jorgenson., Councilman Billings stated that he is concerned about future drainage looking at the piece of property as a whole. He stated that there is a drainage problem in the area, and he wants to make sure any stipulations that need to be attached to the north piece of property are included with the easement or recorded with the County. He stated that he is very concerned with splitting the property and with someone buying the north portion to build on it and exaggerating the drainage problem. Mayor Pro Tem Schneider asked how the problem would be exaggerated. Councilman Billirigs stated that the area is now open, but if someone constructs a parking lot there would be additional runoff. He felt that Council should be looking at the potential drainage problems now and placing restrictions on the property, if necessary, before it is split. Mr. Flora stated that the current ordinance requires when property is developed that the water leaving the site, after construction, should be of no greater quantity or of lesser quality than before the construction. He stated that this means there would have to be some type of detention facility so that the water could be detained and released at a lower rate. � Councilman Billings stated it is his understanding that the water leaving the area already is high volume and poor quality. FRIDL$Y CITY COONCIL 1�E$TING OF DBC$MB$R Z. 1991 PAG� 11 Mr. Flora stated that he cannot speak of the quality, but water into the Commerce Lane drainage system does have a tendency to back up in heavy rains. Councilman Billings asked if this was strictly the Commerce Lane area or also included this property. Mr. Flora stated that the water coming from 73rd and Osborne Road joins and goes into a culvert underneath the Burlington Northern railroad tracks. . Councilman Billings asked where the water drains that leaves the south portion of this property. Mr. Flora stated that it now drains into this system through a culvert underneath the railroad tracks. Mayor Pro Tem Schneider stated that his question is what difference does it makes if there are one or two parcels when the same drainage issues exist. Councilman Billings stated that the lot is currently owned by one person. He stated that if the drainage on the south portion is not adequate, there is space on the north portion to correct it. He stated that once the lot is split and a portion sold, the option to correct the drainage problems would not exist. He stated that if there are drainage problems, he wants to make sure the current owner addresses these problems before the lot is sold and the City left to correct the problems. Mayor Nee felt that the stipulations cover Councilman Billings' concern. Councilman Billings felt that the same circumstances apply here as in the case with the special use permit, and all the items pertaining to this property should be considered at the same time. MOTION by Councilman Billings to table this item. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Billings and Councilman Fitzpatrick voted in favor of the motion. Conncilwoman Jorgenson, Mayor Nee, and Mayor Pro Tem Schneider voted aqainst the motion. Mayor Pro Tem Schneider declared the MOTION FAILED. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION for adoption of Resolution No. 96-1991, Councilwoman Jorgenson, Mayor Nee, and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings and Councilman Fitzpatrick voted against the motion. Mayor Pro Tem Schneider declared the motion carried by a 3 to 2 vote. FRIDL$Y CITY COONCIL MBETINa OF DECEMBBR 2. 1991 PAa$ 12 Mr. Mark Rasmussen, representing McGlynn Bakeries, Inc., stated. that they want to resolve the drainage issue. He stated that the negative votes do concern hira. Councilman Billings stated that he had questions he felt were not answered and wanted the item tabled until he received these answers. He stated that Council has, in the past, considered a11 related items at the same time, and he stated that he did not feel he had adequate time to review these issues. He stated that if facts come out that this is not a good project, he could vote against it. Councilman Fitzpatrick stated that it is largely a procedural matter. He stated that the items Council voted on this evening are usually highly discretionary on the part of the Ward Council member. � Mr. Rasmussen stated that if there are specific questions any members of Council wish to address, he would be happy to answer them. He stated that if the concerned members wish to call him, he is available at any time. He stated that McGlynn would like to move forward, become a member af the community and resolve any of Council's concerns. Mayor Pro Tem Schneider stated that both the special use permit and the lot split were approved by a 3 to 2 vote of Council, and he hoped the pr.oject proceeds.forward. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission Meeting of November 13, 1991. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 9. MOTION TO WRITE OFF TWO OUTSTANDING CHECKS FROM 1990: Mr. Pribyl, Finance Director, stated that Council is requested to write off two outstanding checks from 1990, as City staff has not been able to contact these two persons. MOTION by Councilman Billings to write off the following outstanding checks: Check No. 31171 dated March 8, 1990 to Cindy Adolphson in the amount of $5.00 and Check No. 31974 dated May 3, 1990 to Charlene Ferraro in the amount of $25.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 10. RESOLUTION NO. 97-1991 AUTHORIZING AN INCREASE IN COMPENSATION FOR FRIDLEY CITY EMPLOYEES FOR THE 1992 CALENDAR YEAR: MOTION by Councilman Fitzpatrick to adopt Resolution No. 97-1991. Seconded by Councilwoman Jorgenson. FRIDLEY CITY COUNCIL MEETINQ OF D$CEMBBR 2. 1991 PAa$ 13 Mayor Pro Tem Schneider stated that this resolution authorizes a 2.5 percent qeneral increase in City employees' salaries, except for Council where there was no increase. He stated that there is also a moderate increase in the City's contribution to the health plan. UPON A VOICE VOTE TAI�N ON THE ABOVE MOTION, Councilman Fitzpatrick, Councilwoman Jorgenson, Mayor Nee, and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the motion carried by a 4 to 1 vote. 11. MOTION �O AMEND RESOLUTION NO. 84-1991 AND APPROVE AMENDED 1992 CALENDAR OF CITY COUNCIL MEETINGS AND HOLIDAY.SCHEDULE FOR CITY EMPLOYEES: MOTION by Councilman Fitzpatrick to approve the amendment to Resolution No. 84-1991 changing the Council meeting scheduled for Monday, September 28, 1992 to Tuesday, September 8, 1992 and the Council meeting scheduled for Monday, December 21, 1992 to Monday, December 14, 1992. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 12. INFORMAL STATUS REPORTS: Mayor Nee suggested that Mr. Flora, Public Works Director, comment on the snowplowing from the storm over Thanksgiving weekend. Mr. Flora stated that on the evening of November 30, 1991, Public Works personnel started plowing streets at 4:00 in the morning. He�stated that 126 center lane miles were plowed for 22 continuous hours to open the streets and intersections and to sand the stop sign and curve areas. He stated that there was a lot of work involved in removing the snow, and plows had a difficult time in pushing it off the roads. Mr. Flora stated that the City has ten plowing districts, and each district has four alternate starting points. He stated that each time the plows go out, they begin at a different starting point and rotate these starting locations. He stated that the City has a red line system and opens up the various neighborhoods by plowing emergency streets first. He stated that once these red line streets are open, the remaining streets in the district area are plowed. He stated that the City crews were able to open up all the streets by 2:00 a.m. on Sunday, which was a considerable effort by the small crew. Mayor Nee asked how this snowfall compared to a typical snowfall. Mr. Flora stated that in a typical snowfall, it generally takes about five hours to clear the red line system, and this time it FRIDL$Y CITY COIINCIL MESTINa OF DEC$MBER 2, 1991 PAG$ 14 took eight hours. He stated that normally, all streets are open in fourteen to sixteen hours, and this time it was 22 hours. Mayor Pro Tem Schneider stated that the calls he received were not so much that the crews were not working hard but why they had waited so long to begin. He also questioned if perhaps the policy of going curb to curb rather than making one pass should be reviewed. Mr. Flora stated that the policy is Council's decision. He stated that the plows were out at 4:00 a.m., and the snow stopped at 4:30 a.m. He stated that in 1982 through 1984, the City did make one pass and open up eight to ten feet of the road, and people cleared their driveways ten feet into the street. He stated the problem is that when the plows come through to plow the full width, residents have to do the shoveling all over again. He stated it was felt that it was better to clear the roads full width rather than making only one pass. Mayor Pro Tem Schneider stated in cities that did make one pass, residents were able to get out, but in the City of Fridley's case, unless you had a four wheel or front wheel drive vehicle, you could not move until Sunday morning. Mayor Pro Tem Schneider questioned if an outside contractor could� be brought in for large snowfalls to make one pass and then the City crews plow curb to curb. Mr. Flora stated that such a contract would probably have to be for the entire winter and a policy established when this would be augmented. He felt that this may be quite costly, as heavy equipment would be involved. He stated that it is very difficult and expensive to have graders available on call. Councilman Schneider stated that it seems unreasonable for a person to have to be in his home for 22 hours. Mayor Nee questioned that if the offset for not having overtime in a normal snowfall would pay for an outside contractor. Mr. Flora stated that a contractor would want to make the best use of his resources and contract for the entire winter season. He felt that to contract only for a particular event there just would not be that much equipment available which was not already committed someplace else. Councilwoman Jorgenson submitted a map of the Madison Street area. She stated that the red line streets were plowed, but nothing was plowed internally. She stated that at 5:30 p.m. on Saturday nothing shown in the cross-hatched area of the map had been plowed. FRIDLFY CITY COIINCIL MEBTINQ OF D$CBMBBR 2. 1991 PAG$ 15 Mr. Flora stated that four primary trucks clear the red line streets. He stated that once these are done, the plows go into the snow plowing districts. He stated that there is one major piece of equipment for each district. Mayor Pro Tem Schneider asked if it would be possible to consi.der alternatives, so that everyone could get to the main thoroughfares within twelve hours. Mr. Flora stated that this was a major snow event over a holiday weekend, and a majority of the people were home. He stated that six of the neiqhboring cities had their streets opened by Sunday evening, and Fridley had theirs open by 2:00 a.m. Mayor Pro Tem Schneider stated that Fridley is in line with everyone else as far as the time to complete the plowing. He stated that the question is if they should do one pass when the snowfall exceeds, for example, eight inches. Mr. Hill, Acting City Manger, stated that it appears Fridley has excellent plowing capabilities and, in normal conditions, seems to be ahead of other cities in their plowing efforts. He stated that this particular snowstorm had unique circumstances. He stated that most of the residents in neighboring cities had streets plowed, but the City�s system for plowing did not change because of the nature of the storm. He stated that in this particular isolated situation, the City was still plowing to full width as the plows went through. Mayor Pro Tem Schneider stated that he is willing to consider additional cost items.such as wing plows. Mr. Hill stated that the equipment the City has is appropriate for a ci.ty of our size. He stated that a secondary consideration is the ability of the public to get the information they need. He stated that the Police Department was flooded with calls. He stated that one employee alone received 130 calls Friday, and the employee on duty Saturday evening received 86 calls. He stated that there are a iot of people with questions, and they do not want to talk to the police. He stated that the main thing they wanted was plowing information. He felt that one suggestion is to change the phone recorder so that it can be changed remotely by designated personnel if there is a snow emergency. He stated that this may suffice or perhaps even have an employee in Public Works explain to the residents what district they are in and when they can expect to be plowed. Mayor Pro Tem Schneider felt that perhaps there could be a separate snow plowing number to call and the recording updated every several hours. FR�DLBY CITY COIINCIL ME$TING OF DBCEMB$R 2. 1991 PAGB 16 Councilman Fitzpatrick stated that if there was an efficient way to handle this issue, he felt the money would be well spent. Councilwoman Jorgenson stated that in �the calls she monitored, it seemed the residents were satisfied with obtaining information. She stated that she called the City garage and talked to Jim Bates. He told her that one problem they encountered was people calling in as an emergency situation. She stated that there was no way to tell if this was the truth and wondered if there was a way to identify these people. Mr. Hill stated that generally hospitals make provisions in advance to get emergency people to the facility. Mayor Pro Tem Schneider asked that staff review some options and report back to Council before spring. Councilman Billings stated that he had a few phone calls from residents who were displeased that their street was the last to be plowed. He stated that in all but two �ases he has found that Fridley's snowplowing is above other cities, and the fact that we had two unusual snowfalZs made residents more willing to aecept the situation. He stated that several callers thought the City had eliminated the snow plowing, and once they were assured this was not the case they seemed more content. He stated that maybe Council is the victim of their own policy in that they try to open up streets full width. He stated that he can appreciate the desire to �ake one or two passes down the street initially to open up the street. He stated that Fridley is not like Minneapolis and St. Paul where the radio.station is telling everyone what they are doing. He felt that if the City does something different in an eight-inch snowfall than what is done for a two-inch snowfall, there would be a communication problem in residents not knowing what the City is doing. He stated he is concerned that in an effort to make life easier for people the City may, in fact, complieate the issue. He stated that he does not believe there are any easy answers and awaits staff's report. 13. APPOINTMENT: CITY EMPLOYEE: MOTION by Councilman Fitzpatrick to concur with the following appointment by the City Manager: Name Position Starting Salarv Charlotte Secretary $9.40 Zimmerman Non-exempt per hour Grade D $1,635.76 Step 1 per month Starting Date Dec. 9, 1991 Replaces Teresa Shields FRIDLBY CITY COIINCIL MEETIN6 OF DEC$MBER 2. 1991 PAGE 17 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 14. CLATMS: MOTION by Councilman Billings to authorize payment of Claim Nos. 40412 through 40577. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 15. LICENSES: Mayor Pro Tem Schneider stated staff has requested that the license for GBN, Inc. be deleted. MOTION by Councilman Billings to delete the on-sale and on-sale Sunday liquor license for GBN, Inc., 3720 East River Road. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to approve the licenses as submitted, with the exception of the license for GBN, Inc., and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 16. ESTIMATES• MOTTON by Councilman Fitzpatrick to approve the estimates as submitted: Barna, Guzy & Steffen, Ltd. 200 Coon Rapids Boulevard Suite 400 Coon Rapids, NIIJ 55433 Services Rendered as City Attorney for the Month of October, 1991 .......$ 3,996.40 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 October, 1991. ..$11,091.50 FRIDL$Y CITY COONCIL M8$TING OF DECEMBBR 2, 1991 PAGB i8 HNTB 6700 France Avenue South Suite 260 Minneapolis, MN 55435 Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate . . . . . . . . . . . . . . $ 1,335.91 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN.55303 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. 12 . . . . . . . . . . . . . . . $11,942.28 Northdale Construction Co., Inc. 14450 Northdale Boulevard Rogers, MN 55374 Skywood Lane Water Extension Project No. 220 • Estimate No. 4 . . . . . . . . . . . . . . . $ 4, 590. 93 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADJOURNMENT• " MOTION by Councilman Billings to adjourn the meeting. Seconded by Mayor Nee. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of December 2, 1991 adjourned at 9:25 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � � � DATE: TO: FROM: SUBJECT: Proposal Community Development Department Pr�rnvirrG D�SION City of Fridley December 5, 199 � William Burns,�City Manager Barbara Dacy, Community Development Director Public Hearing for Modification to the Redevelopment Project #1 and Creation of Tax Increment Financing District #12 McGlynn Bakeries is proposing to purchase the former Totino Pizza plant for a retail production facility. The vacant plant and the vacant property to the north of it are owned by Pillsbury. McGlynn Bakeries processed a lot split request to subdivide the Pillsbury property in order to add an additional acre to the proposed McGlynn site. In addition to a$250,000 Economic Recovery Grant from the State of Minnesota, McGlynn Bakeries has petitioned for the creation of a tax increment district and the modification to the City's redevelopment program. "But-For" Test The existing structure totals approximately 145,000 square feet and was designed and constructed for a single purpose. The age, v�rying ceiling heights, and nature of the several expansions to the original Totino facility necessitates extensive rehabilitation. Rehabilitation costs are estimated by McGlynn Bakeries to total approximately $4,800,000, which is substantially more than the present value of the building. Because of the excessive rehabilitation costs and because the proposed project will increase the value of the property and provide additional job opportunities, a modification to the City's redevelopment plan and creation of a tax increment financing district is recommended. The project would not proceed in the foreseeable future without the City's assistance. Related Actions The HRA at its November 14, 1991 meeting adopted a resolution to modify the redevelopment plan and to create Tax Increment Financing Modification Redevelopment Project #1; Creation of TIF District #12 � December 5, 1991 Page 2 District #12 subject to City Council approval. The amendments to the tax increment financing plan are attached to this memo. If the City Council approves the resolution authorizing the creation of the district on January 6, 1992, the HRA will consider at its January 1992 meeting a request by McGlynn Bakeries to provide tax increment financing assistance. On November 13, 1991, the Planning Commission approved a resolution stating that the proposed tax increment district and modification to the redevelopment plan is consistent with the Comprehensive Plan. Also, on November 22, 1991, Anoka County passed a motion receiving the proposed modification to the plan for its review and comment as required by law. Also attached to this memo are the estimated impacts of the tax increment district on the two school districts pertaining to the site. The site is split between School District #14 and School District #16. Tax Increment Analysis Jim Casserly, the HRA's financial consultant, has prepared a tax increment analysis for the McGlynn project (see Schedule 1). A redevelopment district is proposed to be created. According to state law, a redevelopment district is permitted to exist up to 25 tax increment years. The proposed assistance package under consideration by the HRA would be to use the increment over a 14 year period, or 16 total years, to allow for reconstruction. Column F identifies the total amount of captured tax increment, assuming that the original market value is $2,362,600 and the new market value is $4,362,600. Assuming an inflation rate of 1.5� per year on the value, a total of $1,692,693 will be captured. It should be noted that this is the maximum amount to be captured. The factor driving the estimated tax increment is the inflation of the market value; in fact, the value may not increase that rapidly over the 14 year period. Column I represents the available tax increment after administrative expenses and the municipal service fees are deducted. Therefore, the total available tax increment is $1,438,995. The present value of the available tax identified at the bottom of Column K; maximum amount. The actual increment � increment after 14 years is $649,542. Again, this is a captured may be less. I Modification Redevelopment Project #l; Creation of TIF District #12 December 5, 1991 Page 3 In order to occupy the building, McGlynn Bakeries estimates $4,800,000 is needed to rehabilitate the structure, $3,400,000 to purchase equipment, and $3,550,000 to acquire the property and other contingency costs. The present value of the assistance represents 5� of the total project costs. The amount of assistance is proposed to be completed on a"pay as you go" approach. The development contract under consideration by the HRA will authorize the HRA to give McGlynn Bakeries a limited revenue note identifying payments to be made to McGlynn on an annual basis, provided that McGlynn completes the improvements to the building, provides the proposed jobs, and creates the necessary market value. Proposed Resolution Because of previous City Council direction on previous TIF districts, staff did not schedule approval of the resolution for the modification and creation of the district until January 6, 1992. The proposed resolution is enclosed in the packet for the City Council's review, however, in advance of the January 6, 1992 meeting. Recommendation The HRA and staf public hearing as the resolution for BD/dn M-91-867 f recommend that the City Council conduct the. required by state law, and schedule approval of January 6, 1992. : _.. ... _... . -- ' t DEC 04 '�1 13�30 FLINT512_334_3382_ � +�� • P.2 Ex�:zsxT =-s-� "� ;... •a� � . � - _ . .,,....- EOUNb�1RY 1►ZAP OF �� '' ". ti � REDEVELOPMENT PROJECT N0. 1 � ..:�'� � $�ORr � AS MODIFIED DECEI►BER 9, 1991 � -� � . � � . � _ � � � , � � ' �H/R ADD. : N 3 ADQ � t � •` � ; �� i ` , . .,,..` _ � ` � � ; - � . ,., s � p� � � ,� � !' i ' s � =:� ..�_ . � � . . 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SEEC // � a1CA�' COUt�lT7 �—� MWAY R/ W . �T N0. 28 1 XIII—BL �� CITY Of FRIOLEY� MINNESOTA 12-Nov-91 ;GiEOUIE I: TAX INCREMENT MIALYSIS - OVERVIEW: MCGLYNNS --------------------------------------------------- iA) i6) i�) ��) iE) �F) (G) �H� �I� '(J,---------`K,----- ORIGINAL ESTIMATE� CAPTURED ESTIMATE� LESS: MLRj: AVAILABLE TAXABIE PRESENT VALUE / OF PERI00 TAX TAX TAX TAX AOMIN $�t. TAX SEMfANNUAI (�lLATIVE 'EARS ENOING CAPACITY CAPACITY CAPACITY INCREMENT EXPENSES F�S, . INCREMENT BAl.ANCE gpLANCE ---------------------------------------------------0 ----------0 ---------- 0.0 6/.1992 110,574 110.574 0 0 0 0 � 0.5 12 / 1992 110.574 110.574 0 0 0 0 0 0 0 1.0 6/ 1993 110,574 199.080 0 0 0 0 0 0 0 1.5 12 / 1993 110.574 199.080 0 0 0 0 0 0 0 2.0 6/ 1994 110�574 ' 202,066 88,506 45�057 2�253 0 42.805 35.553 35.553 2.5 12 / 1994 110.574 202.066 88�506 45�057 2.253 0 42,805 33,941 69.493 3.0 6/ 1995 710�574 205,097 91,492 46,578 2.329 0 44�249 33�495 102�988 3.5 ]2 / 1995 110�574 205.09� 91.492 46�578 2.329 0 44,249 31.976 134.g64 4.0 6/ 1996 110,574 708,173 94�523 48,121 2,406 0 45�715 31�537 166�501 4.5 12 / 1996 110�574 208.173 94.523 48.121 2.406 0 45.715 30.107 196�609 5.0 6/ 1997 110,574 211�296 9��600 49�687 2.484 0 47,203 29,677 226,286 5.5 12 / 1997 110�574 211�296 97.600 49,687 2.484 0 47.203 28�332 254.618 6.0 6/ 1998 110.574 214,465 100�722 51.277 2.564 1�049 47�664 27,311 281.929 6.5 12 / 1998 110.574 214.465 100,722 51,277 2.564 1,049 47�664 26.073 308,001 7.0 6/ 1999 110�574 217,682 103.892 52.890 2,645 2.164 48�081 25.108 333,110 7.5 12 / 1999 110,574 217�682 103�892 52.890 2.645 2�164 48�081 23.970 357.080 8.0 6/ 2000 710�574 220�947 107�109 54,528 2.726 3.347 48.454 23.061 380�140 8.5 12 / 2000 110�574 220�947 107.109 54,528 2.726 3.3�t7 48,454 22.015 402.155 9.0 6/ 2001 110�574 224.262 110.374 56.190 2.810 4,599 48�782 21.159 423.313 9.5 12 / 2001 110�574 224,262 110.374 56�190 2.810 4.599 48�782 20�199 443.512 10.0 6/ 2002 110�574 227�626 113�688 57�877 2.894 5�921 49.062 19�394 462.907 10.5 12 / 2002 110.574 227,626 113.688 57�877 2,894 5,921 49.062 18,515 481�421 11.0 6/ 2003 110.574 231.040 117�052 59,590 2.980 7,316 49.295 17.759 499.180 11.5 12 / 2003 110.574 231.040 117.052 59.590 2.9$0 7.316 49,295 16,953 516,133 12.0 6/ 2004 110.574 234�506 120�467 61,328 3,066 8.784 49.478 16.245 532.378 12.5 12 / 2004 110�574 234�506 120,467 61,328 3.066 8�784 49.478 15,508 547�886 13.0 6/ 2005 110�574 238.023 123.932 63,093 3,155 10�328 49�610 14,845 562.731 13.5 12 / 2005 110.574 238.023 123.932 63,093 3.155 10.328 49,610 i4.171 576�902 14,0 6/ 2006 110.574 241�594 127�450 64,883 3,244 11�948 49,691 13,551 590�453 14.5 12 / 2006 110,574 241�594 127�450 64�883 3,244 11�948 49.691 12,936 603,389 15.0 6/ 2007 110�574 245,217 131,020 66,701 3�335 13�648 49�718 12.356 615.746 15.5 12 j 200T 110.574 245,217 . 131�020 66,701 3,335 13,648 49,718 11�796 627,542 16.0 6/ 2008 110,574 248,896 134.644 68,546 3,427 15.428 49,691 11,255 638.797 16.5 12 / 2008 110�574 248,896 134,644 68,5+36 3,427 15,428 49�691 10�745 649,542 ,. -------------------------------------------------------------°---------------------- 1.692,693 84,635 169.064 1,438�995 649.542 649�542 sas::=ssa=s¢ssassaazsa::ssaszs:sass=ss:asz:sas:ssszssssaaaxsoasassc=oam=asaaa�s=�aazaasasasaaxssaassaxaaas:assass=sss�asssss:s ORIGINAL MARKET VALUE ORIGINAI TAX CAPACITY ESTIMATEU MARKET VALUE ESTIMATED TAX CAPACITY TAX CAPACITY RATE INFLATION AOMIN EXPENSES TAXABLE P.V. RATE 2.362.600 110, 574 4.362.600 199�080 1.01726/1.01866 � . soz 5. OOx 9. soz CASSERLY MOLZAHN & ASSOCIATES 1E MCGLYNS 6124749339 . OCT-17-91 THU 16�20 McGlynn's Bakery FAX N0. 6124749339 M��lynn Bakeries, O�e McGlynn Drive Chanh�sscn, M,innescta 55317 612-474-74dd 6�2-47�1-83�8 FAX pctober 16, 2991 Mr. william W. 8urns City Manager City of Fridley Municipal Cer�ter 6431 University Avenue N.E. Fridley, Minnesota 55432 Oear Sill: As we have discassed, there a for boih the City of Fridley complete the proposed deal on Nere are a few though�s, as to might help you as you prepare recent proposals: Adwanta�t� for McCtynn's P. 02 VIA FAX: 571-1287 re many ver�► positive factors and McGlynn s if we are able to the farmer Totino's plant. how we see the situation that the City's position on our most 1. Fridley provides an ideal source of qudTity employees canbined with an excellent long-term manp4wer outlook. Goad schools, good work ethic, and a tradition of manufacturi�g jobs suppori a strong future hiring autlook from our �erspectiv�. The opportunity to hire srnne experienced former Totino's employees is also a biq plus. 2. Fridley is centrally lacated to serve our metro retail stores; more so tt�an our current Eden �rairie location. It also provides a WisCOnsin expansi4n Mi]waukee hub. ! ■' somewhat better access ta future along I-94 towards our smaller 9 OCT-17-91 THU 16:21 McG19nn's Bakery Mr. Wil]iam W. Burns October 16, 1991 Page Two FAX N0. 6124749339 P. 03 3. The Totina's plant physical she]i is adequate to meet our needs. The cost is becoming substantia]ly higher than originally.estimated, but once rehabilitated,.it will provide the space and additional capacity McGlynn's needs to grow our retai] basiness mare aggressively. At Z7.35 Million (;2.55MM purchase + S4•� rehabilitat�on) the up-front c�st does call.inta serious question the financial viability of the project. Assuming the financial issues are satisfactorily resolved, McGlynn's will have an excellent facility to help grow its business for the next�20 - 30 years. 4. There is rvam to axpand both the building and employee parking on the current site. We wiil be able to stay at this site for �any y�ars without limitinq our ability to grow the bustness. 5. The City of Fridley and its staff has proven exceptionally helpful and easy to work with durin$ this project. The attitude and epproach of a city, zts elected offic�als, and its staff is e ma�jor consideration in the site selection of our next plant. Advantag,e� Eor Fridle9 1. McGlynn's will be an excellent employer, taxpayer, and corporate citizen for at least the next 20 - 30 years. McGlynn's is a vibrant, grawing company that will aid the iocai economy in d variety of direct and indirect ways. By attracting McGlynn's, the City wil] have a prominent, current success story which may help in attracting other business. 2. a large number of good-paying jobs will be created both short and long term. Many of those �nployees wi11 cvme from fridiey. Forecastin� job growth is very difficult, but the numbers are large. A. 270 jobs are planned initially with growth to 350 likely by I995. E!p�l}) Retail Plant Retail OfficeJ P1ant Management BakeStock - Retail TOTAL iQJ92 - 3/93 lst - 6 Mos. Fridlev 218 230 30 34 8 14 256 210 2 31/93 12I31/94 12l31l95 250 270 300 32 35 38 10 11 12 292 316 ._ 350 B. Wbile we expect most of the initial jobs t at our Eden Prairie facility; there likely considerable number of initial new hires. to 24 new positions we ar�nually experience ta rou�hly 30% of the j�itions available. approximartely 74 to 80-additional hirinas � come from employees will also be a In addition to the 15 employee turnover equal i'his translates to n the first year. Ul��l�-1l—yl 1HU 1ti�C1 [Ictilynn" s tSaKery Mr. William W. Burns October 16, 1991 Page Three rr� nu. O1L414�33� r. u� C. There will also be a number of current employees who choose not to transfer to Eridley. Our intention is to offer these vacancies first to other McGlynn employees, but there wi11 undoubtedly be sane openings due to ]ack of transfers. 0. McGlynn's has a very strong record of job creation in Minnesota. In the last 10 �rcars no food company has addea mor� jobs to Lhe State: McGlynn s added 1,100 full-time equivalent jobs, a 220: increase over 1981. Ne expect ta continue this growth in the 1990's. The Fridley bakery w�ll be a part of this growth. (See Exhibit �1.j 3. The Fridley bakery payroll will approach �7 Million in its first 12 months of operatian. Production line workers currently average around $25,440 in annual pay. Added to that will be 30 to 4Q divisio�al headquarters office jobs and, of course, the Outlet Store. Whether these people iive i� Fridiey or not, much of that S7 Mil��on payroll will be spent in fridley at supermarkets, dry cleaners, restaurants, etc. I am not an economist, but there will be a significant multiplier effect throughout the Fridley economy. 4. McGlynn's wi�i a2so be opening a Retail O�ilet Store at the Fridley location. 6eyond its obvious hedonistic advantages, it will add another 20 jobs not inclu e in the previous figures. It wili also provide additionai City sales tax revenue if the "City option" remains part of the Minnesota tax structure. - 5. By renovating the former Totino's plant, McG]ynn's removes a prominent reminder of some of the City's recent economic setbacks. A new owner both physically and emotionally proves that Fridley remains a vibrant and popular economic location in the Metro area. 6. For a wide variety of reasons, the Fridley Totino's plant, as it is, is a relatively unattractive property. It is old and requires major and expensive repairs. It is iaid out right far making pizzas and inefficiently for most other endeavors. Pillsbury will not sell it to a pizza competitor. It is also located in Minnesota. As much as we all like our state, national food companies would not flock to this site because of the lacation/freight costs, workers compensation rates, taxes, and the overall business climate. This re�ative unattractiveness was vividly demonstrated by the $2,550,OOU selling price of which only 51,454,0�0 was for the iand and b�ilding. I mention these negatives only because McG]ynn's was able to overcome these issues in our decision to Qurchase the facility. If the financial issues are resoived we can dea] with the other issues.. If the property was forced back orito the market it is iikeiy tha� it would sit empty for a very long time. � 1H O1L�1 f �17JJ7 OCT-17-9] THU 16�22 McGlynn's Bakery . Mr. William W. Burns October 16, 1991 Page Four FflX �10. 6124?49339 P. 05 7. If McGlynn's completes the property purchase there will be a significant long-term increase to the property tax base vs. what Fridley can expect if we da not complete the purchase. The exact level of the Tax Increment Financing issue remains to be resolved. However, if the deal were to fall apart, Pillsbury would undoubtedly � petition for a lower assessment based on the current market price of the property. Wh�le the TIF amaunts need to be finalized, it is clear that both the short and 7onq-term prnperty tax picture for Fridley will be eahanced by a successful completion of the McGlynn's purchase. I hope that these thavghts are helpful in yaur deliberations on our most recent proposals. I want to emphasize my continued confidence that the deal wilt go through. It is good for McGlynn's, Pillsbury, Fridley, and the State. I am sure that we can find a way to hridge some of the financial gap that unfortunately exists. If I can be of any further assistance or if you have any questions, ptease give me a call. Sincerely, ��,�.�.�s�� Mark Rasmussen Vice President Marketing/Strategic Planni�g MRJgd 11 �, > �� : , i ,; �. � b124749339 , OCT-1?-91 THU 16�23 McGlynn's Bakery i � � � � co � z � � � � L � Q� Q� � � � � � !� (1J _ � O � � � � � � � �� FAX N0. 6124749339 � e� r � c� � �� 1J � v S � o � � � � O � � � N � � � � � � 0 �. — � �- � � a� � a � Q T � '�"' � ' �' � � � � t7� �r � U � � q � � � � � • q � O� � � r � c� v� � � P. 06 SECTION XIII TAX INCREMENT FINANCING PLAN FOR TAX ZNCREMENT FINANCING DISTRICT NO. 12 - (MCGLYNN BAKERIES) Subsection 13.1. Statement � Obiectives. See Section I, Subsection 1.5. Statement of Objectives. , Subsection 13.2. Modified Redeveloflment plan• See Section I, Subsections 1.2. through 1.15. . Subsection 13.3. Parc�ls �Q �g, Included'. The boundaries of. Tax Increment Financing District"No. 12 are desc,�ibed on the attached Exhibit XIII-A and illustrated on Exhibit XIII-B. Subsection 13.4. Parcels �n Acouisition. The Authority may publicly acquire and reconvey any or all of the parcels in Tax Increment Financing District No. 12 identified on the attached Exhibit XIII-A. .� The following are conditions under which properties not designated to be acquired may be acquired at a future date: (1j The City may acquire property by gift, dedicatiom, condemnation or direct purchase from willing sellers in order to achieve the objectives of the Tax Increment Financing Plan; and (2) Such acquisition will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 13.5. Development Activitv for which Contracts have been Siqned. As of the date of adoption of the Tax Increment Financing Plan, the City intends to enter into a Development Agreement with the following developer: McGlynn Bakeries, Inc., a Minnesota corporation, for the rehabilitation of an existing facility to provide 142,000 square feet of commercial space with a total market value estimated at $4,362,600. Construction is anticipated to be completed in 1992. Subsection 13.6. Specific Develoament Exaected t�c Occur. At this time it is anticipated that a facility providing 142,000 square feet of industrial/commercial space will be rehabilitated. 13 - 1 1K Subsection 13.7. Prior Planned Improvements. The Authority shall, after due and diligent search, accompany its request for certification to the County Auditor or its notice of district enlargement with a listing of all properties within Tax Increment Financing District No. 12 for which building permits have been issued during the eighteen (18) months immediately preceding approval of the Tax Increment Financing Plan by the Authority. The county Auditor shall increase the original tax capacity of Tax Increment Financing District No. 12 by the tax capacity oE each improvement for whiGh the building permit was issued. If said listing does not accompany the aforementioned request or notice, the absence of such listing shall indicate to the County Auditor that no building permits were issued in the eighteen (18) months prior to the Authority's approval of the Tax Increment Financing Plan. Subsection 13.8. Fiscal Disparities. The Authority hereby elects the method of tax i"ncrement computation set forth in Minnesota Statutes, Section 469.177, Subdivision 3, clause (a) if and when commercial/industrial development occurs with Tax Increment Financing District No. 12. Subsection 13.9. Estimated Public Improvement Costs. The estimated costs associated with Redevelopment Project No. 1 are listed in Section I, Subsections 1.9 and 1.10. Subsection 13.10. Estimated Amount of Bonded Indebtedness. It is anticipated that $1,125,000 of bonded indebtedness could be incurred with respect to this portion of Redevelopment Project No. 1. Pursuant to Minnesota Statutes, Section 469.178, Subdivision 1, General Obligation Tax Increment Bonds may be used as required to amortize the costs identified in Section I, Subsections 1.9 and 1.10. The City reserves the right to pay for all or part of the activities listed in Section I, Subsections 1.9. and 1.10. relating to Redevelopment Project No. 1 as tax increments are generated and become available. Subsection 13.11. Sources of Revenue. The costs outlined in Section I, Subsection 1.9, will be financed through the annual collection of tax increments and an Economic Recoverv Fund Grant from the State of Minnesota. ' Subsection 13.12. Estimated OriQinal and Captured Tax Capacities. The tax capacity of all taxable property in Tax Increment Financing District No. 12, as most recently certified by the Commissioner of Revenue of the State of Minnesota on January 2, 1992, is estimated to be $110,574. 13 - 2 1L The estimated captured tax capacity of Tax Increment Financing District No. 12 upon completion of the proposed improvements on January 2, 1993 is estimated to be �88,506. Subsection )3.13. Tax Canacitv Rate. The current total tax capacity rates are 101.726 for the portion of Tax Increment Financing District'located within Independent School District No. 14 and 101.866 for the portion located within Independent School District No. 16. . Subsection 13.i4. Tax Increment. Tax increment has been calculated at approximately $90,113 upon completion of the improvements assuming a static tax capacity rate and a valuation increase of one and one-half percent {1.5�j compounded an�ually. Subsection 13.15. Tvpe Qf Tax Increment Financina District. Tax Increment Financing District No. 12 is, pursuant to Minnesota Statutes, Section 469.174, Subdivision 12, a Redevelopment District. Subsection 13.16. Duration of Tax Increment FinancinQ . District. The duration of Tax Increment Financing District No. 12 is expected to be twenty-five (25) years from receipt of the first tax increment. The date of receipt of the first tax increment is estimated to be July, 1994. Thus, it is estimated that Tax Increment Financing District No. 12, including any modifications for subsequent phases or other changes, would� terminate in the year 2019. Subsection 13.17. Estimated Impact on Other Taxina Jurisdictions. The estimated impact on other taxing jurisdictions assumes construction would have occurred without the creation of Tax Increment Financing District No. 12. If the construction is a result of tax increment financing, the impact is $O to other entities. Notwithstanding the fact that the fiscal impact on the other taxing jurisdictions is $0 due to the fact that the financing would not have occurred without the assistance of the City, the attached Exhibit XIII-E reflects the estimated impact of Tax Increment Financing District No. 12 if the "but for" test was not met. Subsection 13.18. Modification of Tax Increment Financina District and or Tax Increment Financincr Plan. As of July 1, 1991, no modifications to Tax Increment.Financing District No. 12 or the Tax Zncrement Financing Plan therefore has been made, said date being the date of initial approval and adoption thereof by the City Council. - 13 - 3 1M EXHIBIT XIII-D "BUT FOR" ANALYSIS The four parcels in the proposed Tax Increment Financing District are located in an area which has been targeted by the City for redevelopment. The existing building has been vacant a number of months and is in need of substantial re air. This project will enable the State to preserve or retain 314 jobs and create 116 new jobs for McGlynn. The City of Fridley can anticipate 280 new jobs in the rehabilitated facility. In addition, there should be an annual increase of 5 to 10 positions. In addition to providing job opportunities and increased retail traffic, the rehabilitation of this building will provide an additional $2,000,000 in market value to the City's tax base. Due to the high costs of rehabilitation, the project would not proceed in the foreseeable future without public assistance. XIII-D-1 1N Professional Fees Administrative Fees Total Maximum Estimated Total Bonded Indebtedness* 15,000 72.000 $ 587,000 $ 737,000 *This amount includes capitalized interest in an amount sufficient to pay interest on the bonds from the date of issue until the date of collection of sufficient tax increment revenues to meet scheduled interest payments when due. AS MODIFIED DECEMBER 9, 1991 TAX INCREMENT FINANCING DISTRICT NO. 12 (MCGLYNN BAKERIES) Acquisition Ponding and Drainage Professional Fees Administrative Fees Total Maximum Estimated Total Bonded Indebtedness* $1,050,000 25,000 15, 000 90,000 __ $1,180,000 , $1,125,000 *This amount includes capitalized interest in an amount sufficient to pay interest on the bonds from the date of issue until the date of collection of sufficient tax increment revenues to meet scheduled interest payments when due. Subsection 1.10. Public Improvements and Facilities Within Redevelopment Proiect No. 1. Publicly financed improvements within Redevelopment Project No. 1 include but are not limited to: a. The acquisition and sale and/or lease of the parcels identified in Subsection 1.7. hereof; b. Soil corrections, including excavation and backfill; c. Installation and/or upgrading of utilities and other public improvements; 1 - 17 10 EXHIBIT I-A-4 DESCRIPTION OF ADDITIONAL PROPERTY WITHIN REDEVELOPMENT PROJECT N0. 1 AS MODIFIED FEBRUARY 26, 1990 Tax Increment Financing District No. 10 P.I.N. 11-30-24-31-0002 Tract A of Registered Land Survey #78 AS MODIFIED.DECEMBER 9, 1991 Tax Increment Financing District No. 12 P.I.N. 10-30-24-14-0049 10-30-24-14-0050_(included in proiect area only)_ 10-30-24-14-0051 11-30-24-23-0020 11-30-24-23-0021 I-A-4 1P EXHIBIT XIZI-E ESTIMATED II�ACT OF TAX INCREMIIVT FIN74NCING DISTRICT N0. 12 ON OTHER TAXING JURISDZCTIONS IMPACT ON TAX BASE ------------------ TAX CAPACITIES DISTRICT -------------------------------� AS � OF ENTITY TA7C SASE ORIGZNAL ESTIMATED fAPTURED TOTAI, --------------------------------------------------------------------------------------- City of F�idley 28,387,291 74,160 132,114 . 57,954 0.204� County of Anoka 142,014,229 74,160 132,114 57,954 0.041� ISD �l16 22,635,288 74,160 132,114 57,954 0.256� ENTITY ------------------------------ City of Fridley County of Anoka ISD �k16 Other IMPACT ON TAX CAPACITY RATE --------------------------- ��T POTENTIAL TAX CAPACITY TAX CAPACITY � OF TAX �� RATE TOTAL INC�1T INCREASE * ----------------------------------------------------- 0.15854 16� 9,188 0.032i 0.31400 31� 18,198 0.013� 0.48254 d7� 27,965 0.124� 0.06358 6�i 3,685 1.01866 100� 59,035 * Asswnes the construction would have occurred without the creation of a Tax Increment Financing District. If the construction is a result of Tax Increment Financing, the impact is �0. XIII-E-i I.L.�� EXIiIBIT XIII-E ESTZMATgp IMpA� OF T1UC INCREMENT FINANCING DISTRICT N0. 12 , ON OTHER TAXING JURISDICTIONS � IMPACT ON TAX BASE ---------TA?C CAPACITIES ENTITY ---------------- ISTRICT -- ------- ------------- T� �E ORIGINAL ESTIMATED ---- AS } OF _ ��D • --------------- TOTAL Csty of Fridl ----------------------- eY 28 387 291 -`------- County of Arioka 142,014,229 36,414 66,965 30 551------~------ ISD N14 36,414' S6,965 30�551. �•�08� _ 72,038,999 36,414 66 965 ' 0.022� � 30,551 0.254} ZMPACT ON T1U( C1�PACiTY RATE ' �� POTENTIAL TAX ENTITy T� CAPACITY � pg �"ACITY TAX �� City of Fridley--------------------------- RATE-------TOTAL-----IN�---INCREASE_*_ County of Arioka 0.15854 16� ---- TSD #14 0.31400 4,844 0.017} 31� 9.593 0.007� Other 0.49727 • 49} 15,192 0.04745 5� 0.127� ------- �.450 1.01726 100� 31,078 * Assumes the construction would have occurred without the creation of a Tax Financinq District. If the construction is a result of Tax Increment Financin _ impact is $0. Increment 9, the XIII-E-2 1��1 ?��•P CO`�� P \� �;��. �, M�NNESOS Barbara Dacy Assistant HRA Director City of Fridley 643? University Avenue NE Fridley, MN 55432 Dear Barbara: COUNTY OF ANOKA Ojfice of the County Board of Commissioners COURTHOUSE ANOKA, MINNESOTA 55303 612-421-4760 November 22, 1991 I would like to take this opportunity to thank you for your presentation at our County Board meeting today. Enciosed for your records is a c�rtified motion relating to your presentation of the proposed tax increment plans for the City of Fridley at the County Board meeting of November 22, 1991. If you have any questions, piease do not hesitate to contact me. JM:pd Enciosure Sincere'�, �� Jo �n "Jay" McLinden County Administrator Affirmative Action / Equal Opportunity Employer �� CERTIFIED MOTION Barbara Dacy, Fridley Assistant Housing and Redevelopment Authority Director, presented the proposed modification of the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through No. 11 to reflect increased project costs and increased geographic area within Redevelopment Project No.1, and the establishment of proposed Tax Increment Financing District No. 12 and the approval and adoption of the proposed Tax Increment Financing Plan relating thereto in the City of Fridley to the County Board for their review and comment as required by Chapter 273.74, subdivision 2 of the Laws of Minnesota. These plans are on file in the County Administration Office. STATE OF MlNNESOTA ) �� COUNTY OF ANOKA ) I, John "Jay" McLinden, County Administrator, Anoka County, Minnesota, hereby certify that 1 have compared the foregoing copy of the minutes of the County Board of said County with the original record thereof on file in the Administration Office, Anoka County, Minnesota, as stated in the minutes of the proceedings of said County Board at a meeting duly held on November 22, 1991, and that the same is a true and correct copy of said original record and of the whole thereof, and that said Motion was duly passed by said Board at said meeting. Witness my hand and seal this 22nd day of Novembe:r, 1991. s • J HN "J ' MCLIN N County Administrator RESOLUTION NO. A RESOLUTION MODIFYING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 TO REFLECT INCREASED GEOGRAPHIC AREA AND INCREASED PROJECT COSTS AND MODIFYING THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO. 1 THROUGH NO. 11 TO REFLECT INCREASED PROJECT COSTS WITHIN REDEVELOPMENT PROJECT NO. 1; AND ESTABLISHING PROPOSED TAX INCREMENT FINANCING DISTRICT NO. 12 AND APPROVING AND ADOPTING THE PROPOSED TAX INCREMENT FINANCING PLAN RELATING THERETO. BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Recitals. 1.09. It has been proposed and approved by the Housing and Redevelopment Authority (the "Authority") that the Council modify the Modified Redevelopment Plan for Redevelopment Project No. 1 to reflect increased project costs and increased geographic area, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, inclusive, as amended and supplemented from time to time. 1.02. It has been further proposed and approved by the Authority that the Council modify the Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through No. 11 to reflect increased project costs within Redevelopment Project No. 1, pursuant to Minnesota Statutes, Section 469.174 through 469.179, inciusive, as amended and supplemented from time to time. 1.03. It has been further proposed and approved by the Authority that the Council approve the establishment of proposed Tax Increment Financing District No. 12 and approve and adopt the proposed Tax Increment Financing Plan relating thereto pursuant to and in accordance with Minnesota Statutes, Section 469.174 to 469.179, inclusive, as amended and supplemented from time to time. 1.04. The Authority has caused to be prepared, and this Council has investigated the facts with respect thereto, a Modified Redevelopment Plan for Redevelopment Project No. 1 to reflect increased project costs and increased geographic area; Modified Tax Increment Financing Pians for Tax Increment Financing Districts No. 1 through No. 11 to reflect increased project costs and geographic area within Redevelopment Project No. 1; and a proposed Tax Increment Financing Plan for proposed Tax Increment Financing District No. i2, defining more precisely the property to be included, the public costs to be incurred and other matters relating thereto. 1U Page 2 - Resolution No. 1.05. The Authority and the Council have performed all actions required by law to be performed prior to the approval and adoption of the Modified Redevelopment Plan for Redevelopment Project No. 1, of the Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through No. 11, and of the proposed Tax Increment Financing Plan for proposed Tax Increment Financing District No. 12. 1.06. The Council hereby determines that it is necessary and in the best interests of the City and the Authority at this time to approve and adopt the Modified Redevelopment Plan for Redevelopment Project No. 1 to reflect increased project costs and increased geographic area; to approve and adopt the Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through No. 11 to reflect increased project costs within Redevelopment Project No. 1; and to approve and adopt the proposed Tax Increment Financing Plan for proposed Tax Increment Financing District No. 12. Section 2. Findinqs. 2.01. The Council hereby finds, determines and declares that the assistance to be provided through the adoption and implementation of the Modified Redevelopment Plan, Modified Tax Increment Financing Plans and proposed Tax Increment Financing Plan are necessary to assure the development and redevelopment of Redevelopment Project No. 1. 2.02. The Council hereby finds, determines and declares that the Modified Redevelopment Plan, Modified Tax Increment Financing Plans and proposed Tax Increment Financing Plan conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with the City's comprehensive plan. 2.03. The Council hereby finds, determines and declares that the Modified Redevelopment Plan, Modified Tax Increment Financing Plans and proposed Tax Increment Financing Plan afford maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of Redevelopment Project No. 1 by private enterprise and it is contemplated that the development and redevelopment thereof will be carried out pursuant to redevelopment contracts with private developers. 2.04. The Council hereby finds, determines and declares that the approval and adoption of the Modified Redevelopment Plan for Redevelopment Project No. 1; of the Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through No. 11; and of the Tax Increment Financing Plan for Tax Increment Financin� District No. 12 by the City is intended and, in the judgement of this Council, its effect will be to promote the purposes and objectives specified in this Section 2 and otherwise 1V Page 3 - Resolution No. promote certain public purposes and accomplish certain objectives as specified in the Modified Redevelopment Plan, Modified Tax Increment Financing Plans and proposed Tax Increment Financing Plan. 2.05. The Council hereby finds, determines and declares that proposed Tax Increment Financing District No. 12 constitutes a"tax increment financing district" as defined in Minnesota Statutes, Section 469.174, Subdivision 9, and further constitutes a type of "redevelopment district" as defined in Minnesota Statutes, Section 469.174, Subdivision 10. 2.06. The Council hereby finds, determines and declares that the proposed development or redevelopment in proposed Tax Increment Financing District No. 12, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. 2.07. The Council hereby finds, determines and declares that the City made the above findings stated in this Section 2 and has set forth the reasons and supporting facts for each determination in the Modified Redevelopment Plan, the Modifi�ed Tax Increment Financing Plans, the proposed Tax Increment Financing Plan and Exhibit A of this Resolution. Section 3. Modification of the Modified Redevelopment Plan for Redevelopment Proiect No. 1. 3.01. The modification of the Modified Redevelopment Plan for Redevelopment Project No. 1 to reflect increased project costs and increased geographic area is hereby approved and adopted by the Council of the City of Fridley. Section 4. Modification of the Modified Tax Tncrement FinancinQ Plans for Tax Increment Financina Districts I�Io 1 throuqh No 11. 4.01. The modifications of the Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through No. 11 to reflect increased project costs within Redevelopment District No. 1 are hereby approved and adopted by the Council of the City of Fridley. Section 5. A�proval of the Tax Increment Financing Plan and Establishment of Proposed Tax Increment Financinct District No 12. 5.01. The establishment of proposed Tax Increment Financing District No. 12 within Redevelopment Project No. 1 and the proposed Tax Increment Financing Plan relating thereto are herebyfapproved and adopted by the Council of the City of Fridley. 1W Page 4 - Resolution No. Section 6. FilinQ of Plans. 6.01. Upon approval_and adoption of the Modified Redevelopment Plan, the Modified Tax Increment Financing Plans and the proposed Tax Increment Financing Plan (collectively the "Plans"), the City shall cause said Plans to be filed with the Commissioner of Revenue. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY THIS DAY OF , 1991 . WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK l �.� EXHIBIT A TO RESOLUTiON NO. The reasons and facts supporting the findings for the proposed Tax Increment Financing Plan for proposed Tax Increment Financing District No. 12 as required pursuant to Minnesota Statutes, 5ection 469.175, 5ubdivision 3, are as follows: 1. Finding that proposed Tax Increment Financing District No. 12 is a"redevelopment district" as defined in Minnesota Sta�utes, Section 469.174, Subdivision 10. Proposed Tax Increment Financing District No. 12 consists of four parcels of land which qualify as a redevelopment dis�rict under Minnesota Statutes, Section 469.174, Subdivision 10.. The district contains a structure of approximately 135,000 square feet. The structure was previously used by Totino's Pizza for the manufacture of its foad products. This facility was closed months ago and substantial effort has been made to sell the building. The building is essentially a single purpose building with numerous partitions. It has seven different ceiling heights and was expanded several times as Totino's business expanded. The building needs extensive repair and reconstruction to make it usable. The developer (McGlynn Bakeries, Inc.) has estimated the rehabilitation costs to be approximately $4,800,000 which is substantially more than the present value of the building. 2. Finding that the proposed development or redevelopment, in the opinion of the Council, would not occur solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary. City staff has reviewed the available costs for the development including the costs of rehabilitating the existing structure. Due to these high costs, the project would not proceed in the reasonably foreseeable future without the City's assistance. 3. Finding that the proposed Tax Increment Financing Plan conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission of the City of Fridley has reviewed the proposed Tax Increment Financing Plan for proposed Tax Increment Financing District No. 12 and has determined that the proposed Tax Increment Financing Plan for proposed Tax Increment Financing District No. 12 conforms to the comprehensive plan of the City. 4. Finding that the proposed Tax Increment Financing Plan for proposed Tax Increment Financing District No. 12 will afford maximum opportunity, consistent with the sound needs of the City as a whole for the development or redevelopment of Redevelopment Project No. 1 by private enterprise. The project to be developed (industrial/commercial facility) will be located within proposed Tax Increment Financing District No. 12 and will consist of the 1Y rehabilitation of the existing building. The rehabilitation wi1Z eliminate a blighting influence, increase the tax base by approximately $2,000,000 in market value and provide additional job opportunities. This project will enab�e the State of Minnesota to preserve or retain 314 jobs and create 116 new jobs for McGlynn. The City of Fridley can anticipate 200 jobs with the initial opening of the rehabilitated facility. When McGlynn has fully completed its first phase of setting up its production for retail outlets, the number of employees should increase to approximately 250. In addition, there should be an annual increase of 5 to 10 positions at the Fridley facility with the potential of adding another 200 jobs. 1Z i _ � DATE: TO: FROM: Community Development Department PI�ANIVING DIVISION City of Fridley December 5, 1991 William Burns�City Manager Barbara Dacy, Community Development Director SUBJECT: Resolution Authorizing Construction of a Garage Within a Utility Easement over the Vacated Alley, East of Lots 25 and 26, Block 5, Hyde Park, by Wayne Johnson Background On October 7, 1991, the attached resolution was presented to the City Council to permit Wayne Johnson to construct a garage into the newly created utility easement over the recently vacated alley. The City Council tabled action on the resolution in order that additional time could be made to review the revised location of the garage. Request On November 27, 1991, Mark Winson and I met with Wayne Johnson at the site and also at my office. Johnson intends to provide a three car garage and a parking area for three spaces in order to meet the City's code requirement for two parking spaces for each unit (the building is a triplex), one space of which needs to be an enclosed garage. The revised plan, proposing the garage on the south property line, will not change the amount of impervious surface because he stated he had proposed to do the same parking arrangement for the original plan. Johnson also agreed to a potential drainage plan. Finally, Johnson also submitted a letter from the property owners on the south verifying that they have no objection to the revised location (see attached). Recommendation Staff recommends that the City Council approve the attached resolution as presented. BD/dn M-91-868 2 Councilman Billings stated that he would like to owners of Skyline Veterinary Hospital on the exc have done in providing the City's animal control,� B. mpliment the :nt j ob they ices. Ms. Dacy, Community Development Direct r, stated that this property is located in the northeast corner o Alden Circle and 71-1/2 Way. She stated that the variance is t reduce the rear yard setback from 25 to 18.7 feet to allow the� enclosure of an existing deck. She stated that staff had rec�¢immended denial of the variance because the property owner had�ther alternatives. Ms. Dacy stated that the Ap eals Commission recommended approval of the variance on a 3 to vote as they felt the variance would not have an adverse impac since there is adequate distance between the rear and the nearby djacent structure. MOTION by Councilman tzpatrick to concur with the recommendation of the Appeals Comm' sion and grant Variance Request, VAR �91-30. Seconded by Counci an Billings. Councilman Fitzp trick stated that if this home faced 71-1/2 Way, a variance woul not be needed. Councilwoman Jorgenson asked if the petitioner had a seven foot high fence. Mr. Hanl stated that at the Appeals Commission meeting someone stated e fence was seven feet high, but the fence is actually six feet gh. A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Nee declared the motion carried unanimously. 4. RESOLUTION AUTHORIZING CONSTRUCTION OF A GARAGE WITHIN A UTILITY EASEMENT OVER THE VACATED ALLEY EAST OF LOTS 25 AND 26, BLOCK 5, HYDE PARK: Ms. Dacy, Community Development Director, stated that this resolution is to allow the encroachment of a detached garage into a utility easement. She stated that when the petitioner, Mr. Johnson, went through the vacation, variance, and memorialization processes, one of the requirements of the vacation request was that Council pass a resolution authorizing a specified distance of encroachment in the retained easement and the City's conveyance of the east half of the alley to owners west of the alley. 2A FRIDLSY CITY COIINCIL MEETINa OF OCTOBBR 7. 1991 pAGE 8 Councilman Billings stated that at the last Council meeting, the time period was extended for the variance, and it was staff's belief that the petitioner may move the location of the qaraqe. He questioned how much green area would be left in the back yard if there is a deviation from the original plan. Ms. Dacy stated that she.asked Mr. Johnson which plan he wished to pursue, and understands he is considering a change from his oriqinal plan; however, he still needs a letter from the property owner to the south. She stated that Councilman Billings� comment is well-taken because there would be more green area with the original plan. Councilman Billings stated that although the numbers in the variance are the same, the location of the garage is a substantial change, and he would like some time to review the plan and discuss options. He stated the worst case scenario is�that this request may have to be processed again through the Commission, so there is a mailing to the neighborhood regarding Mr. Johnson's plans. MOTION by Councilman Billinqs to table this item to the November 4, 1991 Council meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. DRIVE: MOTION by Councilman Schneider to table this�tem. Seconded by Councilwoman Jorgenson. Upon a voice vote,� 1 voting aye, Mayor Nee dec2ared the motion carried unanimousl�/. 6. EI,ECTION: � MOTION by Councilman Billing to adopt Resolution No. 78-1991. Seconded by Councilwoman Jo enson. Upon a voice vote, all voting aye, Mayor Nee declared t motion carried unanimously. 7. INC.• Ms. Lisa Campbel , Planning Assistant, stated that this agreement sets forth the erms and conditions under which Recycle Minnesota Resources ma lease the property and run a redemption center at 350 - 71st venue N.E. She stated that this agreement is for a two-year eriod and expands the materials accepted to include magazi s. She stated that it is requested the $1.00 fee to lease the s' e be waived, Recycle Minnesota Resources' staff would•assist in forcing yard waste hours, and the City agrees to correct the inage problem at the site at a cost of about $150.00. � RESOLUTION NO. - 1991 RESOLIITION AUTHORIZING CONSTRUCTION OF A GARAGE WITHIN A IITILITY EASEMENT OVER TAE VACATED ALLEY EAST OF LOTS 25 AND 26, BLOCR 5, HYDE PARR WHEREAS, Wayne A. Johnson and Mary C. Johnson have petitioned to construct a garage on the property legally described as Lots 25 and 26, Block 5, Hyde Park; and WHEREAS, variance and vacation requests were filed; and WHEREAS, the City Council on May 16, 1988 approved a vacation request, SAV #8i-07, to vacate a 12 foot alley in Block 5, Hyde Park, lying north of the south line of Lot 22, and Lot 9 to the south right-of-way line of 61st Avenue; and WHEREAS, the Appeals Commission approved a variance on May 10, 1988 to construct a 22' x 40' garage within one foot of the rear lot line and three feet of the side lot line now created by vacation of the 12 foot alley; and WHEREAS, vacation request, SAV #87-07, required a utility easement to be retained over the entire portion of the vacated alley; and WHEREAS, the vacation request, SAV #87-07, required the garage location contingent upon passage of a resolution by the City Council authorizing a specified distance of encroachment into the retained easement; and WHEREAS, the petitioner has completed the necessary memorialization process to add the 12 foot alley to the certificate of title for the property; and WHEREAS, there are no City-maintained utilities located immediately underground or underneath said utility easement; and WHEREAS, there are overhead NSP wires; and WHEREAS, the City is willing to allow Wayne A. Johnson and Mary C. Johnson to construct the garage and to encroach upon the City's easement upon the following terms and conditions. NOW, THEREFORE, BE IT RESOLVED and agreed by the City of Fridley and Wayne A. Johnson and Mary C. Johnson as follows: 1. The City grants to the Johnson's the right to construct the detached garage over the utility easement as depicted..in the site plan shown in Exhibit A which is attached hereto as though incorporated in full. ZC Resolution No. - 1991 Page 2 2. In the event of an emergency, the City may without notice remove, alter, or dismantle said garage on its own accord. The City shall have no liability to Wayne A. Johnson and Mary C. Johnson for any injuries or damages which they may sustain as a result of the removal of the garage. 3. Wayne A. Johnson and Mary C. Johnson agree to indemnify and hold the City harmless from any liability, damages, or threatened litigation which the City may incur arising out of the usage of the garage. 4. Wayne A. Johnson and Mary C. Johnson further agree that if the garage becomes damaged or is removed due to the utilization by the City of its rights in the easement, the City shall have no liability or obligation to repair or restore said garage. 5. This resolution shall be binding upon Wayne A. Johnson and Mary C. Johnson and their heirs and successors in interest. 6. At the time that the garage is removed, the rights under this resolution shall automatically terminate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK 2D . _ __ ; � _ _ - -- ; . � �� . ,- - • �� t �. . . � � _. ��INDER ENGINEER�TG CO.,INC. ENGI NEE.RS AN� SUR�/EY4RS uNo ava��l�n�+o 901L, TE3TIN(3 � GIV1L y, t�jUN�ICIOAL ENOIN(EQINO � . LANQ Dt„A�►.ININO G418-SGT" 11vENVE N. , ' �- ' � MINNEAPOL�S 2T, MItJN. 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YOQ•4-7 a _ 2 w � � � y'--�r��1� � .��1/ � o . � � � 4� � . ._ . _ _ __. -. .. _. _ . _ _ � . . �,.,,.- _ ...--.... . _ _ . . ... ---� -- - -- .. , ._ . . i � 1 - ,_ -,-. . ;. . . sAV #s�—o� ' " � ``\'hnson ��INDER ��.�TGINEERING CO.,INC. ENGINEERS ANO SURVEYORS u.�o �vavt�r!wo �ptl� TESTSN3 CIV1L ` MyNIC10Al ENOIN(ERINO LAN� OWrN�NO ' G41 d- SG T" /l V E N V E N. . ' I�A11JlJEAPOI�S ZT. MINN. KE T- 3G3T ' � .. . �C � tr � R � u �[ �� ! �� I� �� lN t�''� �! `' . f , � _ . `' I��'� i - v � . . � ' � � '' ' . S S C '� �^� ' 1 £'l z r" � �t :� .. l � v -- ^� � t ii t�arc�s�e.:w�r........�... . . � -� c�' ,1 i �'/ � i.�-% ao � � CI% � S:�►t� I':3��' � Ceac�es Iron � r � �, I� � a '� '` 6C 63 G "C-Cdl 12 ? ?q M��S 12?.•� P�at � C �" � �- " ' � . ' ' ' ��.. .� � �RvPbS� D $��Lp1NC� 3' , • . '1.�� " � �►L° '� j Q � _Z � " � � . \\ �;.�---- ,;=��' _ ; ° IZg. rf! %'••,' � ��.'�� N'r_�� . . i .i • ;,>;r::, � / r ;�,�: l�. � y. Y,v,: �i; ,, .t i�'i: yy j:?h:�: <;;�:;� � j <>y::i �"n�:; ��'��t- � v,��' ��:{ � �'�:i� �'� y '�T? � S�iK� �� ,, ;�:.� r�.,�; �',F.;:%':3k �: �i t� }..: . r; >�: �. �� ' � - Z��-l� C�1�- � o�- s 2 S� 2 6 � B L O C K 5, K Y o� ��, �� .�c�� _ "'s MEQ:OY tER7�FY TaAT TM�S i5 A?RuE IWO CORRiCT RE�RiSENTA; �Oi�! OF P. Suti2� EY OF TME SOUNpIVZtE� Of TME NO Ac1Qvf �ESC:tiBED AtrO OF THE IOCAT�ON oF 7►Ll. 6�ltlO�NGS, IF 1WY, TKEREON ,/�N0 14'_ `��5:'bLE El�CQOACNME!1T5� '` �►►�Y, fR°T o�°" Sr�° u►"°. M�NOER cNGcr��E2!UG Cv., �NC. ,; �� D�►rcc TM�� J,S2 c+,r oc � CT �o.��s C'� gKCs��IlE Q� � iwo t•� ��t roa.� 12 � - � � y.:-�r.�,• -�� "=�- - � � O � --- - - �- -- -- -..�. - -- -..- _---_-:,-..... . ___..---- --_._--__�. � .�_�..,- .. _. ... - -- To: City of Fridley We give Wayne Johnson permission to build a garage approximately 22 % 40 on the south side of his property according to regulations of the variance agreed upon between Wayne and the City of Fridley. Sincerely, John & Raren Earley r\ � � � � . C�� (� ��\��; �,Q..�. � l 1 2G � y � ... . � � _ �� FRtDLEY ITER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 • PHONE (612) 571-3450 CITY ��j _TT. : MM �;� : :��+� ► �I M Wayne Johnson 11610 - 53rd Avenue North Minneapolis, I�I 55442 May 23, 1988 On May 16, 1988 the Fridley City Council officially approved your reqi�est for Vacation, SAV #87-0'7, to vacate the w�esterly half of the alley in 81ock 5, Byde Park, lying North of tbe South line cf Lot 22, extendc,�d Easterly and South of the North line of_ Lot 30, extendec7 Fasterly, all lying Fast of and adjoining' Lots 22 - 39, Block 5, eyde Park, generally located between 61st Avenue, 68th Avenue and between 3rd Street and University Avez�ue with the follawing stipulatia�n: 1. A utility eas�nent to be retained aver the entire portion of the vacated alley. 2. Petitioner t�o install a hardsurface drive to 3rd Street in conjunction with construction of the garage. ' 3. Garage location c�ntingent upon passage of a resolutio� by Council authorizing a specif�ed distance of encroachment into retained easement and the City's oonveyance of east half of alley to aaners west of alley. 4. Fetitioner to escrow funds with Public Works Department sufficient to cover curb work for cut can 3rd Street. 5. Aanpster to be fully screened. 6• Landscaping to be installed on the east side of the garage once completed to screen from University Av�ue. 7. Proper power line clearance must be maintained upon garage canstruction, 8 feet for over a flat roof, 4 feet over a flat roof, 4 feet over a slanted roof as per NSP requir�nents. � 8. Petitioner to past a bond or letter of credit to cover driveway improvement. An escrow for a City contractor i.nstalled driveway may be acceptable. If you have any further questions regarding the above action, please call the Planning Departlnent at 571-3450. Sincerely, I�v►�.Q. �• . • J es L. Robinson lanning Coordinator Please review the noted stipulation, sign the statenent belaw and return one copy to the City of Fridley Planning Department by June 6, 1988. ��I' L�.�l. � i �-1 '� � ��i � � I i tJ( ; _ � . ��oncur'�with action taken � CITY OF FRIDLEY M E M O R A N D U M �'� TO: WILLIAM W. BURNS; CITY MANAGER FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: MINNESOTA LAWFOL GAMBLING PREMISE PERMIT APPLICATION FOR THE FRIDLEY JAYCEES AT JOE DIMAGGIO�S DATE: NOVEMBER 26, 1991 Attached is a resolution apgroving the application for a Minnesota Lawful Gambling Premise Permit for the Fridley Jaycees, at Joe DiMaggio's, 1298 East Moore Lake Drive,. The Public Safety Director, James P. Hill, has approved the gambling permit. The Minnesota State Statutes requires the adoption of a resolution approving or denying any type of gambling of permit. 3 RESOLIITION NO. - 1991 RESOLIITION IN SDPPORT OF AN APPLICATION FOR A MINNE30TA LAWFIIL GAMBLING PRSMISE PERMIT TO THE FRIDLEY JAYCEES (JOE DIMAGGIO�S) WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Fridley Jaycees; and WHEREAS, the location of the Premise Permit is Joe DiMaggio�s, 1298 East Moore Lake Drive; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW,.THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to the Fridley Jaycees. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK 3A New ❑ ri ($�� .�� i ,�.Y�:'.: �. I�INW 7lx11b8f ; : `:. , ' � ' number � � �,.. . �. . - — - Bingo Occasions - - � , . ,; , , If appiying for a class A or .0 permit, Sll in days and beginning & ending hours of bingo oocasions. • No more than seven bingo occasions may be conducted by your,Q�anization per week. Day Begi�uzing/Ending HouTS Day Begl�u�ii�g/Ending Ho�us ��-�r� �� Day � Hegtncuiig JEnding Hours ,� , ,,� �:��~� �. � f �;� � ` ' ��J �} . t 3 ' Y . T.% {,;.: . . . . - t0 ' . � _ j.�s � . tA � � •' v : , ;.., , _ - - _ 'to , If biago �vill not be condnctad, chec]t h�re _ _ �. - Is the premises located in city timits? .�Yes � No if no, is �wnship p organaed � unorganized C� �� City artd County where gambGng premises '�s located OR Township and County where gambG�g premises is bcabed if outside of city Gmits �( i �X � P�.n /�x� � � _ I _ . —_ Name a ress of legai owner of premises Ci . • �l". � _ /1!/J . - _ J•✓S• �( ve- � o Does your organizatio the buil�ng where the gambling will be ucted? p YES � NO ._ If no� attach the folbwing: : `' . , • a copy of the lease (form LG202) with �ms. for at least one year. . , ' a copy of a sketch of the floor plan with dmensions; showing what ponion is beu�g leaaed. A lease and sketch are not required for Class D appGcations. � a /%%a e-e� ry �`re� ' �i�,`� = � S o'� �,, " ;� .<_. ; F� � S ! . . .,.. �.. nA+41ttL,iK��i Le'C' +S � •..,a �� r� . �`�, TG' �� } ' ^"'�+'�: � ,, ya 4'wr .� wr.aa . . ' � ��'Gam �� '- ��I;here�a _._ .K. ;;.�.�,�aboard.or'a } t. , ' . . .t . ,. �..-'cri��`-3��"^. i� may enier ine pre��s �v vrnvrcx �nn ww �Bankaltecoids Information�� ' �- • S5 �5� . . � " � The board is authorized to insped the, bank reco�i � gambiing accourit whenever necessary. to fulfill = requirements of current gambling tules and law �_ Oath : � f dedare that• ' �I have read'this:application and all infonnatwn su to the board �s true, axurate and oomplete� ��: , � + 4 �-_.... -•all other,required tnforir►ation has been fuly disd� " t-'��_ ;� .�� ' V 1 . � r� ucensec�, to at�we dy tnose �aws anu ruies. -- •�'« � ame�dments to them; ..'; . - �nges in appiicaUon infomiation virill,be submitted y �ard an�d_ local unit of gcivemment within 10 days= � iange; and. . . ., ; starid that faUure to prov�e required �nfo�mat�on , _: iing false,or m�sleading'infomiation may;resuli in: , �Sign ture of chief e officer ��'� <.� �.�� x , - , � „��, � k,� � q�,�et��»�a".�'�` �r �. ��A� ye:'+S v�e!'UaZB � ,�� .. a �* �w.� �.s' • > ' � t � � c 3 -� c � ".� ss.�! # G r° J�. f �� :. .�„e�� . l., tt ,�q.,� � �.: .. a 5.� .� �� + . .,.,03 a3� � Y�14s� '+eF�'��'.+'� � Y .�e ° "s. �' �;n � ' r .�� .� _ : ..� •.�. ;� _< a l _%� �-3'- ./ .� .. . . �Fvf•)'.�,,f,.G�C.,.�'Cft� :: ..,.r�J ^�(��•fas�•',+��. f :..: .,r... . . ,��f " i '2cu 'f. "��'rX� f .�Z. : �� " i . :C,+3FF�{ .GZt4C } Y �c��: mrxt�h:�.�� j� , . � ..,•;3i:i:�?N.•r%M. fl.•iY3:5•$MtitihYil}�+J:^:.JS}r::^:!v:K+.!M�}�/.O'y�.+Yn�:N:fiiS7it1T.'UC�I�N'..:}}A%46:Y .. .• rs. . . .i7.4..riY�. - . . . . . . ... . .. . . .�. �"f - ' . - : ... . . .: . ` �`' k � 4'�A �o�v of the locaf unit of overnmerit's resolution ao- 1. The city'must sign this application'rf the gamb6ng prem ; g rovinq this a{�lication must be attached to this an�lication. ises is bcated within city limits. " ` :� 5. If this appl'ication is denied by the bcal unit of government, 2. The courrty •'AND township'• must s�gn this appl�caUon if '�'shouid �not be submitted,to the Gambling Control Board. the gambling premises is located within a townsh�p. '< ' ' _ 3. The bcal unit govemment (c'ity or`county) `must pass a,". Township ;By sxjnature bebw, the township acknowledges resolution specificaliy approving or denying this application. .;: :�� e organizatw� is applying fo� a premises permif within, - township limits. Cit t or Count ** . . .:. .. Townshi ** ;. City or Counry Wame h�.1 �' Tawnship Name . ' _ ; `: :i ' . .:, :. .. .' t -. t L S .i � ' ' � '_. . . ' , • _ 4 � .. ' .. ..... . _:y . , . , _x - : � Signature o ivin appli �F ,� S�gnalure'of person reoei�rin9 aPPI'�cation _ 3 / , � �!� TiUe I Date F�eceived Tide Date Received (�!�� / —oZU '� _ I Refer to the instructions fa required attachments. :';' , Mail to: Gambling Control8oa�d Rosewood Plaza South. 3rd Floor 1711 W. Counry Road B Rosevllle, MN 55113 �� LG214(Part 2j (Rsv7/2�91) CITY OF FRIDLEY M E M O R A N D U M TO: WILLIAM W. BURNS; CITY MANAGER FROM: RICHARD D. PRIBYL� FINANCE DIRECTOR SUBJECT: MINNESOTA LAWFUL GAMBLING PREMISE PERMIT APPLICATION FOR THE FRIDLEY JAYCEES AT SANDEFS�S DATE: NOVEMBER 26� 1991 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for the Fridley Jaycees, at Sandee's, 6490 Central Avenue Northeast. The Public Safety Director, James P. Hill, has approved the gambling permit. The Minnesota State Statutes requires the adoption of a resolution approving or denying any type of gambling of permit. 0 RE$OLIITION NO. - 1991 RESOLUTION IN SIIPPORT OF AN APPLICATION FOR A MINNESOTA LAWFIIL GAMBLING PREMISE PERMIT TO THB FRIDLEY JAYCEES (SANDEE�S) WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota Lawful Gambling Premise Permit for the Fridley Jaycees; and WHEREAS, the location of the Premise Permit is Sandee�s, 6490 Central Avenue Northeast; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to the Fridley Jaycees. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK . . Y � f} r - . t C T � .,. �. y � �. . 't�T yF ." � ' � j •(. � '� . y j�) ){�p � .. . . . . . ;?{ ..w+� sd � ��:� ...�.J6'� r.14� �F".F'.r.� �F?C.w..`5^•t� � �� _ � �� f7011eW� L_� . _. . y .. . . -' �� 1E.t��'R�Q'�W ��YQ�L . (. Pf8Rli5@S j18ri111i �1UR1�'1@f ,'" f U ❑ N� ,; � ' tir c°r .s a qri� �.t ;.=��a :;. af��. � �. at -� � � R � �, i �: , � �.- } . r;" k4+ d• ',� • ,'e h'tr� .� l � ��i� f . � � _ _ x�,£ IY81T1@ W VI u.. y .��.. • F `u ' BUSIt1@SS A r . ': FOR BOARD USE ONLYr :a:� ; w J 1 yt� ~ , w� e f � . . � . . �.h�i_-.�r. . .. . �4`_. _ Y . �'. - - . - _ , .. _ , � . ` • ; "� B (5250) Puq-tabs. dPboa�s. Paddewheels; iafHes .� ` Q C (5200) Bin9c cniY a ; �� '� �c. �E,,,�a . .... � . a, �y s:� , �, � .., 4 f+.`�.iE� -•'x'-u•uza.�:c' a...v :�e..f' L'°1..�.�� .�'_ -- - — } — , � .Y. 3 _ .,... . �._ . . .. :1.{;.s rc..3. . _ . .. -2.',�r..._`h , . .,. . . . r; d� r` .- ,, ,�,. x r . i - -- _ . , - . :� y � � , . � aX Uv . : . ::_ . _<:- ,. . ; . _. . _ .. Gty . -. State T.ip Code Cou Daytrne phone nwnber ' � Fr�� ` /l�. .-S� - a (6! ): .BO-�u� - Name of chief e ' o� (cannot be yo� 9ambGn9 mana�e� . Title : Day6me phone number a �.o • . k ; (6l0� � -- I77� Bingo Occasions � - .�. < If appiying for'a class A or .C.perniit, flll ir� days and beginning 8c ending hours of bingo :occasipns : ' No'mor�.tiian seven birigo occas - , Day yBegtnniag/Ending Hours 7{�� " � . '�t _ t.0 - � �: tn ns 'may tie�conducted by jrour o�anization per week. < ;' ��..T.,�P _ � �ay ��nni�E�inBHours <`" rt� � DaY `.,Begiiinin8 /F.ndin8 Hours � ;y F'`1„"�� , v� - , _ ._ , ,.. '.' 'a S( �j- >:j- �..,: . :: . � $� g �t+h _ -.- _ .. - , . . .° — , , , , . .' x . � t0 �� . LO LO ;,, � : , _ .. . . _.-.;. _... .•_ - biago Will not be condncted. check here � Is the prerruses located within city �miis? ,:� Yss : O No !i r�o, is township � aganized � unaganized O uninoorporated City and County where gambli�g prem'�ses is located OR Township and Cou�ty where gambling premises is bcated if outside � aty Gmits r� _nt n 1 /_. i Name and -. a oopy of the lease,(form LG202) with Lerms for at least one year ,. ,: • a copy of a sketch of the floor plan with dmensions. showing what portion is being leased. A lease and sketch are �ot required for Class D appGcations. c�ry . �r �'d.l�., ' ; �= � .,,, r : �� . s�;;� .:�� , Bank Name�� _ :..,_., .. �_, r, ` f ► � IT ��7�� :��."^', ::%� t.G.`:'t°.i'Y�.i+;r..�,<,...�,.�'�:1:'N:_. . ,.�<re'1....::�f+'a'�.�. ma enie ine, rem�ses; zo enrorce ine iaw �� _. . . .. .. ,.. .. , � , ytt� �. ,:t �w�,�ap = . � � Bank Records Infoiaiation rt .. i,: The board is;authonied to irispedthe:bank�re . gambling account whenever necessary;t'o fu�il requiremen,ts of current gambting rules and la� Oath I dedate that - �i have �ead this;applicatbn,and all info`imaib� to the board is uus. accurate ar�d aomplete, �� -a11 other:reqw�ed,infor�.maUon has been�fuliy,�d . �,Signafur of chief `' . off�ce� �"�:�� ; , � - 's. _ E ., g,i .. _ � : -�w�: r t� �* � � r�. � `"f�;:r.� �� ,_� :� , � ,�� !`� _1 x . `'b5 ..... . .. _ . . . . ... .,.. ee,'if licensed, to abide by those uding amendmenfs to them; � ° jr changes in'application inforrtia fie�boatd and bcat unii of goven he change;'and nderstand that failure to provide ii!ovtd�ng:false or misteading iiifd �. �� vill be sulirtiittE t within 10 day , � _ ,-F:� . _ .. .. � , _ � Yti - �r .rv .sl. .r�°'�,r'�-� �- 3 af -. . �.�.� � 'w �, � a _ c F,'.3' � �� i�' �C v` { "Yf�' �'r � F� / '�>' �" � � ' X � ��. � F:� � � �'�} ,tt*e..` . �r'' A ; . ! /��_ '� r.k. •t ��,� .,.y . .. . „ �. . � . . 7r {- .r.•r. ,t...a; .. : .. . . . _.. � �� . 4 , ��a Y�� m'�. � ..� : r , � '�_ � . � �..�Y.rr,r:»:';oP:.as • .. .a r.nin>. a:•,.•:... ,4r�Si. .rxts+�i�ax+rr. .. �rx.:.L+'.a+ . ,o. T'~ ' - . ,. . .,. ��. . :...... . . . ; • .:..:: y�.... . :- ""'__'_ . , _ � , . _ �r:-: . 1. The city'must sign this application 'rf the gambling prem- 4' A co�y of fhe local unit of governmertt`s re�l��!�on o-� ises is bcated within dty limits, : RL4Yt0.9�Sk��r�cation must be attached to this ar>olication. � 5. If this application is denied by the locai unit cf government� .; 2. The county •'AND township•• must sign this applicatwn if . � - the gambling premises is located within a township.. -:: _• tt should not be submitted to the Gambling Control Board. 3. The bcal unit government (city o� county) must pass a �� Townsfiip: `8y signature bebw, the township adcnowledges � resolution specifically approving or denying this applicabon ��;, �� the organization is applying for a premises permit within . - township limits. .,,; Cit • or Count ** : . • - '. . .. Townshi �* . City or County Name �:� �� t Township Name /� !`` c �w,V.� ��,,� t � � \ � e p. . . , . : : . .. '. ..: .. - � .� . -:� . . .: � •' . . •. . Signawre o ivin ppiication ',:� , S�gnahire of perso� reoeiving appi'�cation .., ` � ' G.-Q _ . Tid , Date Recenred Title � Date Received ��v � , : . a� .�� `' � � , Refer b instructions (or required attachme�ts.° : Mail W: Gambqng Control Board Rosewood Pia� South, 3rd Floor 1711 W. County Road B Rosevlile, MN 55113 ' 4C LG214(Part 2) �R.,,�r�,, TO: FROM: SIIB.7ECT: DATE: FINANCE DEPARTMENT � �� MEMORANDUM WILLIAM W. BIIRNS; CITY MANAGER RICHARD D. PRIBYL� FINANCE DIRECTOR SEWER RATE INCREASE December 2, 1991 Attached you �aill find a resolution that increases sewer rates along with some information that I presented to Council in one of the past Conference Meetings. Exhibit 1 shows on a projected basis that without an increase we are anticipating a loss of $253,816. As I mentioned in the Conference Meeting, the projections are only based on a breakeven analysis with no built in profits. The main cost that the City has in the sewer operation is the disposal charges through the Metropolitan Waste Control Commission. Since 1988 the disposal cost has increased by 29�, this expense makes up approximately 74� of the operating cost of the sewer disposal activity. I am proposing that the quarterly sewer billings be modified as follows: RESIDENTIAL QUALIFYING SENIORS ALL OTHERS CURRENT BILLING PER QUARTER $24.65 $ 7.80 $ 1.08/1,000 GALLONS MINIMUM BILLING OF $24.50 PER QUARTER BASED ON 25,000 GAL. PROPOSED BILLING PER QUARTER $28.35 $10.00 $ 1.25/1,000 GALLONS MINIMUM BILLING OF $31.25 PER QUARTER BASED ON 25,000 GAL. I am also recommending that since the MWCC is such a substantial portion of the cost to the sewer operation that the City Manager have the authority on an annual basis to increase the sewer rates in the same percentage as the annual increase to the MWCC charges. RDP/me Attachment 5 RESOLIITION NO. � A RESOLUTION PROVIDINQ FOR BEWER RATE INCREASES FOR 1992 AND THEREAFTER PROVIDING FOR ANNOAL INCREASES AS METRO WASTE CONTROL COMMISSION CHARGES CHANGL WHEREAS, Section 402.13 of the City Code provides that the City Council shall have authority to set sewer rates, and WHEREAS, the Metropolitan Waste Control Commission (MWCC) disposal charges to the City's sewer fund are increased annually and comprise the largest percentage of the fund's expenditures, and WHEREAS, based primarily on the increase in MWCC disposal costs for 1992, the sewer fund would incur a net loss in absence of a sewer rate increase; NOW, THEREFORE, BE IT RESOLVED, that the following rate schedule shall be effective with the January 1, 1992 billing: SEWER RATE SCHEDULE (a) "Single Family" Dwellings (Including Townhouses) (b) Qualifying Senior Citizen's Rate (c) "Al1 Others" (Including Multiple Dwellings, Trailer Courts, Commercial, Industrial) $28.35 per quarter $10.00 per quarter $31.25 per quarter - minimum based on 25,000 gallons Over minimum - $1.25 per 1,000 gallons, based on winter water usage. ALSO, BE IT RESOLVED, that the City Manager shall have the authority to annually adjust sewer rates by the amount of the percentage change in the annual Metropolitan Waste Control Commission charges. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM W. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK 5A CITY OF FRID�EY PROJECTED SEWER RATE INCREASE MWCC COST PERCENTAGEINCREASE >::<:::>:«:;:<:: �:>:<:>:;::»>:::::;:;:«:::: � ::::>::<>::;�::;:::>:<::<::<:»>::>::>::>::>::;::>::>::»::>:<:>::>::>::>::>::»::::;:>::::>:>::_>:»::;:: ,...: �:> .......::. :: . :::: ::..... :.:: ::...:.........:.... ::.:...:...:..:...::::.:<.:<-;:.;:.;:.:;.;:.:;.:<;;.::.: ;1i!JC��1�.�,;FROM .`f;��_.±t'�!..1'�92;:<:<::::>:«<:;':>::::»:�> ::>>::> OPERATING REVENUES OPERATING EXPENSES NON—OPERATING INCOME � '�� :":::��:::»:::::::� ::::: <::::>::>::>:;;: .� � . � ��: � ;: ;:: : ::.:;.;> : . : : � : : : : : : : : .: ;:.; : .�: �:xz�::::a ..... .. ..... . . . . ....... . ...... . .. .. . ...... . ... ... .. .... . ... . REVENUE iNCREASE TO BREAK—EVEN EXHIBIT 1 ACTUAL ACTUAL ACTUAL ESTIMATED BUDGEf )988 1989 1990 1991 1992 1,306,604 1,382,052 1,471,997 1.533,348 1,686,098 5.779/0 6.51 % 4.17oi6 9.969�0 1,585,820 1,647,577 1�782,122 1,826,075 1,833,452 1,761,864 1�$80,819 1,971,261 2,065,029 2.267�271 163,056 148,799 199,496 180,612 18Q,003 - :.. _ ;;:_;:>:::_.. �.� ��aa}. ... '< - f$� �a i�i 'i` : �} #� : : :: __....... . .. ...... .......�� ........:.� :.��:. ..... .. .... ................. ...... ......... ..........._........... ........_................. ..�i......... .............. ......�? ......... .. _.....�......l........./........_.__1......# .... ........ .....�. .. . .. . �...... ... ...... .. ....� ............ ...........�......�.........�.. ........................... ............................................................ _..................................�'e�......... . ............ ....... PP l A RO XIMAT�::> ;��;.>:::;:>.:::::_:.:>._>::>:::::>.::<:::>:::::>:<::>:«::<::<::_.':...<�:`;.:`:.:;«::>. �:, �Ft��I��N�ED�t1['�'�i BREAK—EVEN RESIDENTIAL—SINGLE FAMILY 4UALfFYING SENiORS . � ALL OTHERS(MULl'IPLE DWELLINGS, TRAILER COURTS COMMERGIAL, INDUSTRIAL) PER 1,000 GALLONS : 253,816 CURRENT f'fl�R�E�;' ........................ COST PER COST PER QUARTER QUARTER 24.65 28.35 < ; :: :; `:.;;7.�80,: 10.00 : $1.0:8; $1.25 r _ � J DATB: TO: FROM: BIIBJECT: Community Development Department G DIVISION - City of Fridley December �, 1991 William Burns,0'City Manager Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #91-33, by Steven Hunger, 501 Glencoe Street N.E. Attached please finci the above referenced staff report. The Appeals Commission voted unanimously to recommend approval of the following variances: 1. 2. 3. To allow repairs to a structure even though the repairs constitute more than 50� of the fair market value. To reduce the minimum lot area from 7,500 sq. ft. to 7,460 sq. ft. To reduce the side yard setback from 10 feet to 4.8. feet. The following stipulations were made as a condition of approval: 1. 2. 3. The petitioner shall provide a hard surface driveway by August 1, 1992. . The petitioner shall upgrade the structure to meet current building code requirements. The petitioner shall install new windows and exterior doors, re-side, and re-roof the entire structure. Staff recommends that the City Council deny all the variances except to reduce the minimum lot area from 7,500 sq. ft. to 7,460 sq. ft. The cost to upgrade the structure clearly exceeds 50� of the fair market value. MM:ls M-91-864 � � � � STAFF REPORT APPEALS DATE November 12, 1991 CITY OF PLAN�pNG COMMISSION DATE FIZIDLEY CITY COUNCIL DATE 1�eaember 9, 1991 AuTt�oR �/ls REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA S1ZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONING llf�.fT1ES PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIBILITY WITH ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENOATION APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION VAR #91-33 Steve Hunger See Public Hearing Notice 501 Glencoe Street N.E. 7;460 sq. ft.; .17 acre R-1, Single Family Dwelling �1, Single Fainily Dwelling 1� the W, N, & E; C-1, I�pcal Business, tA the S See Staff Report Approval with stipulations VAR 4�91-33 Steven Hunger � � . . _ , 1 - . j Q� � � e�(�� . �RNER � � : . � • w.. �.w \ J • � � M. I/1 COqNER , . S W+. :..!1 �� .� .."IS�!"._ . 1 ..y S __4"_ _ . y ��i.� � -' �IG �._. -. • �.R�. .r... • . 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OCATtON MAP ITY � '1,� � � r �� ,�... ,,, },�.�,• = � , 1.�'r[�� • �.�� . i �. . -�• :N�1� . .: r_ �. ��:�� /��, ` � 11' • . .� "'�� , � ,z•rja� � �� L �� .[�1�1'�S� I� �' �� ,�� .�� , ._ IG r : � i % OF 1��• . z: VAR ��91-33 Steven HunQer .. �J -__-_._ � . ..__.._ i � �,� ,_ � � � _�. '� � Q� � ``�� ,, .� `}:� � �''� -� ``^� � � : � .,,:� � � �:: � `:'�. ',� �� ,'��, � � � � � � �..; � -.� `� �� ,c� \ � �;,'»� -� � •� . � �,' . ; � � , -'"� � � � '� � _ ; ,,��_�`. : �� .� a �� : ri..� _� �/i� � 'riI///� ' �� Q�r� �� _�' �I. �� _ � � :m�:��i , ��! � � � � , __s� ��. ,,, � � � �� , _. , � � � �� • I ��" ' � . �, r ` ,� � � � � z , . ..� : •.•�•; ��, .•.,. .� ��: .�.�,� `, ti ,� ' � ` ea . .,. < k t ''�� Q t •�..�� . � �'��"f'� •� �� ly ` �� '` � !' y ��' � • � 8 { � �� " �0. �� \ ,� • - �'� � _ . ` � �1 ' � . .« . � Z �. d s F 1 - . . :,, • • ... :' ' �,13£ � �• �� • � � • • � . ZONING MAR Staff Report VAR #91-33, 501 Glencoe Street N.E. Page 2 A. STATED HARDSHIP: See attached letter. B: ADMINISTRATIVE STAFF REVIEW: Request 0 The petitioner is requesting that four variances be granted. 1. To allow continued nonconformance of the structure when the necessary repairs to upgrade it constitute more than 500 of the iair market value of the structure; 2. To reduce the minimum required lot area from 7,500 sq. ft. to 7,460 sq. ft.; 3. To reduce the required side yard setback from 10 feet to 4.8 feet; The variance request would allow reconstruction of the vacant single family dwelling located on Lots 10, 11, and 12, Block H, Riverview Heights Addition, the same being 501 Glencoe Street. The City's records indicate that the home has been vacant since June 29, 1990. Site Located on the property is a vacant single family dwelling unit. The property is zoned R-1, Sinqle Family Dwelling, as are the properties to the west, north, and east. C-1, Local Business, zoning is located to the south. Analysis Section 205.04.03:B allows upgrading of a nonconforming structure to a safe condition, provided the necessary repairs do not exceed 50% of the fair market value of such structure. Public Purpose served by this requirement is to provide an opportunity, when nonconforming structures and uses are damaged more than 50%, for the City to bring them into compliance with current codes. Section 205.07.03.A.(2) requires a minimum lot area of 7,500 sq. ft. where a lot is one on a subdivision or plat recorded before December 29, 1955. . � Staff Report VAR #91-33, 501 Glencoe Street N.E. Page 3 Public purpose served by this requirement is to avoid the congestion of overcrowding in a residential neighborhood. Section 205.07.03.D.(2).(a) requires a side yard setback of 10 feet between any living area and side property line. Public purpose of this requirement is to reduce exposure to the possibility of fire and to allow for aesthetically pleasing open areas around residential structures. ProQosal The petitioner purchased the home from HUD and needs to complete rApairs to bring the dwelling unit up to today's zoning and building codes. These repairs include new plumbing, heating, electrical work, and the petitioner is proposing additional improvements to the home. The attached single car garage had been converted to living area, and the petitioner is proposing to add a new single car garage to the structure. The variances are required as the structure is nonconforming, and City staff believes the proposed repairs exceed 50% of the fair market value of the structure. In addition, Section 205.04.03.E of the Zoning Code states: "Whenever a lawful nonconforming use of a structure or land is abandoned for a period of 12 months, any future use of said structure or land shall be in conformity with the provisions of this Chapter." Therefore, to reconstruct the structure as it is located would require the petitioner to apply for and be granted the variances. Variance #1 Variance #1 is to allow reconstruction of a nonconforming structure when the necessary repairs to upgrade it constitute more than 50% of the fair market value of the structure. If the Commission approves this variance, the remaining variances are unnecessary as the property would maintain its lawful nonconforming status. ' The petitioner is proposing approximately $12,000 worth of repairs to the structure. The estimate provided by the petitioner is a materials-only estimate. Darrel Clark, Chief Building Official, states that it is the City's policy to include both labor and materials in all estimates on building permit applications. In addition, Mr. Clark states that labor is approximately equal to materials in any repair job; therefore, the total amount of the repairs is approximately 6E Staff Report VAR #91-33, 501 Glencoe Street N.E. Page 4 $24,000. The City Assessor has assessed the dwelling at $15,600, 500 of which is $7,800. It is clear that the materials estimate alone far exceeds 50% of the fair market value. Staff recommends that the Commission not allow reconstruction of the nonconforming dwelling as the cost of repair far exceeds 50% of the fair market value of the structure. Variance #2 Variance #2 is to reduce the minimum required lot area from 7,500 sq. ft. to 7,460 sq. ft. The subject parcel is a platted lot of record and to deny reconstruction of the existing dwelling or reconstruction of a new structure based on the lack of adequate lot area would constitute a taking and render the parcel unbuildable. Staff recommends that the variance to reduce the minimum lot area be approved, as to deny it would render the parcel unbuildable. Variance #3 Variance #3 is to reduce the required side yard setback from 10 feet to 4.8 feet. The existing structure is located 4.8 feet from the side lot line. If the Commission allows reconstruction of the dwelling unit, staff recommends that this variance be approved to permit the existing encroachment. However, if the Commission does not allow reconstruction of the existing dwelling unit and requires that a new structure be constructed, staff recommends that this variance request be denied, as the petitioner would then have opportunity to meet the required setbacks. Recommendation: The issue which the Appeals Commission must decide first is whether to allow reconstruction of the existing nonconforming structure, even though the necessary repairs exceed 50% of the fair market value. If the Commission approves the variance to waive the 50% requirement, variances 2-3 are unnecessary. However, if the Commission chooses to deny the request and require the petitioner to construct a new structure on the property, staff recommends that the lot area variance be approved in order to allow construction of a new structure. Staff's recommendation to the Appeals Commission is as follows: sF Staff Report VAR #91-33, 501 Glencoe Street N.E. Page 5 1. Recommend denial of variance #1 to allow continued nonconformance of a structure when the necessary repairs to upgrade it constitute more than 50� of the fair market value of the structure. 2. Recommend approval of variance #2 to reduce the minimum required lot area from 7,500 sq. ft. to 7,460 sq. ft. 3. Recommend denial of variance #3 to reduce the required side yard setback from 10 feet to 4.8 feet. Staff recommends the following stipulations as a condition of approval: 1. The petitioner shall provide a hard surface driveway by August l, 1992. 2. The petitianer shall upgrade the structure to meet current building code requirements. . 3. The petitioner shall install new windows and exterior doors, re-side, and re-roof the entire structure. Appeals Commission Action The Appeals Commission originally considered this item on November 12, 1991. While the Appeals Commission recommended denial on the 50� rule, the intent was to permit the petitioner to rehabilitate the house. The Appeals Commission reconsidered its motion regarding the 50� variance on November 26, 1991, because staff believed that the Commission made its decision based on an erroneous interpretation of the ordinance provided by staff at the November 12, 1992, meeting. Therefore, the Appeals Commission voted unanimously to recommend approval of all the variance requests to the City Council with the stipulations recommended by staff. Citv Council Recommendation Staff recommends that the City Council approve only the variance to reduce the minimum required lot area from 7,500 sq. ft. to 7,460 sq. ft. The cost to repair the house clearly exceeds 50% of the fair market value; therefore, staff recommends that the City Council deny the variances to the 50 % threshold and the side yard setback. 6G ENGINEERING 770R LAKELAtvD A��EfvUE i Scale �"= 30' / (iEOTEi:.HNICS F.�O. ci�SEU, nnihNESOT �. VAR 4�91-33 Steven HunQer �siro� � � ` . .��`P,� LAND SURVEYIN � . �HON(: t612�; . CERTIFICATE OF SURVEY Fo� ._ A 2--� H�.t sz, T r�� . .. �� Deriotc 'rcn Monumint � r \ 1 % , , ` � ; . 1l ,, • ^� ; • ;i . � ' / O i • � o ,``. �, �oTSlO, �l, A�.SO TH EAST�ZOF ` L o-�- 12 � g t,. c� c.,IL �..1 ` Q�vER..v �6�1✓ N6��x1-�Ts ` - � : ,, �'. �J i� � f � w� / A � 'O 1 �b O � �� .� �O �� , � � •,` �.�'� ab � `, 1 " 1 �' �� .. ' 1 .,; . ,� , ' 0 � ,�.�. .�NG1CA t�ou�,1Ty, MINn1ESC7 � _ j� � • Q �' � `� Q� '� � �� Gp�% ° � �i� � /�� -= y � - i We hereby certify thot this is u tr�,e ar�c1 c�rre�i represc'nt�I�oii rf a survey of the boundaries of the Id obove and of the location of oll buildings tlierei;r�, cind ull visible encroochments,� if any, from or' c As surveyed by me this _. .. .��.T.H.. :. . �iUy.of- _.-:..: .._ J.-�--N--� ---- . � ' " : - CASWELL and ASSO� sH SITE PLAN .� October 28, 1991 TO WHQM IT MAY CONCERN: When we purchased the property on 501 Glencoe Street, we were given the option of tearing down the house and building new, or bringing the existing house to code. We do not have the funds to tear down and build new, so we made plans to renavate. Our plans and material list includes much more than just bringing the house up to code. By changing the roof line, adding a garage and putting on new maintenance free exterior(vinyl siding, soffit & facia), we were seeking to enhance the property as well as the neighborhood. A new house in this area would...be more "non-conforming" than a remodeled house. The lot size isn't suited for a house'over 1,020 feet. Also, all of the homes on Glencoe are older, smaller remodeled homes, many which do not meet today's minimum sc;uare footage requirements. ". 1 It is a perfect area for the first time homeowner. We feel with today's economy, there is an urgent need for more homes like this. Many young couples cannot afford a new home. Our plans would provide a house lil�e new, but at an affordable price. I have been in the construction, estimating and remodeling business since i976. I understand and can see the difference between real prices for labor and materials versus inflated material and labor costs by greedy contractors. We have complete confidence in our plans and feel it would;,£it in nicely and benefit the neigborhood. If we are unable to go ahead with our plans, financially, I only have one option. That is just make the house inhabitable and rent or sell it as quick as possible. Plumbing, heating, electrical, paint, carpet � clean-up would be under your 50'� requirement. I am totally capable of doing {;he worlc on the roof and the whole exterior of the house, for a reasonable price if you don't include labor costs. I will gladly shos,r you references on request. By going that extra mile, this home could be so much better. � Our original plans were to have this house on the market by March. Now I won't even have an answer until December. We realize this process takes time, but hope you can see we are sincere in our intent to enhance your neighborhood. We are speaking for many people in the neighborhood who are tired of looking at a runned down property that by now could be looking like new if we could have gone ahead with our plans. Thank you for your time & consideration. Sincerely, Steve Hunger � � �p.Z�_`%/ �� s� CITY OF FZ2IDI�Y 6431 iJNIVERSITY AVF�t[JE N.E. FRIDLEY, I�i 55432 (612) 571-3450 •�nni i� wJ �' •��,_7� �.a:�._ q�li.' 1 �►ARIANC� AP��LIC�TI@T F�O�R'Ni PI�oPIItTY II�+ORI�1TI�i - site plan required for sub�nittals; see attached �aar�s: -So 1 G �� c o �-rR.�7 I�gal aescription: �.n`T� � O, 1/1 ��$� ��Z a� LO T � Z �� Lo G K�i Lat � Z B1ocJc t- Z'ract/Addition �� . ? � � cx�rent zoning: �-! 1 Square foatage/acreage �o �' „-� �12�. Reason for variam� and harclship: iN1��l�1- �v �Yh �T' �� • a`7 e C3 �� e�-� �� \ ��- O N /1�r�� '� b Section of City Code: ��3 S-' C� %' �� %� �t ��^ ia�• � i • �� r• •� �. � - r� i 1 , � � �;• a. �� •�� . , �� r ►• � �!t,f; P�'1'ITIOriQt II��ORi�I'1'ION Fee Owners must sign this form prior to prooessirig) � ' � ' vs � ��• �. r.�►. � �: �� i � • � •J � • r �� 's f��t�`4IM�v �7:::�.,I�1 a{ �4Y�1 ��..��__��_��..�__��__�_��_.,....__�_��_��__�_��___......__��__��_��__�__��.�...___�� Fee: $10D QO �; $ 60.0� � for residential properties -__ �� t � # q I =��?�- ��pt # �� - � y Application received by: ' r/�� 1'�l ��;yo,�� Sc:�ieduled Appeals Cairnnission date: Scheduled City Council date: ��__��_��__��_...�.��__�..�_.._�_��.r..._�.....,�__��__��.._�_�_��_�� 6J October 23, 1991 Steve Hunger 501 Glencoe Fridley, MN 55432 RE: 501 Glencoe Dear Mr. Hunger, You have requested that the City respond in writing as to why we will not issue a building permit for the above referenced property and to outline the options that you have. The subject parcel is currently nonconforming with both the Zoning and Building Codes of the City of Fridley. You are aware of the improvements needed to bring the building up to the current Building Code. The parcel does not.meet the Zoning Code in the following areas: 1. The parcel does not meet the minimum lot area of 7500 square feet as required in Section 205.07.03.A.(2). 2. The side yard setback of 10 feet as required in Section 205.07.03.D.(2).(a). is not met. 3. The structure does not meet the minimum square footage of -1,020 square feet as required in Section 205.07.04.B.(1). Section 205.04.03 states that lawful nonconforming uses can continue to exist in the zoning district; however, if repairs to the property constitute more than 50% of the value of the property, the property loses its lawful nonconforming status, and the property must conform to the current codes. The City Assessor has valued your dwelling at $15,600, payable 1992. Fifty percent of $15,600 is $7,800. The estimate you provided indicates that your materials total $12,214.70. It is typical procedure to include the cost of labor as well as materials in construction values stated on the building permits, despite the fact that an individual is completing the work rather than hired labor.- Darrel Clark, Chief Building Official, estimates that your labor costs should be an additional $12,000. This would bring your total to $24,214.70, more than 50% of the value of the dwelling. Because our typical policy has always been to include labor costs, and because your sK Hunger Page 2 estimate is over the 50� threshold, staff does not have the ability to administratively ignore the code and issue the permit. In order to receive a building permit, you will need approval of a variance in one of three ways. This is due to the property losing its lawful nonconfomring status as explained above. Your three options a�e as follows: 1. Demolish the existing structure and process a lot area variance for a new structure that would meet all code requirements including setbacks, building area, garage space, building codes, etc. 2. Process a variance request to waive the 50� requirement which will maintain the lawful nonconforming status of the remaining items (Lot area, setback, and building size) . 3. Process a variance request for all items identified in #2 above. I have enclosed copies of the appropriate sections of the code for your information. If you or your legal counsel have further questions, please contact me at 572-3593 or Barb Dacy at 572-3590. Sincerely, Michele A. McPherson, BLA Planning Assistant MM/mm C-91-361 6L _ _ C� I ! �F FRI DLEY ERIDLEY MUN[CIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 July 25, 1991 Ms . Stasan Lorette Housirig & Urban Develo�anent Property Disposition Division 220 � st s Minneapolis, MN 55401 Re: 501 Gleix� Stree�t NE, Friclley, NA1 55432 Dear Ms. IArettet Please be advised that the City will not issue a building permit to repair the existing ho�t�e at 501 Glenooe Street NE unless repairs wrwld bcririg the structure into �lianoe with current bui.ldirig and zoning oodes . We rec;ently inspected the home with Ms. Donna Matson fram AOCAP. A(7CAP was going to make approximately $30,000 w�rth of repairs to the s�e, but these repairs would not have b�rought the Yboame int�o vo�liance with present zoning requirements. The City's zoning vale stat�es that any stn� rieeding repairs at a oost of more than 50 pereent of its value must cxmq�ly to currer�t luilding and zoning regulations. In our opinion, it wnuld be best if the stn�ure w�auld be removed and a new hoame built on the site. In the meantime, pleas� be advised that the hame must remain secure and the lawn maintained. If it is your desire to have the city contract to remove the structure and maintain the grass, w�e w�ld be willirig to do so and asse_�s the oost of the wnrk, plus 25 peroent, against the lot as a special assessment. This would have t�o be authorized by a writ'�en agreEment. Please feel free to contact me at 571-3450 if you have any questions on this matter. rl�� ....,.r�� _ _ _. _ , . .,. � N . . � . .. �� CC: M5. Bark�ara DacY, Ms. Donna Matson, Ms. Joann Wright, C�mmunity �evelop�nt ,Adm. AC�C:AP Anoka County 6M BiTILDING IN3PBCTION DIVISION !�ffi�O MEKiO TO: Barbara Dacy, Community Development Coordinator l�io FROM: Darrel Clark, Chief Building Official ��Q� � D2iTE: REG?iRDIIiG: July 2, 1991 501 Glencoe 3treet NE, Lots 10, 21 and 2/2 of 12� Block H, Riverview iieights Additian -.:...��... On July 2, 1991, Bob Clauson, Clyde wiley, and I met Donna Matson at 501 Glencoe Street to inspect the condition of the house for the purpose of determin�.ng wh�ther it could be rehabed fc�r re�sale purposes. Donna stated that they pianned to spend $30,00� to upgrade the structure for reffiale. our assessed value ori tii� structure therefors the �tructure, if reprxired, today's buil.ding and zoninq codes. fs currently $27,800 and would have to confor� to To comply, the conver�ed gsrage would have tio be made into s garage again and the size would have to be in�reased to accommodate two cars (ceiling i�efqht i,� less than the required 7�6„ for living space}. The house would have to rie increased to s minimum of 1�20 square feet. The eleatrica],, plumbing, and heatinq systems would have to 1� co�pletely �eplaced. The structural framing of the roof would have to be removed arid replaced; the floor joist framinq would have to be repaired; alI the wi»dows and exterior doors would have to be replaced, and the interior finish camplete].y redone. In my opinion it would l�e better to demr�Zish the structure, remove the debris, and either rebui3d a new home on the lot or move the structure from the flood plain at ?899 Sroad Avenue onto this lot. DGC/mh 6N .. _ CCTYOF FR! DLEY FR[DLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (b12) 57i-1287 July 16, 2990 Linda Fairbanks National Mortgage Representatives l0 State Street Windsor, VT 05089 RE: Property at 501 Glencoe Street N.E., Fridley, Minnesota Dear Ms. Fairbanks: This letter is to confirm the information which I provided to you in our telephone conversation of July 12,,1990. At that time, I told you that the City was considering abatement of a nuisance at the above referenced location, but the site was cleared prior to any action on our part. Please review the enclosed documentation regarding our attempts to have approximately forty bags of solid waste removed from the property's rear yard. After receiving a complaint in late May, I inspected the site and sent a noncompliance letter to the contract purchasers (Jeffrey and Virginia 011estad) as listed in the City's assessing files. When this letter was returried by the Post Office marked "Moved-No Forwarding Address", I sent a similar letter to the property's fee owners jDerrick and Eva Doddingtonj. Mr. Doddington called me stating that he was no longer associated with this property in any way, but he referred me to Commercial Federal Mortqage Company in Omaha, Nebraska. I spoke with two different employees of this mortgage company who told me that they could not find a record of any involvement with this residence or the past owners. On June 18, 1990, I sent a Ietter of noncompliance addressed to the owner/occupant, in which I indicated that the materials must be removed within 10 days or the City would seek to abate the nuisance and recover expenses plus an additional 25� for administrative costs. I also posted a copy of this Ietter on the front door of the residence. Since the property was not cleaned up as of submitted a memo to tY�e City Council requesting an abatement of this nuisance. I did not issue time, since I had been unable to locate so identify as the property owner. . • June 28, 1990, I that they authorize a citation at this meone whom I could Linda Fairbanks, National Mortgage Representatives July 16, 1990 Page 2 Shortly after submitting the memo, I learned through another City employee of an individual located in the Twin Cities area who was supposedly responsible for this site. I contacted him and informed him of the status of the City's abatement procedure. He told me that he would have the materials removed as soon as possible. On July 9, 1990, T reinspected the property and observed that it had been cleaned appropriately. I subsequently informed the City Manager that our involvement in the matter could be discontinued. I hope this answers your questions concerning the City's efforts with respect to 501 Glencoe Street N.E., Fridley, Minnesota. Please call me at (612) 572-3595 if you have questions or wish to discuss this further. Sincerely, Steven Barg Code Enforcement Officer SB:ls C-90-476 • ' I r Form ` . I- n'l ��E; �> ��' �� Certificate of Real Estate Value �. � , Buyer's Last Nam i, first. Middle Initial Present Address Daytime Pho�e Number Hunger, S�even J.:'' .. 14041 iiine�►ood Lane, Da9ton, Mn 55327 eller' ast ame, 'nt, Middle Initial Address Daytime Phone Number BUD �� 220 Secoad St. So., Mpls., MN 55401 . 6i2-370-310Q Street Address of Ruret Houte of PropeAy Purchased City or Township County i . •� . legal Oescription'bf Ptoperty Purchaaed (Fill in lot oumDer, block number and plat name, or ettach 3 copies of the legal description) Lot l0. 11;� and Esst � af Lot 12, Block fl, Riverview HeiAhts. ANoka County, Hinn�BOta Type�of Acquisition (check all boxes which apply) Q�YOU and seller ar�relatives ❑ 8uyer fs a nlipious or. ❑ Yp,ur nsmQ added to or co-owoers or related 4usinesses chsritable oryanization ' name removed irom deed (not a salm) � Property is a gift or inheriUnce � Buyer is a unit ot govemment � You purchased partial intereat only � You recaived propeAy in a trade � You condemned w foreclosed � Date purchaxd agreement signed is on the property ovsr two years ago (Fiil in year If you checked any box above, skip the rest of this form, sign it and fill out schedule B Type of Property Transferred (check all boxes which appiy) ❑ land Only � ltnd and Buildings � Conttruction of a �ew buildfnp compbted after January 1 of year ot sale Ptanned Use of Property (check one boxj �Residential (ainyle, duplex, tripMx) . ❑ Ap�rtmsnt (Number ot unib � � Cabin or Recreatio�sl � AgriculWral � ❑ CpmmerChl-I�ustru! � pther Uae (describe below) (Type of busineas . ) Financial Arrangements (instructions are onback of yeilow copy) 1 Tpta1 Purchase Price 2 Toql Amount of Rersonal Property 3 Date SWler SQned Purchase Agresment � (}rom uhedule A oa back of this sheet) �26,Q01_00 �one 8120/91 � Down Payment S Points or Prepaid loterast Paid by Seller 6 Pants w Propaid Intersst Paid by Buyer . ! , � Describe each mortgage and contract for deed used to purchase this property Is thie a Contnct w ` Asaumed �= Mortgage or Contraot for Deed � blonthy Payment fw Interest Rate Total Number �.• Date of Any Lump Sum Mort9age? ' Amount at Purchaae Principal aod Interest ., (In EBect Now) of Paymenis (Baitoon) Peyments Yes No �a o ; :._ 8 ❑ ❑ 9 � � t0 If a mortyege or cont�act (or Oeed is not a variable marlcet rate but the terms of payment are scheduled to cha�ge o� a tixeO date, fili in its line number from above. the month and year ot the change, aad what it will change to (or attach 3 copies o( paymeM.schedule): Fill out schedule B on the back of this sheet to determine the amount of your deed tax I declare that lhe' ormation tilled in on Ihis form is true, correct and complete to the best of my knowledge and belief. Print or type name of pefson signing this torm Signature Phone Number Oate �� k - ,� T .� Acres ` Tdtahi C[R Use — .� x HC ST AO�c- Un C 1 _ ..- -- -. .—..---. __ Cp � � (:l' � � .PT- . %`+ , SD Y� Bn Deed ,L JG Oe ri�� Ad�s —_ — MV o:,i�----i T d Yr .- . Land ' Bidy _ � � V� Lan ,! 61dg �' � �,�"'- �.�"r� ,�^_ Revenue Use Only U z n�v � _ ._ -- --- -------- ..--_ ....__ D1S !'la� �� couNnr copv Toi / _� G/ �i-y` Tot +��``'� `� Apt FM io r^a r c i, I._—^--._ ____ , v =t- � 0�1��1.91 P�at�-Parcef .. -- .—..--_.'____...'_... M .� Nov. 5, 1991 City of Fridley 6431 University Ave. N.E. Fridley, NIDI 55432 Attention: Appeals Conmission Ms. Michelle Mc Pherson RE: Consideration of variance request, VAR #91-33, by Steve Hunger Dear Ms. Mc Pherson: As per our telephone conversation this afternoon, I wish to express our family concerns regarding the above request. We would like to see the builcling torn down and replaced by a new hane on that lot. In our opinion, no amount of fixing is going to make that eyesore any more appeali.ng. By doing that, all of the property values of the surrounding ho�mes would increase. We also have a concern that the place will be fixed up and then rented out as rental property which we are definetely opposed to. Thank you for your attention to this matter. Sincerely, '.%� �an M. Leonard 526 Glencoe St. N. E. Fridley, NIlV 55432 . ' Novem�r 6, 1991 My name is Steve Hunqer. I have purchased the HUD house at 501 Glencoe Street. I am trying to obtain a permit from the City of Fridley to fix the house up. I intend to change the roof line slightly to give the house an upgraded look. The city says the hou�e i� 5 feet to close ta the neig�ibor's on the East side..and the house is not worth repairing. I've been in the construction and remod�ing business for 15 years and i feel this house is worth repairing. I am going to submitt this petition to the City of Fridley ne�ct week, and I need your signature saying that you don't object to this property being repaired. I'd appreciate your support on this, we have already started some repairs and the hvld up on this pern�i.t is a real set back for us. Thank You, Steve Hunger 17� �d ss November 6, 1991 My name is Steve Hunqer. I have purchased the HUD house at 501 Glencoe Strezt. I am trying to obtain a permit from the City of Fridley to fix the house up. I intend to change the roof line slightly to give the house an upcxraded look. The eity says the housc i� 5 feet to close►�ta the n2ig�3ror's on the East side_:and the house is not worth repairing. I've been in the construction and remodleing business for 15 years and i feel this house is worth repairing. I am going to submitt this petition to the City of Fridley next week, and I n2ed your signature saying that you don't object to this property being repaired. I'd appreciate your support on this, we have already started some repairs and the hold up on this permit is a real set back for us. 6T ASSESSING DIVISION � �► ��r MEMORANDUM TO: MICHELE MCPHERSON, COMMIINITY DEVELOPMENT FROM: WALTER MIILCAHY, APPRAZSER SIIBJECT: 501 GLENCOE NE PIN NO. 03-30-24-23-0067 DATE: NOVEMBER 20� 1991 I made a review of this property on June 26, 199I because a real estate person suggested our E.M.V. was too high due to poor condition. The house was vacant and locked but I could view most of the area through the windows. I could see the sheetrock had holes in it; the floor covering needed replacement; and the roaf appeared to have been leaking. It looked as though the structure needed a lot of repair. I added 33� more depreciation which amounted to a $12,200.reduction in value. I could not check the plumbing, heating or electrical systems. If these items needed replacement I would have reduced the value even more. � sV CITY OF FRIDLEY APPEALS COMMISSION MEETING, NOVEMBER 12, 1991 ___��....,.�_��_�__�_��_�__�_��_��_ CALL TO ORDER: Chairperson Savage called the November 12, 1991, Appeals Commission meeting to order at 8:00 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Diane Savage, Larry Kuechle, Ken Vos, Carol Beaulieu Cathy Smith Michele McPherson, Planning Assistant Steve Hunger, 14041 Vinewood Lane, Dayton, MN APPROVAL OF OCTOBER 1. 1991. APPEALS COMMISSION MINUTES• MOTION by Mr. Kuechle, seconded by Dr. Vos, to approve the October 1, 1991, Appeals Commission minutes as written. UPON A VOICE VOTL, ALL VOTING AYE, CHAIRPER80N SAVAGE DECLARED THE MOTIOIZ CARRIED IINANIMOIISLY. CONSIDERATION OF VARIANCE REQUEST VAR #91-33 BY STEVE HUNGER• Per Section 205.04.03.B of the Fridley City Code, to allow the continued nonconformance of a structure when the necessary repairs to upgrade it constitute more than 50� of the fair market value of a structure; Per Section 205.07.03.A.(2) of the Fridley City Code, to reduce the minimum required lot area from 7,500 square feet to 7,460 square feet; Per Section 205.07.03.D.(2).(a) of the Fridley City Code, to reduce the required side yard setback from 10 feet to 4.8 feet; Per Section 205.07.04.B.(2) of the Fridley City Code, to reduce the minimum structure size from 768 square feet to 712.12 square feet; To allow the reconstruction of the single family dwelling on Lots 10, 11, and 12, Block H, Riverview Heights Addition, the same being 501 Glencoe Street N.E. 6V APPEALS COMMISSION MEETING NOVEMBER 12 1991 PAGE 2 MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED TAE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:01 P.M. Ms. McPherson stated this property is located at 501 Glencoe Street, west of East River Road. The property is zoned R-1, Single Family Dwelling. There is additional R-1 to the north, south, east, and west of the property; and there is a parcel of C-1, Local Business, zoning located southeast of the property. Ms. McPherson stated the petitioner is requesting that four variances be granted: 1. To allow continued nonconformance of the structure when the necessary repairs to upgrade it constitute more than 50� of the fair market value of the structure; � 3. 4. To reduce the minimum required lot area from 7,500 sq. ft. to 7,460 sq. ft.; To reduce the required side yard setback from 10 feet to 4.8 feet; To reduce the minimum structure size from 768 sq. ft. to 712.12 sq. ft. Ms. McPherson stated that approval of the variances would allow the reconstruction of the existing vacant single family dwelling located on the Lots 10, 11, and 12, Block H, Riverview Heights Addition. The City's records indicate that the single family house has been vacant since June 29, 1990. The petitioner purchased the property from HUD and needs to complete repairs to bring the dwelling unit up to today's zoning and building codes. The repairs include new plumbing, heating, and electrical work. �The petitioner is also proposing to enclose an existing alcove and enlarge a portion of the dwelling. Ms. McPherson stated the existing attached single car garage had previously been converted to living area, and the petitioner is proposing to convert that portion back to a single car garage. Ms. McPherson stated the variance request is necessary as the single family dwelling is currently nonconforming with both _ building and zoning codes. Staff has determined that the proposed repairs exceed 500 of the fair market value of the structure. In addition, as the home has been vacant for more than 12 months. Section 205.04.03.E of the Zoning Code states that any future use of a nonconforming structure shall be in conformity with the provisions of the Zoning Code. Therefore, even if the recon- struction did not exceed 5fl% of the fair market value, the s W APPEALS COMMISSION MEETING. NOVEMBER 12, 1991 PAGE 3 petitioner would still be required to request variances to correct the side yard encroachment and the minimum lot area as well as the minimum structure size variance. Ms. McPherson stated variance #1 is the most important issue that the Commission will be considering. If the Commission chooses to approve the variance to the 50% threshold, this would allow the structure and the lot to remain nonconforming, and variances �2, #3, and #4 would not be necessary. However, staff recommends that the Commission act on each variance individually whether or not they approve variance #1. Variance #1 Ms. McPherson stated the first variance is to allow continued nonconformance of the structure, even though repairs to the structure constitute�more than 50� of the fair market value of the structure. The petitioner has proposed an estimate of approximately $12,,000 for repairs to the structure. The Building Inspector has determined this estimate to be a materials-only estimate. It is the Building Inspection Department's policy that all estimates on� building permit applications include both materials and labor. The Building Inspector estimates that labor usually constitutes approximately 50� of all estimates; therefore, the total amount of repairs is approximately $24,000. The City Assessor has assessed the dwelling at $15,600, 50� of which is $7,800. It is clear that the materials estimate alone far exceeds 50% of the fair market value. Ms. McPherson stated staff recommends that the Commi�sion recommend denial of the first variance as the cost of repair does exceed 50� of the fair market value of the structure. Variance #2 Ms. McPherson stated the second variance is to reduce the minimum lot area from 7,500 sq, ft. to 7,460 sq., ft. The subject parcel is a platted lot of record and to deny this variance would render the lot unbuildable and would constitute a taking. Ms. McPherson stated staff recommends that, as a minimum, the Commission recommend approval of this variance to allow either reconstruction of the existing dwelling or construction of a new dwelling on this property. Variance #3 Ms. McPherson stated the third variance is to reduce side yard setback from 10 feet to 4.8 feet to correct encroachment. If the Commission approves the first the 50% threshold, this variance becomes unnecessary the nonconformance to continue. �.� the required an existing variance to as it allows APPEALS COMMISSION MEETING, NOVBMBER 12, 1991 PAGB 4 Ms. McPherson stated staff recommends that this variance request also be denied as the City would want a new structure to conform the new Zoning Code and would require that a 10 foot side yard setback be maintained for the living area. Variance #4 Ms. McPherson stated this variance is to reduce the minimum structure size from 768 sq. ft. to 712.12 sq. ft. This does include the area the petitioner is proposing to enclose with the existing alcove area. As the petitioner is already proposinq extensive construction on the dwelling unit, he does have an opportunity to add approximately 56 sq. ft. needed to bring the structure into conformance with the Code. Ms. McPherson stated staff recommends that the Commission recommend denial of this variance request as the petitioner does have the opportunity to enlarge the structure to bring it into conformance with the Code. - Staff's Recommendation Ms. McPherson stated the first issue the Commission must decide is whether to allow reconstruction of the existing nonconforming structure, even though the necessary repairs exceed 50$ of the fair market value. If the Commission recommends approval of the variance to waive the 50� requirement variances 2-4 are unnecessary. However, if the Commission recommends denial of the request to the 50� threshold and require the petitioner to. construct a new structure on the property, staff recommends that variance #2 be approved in order to allow construction of a new structure on a lot that does not meet the minimum lot area. To deny variance #2 would render the property unbuildable. Ms. McPherson stated recommendations are as follows: � l. Recommend denial of variance #1 to allow continued nonconformance of a structure when the necessary repairs to upgrade it constitute more than 50% of the fair market value of the structure. 2. Recommend approval of variance #2 to reduce the minimum required lot area from 7,500 sq. ft. to 7,460 sq. ft. 3. Recommend denial of variance #3 to reduce the required side yard setback from 10 feet to 4.8 feet. 4. Recommend denial of variance #4 to reduce the minimum structure size from 768 sq. ft. to 712.12 sq. ft. 6Y APPEALS COMMISSION MEETING, NOVEMBER 12, 1991 PAGE 5 Ms. McPherson stated staff recommends the following stipulations as a condition of approval: . 1. 2. � The petitioner shall provide a hard surface driveway by August l, 1991. The petitioner shall upgrade the structure to meet current building code requirements. The petitioner shall install new windows and doors, re-side, and re-roof the entire structure. Mr. Steven Hunger stated he recently purchased this property. He intends to repair the house so that it will blend in with the other homes in the neighborhood. iie intends to sell the property after the repairs are made. He does not intend to rent the house. Mr. Hunger stated there are a couple of inaccuracies in the staff report. The square footage quoted by staff for the house is 768 sq. ft. The present square footage of the� house is 840 sq. ft. With the proposed additional 56 sq. ft. for the alcove, the house will be at 912 sq. ft. Also, he is not intending to convert living area (the old garage) back to a single car garage.. He will be adding a new 12 ft. by 18 ft. garage that will be 5 feet from the neighboring lot line. Mr. Hunger stated he is also concerned about the assessed value on the house. In July 1991, the house was assessed at $27,800 and four months later, it was assessed at $15,600. That is a$12,000 reduction in a four month time period. Is that usual? Ms. McPherson stated this is a question which should be asked of the City Assessor. Mr. Hunger stated the $12,000 is the same figure that Darrel Clark came up with for labor. He stated he has been in construction since 1976, and that amount is not correct. New shingles and siding on a 1,200 sq. ft. house can be framed up for $4,800. He did not know how Mr. Clark had come up with the $12, 000 figure. when he first came in for the building permit, Mr. Clark admitted that he had not looked at the house thoroughly. He stated Mr. Clark is a very respected and excellent building inspector, but Mr. Clark should have given him the consideration of going into the house and looking at it, other than taking a$12,000 figure out of the sky. Ms. McPherson stated the purpose of over exact numbers. The Commission it is acceptable for the petitioner Code no matter what it costs. � this meeting is not to argue needs to decide whether or not to bring the structure up to APPEALS COMMI83ION MEETING, NOVEMBER 12, 1991 PAGE 6 Mr. Hunger stated he has a petition signed by most of the neighbors in the area who do not object to his remodeling or variance request. MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to receive the petitions dated November 6, 1991, from the neighborhood who do not object to Mr. Hunger's remodeling or variance request; and to receive a letter from Joan Leonard, 526 Glencoe Street, dated November 5, 1991, stating that she does object to the building being repaired and would prefer it to be torn down and rebuilt. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED iTNANIMOIISLY. Mr. Hunger stated labor costs are sa arbitrary. If he had known he was working against a market value of $15,600, he could have decided to just could bring the house up to Code without�the new vinyl exterior and changing the roofline and stay under.the 50� guideline, but then the house is not going to look nice. He was basing his estimate on the $27,700 market value. Mr. Hunger stated that regarding stipulation ##1, there is already a concrete driveway. Ms. Savage stated that since Mr. Hunger is adding a garage, and the house, with the proposed alcove, will be 840 sq. ft., then variance #4 is no longer necessary. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:35 P.M.. � Mr. Kuechle stated he would like to recommend denial of variance #1 to allow the continued nonconformance of a structure when the necessary repairs to upgrade it constitute more than 50� of the fair market value. That is a good ruling, and he did not see any particular hardship for not meeting that rule. He could see no reason in the guidelines the Commission is given to grant this variance. Ms. Savage stated she believed it would be a hardship to deny the petitioner the ability to remodel the home the way he is proposing to do it. Maybe it is best not to set a precedent for other properties by approving variance #1. However, as she understood this variance request, they could deny variance #1, and the petitioner would still be able to make the proposed repairs as Iong as the Commission recommends approval of variances #2 and #3. The improvement of the house would certainly improve the existing structure and would improve the appearance of the neighborhood, and � . � APPEALS COMMISSION MEETING. NOVEMBER 12, 1991 PAGE 7 he did not see any reasonableness in requiring the petitioner to tear down the existing house and build a new house. Ms. Beaulieu stated she is confused as to why they should recommend denial of varianc� #1. It seemed like they should approve variance #1 in order to allow the petitioner to make the proposed repairs to the existing structure. Ms. McPherson stated the principle behind variance #1 is that this is nonconforming structure that needs more than 50� of the market value to bring it into conformance. It does prohibit the petitioner from making those repairs; the structure just needs to be brought into conformance. In this particular case, if the Commission recommends denial of variance #1 and not allow the continued nonconforming items to exist (recommends variance #3 to reduce the side yard setback), the petitioner would have to build a new structure in conformance with the .Zoning Code setbacks and requirements. However, if the Commission recommends denial of variance #1 for the 50o rule, but recommends approval the variance to the setback, variance #3, they are eliminating that which is nonconforming as far as the setback. The Code does not say that repairs are prohibited, it is just saying that continued nonconformance is prohibited.� Each variance can be handled as separate issues. Dr. Vos stated part of the confusion has to do with the Code putting conditions on variance #1. It has to be a nonconforming structure or use, and the whole 50� is built on a somewhat arbitrary number. Fifty percent of nothing is nothing, but 50� of 100 is 50. The fair market value dropped $12,000 in four months, and it is difficult for the petitioner to operate with those kinds of numbers. Ms, McPherson stated that staff will resolve the numbers issue prior to the City Council meeting. MOTION by Mr. Kuechle, seconded by Dr. Vos, to recommend denial of variance request, VAR #91-33, by Steve Hunger, per Section 205.04.03.B of the Fridley City Code, to allow the continued nonconformance of a structure when the necessary repairs to upgrade it constitute more than 50% of the fair market value of a structure; to allow the reconstruction of the single family dwelling on Lots 10, 11, and 12, Block H, Riverview Heights Addition, the same being 501 Glencoe Street N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOUSLY. Dr. Vos stated the reason he voted in favor of this ordinance is to avoid setting a precedent to allow the continued nonconformance of a structure when the necessary repairs constitute more than 50% of the fair market value. - - APPEALS COMMIS3ION MEETING, NOVEMBER 12, 1991 PAGE 8 MOTION by Dr. Vos, seconded by Ms. Beaulieu, to recommend to City Council approval of variance request, VAR #91-33, by Steve Hunger, per Section 205.07.03.A.(2) of the Fridley City Code, to reduce the minimum required iot area from 7,500 square feet to 7,460 square feet; to allow the reconstruction of the single family dwellirig on Lots 10, 11, and 12, Block H, Riverview Heights Addition, the same being 501 Glencoe Street N.E. IIPON A VOICE VOTE�: ALL VOTING AYE, C$AIRPERSON SAVAGE DECLARED TAE MOTION CARRIED IINANIMOIISLY.. MOTION by Ms. Beaulieu, seconded by Ms. Savage, to recommend to City Counczl approval of variance request, VAR #91-33, by Steve Hunger, per Section 205.07.03.D.(2).(a) of the Fridley City Code, to reduce the required side yard setback from 10 feet to 4.8 feet; to allow the reconstruction of the single family dwelling on Lots 10, il, and 12, Block H, Riverview Heights Addition, the same being 501 Glencoe Street N.E., with the follawing stipulations: 1. The petitioner shall provide a hard surface driveway by August l, 1992. . 2. The petitioner shall upgrade the structure to meet current building cod� requirements.. 3. The petitioner shall install new windows and exterior doors, re-side, and re-roof the entire structure. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED QNANIMOUSLY. ' Ms. McPherson stated. this item will go to the City Council on December 9, 1991. . UPDATE ON PLANNING COMMISSION AND COUNCIL ITEMS: The Commission members received the update on past P2anninq Commission and Council items. ADJOURNMENT• MOTION by Ms. Beaulieu, seconded by Dr. Vos, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Savage declared the motion carried and the November 12, �991, Appeals Commission meeting adjourned at 8:45 p.m. Res ectfully su mitted, Lyn Saba Re rding Secretary sCC CITY OF FRIDLEY lIPPEALB CO1+II+tI88ION 1�EETiNG � NOVEMBER 2 6� 19 91 wrw.�..r.�.w�.wwwwwww��.w.ww.�.�.w.w�w.ww.w.ww�w.w..►�.www1�.rw�rw.r�rrw,w.w.w.w.rw�w.www.wrw.1rw�w�rwww.�.�r CALL TO ORDER: Chairperson Savage called.the November 26, 1991, Appeals Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Diane Savage, Kenneth Vos, Cathy Smith, Carol Beaulieu Members Absent: Larry Kuechle Others Present: Michele McPherson, Planning Assistant Steve Hunger, 7890 Apex Lane, Dayton Tom Carlson, Sawhorse Designers & Builders Rick Riley, Sawhorse Designers & Builders Ethel Arnold, 3205 Hilldale N.E., Mpls. Shirley Severson, 6490 Riverview Terrace APPROVAL OF NOVEMBER 12, 1991. APPEALS COMMISSION MINUTES: MOTION by Ms. Beaulieu, seconded by Ms. Smith, to approve the November 12, 1991, Appeals Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE� CBAIRPERSON BAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. RECONSIDER ACTION TAKEN ON VARIANCE RE4UEST. VAR #91-33,_aY STEVE HUNGER• Per Section 205 . 04 . 03 . B of the Fridley City Code, to allow the continued nonconfonaance of a structure when the necessary repairs to upgrade it constitute more than 50� of the fair market value of a structure, To allow the reconstruction of the single family dwelling on Lots 10, 11, and 12, Block H, Riverview Heights Addition, the same being 501 Glencoe Street N.E. MOTION by Ms. Smith, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECL�RED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7t31 P.M. 6EE r _ � . DATE: TO: FROM: • BIIBJECT: Community Development Department G DIVISION City of Fridley November 2�0, 1991 Appeals Commission Michele McPherson, Planning Assistant Reconsideration,of Commission Action Regarding VAR �91-33, at November�l2, 1991, Me�ting In reviewing the minutes from the November 12, 1991, meeting, as well as Section 205.04.03.B of the City Code, there appears to be a conflict between the desire of the Commiss�on to allow Mr. Hunger to reconstruct the structure at 501 Glencoe Street and the result of the Commission's action. Section 205.04.03.B states: !'Nothing in this Chapter shall prevent the upgrading of a nonconforming structure to a safe condition when said structure is declared unsafe by the City, provided the necessary repairs shall not constitute more than tifty percent (50�) of the fair market value of such structure . �� Denial of the variance request to the above code section prevents the petitioner from doing any repairs to the structure. If that is not the intent of the Commission, the Commission should make a motion to reconsider its motion for denial. Then the Commission should make another motion to approve the variance. Mr. Hunger has been advised about at the the November 26th meeting my explanation may have caused. IrIl�I :1 s M-91-830 the confusion and will be present I apologize for any confusion l ■J �PPEALS COMMI88ION MEETING, NOPEMHER 26, 1991 PAGE 2 Ms. McPherson stated that after the discussion at the November 12, 1991, meeting at which there was some confusion over the ordinance section of the Code regarding the request to waive the 50� requirement and allow the repair of an unsafe structure. She stated she again reviewed the ordinance section which states the following: "Nothing in the Chapter shall prevent the upgrading of a nonconforming structure to a safe condition when said structure is declared unsafe by the City, provided the necessary repairs shall not constitute more than fifty percent (50�) of the fair� market value of such structure. �� Ms. McPherson stated that at the last meeting, the Commission recommended denial of the variance request to waive the 50� threshold. However, the Commission's discussion indicated that they did want to allow the petitioner to reconstruct the house at 501 Glencoe. Street, even thouqh the repairs seem to constitute more than 50� of the fair market value. In rereading the Code section, the Commission's recommendation to the Council would be that the petitioner not be allowed to reconstruct the house. If it was the Commission's intent to allow the petitioner to reconstruct the house, even though the cost is more than 50� of the value, then the Commission should reconsider its previous motion and recommend agproval of the variance request to the City Council. Ms. McPherson apologized for this confusion of staff's inter- pretation of the Code. Ms. Savage stated that at the last meeting, there was some dispute over the actual market value of the structure. Can the Commission consider that the proposed repairs would constitute more than 50� of the market value? Ms. McPherson stated it is staff's interpretation that the proposed repairs do constitute more than 50� of the fair market value. Ms. Savage stated the Commission has to deal with a hardship in order to grant this variance. She asked Mr. Hunger to state his hardship and why he cannot tear down the existing house and rebuild. Mr. Hunger stated that when he purchased the property, he had two options--to tear down the existing house and rebuild it, or remodel the existing house. He stated he never intended to tear the house down. The foundation and the structure are basically sound, but the house does need a lot of work. Just the cost of tearing the house down, removing the foundation, re-excavating and digging a full basement would be about one-half of what he is intending to spend on the total remodeling. � sFF �PPEALB COMMISSION 1dEETING, NOPEMBER 26. 1991 PAGE 3 Mr. Hunger stated the interpretation of the first variance is so arbitrary. The numbers can be played so many ways. Originally, he was working with the $27,000 market value in July 1991, and then after he had turned in all his remodeling costs, he found out the house had been reassessed at $15,600. If he had known that there was going to be a$12,000 drop in value, he would have come in with a lesser bid which wouldn't enhance the house so much. Mr. Hunger stated that the only things that are required are the plumbing, heating, and wiring, which he has planned to completeZy redo. There is no requirement by the City for him to put on vinyl siding, aluminum soffit or facia, new roof, all of which were included in his cost figures. He just did not understand the 50�. Fifty percent of what? Mr. Hunger stated that his hardship is that he just cannot afford to tear down the existing house and rebuild. There is also a young couple who are interested in purchasing the house after the remodeling, and they cannot understand why things are taking so long. o ION by Ms. Beaulieu, seconded Ms. Smith, to close the public hearing. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC BEARING CLOSED AT 7:45 P.M. Ms. Beaulieu stated that, as she understood it, if the first variance is not approved, the petitioner can just do the necessary repairs to bring it up to Code. But, the petitioner has plans to improve the property even more than what is required. It was her understanding at the last meeting that it was the Commission's intent to allow the petitioner to improve the structure as proposed. Ms. Savage stated that was her understanding also. She stated it does not seem reasonable to require the petitioner to tear down the existing house and start aIl over again when he can remodel the house in such a way that it will be an improvement. He also has a prospective buyer, and the house has been vacant since June 1990. Dr. Vos stated he believed the reason the Commission recommended denial of a variance they really wanted to approve was because of the 50$ and what could be done and what couldn't be done. There was some discussion about the market value and the fact that it had dropped over $12,000 over a fairly�short period of time, which he believed was part of the hardship for the petitioner. He believed the Commission's intent was for the petitioner to be able to do more than just the plumbing, electrical, and heating. They thought it would be better if the petitioner improved the structure rather than just bringing it up to Code. 6GG �PPEALB COMMISSION MEETING. NOVEMBBR 26, 1991 PAQE � MOTION by Dr. Vos, seconded by Ms. Beaulieu, to reconsider the action taken on variance request, VAR #91-33, by Steve Hunger, per Section 205.04.03.B of the Fridley City Code, to allow the continued nonconformance of a structure when the necessary repairs to upgrade it constitute more than 50$ of the fair market value of a structure, To allow the reconstruction of the single family dwelling on Lots 10, li, and 12, Block H, Riverview Heights Addition, the same being�501 Glencoe Street N.E. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON SAVAGE DSCLl�RED THE MOTION CARRIED IINANIMOIISLY. MOTION by Ms. Beaulieu, seconded by Dr. Vos, to recommend to City Council approval of variance per Section 205.04.03.B of continued nonconformance of to upgrade it constitute mor a structure, To allow the dwelling on Lots 10, 11, Addition, the same being 501 request, VAR �91-33, by Steve Hunger, the Fridley City Code, to allow the 3 structure when the necessary repairs e than 50� of the fair market value of reconstruction of the single family and 12, B1ock H, Riverview Heights Glencoe Street N.E. IIPON A VOICE 40TE, ALL VOTING AYE, CBAIRPERSON SAVAGE DECLARED T8E MOTION CARRIED UNANIMOIISLY. 2. Per Section 205.2 08.C.(2) of the Fridley City Code, to reduce the setback rom the normal high water line of the Mississippi River fr 100 feet to 87.5 feet, to allow the construction of a thre -season porch addition, on Lot 2, Block 1, Walt Harrier First A dition, the same being 6492 Riverview Terrace N.E. � MoTION by Ms. Beaulieu, seconde by Ms. Smith, to waive the reading of the public hearing notice an open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEA� NC� OPEN AT 7:55 P.M. Ms. McPherson stated the property i located on the Mississippi River and west of Riverview Terrace. The property is zoned R-3, General Multiple Family Dwelling, as a e the surrounding parcels. The variance request is to reduce the s tback from the nonaal high water of the Mississippi River from 100 et to 87.5 feet. Located on the property is a single family welling unit, and the petitioners are proposing to remove an ex"sting deck and replace it with a three-season porch and a new de to the south of the porch. Decks are allowed to encroach up to 10 feet into the setback area. 6HH r � � J DATE: TO: FROM: SUBJECT: Community Development Department PL�NG D�SION City of Fridley December 5, 1991 William Burns� �ity Manager Barbara Dacy, Community Development Director RMS License Extension RMS is constructing a new facility in Coon Rapids. RMS is requesting an extension of its trailer license to April 1, 1992. Staff has not received any negative comments regarding the use of the trailer as an office. Staff recommends that the City Council extend the license until April 1, 1992. BD/dn M-91-869 12/05/91 13:12 FAS 612 786 1771 RMS C0. � f� 001 i�ecember 5, 1991 Darret Clark City oi Fridley 6431 University Ave. N.E. Fridley, MN S5Q�32 Dear Darrel: ihe RMS Campany.is constructing a new facility. We expect to occupy this new facitity March 1, 1392. We wouid.iike to extend the permit for the tcailer on aur present facility ta Apri! 1, 1992, at that time #he trailer will be removed. , Sincerely, ., • .� _ /��.%I � t�L.�� ,� .._./' ��% ' David W. Meyer Manager of Purchasing RMS Company DWM:da RM� COMPANY • 7848 BAKEFI ST. N.E„ MiNNEA.T3. Ci�iS, MlNN. 5543? •�1.. 786-4520 AREA COOE B12 !H , �!� , D C� �,� Le�� (.� �—/ - l/ - 7� -� � 9/ ��, � ��CiL �,��-�.,�s �•� CITY OF Fqlpi.�Y, SUBJECT . MINNE90TA HOUSE TRAILER APPLICATION �tporlmtid Urv�sid�� NumCer � ,tev op� Approved br Ooto Dom. Dev. Div. Protective Insp. Dept. 910-F9 1 1 of 1 800 � 7/1/81 APPLICANT: /�/� S�fY TRAILER OWNER: _.�lt� 1'6 L� i-��- 5��-tE�'��,_Xyi,�: ADDRESS :�f !�� l�� T hl � ADDRESS : Z��i � XEi►ii vJv� ,�q-�16 /1%� I�r" LS., MN. �1 TEL. I�O: _ _ %�G� /�5��?_ TII,. NO: �S� -/ %oo LAiJDOWNER: �I�'j�, �.c��'i r1�,>+� ADDRESS: `/G f��- r�s�G-_� `_�1 /l:-e= - / l / TO B� TRAILER I�KE :�,/��- �//�'� SIZE: ! Z" x`� �'� USED FOR: �� ('�,�3t n ______-r! �u� PERIOD OF TIME TO BE STORED/OCCUPIED: �,�n f�'(�- I Z'(� � f LOCATIOi1 QF TRAILER Ot7 PROPOSED PROPERTYz Attach Plot Plan of Pznperty showing Trailer Signatures of Adjoining Property Owners Granting Approval: �,1��, Relationship between Trailer Owner and Landowner: /�.`"��U%% �%��"� Names and Ages of all Occupants (If Residential Use) : /I,��f.i- Facilities for Sewage Disposal, Water and Electricity: �/�� Please find attached a check in the amount of 530.00 for parking the trailer or $50.00 for both parking and occupying the trailer. AAT£ : "� �%�=; / �- ,,:. :�,� �l. ..( ; ,. ;�,, � /5'ignature FOR OFFICE USE :" � ��L!.'°:Cf: Date Received: Council Approval: �/%�9( Stipulations: RECEIPT NO: �j�/C LIC � .� 1�0: 1 v � ,-� EXPIRES : la-�,/�, _� fw Inir�nc,l V�e t � CITYOf FRIDLEY C0IVIMLiNITY DEVELOPMENT DEPARTMENT M E�(1�i0 RAN D UM DATE: August 9, 1990 �� TO: William Burns, City Manager��1' FROM: SUBJECT: Back�round Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Request for a License for a Trailer at the RMS Company; .980 Osborne Road N.E. Section 202 of the City Code requires a special permit for a limited period of time for the parking or occupancy of a trailer on property within the City. The RMS Company has requested location of a 14' x 56' trailer to be located at the rear of its property along Osborne Road. RMS Company owns the property abutting Osborne Road as well as the property addressed as ?645 Baker Street N.E. (see attached map}. Analysis The proposed trailer would be used for employee meeting and conference rooms. RMS Company is restructuring its existing facility such that conference room areas would be eliminated. R1�IS is investigating another site in Fridley for construction of another facility, which would then negate the need for the trailer. RMS is requesting the trailer be a].lowed to remain on the property until December 1, 1991. RMS hopes to begin construction of its new facility in the spring of 1991. Recommendation Given the location of the proposed trailer at the rear of the existing building along Osborne Road and because it will not be easily seen from the public right-of-raay, staff recommends the City Council ap�rove the request, subject to the following conditions: l. 2. The trailer shall be removed by December 1, 1991. Extensions to the deadline stated in stipulation #1 must be approved by the City Council. BD/dn M-90-559 7C 1�3 ... P.+ Engineering Sewe► Water Parks Streets Maintenance MEMORANDUM TO: ' WILLIAM W. BURNS" CTTY MANAGER PW91.=367 f FROM: JOHN G. FLORA;'PUBLIC WORKS DIRECTOR . DATE: DECEMBER.3, 1991 SUBJECT: MADISON AVENUE PARKTNG We have received a request from the Medical Center and Unity Hospital regarding limited parking on Madison Avenue. Staff has reviewed their request and identified two options if their request is to be considered. Option one would be one hour parking on both sides of Madison Avenue between Lyric Lane and Osborne Road, which would result in approximately thirty-seven parking spaces. . Option two would be parking on one side only, preferably the east side, which would result in fifteen parking spaces. Based upon the amount of traffic that uses Madison Avenue and access to the emergency facilities of Unity Hospital, it would be staff's recommendation, if the Council agrees, to retain no parking on the west side of Madison Avenue, but allow limited parking on the east side of Madison Avenue. If the Council decides to support this request, we would attempt to install the signs. Based upon the current freezing conditions, we may not be able to install the sign posts to support this configuration, but we would attempt to do it as soon as possible. JGF/mjr : t � �DL�.Y OF • THE 6 • TW1N • CITIES FRIDLEY MEDICAL CENTER 7675 Madison St. N.E. Fridley, Minnesota 55432 786-2700 October 26, 1991 Mr. William $ut^ns City Manager •. City of Fridley 6431 University Avenue NE Fridley, MN 55432 Re: Street Parking � Madison Street NE Sir: The undersigned hereby request that the existing "No Parking" signs posted on Madison Street NE, from Osborn Road south for approximately two blocks, be changed to read "One Hour Parking". The existi�g signs.were instailed to allow for emergency helicopter landing for the hospital. This street is no longer used as an emergency landing area and the changing of the above signs will allow for short term parking by visitors of the below three business'. Your positive response to this request wili be appreciated. Thanking you in advance for your-time and consideration, we are respectfully: T i t 1 e l� 17 /�d�,Q �c�'�, For: Frid ey Medical Center � /� Vh • �. � /� Title 4.�w _xYC � V f/��t'L For: Unity Hospital _ l �. � Title ,� , .,r�% For: FridZey Convalescent Home B�Ain;E b'E�!C/+� CEti'EA ROSE�A�E h?=_D�CA� CE'J'EF t2i'� A:,P��e=- S N E 2353 Fa -::e:. A�e :.:e f. Bta!�E A".m�es�:a 5�:3: R.s_: ',e N• �nes�•� 55i13 ��_.-_:.: 8 A E3:,.�=:� � 0 � OF • THE � • TWIN • CITIES FRIDLEY MEDICAL CENTER 7675 Madison St. N.E. Fridley�. Minnesota 55432 786-2700 October 26, 1991 Mr. William �urns City Manager �� City of Fridley 6431 University Avenue NE Frildey, MN 55432 Re: Enclosure Request for Street Parking Mr . Bu�gs; Nov o s ig91- r� � `� . ` . Enclosed please find a formal request to have the street signs on Madison Street NE changed from "No Parking" to "One Hour Parking". In addition to our signature, we have obtained signatures from both Unity Hospital and Fridley Convalescent Home also requesting this change. While the need for parking on Madison Street is rare, there are times when one hour parking for visitors is needed, such as when the hospital has special seminars or large meetings. Fridley Medical Center has an agreement with Unity Hospital to ailow FMC employees to park in the hospital parking lot, but on occasions when special activities are taking place at the hospital, the parking becomes very limited. This occurred on two or three recent occasions, and the Fridley Police Department put bags over the signs to allow for all day parking along Madison Street. I am copying you with a letter from Mr. Gary Alberts, Vice President of Unity, to James Hill, City of Fridley Director of Public Safety, �hich indicates that Madison Street is no longer used as an emergency helicopter landing area. We are most interested in having the above signs changed, and if there is anything else we should do, I would appreciate it if you would contact Ms. Jeannine Schlottman, our Administrator, so that we proceed with this project. Thank you for your indulgence in this matter. Respectfully, �c.�^� Z.�. 1�ee,,,,�., t�'l� James W. Keane, MD cc:J. Schlottman 6iA�':= C'.:=':h:. CE��TFn FOS�D:.�E MEJIC�4L Ct': EFi �2;': At�?•.:=e� S' r..c = Fa �,�:e : h:c^�< <:. - $;� �_ �• -��:2:= 5°,-'r �' �s_. ,.c. t: -•.os�:a SStt3 75: -'S�_ 636-E5�D :- J� 'r t� Health One Mercy Hospital 4050 Coon Rap�ds Boulevard Coon Rap�ds. MN 55s33-2586 612 421-8888 H�slth One Unity Hospital 550 Osborne Road Ftidiey. MN 55432-2799 612 421-2222 Heaith One. IlAercy & Unrty Hospitais Octobcr 16, 1991 6 J81i1CS �.11l Dircctor of Public Safety City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 RE: Helicopter I.aoding Sitc Dear Ivir. Hill: .� � We have been contact�d by the Fridley Medical Center concerning the use of Madisoa Street as a sito for helicopter landings for the Unity Emergeruy Departmen� Unity has developed a site to th� south of th� hospital which no longer re4uires the use of Madison Street as a landing site. The cun�ent site has been r�wiewed with the czty in � the past and will continue in use until s more pern�anent location can be developed. 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V11 e _ T, .�� . . r. . n < �s � � � �"` � �_ , s �. � � •< �� ` � ` ` , � • • '�`,' � � , - • ,� ♦ :. ` ::�. :.. • ' �'.'. � �4� �� ,, . � �T ' • I . �� - F ��> .� �D .:.�4':. .. f' � �Y�1 1 � � �. �-,.� S G . �')'-', � � � � ;«t�. 'f�� f g, ° 1 � E�gineering Sewer Water Parks IStreets �Maintenance MEMORANDUM TO: William W. Burns��City Manager PW91-364 FROM: John G. Flora,i Public Works Director DATE: December 2, 1991 SUBJECT: Wetland Regulation We have received the proposed guidelines for the interim program of Wetland Regulation from the Board of Soil and Water Resources (BSWR). The interim guidelines are being published at this time to protect all the wetlands within the State until the National and State Wetland Regulations are prepared and distributed. The interim guidelines are effective January 1, 1992 and extend to July 1, 1993. In essence, they prohibit the draining, burning, and filling of any wetland with a number of exceptions. The one major exception, that the City is concerned with, is any conditional use permit that has been issued within five years before August 1, 1991 (August 1, 1986) can continue based upon the stipulations associated with it. This addresses the old YMCA property. The interim guidelines are a little more reasonable in tY�at they require a one to one replacement ratio and they do not require that a wetland relocation be located in the same watershed district and county as the proposed rules had been. It is suggested that local government units consider adopting the interim guidelines for control and administration. The Rice Creek Watershed District is taking a position that they would prefer the cities to take over the responsibility for wetland management. Within the Six Cities Watershed District, each city is responsible for its own development and plan management. Accordingly, I would suggest that the City submit a resolution adopting the interim guidelines and submit it to the two watersheds and the BSWR for formal notification. JGF:ch � �� / � FWDLEY 0 RESOLUTION NO. -1991 RESOLUTION ADOPTING TiiE INTERIM PROGRAM OF WETLAND REGULATION WHEREAS, the Board of Soil and Water Resources has prepared administrative guidelines for the interim program described in Article 7 of the Wetland Conservation Act of 1991, Chapter 354, and , WHEREAS, local governmental units may certify to the Board their official adoption of the interim regulations, and WHEREAS, it is in the best interests of the City to control and manage the wetlands available within the City limits, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley adopts the proposed guidelines for the interim program of wetland regulation submitted by the Board of Soil and Water Resources for the period January 1, 1992 to July 1, 1993. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA, CITY CLERK . , WILLIAM J. NEE MAYOR , _,., PROPOSED GUIDELIIVES: II�TERIM PROGRAM OF VNETLAND REGULATION (Wedand Conservation Act of 1991) Board of Water and Soil Resources 155 South Wabasha Street, Suite 104 St. Paul, Minnesota 55107 (612)296-3767 N� : Edition 1 November, 1991 T]1BI.E OF COl1TEN'P8 Introduction Article 7 Review Chronology of Implementation Flowchart of Interim Process Definitions Enforcement Criteria for Repiacement Responsibilities of DNR Exemptions Examples Appendix A - Status of Compensation Proqrams Appendix B - Wetlands Regulated Under the 1991 Act Appendix C - Wetland Jurisdiction 9C Paqes 1 2 - 4 5 - 6 7 - 9 10-11 12-13 14-17 18 19-43 44-45 46 : �ri !I7 . . • ' Introduction This document is the first draft of administrative quidelines for the interim program described in Article 7 of the Wetland Conservation Act of 1991, Chapter 354. The text herein replaces material previously issued by the Board of Water and Soil Resources Written comments to this draft are encouraged� Althoucxh comments will be accepted through December 18 those received bv December 13 will be particularly helpful. � After consideration by the Board on December 18, revised guidelines will be prepared. That version will be available in mid-January and will be the basis for information sessions to be held at a number of locations. (Local Certification Before Fiaal Guidelinea] An LGV need not rait tor quidance i=om.the board to certifp the replacement oi �etland area. Effective Januarp 1, 1992 an LGII is authorized to issue certitications conaistent with Article 7. -1- . � Eza�pt as notsd b�loM in th� t�st o! I►rtial• 7, tb�s� qvidelines are suqq�stions and ar� not aanaat�d durinq tha interia p�riod, Januarp l, 1992 to Jt�lp 1, 1993. [Artiale 7� Section 1. j103G.2369] jInterim] Subdivision 1. [Delttieation] The "Federal Manual for ldentifyinq and Delineatinq Jurisdictional Wetlands" (January 1989) �nuet be used in identifying:= and delineating wetlands. '". �ubdivision 2. {Prohibited Activities] (a) Except as provided fn subdivision 3, until July 1, 1993, a person may not drain, burn, or fill a wetland. Although (b) specifically prohibits issuance of permits to dra3n, ii11, or burn wetlands, the Board favors exempting those burn3ng operations done for wildlife management or other �rposes that enhance wetlands. An MPCA "Fact Sheet on Open Burning" issued September 1991 offers guidance on the Iegalities of open burning. (b) Except as provided in subdivision 3, until July l, 1993, a state agency or LGU may not issue a permit for an activity prohibited in paragraph (a) or for an activity that would include an activity prohibited in paragraph (a). Subdivision 3. jExemptions] The prohibitions in subdivision 2 do not app2y to: (1) activities accordance exemptions exempted under, and conducted in with, (article 6, section 10) the on pages 20 to 43; (2) development projects and drainage system improvement projects that have ieceived preliminary or final plat approval or for which infrastructure has been installed, or that have received site plan approval or a conditional use permit, within five years before (the effective date of this section) August 1, 1991; Item (2) is similar to exemption 24 on page 43. The above langusge repZaces exemption 24 during the interim period. �� 9E � 0 � (3) activities for which the local SWCD or other local permitting authority certifies that any loss of wetland area resulting from the activity will be replaced; and This is the cr-�x of article 7; pdraining, burning or filling non-exempted wetlands may be done �F the loca2 soil and water conservation district or other Zoca1 permitting suthority certifies that any loss of wetland area resulting from the activity will be replaced." With the exception of a minimum 1:� �eplacement ratio (Item I, page 14), terms and %"� conditions of the replacement are at the discretion of the LGU issuing the certification. Nevertbeless, these guidelines are strongly recommended for the following reasons: (I) to foster statewide uniformity in the implementation of the interim program; and (2) to make the interim program similar to the permanent program which wi11 ease the transition to the permanent program after July 1, 1993. Each LGU should consider these recommendations when implementing the interim program. (4) a person who is enrolled or participation in a program listed in United States Code, title 16, section 3821, subsection (aj, clauses (1) to (3 ) . Item (4) is similar to exemption 23 on page 42. The above language replaces exemption 23 during the interim period. Hence, the reference to easement participation in exemption 23 does not apply during the interim period. Subdivision 4. [Certification Fee] A SWCD or other local permitting authority may charge a fee of up to $75 for a certification under subdivision 3, clause i3) • Subdivision 5. [EnforcementJ This section must be enforced as provided (in article 6, section 18) on page 12. Section 2. [Effective Date] Section 1 is effective January 1, 1992, and is repealed July 1, 1993. -3- � [oificiel Controlsj It is the opinion oi our counsel that ofiicial controls do not aeed to be adopted for the interim regulations to have the iorce and effect of Zaw; the Act is sufficient. Bowever, to ensure consistency with other Ioca1 regulatory procedures an LGU night consider an official adoption of the interim regulations. .. [Local Certification Before Fina1 GuidelinesJ An LGU need not wait ior guidance from the board to certify the replacement of wetland area. Effective January 1, 1992 an LGU is authorized to �ssue certifications consistent with Article 7. [Forms and Other Administrative Documents] The next edition oi this guideline will include suggested forms for certifying replacement of wetland ares, certifying exemptions end others as recommended for enforcement. LGU�s are encouraqed to develop forms (and procedures) consistent with existing local programs. -4- �' • . 1 10 11 12 APPRQVED BY R.H. LARSON, FIRE P�2QT�CTION BUREAU/HOUSING INSPECTOR ll y3