08/26/1996 - 4861OFFICIAL CITY COUNCIL AGENDA
COUNCIL MEETING
AUGUST 26, 1996
'� FRIDLEY CITY COUNCIL MEETING
CITYOf
i�DL� ATTENDENCE SHEET
Monday, Augcus� 26, 1996
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
RINT NAME (CLEARLY) ADDRESS
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CffY OF
FRIDLtY
FRIDLEY CITY COUNCIL MEETING OF
AUGUST 26, 1996
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment
in its services, programs, or activities because of race, color, creed, reiigion, national origin, sex, disabiiity, age, marital status,
sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals
with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an
interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one
week in advance. (T"TD/572-3534)
PLEDGE OF ALLEGIANCE•
APPROVAL OF MINUTES:
City Council Meeting of August 12, 1996
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
Second Reading of an Ordinance to
Repeal Ordinance No. 1062 Pertaining
to Vacation of a Drainage and Utility
Easement (Industrial Equities, 73rd
Avenue and Northco Drive) (Ward 1) . . . . . . .
...... 1.01-1.02
FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996
�
OLD BUSINESS:
Second Reading of an Ordinance Under
Section 12.07 of the City Charter to
Vacate Streets and Alleys and to Amend
Appendix C of the City Code (Industrial
Equities, 73rd Avenue and Northco Drive)
(Ward1) ..:..............................
NEW BUSINESS:
Page 2
2.01 - 2.03
Variance Request, VAR #96-18, by
the City of Fridley, to Reduce the
Front Yard Setback from 35 Feet to
25 Feet, and to Reduce the Side
Yard Setback on a Corner Lot From
35 Feet to 30 Feet, all in Order to
Allow the Expansion of an Existing
Wellhouse, Generally Located at
7345 Highway 65 (Ward 2) . . . . . . . . . . . . . . . . . . 3.01 - 3.14
Variance Request, VAR #96-19, by
Carl and Margaret Christenson, to
Increase the Height of a Fence in
the Side Yard From 7 Feet to 8 Feet
3 Inches, Generally Located at
1327 - 66th Avenue N.E. (Ward 2)
............. 4.01 -4.23
FRIDLEY CITY COUNCIL MEETtNG OF AUGUST 26, 1996
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Page 3
Variance Request, VAR #96-20, by
Murphy Warehouse, to Allow a Sign
Painted Directly on a Building,
Generally Located at 4850 Main
Street N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.09
Resolution Ordering the Removal
or Repair of a Hazardous Building,
Pursuant to Minnesota Statutes,
Section 463, Located Within the
City of Fridley, Minnesota (218 - 57th
Place N.E.) (Ward 3) . . . . - . . . . . . . . . . . . . . .
6.01 - 6.16
, SY
Approve One-Year Extension of
Variance Request, VAR #95-24,
by Kenneth Anderson, to Allow
Construction of a Porch and
Garage, Generally Located at
132 River Edge Way N. E. (Ward 3)
............. 7.01-7.03
Establish a Public Hearing for
September 16, 1996, for the Sale
of Excess Property Located at 61 st
Avenue and 7th Street (Ward 1) . . . . . . . . . . . . . . . 8.01 - 8.02
FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1996 PAGE 4
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTlNUED�
Establish a Pubiic Hearing for September 16,
1996, for Osborne Road Street Improvement
Project No. ST. 1994 - 5 (Ward 2) . . . . . . . . . . . . . . . 9.01 - 9.02
Purchase Agreement between the
City of Fridley and CP Rail System for
the Property Located at University Avenue
and 73rd Avenue (Ward 1) . . . . . . . . . . . . . . . . . . . . 10.01 - 10.13
Claims .................................... 11.01
Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.01 - 12.05
Estimates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.01 - 13.07
FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1996 PAGE 5.
ADOPTION OF AGENDA:
OPEN FORUM, VISITORS:
(Consideration of Items not on Agenda - 15 Minutes)
.PUBLIC HEARINGS:
Application of Main Event for an
Intoxicating Liquor License for
the Property Located at 7850
University Avenue N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . 14.01 - 14.02
Special Use Permit, SP #95-05,
by Home Depot, for a Garden Center,
Generally Located at 5650 Main Street
(Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.01 - 15.07
NEW BUSINESS:
Variance Request, VAR #96-17, by
Michael and Sherry Perreten, to Reduce
the Side Corner Setback of an Attached
Accessory Structure Facing the Street
from 25 Feet to 10 Feet, to Allow the
Construction of an 8' x 24' Garage
Addition, Generally Located at 5980
Fifth Street N.E. (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . 16.01 - 16.12
.
.
.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1996 PAGE 6
NEW BUSINESS (CONTINUED�:
Resolution Adopting a "Proposed"
Budget for the Fiscal Year 1997 . . . . . . . . . . . . . . . . . . . . 17.0'I - 17.03
Resolution Certifying "Proposed"
Tax Levy Requirements for 1997
to the County of Anoka . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.01 - 18.02
First Reading of an Ordinance Amending
Section 2.06.01 of the Fridley City
Charter ..................................... 19.01-19.02
First Reading of an Ordinance Amending
Chapter 3 of the Fridley City Charter . . . . . . . . . . . . . . . . 20.01 - 20.06
Resolution Approving a $1,500,000
Loan to the Housing and Redevelopment
Authori#y in and for the City of Fridfey . . . . . . . . . . . . . . . . 21.0'l - 21.10
ADJOURN:
F �
FRIDLEY CITY COUNCIL MEETING OF AUGUST 26, 1996
., ..v-�'�^-��"L"'
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t.1 1 1 �F
FRIDLEY
Tl�e City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its
services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual
orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in any of Fridley's services, programs, and activities. Hearin� impaired persons who need an interpreter or
other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance.
(TTD/572-3534)
PLEDGE OF ALLEGIANCE:
APPROVAL OF MINUTES:
City Council Meeting of August 12, 1996
�' �. �
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APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS:
Spcond Rea�±�ng of �n c?r�E�?nce
Repeal Ordinance No. 1062 Perta
to Vacation of a Drainage and Utili
Easement (Industrial Equities, 73r
Ayenue and Northco Drive) (Ward
?C ;!�'� /`'`'��
C �..�,.
Second Reading of an Ordinance
Section 12.07 of the Ciry Charter t
Vacate Streets and Alleys and to �
Appendix C of the City Code (Ind�
Equities, 73rd Avenue and Northc
(Ward1) ...,..
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y,`
�l�
lL��
C,c.,,�`L`-i �f
ng
) . . 1.01 - 1.�2
2 p�-
�� �_
� f2���=
nend
rrial
Drive) -
. . . . 2.01 - 2.03
�.
Variance Request, VAR #96-18, by
the Ciry of Fridley, to Reduce the
Front Yard Setback from 35 Feet to
25 Feet, and to Reduce the Side
Yard Setback on a Corner Lot From
35 Feet to 30 Feet, all in Order to
Allow the Expansion of an Existing
Welfhouse, Generally Located at _
7345 Highway 65 (Ward 2) . . . . . . . . . 3.0� �'"��
C��i'�,c,,...,._...� -- � �z� .
,� .��=��J`t'���
Variance Request, VAR #96-19, by /t��`"�'
Carl and Margaret Christenson, to
!ncrease the Height of a Fence in
the Side Yard From 7 Feet to 8 Feet
3' Inches, Generally Located at
1327 - 66th Avenue N.E. (Ward 2) ... 4.01 - 4.2:;
�.� ��46y .�.� r.z;�.� �i� -a ��''I��
� ��� � ��� �� ^
��'� -�
Variance Request, VAR #96-20, �
Murphy Warehouse, to Allow a S gn ��;
Painted Directly on a Building,
Generally Located at 4850 Main ,,
Street N.E. (Ward 3) ,, . ��`., 5.01 - 5.'J:►
f�� •,v L,�N•: .
/
Resolution Ordering the Removal
or Repair of a Hazardous Building,
Pursuant to Minnesota Statutes,
Section 463, Located Within the
City of Fridley, Minnesota (218 - 57th
Place N.E.) (Ward 3) . . . . . . . . . . . . 601 - 6.16
��'= f ,v��..� �� ,
Approve One-Year Extension of
Variance Request, VAR #95-24,
by Kenneth Anderson, to Allow
Construction of a Porch and
Garage, Generally Located at
132 River Edge Way N.E. (Ward 3) .. 7.01 - 7.03
�"�`� —
� ,
. �,
APPROVAL OF PROPOSED CONSENT AGENDA: PUBLfC HEARINGS:
NEW BUSINESS (CONTINUEDI:
Establish a Public Hearing for
September 16, 1996, for the Sale
of Excess Property Located at 61 st
Avenue and 7th Street (Ward 1) ..... 8.01 - 8.02
,2�.�
Establish a Pubiic Hearing for September 16,
1996, for Osborne Road Street Improvement
Project No. ST. 1994 - 5(Ward 2) .... 9.01 - 9.02
,�� � ' �" %�� ���
Speciai Use Permit, SP #95-05,
by Home Depot, for a Garden Center,
Generally Located at 5650 Main Street
(Ward 3) . . . . . . . . . . . . . . .. . . . . . . . . . .
C1? _ � �, / � ` ,�
� �
NEW BUSINESS:
Variance Request, VAR #96-17, by
Michael and Sherry Perreten, to Reduce
the Side Corner Setback of an Attached
Accessory Structure Facing the Street
from 25 Feet to 10 Feet, to Allow the
Construction of an 8' x 24' Garage
Addition, Generally Located at 5980
Fifth Street N.E. (Ward 1) . . . . . . . . . . . . . . . .
Purchase Agreement between the � `���_
City of Fridiey and CP Rail System for jv
15.01 - 15.07
16.01 - 16.12
the Property Located at University Avenue
and 73rd Avenue (Ward 1) . . . . . . . . . 10.01 - :� L�:13 Resolu#ion Adopting a "Proposed"
���-r-�--�- Budget for the Fiscal Year 1997 . . . . . . . . . . . . 17.01 - 17.03
_ _._--- f--�-�---� a ;��� � --z�-�-�-�� �� •
�
Claims . ���;?2: ��-°:9'L-. . . . . 11.01
Licenses . � . �'� :�-L'�"�. . . . . . 12.01 - 12�5
- � ���—�- c�,u.,t.�-l.�
� ��� �
� ��` `�� �,�"'��,�' -
Estimates . . . C . . . . . . 13.01 - 13.07
�
Resolution Certifying "Proposed"
Tax Levy Requirements for 4997
to the County of Anoka . . . . . . . . . . . . . . . . . . . 18.01 - 18.02
i�� ;� `�`"' �,O/��— ,
First Reading of an Ordinance Amending
Section 2.06.01 of the Fridley City
Charter . . . . . . . . . . . . . . .iv�1-�-'C- 19.01 - 19.02
° �� � �-�- ,�_
` J S�
�� �.,�
First Reading of an Ordinanc" e Amending ���L��-�-�
Chapter 3 of the Fridley City Charter . . . . . . . . 20.01 �20.�E�" •
ADOPTtON OF AGENDA: �2_ �'y�'�L`�
�� � ��-- 3- � -s = �� /.>- �
�'"� `��` `�` (�esolution Approving a $1 500 000
`�J�3 �� Loan to the Housing and Redevelopment
L��Cf.Q � �J% f,,� . �_ �-� ��,
OPEN FORUM. VISITORS: �'���„-.- 3j,�uthority in and for the City of Fridley ....... 21.01 - 21.1 t
(Consideration of Items not on Agenda - 15 Minutes) �t ���`-�� G�� '
/� Informal Status Reports . . . . . . . . . . . , . . . . . . . 22.01
RUBLIC HEARINGS:
Application of Main Event for an
Intoxicating Liquor License for
the Property Located at 7850
University Avenue N.E.
(Ward 3) . . . �:�? .'"��. .! . .°. �. :�.�r. . 14.01 - 14.02
�__ �. � � /���-n .
ADJOURN:
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FRIDLEY
Name
Eric
Hahn
Position
Interpretive
Specialist
Exempt
APPOINTMENT
August 26, 1996
Starting
Salary
$28,945.76
per year
$2,412.15
per month
0
Starting
Date Replaces
Sept. 3, Scott
1996 Ramsay
z
THE MINUTES
THE FRIDLEY CITY COUNCIL MEETING OF
AUGUST 12, 1996
THE MINUTES OF THE
AUGUST 12, 1996
MEETING OF THE FRIDLEY CITY COUNCIL OF
The Regular Meeting o� the Fridley City Council was called to order
by Mayor Nee at 7:30 .m.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the
to the Flag.
ROLL CALL:
MEMBERS PRESENT:
MEMBERS ABSENT:
APPROVAL OF MINUTES:
cil and audience in the Pledge of Allegiance
yor Nee, Councilwoman Jorgenson, and
uncilman Billings and Councilman Schneider
lwoman Bolkcom
COLTNCIL MEETING, I JULY 22, 1996:
MOTION by Councilwo an Jorgensor to approve the minutes as
presented. Seconded b Councilman Billings. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
BOY SCOUT TROOP �167:
Mayor Nee welcomed Bo Scout Troop #167 to the Council meeting and
asked each member of the Troop to introduce themselves.
Ms. Schrupp thanked Council for allowing them to attend the
meeting. She said t e Boy Scouts believe good citizenship is not
just a word, but a de d. The Troop is working on a merit badge.
Councilman Schneider �tated that he was glad they could attend the
meeting to see how go ernment works.
Mayor Nee tl-ianked
meeting.
PROCLAMATION -
Boy Scout Troop for attending the Council
)OD NEIGHBOR DAY, SEPTEMBER 4, 1996:
Mayor Nee issued a p oclamation proclaiming September 4, 1996 as
Good Neighbor Day. He encouraged all persons who live and do
business in the City o take part in Good Neighbor Day as a way of
showing respect and c ncern for all in the community.
Mr. Pribyl, Acting
promoting Good Neighk
who, in turn, will
expected that a tot
stated he understanc
promotion on this evE
'ity Manager, stated that Schaaf Floral is
r Day by giving away a dozen roses to persons
ive the roses to others. He stated it is
1 of 5,000 roses will be distributed. He
that Schaaf Floral will be doing a media
t.
FRIDLEY CITY COUNCIL MEETTNG OF AUGUST 12, 1996 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
l. ESTABLISH A PUBLIC HEARING FOR AUGUST 26, 1996, TO CONSIDER
THE APPLICATION OF MAIN EVENT FOR �1N INTOXICATING LIQUOR
LICENSE, 7850 UNIVERSITY AVENUE N.E. (WARD 3):
Mr. Pribyl, Acting City Manager, stated that a liquor license
has been requested for Main Event at 7850 University Avenue
N.E. This is, for the property which was previously the site
for T.R. McCoys and Longhorn Grill and Bar. Since a public
hearing is required before a license can be issued he
requested that Council set the public hearing for August 26,
1996. The Police Department is in the process of conducting a
background investigation, and the results will be available
for the public hearing.
SET PUBLIC HEARING FOR AUGUST 26, 1996 TO CONSIDER AN
INTOXIGATING LIQUOR LICENSE FOR MAIN EVENT, 7850 UNIVERSITY
AVENUE N.E.
2. RESOLUTION NO. 51-1996 AUTHORIZING CHANGES IN APPROPRIATIONS
FOR THE GENERAL FUND, CABLE T.V. FUND, GRANT MANAGEMENT FUND,
HRA REIMBURSENlENT FUND, DRUG AND GAMBLING FORFEITURE FUND,
HOUSING REVITALIZATION FUND AND THE CAPITAL IMPROVEMENT FUND
FOR THE YEAR 1995: .
Mr. Pribyl, Acting City Manager, stated that this resolution
amends the estimated revenues and appropriations to the 1995
budget in accordance with the City Charter. The adjustments
have arisen as a result of donations, unforeseen expenditures
and items budgeted in the wrong categories. All adjustments
have either been informally approved by Council through the
Budget Reappropriation Form or made to eliminate negative
variances on the Comprehensive Annual Financial Report.
ADOPTED RESOLUTION NO. 51-1996.
3. RESOLUTION NO. 52-1996 APPROVING A THIRD SUPPLEMENTAL
INDENTURE OF TRUST AND A SECOND AMENDMENT TO LOAN AGREEMENT
REGARDING THE CITY'S COMMERCIAL DEVELOPMENT REVENUE BONDS
(FRIDLEY BUSINESS PLAZA LIMITED PARTNERSHIP PROJECT) AND OTHER
DOCUMENTS RELATING THERETO:
Mr. Pribyl, Acting City Manager, stated that this resolution
is related to the Fridley Business Plaza Partnership Project.
Revenue bonds were initiated in 1986 for this project, and the
partnership is using a new letter of credit to secure the
original bonds. It is, therefore, necessary to execute a
document entitled Letter of Representations and
Indemnification, as well as amendments to the original loan
agreement between the City and the Fridley Business Plaza
Limited Partnership. Mr. Pribyl stated that the documents
also contain minor changes that do :�ot affect the City. Jim
FRIDLEY CITY COUNCIL I�EETING OF AUGUST 12, 1996 PAGE 3
O'Meara, Briggs �& Morgan, has reviewed these documents, and
they appear sati factory.
ADOPTED RESOLUTI�N NO. 52-1996.
4. RESOLUTION
APPOINTING
STATEWIDE
NO.I 53-1996 DESIGNATING POLLING
ELECTION JUDGES FOR THE SEPTEME
ELECTION:
PLACES AND
Mr. Pribyl, Act'ng City Manager, stated that this resolution
designates both polling places and election judges for the
September 10, 1 96 primary election. The judges were picked
from lists suppl'ed by both political parties.
ADOPTED RESOLUTION NO. 53-1996. `
5. RESOLUTION NO.
REDEVE
S FOR TAX
- 14 ( WARD 3 ) :
i4-1996 MODIFYING THE REDEVELOPMENT PLAN FOR
OJECT N0. 1 AND THE TAX INCREMENT FINANCING
JCREMENT FINANCING DISTRICTS NOS. 1-3, 6, 7,
Mr. Pribyl, Acting City Manager, stated that this resolution
adds a parcel in the Great Northern Industrial Park to
Redevelopment P oject Area No. 1 for Wallboard, Inc.
Wallboard plans to construct a 30,000 sq�aare foot building
which will creat approximately thirty jobs. It is necessary
to expand the pr ject area in order to enable the Housing and
Redevelopment Au hority to provide a loan to Wallboard. This
resolution does not expand the tax increment financing
district.
ADOPTED RESOLUTI(DN NO. 54-1996.
6. RESOLUTION N0.
TO
27-020-18)
5-1996 AUTHORIZING MUNICIPAL STATE AID FUNDS
; ID HIGHWAY (C.S.A.H. 108) OSBORNE ROAD - OLD
S INSON BOULEVARD (CP 91-08-108) (S.A.P.
�R 2 ) .
Mr. Pribyl, Act'ng City Manager, stated that Anoka County
Highway Departm nt is proposing to upgrade Osborne Road
between Old Cen ral and Stinson Boulevard. The improvement
will consist o concrete curb and gutter, storm water
improvements, an a sidewalk on the Fridley side of the road.
This resolution equests State Aid off-system funding for the
City's portion o the improvement costs.
ADOPTED RESOLUTI�N NO. 55-1996.
7. RESOLUTION NO. �56-1996 TO APPOINT AN EMERGENCY MANAGEMENT
DIRECTOR FOR THEICITY OF FRIDLEY:
Mr. Pribyl, Acting City Manager, stated that Chapter 106 of
the Fridley Cit Code provides for the appointment of an
FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1996 PAGE 4
Emergency Management Director, and the City's Emergency
Management Plan refers to the Public Safety Director as the
Emergency Management Director. This resolution formally
appoints the Public Safety Director as the Emergency
Management Director.
ADOPTED RESOLUTION NO. 56-1996.
8. RESOLUTION N0. 57-1996 AUTHORIZING AGREEMENT WITH THE STATE OF
MINNESOTA FOR FURNISHING HAZARDOUS MATERIALS EMERGENCY
RESPONSE SERVICE:
Mr. Pribyl, Acting City Manager, stated that this agreement is
with the Minnesota Department of Public Safety to provide
chemical assessment team services to various counties in the
area. The agreement is in accordance with the rules of.the
Minnesota Hazardous Materials Incident Response Act. The City
will be reimbursed for all expenses incurred.
ADOPTED RESOLUTION NO. 57-1996.
9. CLAIMS: .
AUTHORIZED PAYMENT OF CLAIM NOS. 69238 THR.OUGH 695�2.
10. LICENSES:
APPROVED THE LICENSES AS SUB�MITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
11. ESTIMATES:
APPROVED THE ESTIMATES, AS FOLI�OWS:
Frederic W. Knaak, Esq.
Holstad and Larson, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
for the Month of July, 1996. . . . . . . . . $ 5,035.79
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 May, 1996. ....$ 15,157.31
FRIDLEY CITY COUNCIL
Schield Construction
13604 Ferris Avenue S
Apple Valley, MN 5512
Stonybrook Creek
Project No. 246
Estimate No. 6 .
Hardrives, Inc.
14475 Quiram Drive
Rogers, MN 55374-9461
TING OF AUGUST 12, 1996 PAGE 5
ompany
uth
Bank Restoration
. . . . . . . . . . . . . . $ 36, 754 . 03
Street Improveme t Project
No. ST 1995-1 &
Estimate No. 6 . . . . . . . . . . . . . . . $123, 392.46
No persons in the a
agenda items.
MOTION by Councilman
Seconded by Councilw
aye, Mayor Nee decla
ADOPTION OF AGEi3DA:
ence spoke regarding the proposed consent
neider to approve the consent agenda items.
� Jorgenson. Upon a voice vote, all voting
the motion carried unanimously.
MOTION by Councilman Billings to adopt the agenda as submitted.
Seconded by Councilma Schneider. Upon a voice vote, all voting
aye, Mayor Nee declar d the motion carried unanimously.
OPEN FORUM, VISITORS:
Ms. Shirley Arbor, 1 5 79th Way, questioned what was being done
about the homes at th corner of East River Road and Osborne Road.
She stated that this is a nice area with homes ranging in the
$100,000 plus, but the first two homes coming into the area are not
attractive and unkept, with parties held there all the time.
Councilwoman Jorgenso stated that the City is working with the
Police Department and the Code Enforcement Officer. Some citations
have been issued. Th City is aware of this situation, and it is
being followed closely.
NEW BUSINESS:
12. RESOLUTION NO.
ADOPTING 1996
58-1996 CONSENTING TO THE HOUSING AND
HORITY IN AND FOR THE CITY OF FRIDLEY
LEVIES COLLECTIBLE IN 1997:
Ms. Dacy, Community Development Director, stated that this
resolution gives cons nt to the Fridley Housing and Redevelopment
Authority (HRA) to impose a levy for a tax on all real property in
the City. This action is a small portion of a larger issue which
involves rehabilitatio of the housing stock. Fridley's population
FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1996 PAGE 6
is declining and aging, and there has not been a lot of new
residential housing. The income structure of the households is
also changing and declining, and there is an increase in non-
traditional households; single adults, single parents, and empty
nesters. In essence, Fridley is competing to retain its population
and attract new households.
Ms. Dacy stated that the City has adopted a housing program to give
people a reason to stay or move to Fridley and to create housing
opportunities to prevent blight and provide neighborhood stability.
Rehabilitation programs using State, Federal, Community Development
Block Grants, and HRA funds have been initiated to remove blighted
housing. Programs have been initiated for first-time home buyers,
'and a rental inspection program is now in place.
Ms. Dacy stated that there needs to be a mechanism to maintain the
housing stock, and there will be further demands for
rehabilitation. The HRA and the Council will have to evaluate the
financial impact of redevelopment projects, as there are scattered
pockets of housing that are severely deteriorated. The loan
program for rehabilitation is not a solution to all the housirig
problems but part of an attempt to prevent blight in the community.
Mr. Fernelius, Housing Coordinator, stated that the HRA tax levy is
authorized under state la�a. The levy would be used to support the
revolving loan program, focusing on single family housing
rehabilitation. The levy would be used as capital to create the
loan program, and the loan would be repaid through the tax levy
payments.
Mr. Fernelius stated that the loan to the HRA would be for $1.5
milli�n at ari interest rate of five percent over a fifteen-year
period. Al2 property in the City would be assessed for taxes
payable in 1997. The levy would generate $168,993 in 1997 or .0441
percent of the total market value in the City. The impact on a
single family home using an average value of $88,000 would be an
increase in taxes of about $12.00 per year. In terms of industrial
property, using a value of $9,500,000, the increa�e in taxes would
be about $l, 300 per year. The tax levy has to be approved by the
Council on an annual basis.
Mr. Fernelius stated that several other suburbs have enacted HRA
tax levies. Bloomington collects $643,000, which is used for
general administration as well as housing programs, and Brooklyn
Center collects $300,000 for economic development. Crystal is
banking their tax levy to use the funds for future redevelopment.
New Hope's levy is not large but is used for payinq salaries.
Richfield's levy would be similar to Fridley's, and South St. Paul
has a levy which amounts to $55,000 per year.
Mr. Fernelius stated that in regard to the need for a revol�ing
loan program, there are a number of factors to be considered. The
first is the age and condition of Fridley's housing stock. The
FRIDLEY CITY COUNCIL
N�ETING OF AUGUST 12, 1996 PAGE 7
City has a substanti 1 amount of housing units approaching thirty
years of age. Older housing requires more attention and has some
marketing implications in comparison with other suburbs in terms of
amenities. The 199 study evaluating housing conditions showed
that there are a minimum of 900 homes in the City requiring some
repair.
Mr. Fernelius statec
program is that the
rehabilitation to thc
lack equity in their
funding available, ar.
to address housing
crisis down the road.
Mr. Fernelius stated
next fifteen years c
levy would provide a
self-sufficient. Th
resolution adopting �
adopts this resoluti�
the August 26 Council
that another factor for a revolving loan
rivate sector is not providing financing for
�e persons that have higher debt loads or who
home. Also, there is not sufficient federal
l it is important to access the City's ability
;onditions now rather than responding to a
that the HRA fund balances will decline in the
ue to other redevelopment activities. This
funding source, and the program could become
� HRA considered this tax levy and passed a
levy for taxes payable in 1997. If Council
�n, the loan agreement would be disctzssed at
meeting.
Councilwoman Jorgens n asked for what purpose the loans would be
used.
Mr. Fernelius stated that homeowners use the loans for replacing
roofs, siding, window , and other repairs and improvements to their
homes.
Councilman Schneider
rehabilitation progr�
allow more persons
identified as a pric
stock. The better p
for the community. 7
as the value of ec
dollars invested.
Mr. Pribyl stated tha
consent of the City C
stated that the City is now involved in a
�. However, this would expand the program and
to participate. One issue the City has
ity goal is programs to improve the housing
�ple feel about their homes, the better it is
is seems to be a step in the right direction,
ryone's home will increase and offset the
the levy is for the HRA but does require the
ncil.
MOTION by Councilman Schneider to adopt Resolution No. 58-1996.
Seconded by Council oman Jorgenson. Upon a roll call vote,
Councilman Schneider, Councilwoman Jorgenson, Councilman Billings
and Mayor Nee voted 'n favor of the motion and Mayor Nee declared
the motion carried un nimously.
13. INFORMAL STATUS �tEPORTS:
Mr. Pribyl, Act�ng City Manager, stated that there were no
informal status eports.•
FRIDLEY CITY COUNCIL MEETING OF AUGUST 12, 1996 PAGE 8
ADJOURNMENT:
MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously and the Regular Meeting
of the Fridley City Council of August 12, 1996 adjourned at
8:10 p.m.
Respectfully submitted,
Carole Haddad William J. Nee
Secretary to the City Council Mayor
DATE:
TO:
MEMOR.ANDUM
DEVELOPMENT DIRECTOR
S► • • .
Bums, City Manager,��¢
FROM: arbara Dacy, Community Development Director
ott Hickok, Planning Coordinator
ichele McPherson, Planning Assistant
SUBJECT: econd Reading of an Ordinance Repeaiing Ordinance No.
� . 1 2 Regarding Vacation of a Drainage and Utility
� E ement in �Vorthco Business Park, for Industrial Equities;
7 rd Avenue and Northco Drive
On January 8, 1996, the Ci
Ordinance No. 1�62. The
property located near 73rd
Anoka County Register of �
currently described cannot
must be repealed, and a n�
must be adopted. The ord
the agenda.
Council conducted the second and final reading of
iinance vacated a drainage and utility easement on
renue being developed by Industrial Equities. The
es Torrens office determined that the ordinance as
: recorded. In order to correct Ordinance No. 1062, it
ordinance containing the corrected legal description
�nce with the correct legal description appears later in
The City Councit conducted �irst reading of the ordinance at its July 22, 1996 meeting.
RECOMMENDATION
Staff recommends that the
ordinance repealing Ordin<
MM/dw
M-96-345
Council conduct the second reading of the attached
No. 1062.
1.01
ORDINANCE NO.
AN ORDINANCE TO REPEAL ORDINANCE NO. 1062
PERTAINING TO VACATION OF A DRAINAGE AND
UTILITY EASEMENT
The City Council of the City of Fridley does hereby ordain as
follows:
SECTION l. Ordinance No. 1062 contained an erroneous legal
description regarding the vacation of a drainage
and utility easement.
SECTION 2. Because of the erroneous legal description,
Ordinance No. 1062 shall be repealed in its
entirety.
PASSED AND ADOPTED BY THE CITY COL7NCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1996.
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
First Reading:
Second Reading:
Publication:
WILLIAM J. NEE - MAYOR
1.02
0
DATE:
TO:
MEMURANDUM
EVELOPMENT DIRECTOR
22, 1996
Bums, City Manager �
FROM: arbara Dacy, Community Development Director
ott Hickok, Planning Coordinator
ichele McPherson, Planning Assistant
SUBJECT:
Reading ofi an Ordinance Regarding Vacation of
and Alleys for 73rd Avenue and Northco Drive
Attached please find an ord nance with the corrected legal description vacating the
utility easement located on e Industrial Equities property located at 73rd Avenue
and Northco Drive. The ' Council conducted tMe first reading of the ordinance`at
its July 22, 1996 meeting.
RECOMMENDATION
Staff recommends that the
with the corrected legal de
MM/dw
M-96-346
Co.uncil conduct the second reading of the ordinance
Z.� y
ORDINANCE NO.
AN ORDINANCE UNDER SECTION 12.07 OF THE CITY
CHARTER TO VACATE STREETS AND ALLEYS AND TO
AMEND APPENDIX C OF THE CITY CODE
The City Council of the City of Fridley does hereby ordain as
follows:
SECTION 1. To vacate those particular 20.00 foot drainage and
utility easements originally dedicated on the
recorded plats of Northco Business Park and
Northco Business Park 2nd Addition and now to be
vacated which lie within Lot 1, Block l, in said
Northco Business Park and Lot 2, Block l, said
Northco Business Park 2nd Addition and lying
southerly of the northerly 20.00 feet of said
lots. The centerline of said 20.00 foot easement
is described as follows: Commencing at the most
southerly corner of said Lot l; thence
northwesterly, along the southwesterly line of
said Lot l, a distance of 62.51 feet, to the
. intersection with the westerly line of said Lot 1
(said intersection hereinafter referred to as
19Point A"); thence southeasterly, along a line
passing through a point on a southeasterly line of
said Lot 2, Block 1, Northco Business Park distant
29.00 feet southwesterly from said most southerly
corner, a distance of 85.00 feet, to the point of
beginning of the centerline to be described;
thence northwesterly, a distance of 85.00 feet, to
the above referenced "Point A"; thence northerly,
along the westerly line of said Lot l, a distance
of 379.40 feet and said centerline there
terminating, generally located at the southwest
corner of 73rd Avenue and Northco Drive.
Al1 lying in the South Half of Section 11, T-30,
R-24, City of Fridley, County of Anoka, Minnesota.
Be and is hereby vacated subject to the
stipulation adopted at the City Council meeting of
January 8, 1996.
SECTION 2. The said vacation has been made in conformance
with Minnesota Statutes and pursuant to Section
12.07 of the City Charter and Appendix C of the
City Code shall be so amended.
2.�2
Page 2 - Ordinance No
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 8TH DAY OF JANU Y, 1996.
ATTEST: ..
WILLIAM A. CHAMPA,
Public Hearing:
First Reading:
Second Reading:
Publication:
WILLIAM J. NEE - MAYOR
'I Y CLERK
N vember 27, 1995
J ly 22, 1996
2.03
CITY �F FRIDLEY PROJECT SUMMARY
CITY WELL HOUS� FRONTYARD SETBACK VARIANCE REQUEST
_.. _._ _ _ __
A enda Item; < A licant: Ci of Fridle
Case Numlier: vA.R #96-18 _ A licatian Date. Ju1 17,;!199d
Staff Reviewer: Sc,�tt J. Hickok' Nleeting Date? August 14� 1996
Au st 26, 1996
e�tv Mana�ez� Authorization;
DESCRIPTION OF REQUEST:
John Flora, Public Works Director, a:
yard setbacks along I�'ighway 65 and 73
addition to be constructed, attach
proposed, the setback along High ay
rec�uired in similar districts.
STATEMENT OF AARDSHIP:
"The existing well location is a ph si�
fle�dbility that the City would have ad,
yet to be installed." I
; requested a variance on behalf of the City to allow reduced front
1/2 Avenue. The purpose of the request is to allow a filter plant
to the eacisting well house structure serving City Well # 12. As
65 and 73 1/2 Avenue would be 30' and 25', rather than 35' as
�1 characteristic of this site that has unfortunately, eliminated the
had this been a new well site and all drilling and equipment were
SUMMARY OF ISSUES: �
Code Section 205.12.8.(D).(8), state, "All perforniance standards for uses in this district shall be comparable
to similar uses that are allowed in o districts". The setback for commercial uses in this general vicin�iry
is 35'.
The setbacks of the pre-exisring well ouse are deficient by toda}�s standards and to attach the new building
to the existing structure invariably t� ers the necessity of a variance. Staff considered the elimination of
the existing building to eliminate t e pre-e�cisting, non-confornung setback issues. The logistics of the
demolitioq removal of the equipmen and adaptation of a new building and equipment to an existing well
caused staff to abandon the alternat ve and request a variance.
An effort was made to avoid moving the filter building back on the site in order to keep vistas open around
the new building and preserve view hed opportunites for a fi,►ture building on the undeveloped site to the
north and east.
STAFF RECOMMENDATION O THE APPEALS COMMISSION:
Staff recommended that the Appeals ommission recommend approval of VAR #9b-18 to the City Council
due to the physical characteristic of the well location and lack of alternatives on the site.
APPEALS COMM[SSfON ACT ON:
The Appeals Commission voted un nimously to recommend approval of the request to the City Council.
C[TY COUNCIL RECOMMEN�AT�ON:
Staff recommends that the City Co ncil eoncur with the Appeals Commission action.
3.0
STAFF IiEPORT
VAR #96-18
PROJECT DETAILS
Petition For: Variances to reduce the front yard setback of a filter building structure on the corner of
H'ighway 65 and 73 1/2 Avenue N.E.
Location
of Property:
Legal Description
of Property:
Size:
Topography:
Ezisting
Vegetation:
Ezisting
Zoning/Ptatting:
Availa6ility
af Municipal
�Ttilities:
Vehicula�•
Access:
Pedestrian
Access:
7345 H'ighway 65
Lots 1-3; Block 1, Central �ew Manor
3 5,460 square feet.
Flat
Urban Landscape
P, Public; Central vew Manor
Coruiected
73 1/2 Avenue
None
Site Planning
Issues: DEVELOPMENT SITE
Engineering
Tssues:
SUMMARY OF ISSUES:
Code Section 205.12.8.(D).(8), states "All perforn�ance standards for uses in this district shall be comparable to similaz
uses that are allowed in other districts". The setback for commercial uses in this general vicinity is 35'.
PROPERTY DESCRIPTION AND HISTORY:
T'he property is located at the intersection of H�ighway 65 and 73 1/2 Avenue. Locat�l on the property is a structure
housing City Well #12.
3.02
STAFF REPORT
VAR #96-18
The property has the following history:
1949: The zoning was design�
1969: City acquired the land t
1969: Zoning reverted to P, P
1970: City built well #12.
1996: A variance is requested
ANALYSIS:
as C-2S, Commercial.
«h foreclosure.
allow a reduced setback from H'ighway 65 and 73 1/2 Avenue.
In an .effort to dediver the higl�st quaiity ered water available, the City deternuned that a third filtration facility was
nceded. After an extensive sysst�ns anal sis by MSA Consulting Engineers, it was determined that this loca.tion was
the right location for the filter addition.
Options to try to eliminaze the need for a 'ance on the new filter addition were evaluated. However, the setbacks
of the pre-ea�ing well house are deficient by toda}�s standards and to attach the new buitding to the existing structure
invariabty triggers a variance.
Staff considered the elimination of the ' g building to eliminate the pr�-existing, non-confornungsetback issues.
Howeve�-, the logisrics of the demolition, removal of the �quipmern and adaptation of a new building and equipment
to an exisitng well cause�i staff to aband n the alternative and ask for a variance.
Ari effort was made to avoid moving the
In doing so, a future building on the unc
opportunities.
plant back on the site to keep vistas open around the new building.
�ped site to the north and east will have greater H'ighway 65 viewshed
There aze no realistic alternatives, short �f redrilling and relocating exisiting equipment on this site.
WEST: Zoning:
SOUTH: Zoning:
EAST: Zoning:
NORTH: Zoning:
Comprehensive
Planning Issues: Consistant
ADJACENT SITES
Mobile Home
1, Light Industrial
General Shopping
General Shopping
3
3.03
Land Use: Residential
Land Use: Rapid Oil
Land Use: Vacant
Land Use: Vacant
STAFF REPORT
VAR #96-18
Public Hearing
Comments: Nfichael and Alvan Schraeder, owners of the property to the north and east expressed concern
over the removal of the service drive.
STAFF RECOMMENDATION TO THE APPEALS COMMISSION:
Staffrecommended that the Appeals Commission recommend approval of VAR #96-18 to the City Council due to
the physical characteristic of the well location and lack of alternatives on the site.
APPEALS CONIlVIISSION ACTTON:
The Appeals Commission voted unanimously to recommend approval of the request to the City Council.
CITY COUNCII., RECONIlV�NDATION:
Staff recommends that the City Council concur with the Appeals Commission actioa
3.04
`
N
VAR #96-18
C ity of Fridley
7345 High�vay 65
�CATI O N MAP
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SAWCUT, TACK & MATCH EXIS7ING
3.�
1 CVICTt��n � ��.-�� �T.i � .....T...,.._ . __ -.
N ME�ETING. AUGUST 14, 1996 PAGE 7
UPON A VOICE VOTE, ALL
MOTiON CARRIED UNANII
Ms. McPherson stated the C
�
�ING AYE, CHAiRPERSON KUECHLE DECLARED THE
SLY.
Council would consider this request on August 26_
VAR
Per Section 205.12.04 o the Fridley Zoning Code, to reduce the front yard setback
from 35 feet to 25 feet, nd
Per Section 205.12.04 a
on a corner lot ftom �
weiihouse on Lots 1, 2,
7345 Highway 65 N.E.
the Fridiey Zoning Code, to reduce the side yard setback
5 feet to 30 feet to aliow the expansion of an existing
and 3, B1ock 1, Central View Manor, generaily located at
MOT10N by Dr. Vos, seconded by Ms. Beaulieu, to waive the reading of the pubfic hearing
notice and to open the pUblic earing. .
UPON A VOICE VOTE, ALL V T1NG AYE, CHAIRPERSON �UECHLE DECLARED THE
MOT10N CARRIED AND THE PUBLIC HEARING OPEN AT 7:5� P.M.
Mr. Hidcok stated the request is
has requ�sted the va�ance oi
along Highway 65 and a reduc
of the reques# to aliow the con
well #12. As praposed, the set
30 feet and along 731/2 Avern
Mr. Hickok stated the City aG
code is written, property acqui�
by City owne�ship and use of
Recently, the City Council h:
additional filtration facility in tt
the facility would be best plaG
Mr. Hickok stated a ha�dship
equipment is in place. The filtrai
wellhouse. The addition extend:
of-way. Staff looked at altern,
building back_ The issue is not �
setback. Staff also evaluated
y fhe City of Fridley. Mr. Flora, Director of Public Works,
behalf of the City to allow a reduced front yard setback
� front yard setback along 73 1/2 Avenue. The purpose
nactiori of an additiori to the filter plant stnacture serving
ack atong Highway 65 wouid be reduced from 35 feet to
: from 35 feet to 25 feet. �
�ed this property in 1969 through tax forfeiture. As the
I fo� a City purpose reverts to a"P", Public Designation,
e land: The existing building was constructed in 1970.
grappled with water quality and the necessity for an
City. The City hired a consulting firm to analyze whe�e
and this site was pinpointed.
does exist in that well #12 is drilled and the related
on building as designed would be matched to the existing
the existing building setback dimensions toward the right-
�tives to construction on this site including stepping the
new building but the existing building with a substandard
:he altemative of demolishing the existing structure and
3.07
APPEALS COMMISSION MEET[NG AUGUST 14 t996 PAGE 8
bring everything into conformance_ It was determined that demolishing the building,
drilling a new well and moving all the equipment was fscally impossible for the City. As
an altemative, staff looked at stepping the building back on the site, and it was determined
that the site line was established by the existing building and that the City would �ot gain
by stepping the building back. It may even hinder the property to the rear more having this
building set back closer to the propesty.
Mr. Hickok stated sfaff believe #hat the alternative that existed to demolish the existing
structure which was not realistic. There did not appear to be any othe� options. Staff
recommends that the variance request be approved. M�. Saefke from the City of Fridley
is present to answer questions.
Dr. Vos stated the request is for the existing building and asked if there was a request for
the addition.
Mr. Hickok stated staff is recognizing the substandard setback for the existing buildi�g.
The addition will extend that setback and will need the variance.
Dr. Vos state�! there seems to be construction along there aiready. -
Mr. Hickoic stated that is coRect.
PJIr. Kuechfe asked Mr. Saefke the proposed height of the building.
Mr. Saefke stated the building is 16 feer from the grade to the top. It will match the curre�t
wellhouse. it wilf be similar to the stnacture at the Commons site.
Dr. Vos asked what is to the east of the building.
Ms. McPherson stated parking will be to the east. This had been a service roadway ��ed
for the wellhouse building and which was removed.
Mr. Saefke stated it was his understanding that the City owned three lots side-by-side for
the filtration plant. The roadway was removed.
Dr. Vos asked how far the addition would be from the no�th p�operty line.
Mr_ Saefke stated he #hought they were within the code requirements to the north. To the
north is a mobile home court. He did not know who owned the prope�ty to the east. There
is a lot between the mobile home court and this site. The io#s to the north and east are
vacant.
K 1:
Mr. Hickok stated it is 65
Mr. Kuechle asked where
;ET[iVG, AUGUST 14. 1996 P
to the no�th property line.
gain access_
Mr. Hickok stated access is ai ng 73 1/2 Avenue_ The service road ends at the property
line to the no�th. There was di cussion of extending that service road which was met with
resistance from the tenants at e mobile home park. The idea was eventually abandoned.
Dr. Vos asked how access is k�ai
Mr. Hickok stated access
expand ihe roadway to the
Mr. Mike Sch�ade� stated his
and directly to ti�e east.
to the property to the north and to the east.
be from 73 1/2 Avenue. If necessary, the City could
to allow that service.
is the owner of the parcels immediately to the north
Mr. Schrader stated he thoug t it interesting that this is a retro-active variance request.
Citizens require approval in ad ance of virork being done. There has been a lot of activity
on the property. He provided photos of work being done on the site.
Mr. Schrader stated a road�
a permanent easement on
easements.
Mr. Schrader stated they hav
improvements snown is a typi
utilities. The setbacks and qui
drive was the primary entran
about 11 years. The street i
property owners in 1970. At
and connec� to Byron Road. '
who did not want to sell their
street improvement project ftor
until such time that the Byr
conjunction with a developme
site. Unfortunately, they were �
project.
Mr. Schrader stated the City
unsuccessful because the propE
was intended to be used as
was dedicated by easement to the City in 1970. There is
�rd that the City took title to the property subject to those
owned the�r parcels since th� spring of 9 9"l6. � The street
al City street with curb and gutter, storm sewer, 2nd other
claim deed were required to allow this drive. The service
e for that property when it was used as a sales center for
iprovements requested by the City were assessed to the
iat time, it was intended that this drive extend to #he no�th
iere is one home owner who has a home in that driveway
rope�ty. He showed a copy of a report by the staff for the
1990 which stated the right-of-way should not be vacated
n Road extension is completed to the no�th and is in
t proposal from him and his father for an Auto Mall on the
�able to maintain the level of tenants required to build that
at one time attempted to acquire an easement but was
�rty owners �efused to sell. It basically states this property
a City street. He showed infiormation from the street
3.09
APPEALS COMM[SS[ON MEETIN(',, AUGUST 14, 1996 YAGE 10
improvement project for 1970 which shows Mr_ Brooks who owned the prope�y to the no�th
did not wish to sell prope�ty for the easement; however, the owner from whom they bought
the property did provide the easement. Mr. Schrader showed the legal description of the
parcel that is now land locked.
Ms. Beaulieu asked if she was co�rect that Mr. Sch�ader had purchased the land in 1976.
Mr. Schrader stated the actual petition was pa�t of the 1970 road improvement project.
The actual �mprovements were not done until a late� date. The resolution approving it was
in 1969, but it was put into the 1970 budget for a service drive, water and utiiity
improvements for street purposes. They pu�chased the property in 1976 with the idea that
they would operate a retail facility on this location and the road was the primary entrance
into the facility. In 1986, they stopped selling there with the intention of developing the
parcel for another use. They set out to assemble the 1and. The parcel to the east was
owned by Royal Electric. In conversation with the City to purchase those po�tions to the
east of Lots 2 and 3, Block 1. tt was very clear that they were going to sell this property
so they could construct the Auto Ma�l. They had a purchase agreement with the City but
it never worked out. They continued to market the prope�ty. They rezoned their parcel
alo�g v�vith the City's stated corridor improvements for Highway S5. This i5 also�a tax
increment financing redevelopment parcel.
Mr. Schrade� stated, in 1994, they completed the rezoning to C-3. !n 1994, they came in
with a proposal through the City Council workshop for a mini-storage #acility, and their
ward member wanted to keep this area a"high-image" commercial use.
Mr. Schrader stated what the City has done is destroy their ability to market this property.
They cannot market with a 16-foot building on the frontage and with no access to the
property.
Mr. Schrader showed a memo indicating the assessment for the City road. They have paid
over $13,000 for that road and showed the attachment to the memo along with the
assessment history on the property. They have incurreci a significant increase in value this
year which is a slap in the face in light of what is going on. What bothers him is that this
is about a$2.5 million project that the City has known about for two yea�s. Studies were
done, appropriations made in the 1996 budget, but the adjacent prope�ty owners were not
notified that they were going to lose their road. He felt this was a violation of due process.
He thought there were a lot of damages he�e. He thought the City should make it right.
Their position is they are here going through the appeals p�ocess notwithstanding the fact
that the p�oject is going to get built. There is no discussion about thai. This is a bit
backwards. lt is unfortunate for them becau�e they will likely have to rezone thei� property
i�dustrial and try to get what they can #or it and take their losses.
3.10
M�ETING, AUGUST 14, 1996 PA�
Mr. Schrader stated their z ning question is with relation to the P zoning which is
questionable as well. The Ci zoning maps indicate this is C-3 ali the way through as was
the neighboring property. en he picked up a zoning map this week, fhe map had a
handwritten circle around the rcel in question and it said P zoning. There is no building
or g�ading peRnit on record. 8-foot hole is dug and footings poured. He did not think
this could be done without a ermit. A11 the trees have been torn down and are gone.
Mr. Schrader stated their pro
and no access to the south. l
saying, i� we want access to �
on our own land, #he owners v�
represents a significa�t loss ir
this point, consideration of a
laughable. He wan#s this to gc
must be a policy that cities
requirements and he does not
Commission not support this v
their request for compensat
whatever is required to gain �
for that. They ask that the
reverted badc to them so it c�
of asphalt on the eastem part
provided, they think the City s
a reasonable market rate. T
$6/foot for their land.
Mr. Schrader stated he and
are considering their other
they are here tonight to do
Mr. Kuechle stated the Appe
cannot address the other iss
�equest is reasonable and
issue of whether the road
Commission can deal with.
Mr. Schrader asked, if the
construction.
Mr. Kuechle stated, if the v
The City owns the land and
erty is now landlocked. They have no access to the north
iere is no direct access from Highway 65. Now the City is
ur parcel, we have to build our own road again. If we do it
II be assessed for it again. They have paid for it once. This
square footage if they have to put another roadway in. At
�ariance is down t�e road past where everyone is that it is
to the City Council with the idea that this is not right. There
;annot do this. As a developer, he is familiar with the
�ee this ha�ening here. It is their position that the Appeals
riance and to note in the record their complaints, problems,
�ry damages paid for in asse�sments with interest, and
ccess to this parcel. He feels they should not have #o pay
30 foot right-of-way granted to the City� by easement be
i be used again if the�e is no roadway. They have 30 feet
>� of their property which they cannot use. If no access is
ould purchase the land. They agreed to purchase land at
e City wanted $6 a foot. They would be happy to accept
fa#her are very angry and upset. They feel betrayed. They
ons. Staff asked them to go through the due process and
Commission can only deal with the appeals process and
The issue for the Commission to address is whether the
�ther a sufficient hardship has been demonstrated. The
the easement is enforceable is not an issue that this
is not granted, would the City be able to continue
ce is not granted, the structure would have to be moved.
a ce�tain right to use it. The structure still could be built.
3.11
APPEALS COMMISSION MEETING AUGUST 14 1996 PAGE 12
Mr. Schrade� stated the City had done studies before and shared with them the options for
Lots 2 and 3. With each of those options they demonst�ated that they couid not buiid
anything on their portion of land. That is what we feel predicated their willingness to take
this roadway and make an aggressive, if not questionable, legal decision #o take the road
away.
Mr. Kuechle stated, if there is a legal �oute, that is an issue to be addressed with the City.
Ms. Beau�i�u stated it seemed that some of the things being asked for are things that only
a judge could order in a court of law.
Mr. Schrader stated he thought thei� request is very clear. They are asking the variance
not be granted and the construction be stopped. If the City has to move the building, then
so be it.
Ms. Beaulieu stated the City Council will review this �equest regardless of their
recommendation.
Mr. Kuechle asked, if the building were moved 5 feet, would it heip their si#uation.
Mr. Schrader stated no, it woufd not. However, supporting the request allows the project
to continue. They would like #o stop the project so they could negotiate with the City in
earnest. The City's official position is basically to say tough but we can oppose it if we
choose to. He questioned the City attomey on severa! areas of the law and the attorney
stated they were under construction. He wants to find a way to resolve. He does not v►�ant
to sue the City.
Mr. Kuechle stated, unfortunatety, the only issue the Commission can deal with is the
variance request.
Mr. Alvan Schrader stated he was the owner of the property. He has worked over 20 years
with the City Council to resolve what to do along Highway 65. He cannot understand why,
when he brought a project to the City, al1 he heard was a high image corridor and the City
is now constructing a wellhouse and taking away the service road. Every time they ialk
about this piece of property it is too small. The City could not even relocate the people
from Central Avenue along the co►ridor. They want to do a relocation and redevelopment
prog�am because it did not meet the setbacks. Now when the City wants to build a
wellhouse, they dest�oy the street in front of it along wi#h access to his property. He paid
$17,800 plus being taxed at the highest vacant comme�cial proper#y rate for 11 years and
now he has a road in front of his prope�ty that goes nowhere. He happens to own property
on 73 1/2 St�eet but he has no frontage and, if he wants to expand, he then has to do a lot
3.12
PPEALS COMMISSfON M�ET[N
PAGE 13
consolidation program. W o is causing this probiem? He has paid taxes at the
commercial rate, he has paid ssessments, and he wants to be reimbursed. He thought
it was time that those who re on the Commission deny this variance request. This
va�iance request did not even me into being until they went to the City and questioned
what they were doing. If th y had not done that, there would not even have been a
request for a variance. This project would have gone ahead because the City can do
whatever it wants behind eve ne's back while the citizens or taxpayer next door has no
rights. The City makes its o rules and does what it pleases. If the Commission does
not disapprove of this varian �equest, then they just become part of the establishment
and fal! in line with the peopl next door.
Dr. Vos stated the property er to the north stated that the variance request had started
just recently. Is that correct?
Mr. Hickok stated there was anlapplication. Neighbors are notified after an application is
made. The application was n file when Mr. Schrader came in and the neighbors are
notified with sufficient time be ore it comes to the Commission. There is no discrepancy
in application times as far as nstruc�ion goes. �The Schraders are correct in that there
is construction going on at the site at this time.
Dr. Vos asked when construct�on began.
Mr. Hickok stated he believed grading is happening on the site at the time they came to
speak about the application.
Dr. Vos asked if the variance
Mr. Hickok stated yes, plus
existing and nonconforming
Ms. Beaulieu asked if the City
built.
was for the existing building.
the new buitding as weli. The existing building is a pre-
a variance in 'i 971 when the existing structure was
Mr. Hickok stated the building w s constructed according to the setback requirements that
existed at that time. The cade s ates that ali P districts should utilize setback dimensions
for similar uses. All of the wellh uses are in residential districts. Therefore, they used that
as their standard setback and his would meet those setbacks.
MOTION by Ms. Beaulieu,
>nded by Dr. Vos, to close the public hearing.
3.13
APPEALS COMM(SS(Olv MEET[lYG AUGUST 14 199G PAGE 14
UPON A VOICE VOTE, ALL VOTING AYE, CHA{RPERSON KUECHLE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:37 P.M.
Dr. Vos stated he was surprised there was construction going on. in other cases where
petitioners are in the process, they are not continuing construction. He did not have a way
to resolve. The existing is setback at 25 feet and 30 feet. If they move it back, the land
owner to the north has no additional advantage but it is more costly to the City. He did not
know how to resolve fhis.
Mr. Kuechle stated he can understand why the prope�ty owner does not like this project.
Yet, the City owns the land and has certain rights to use it. He did not think they were
using it adversely. If the road existed legalfy, that is an issue that must be dealt with but
it is not a part of the variance request. It seems that there is sufficient hardship in that the
building exists already and to ask that the entire building be moved seems out of place and
could harm the property owner even more by moving even cioser to thei� pro�erty. He did
not see that granting of the variance has an adverse effect. There does look like there is
an altemative road so that is not issue here either. Tha# part is not for this Commission
to decide. hle would recammend approval.of the request.
Ms. Beaulieu stated ihere are fsca! considerations but we are not to take that into
consideration for the public. When these are fiscal consideration of the City, that is our
pocketbook This is an existing condition and usually we go along with existing conditions.
The complaint from the neighbors seems to be mainly that the road is missing and it
sounds like the City could do that whether adding on to the wellhouse or not. This may be
a legal issue that this Commission canno# deal with. As the reques# stands, she would go
along with it and recommend approval.
MOTION by Ms. Beaulieu, seconded by Dr. Vos, to �ecommend approval of Variance
Request, VAR #96-18, by the Ciiy of Fridley, to reduce #he front yard setback from 35 feet
to 25 feet, and to reduce the side yard setback on a corner lot from 35 feet to 30 feet to
allow the expansion of an existing wellhouse on Lots 1, 2, and 3, Block 1, Central View
Manor, generally located a# 7345 Highway 65 N.E.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
5_ PUBLIC HEARING: CONSIDERATION OF A VARIANCE REQUEST VAR #96-19
BY CARL & MARGARET CHRISTENSON:
Per Section 205.04.06.A.(6) of the Fridley Zoning Code, to increase the height of
a fence in the rear yard from 7 feet to 10 feet on Lot 7, Dennis Addition, the same
being 1327 - 66th Avenue N_E.
3.14
Case; Number�
L 1\�i �'
; CIT� OF FRIDLEY PROJECT SUMMARY :
1327 - 66t Avenue N.E. Fence Hei ht Variance Request
ticant. earl8
AR #96-19 Iication Date ;
JTchele`McPfi'rson Meetir�g Date P
_ _ �
thanzatiQn. �.h"�� _
DESCRIPTION OF REQUE:
Carl & Margaret Christenson aze
fence in the side yard from 7 fe
1327 - 66th Avenue.
SUMMARY OF ISSUES:
Section 205.04.06.A(6) of the
shall be no more than 7 feet in
is to prevent negative impacts :
aesthetic appeal of residential
Iul� 18, 1996
igust i;4, 1996
ugust 26, 19�6
questing that a variance be ganted to increase the height of a privacy
to 8 feet 3 inches. The request is for a fence on the property line at
ey Zoning Code requires that a fence bordering side and rear lot lines
ht in any residential district. Public purpose served by this requirement
as limited light and view caused by ta11 fences and in order to maintain
The p�titioners have submitted unique hardship in that Dr. Christenson suffers from a neurological
condition which protu�its the W of clothes or receiving any form of physical coniact. The petitioners
c�nstructed a higher fence to p ovide appropriate privacy and eliminate sight lines from the adjacent
properiy to the west. The height f the fence was observed by the Building Official upon final inspectian
of an addition to the dwelling.
STAFF REC0111�VVIEENllATIO
The hazdship stated is due to the
Staff originally recommended that
fence from 7 feet to 8 feet 3 i
following stipulation: l. Per S
writing that the adjacent propert
The Appeals Commission voted i
with the stipulation suggested by :
supporting the need for additior
request. The Commission also r
for the life of the fence. ff the fec
variance shall be applied for and
CITY COUNCIL RECOP
Staff recommends that the C
two stipulations.
AND APPEALS COMMISSION ACTION:
lysical hardship of the property owner as opposed to the property.
ie Appeals Commission deny the request to increase the height of the
;hes. Regardless of the Commission's action, staff recommended the
�ion 213.05 of the City Code, the petitioner shall submit a letter in
owner agrees to the location of the fence.
rumously to recommend approval of the request to the City Council
f The petitioner presented information regarding adjacent sight lines,
fence height. Testimony from the neighborhood also supported the
�mmended a second stipulation: 2. The variance shall be valid only
is ever damaged or removed to greater than 50% of its value, a new
f DATION:
concur with the Commission's recommendation, subject to the above
4.01
Stafi Report
VAR #96-19, 1327 - 66th Avenue N.E.
Page 2
PROJECT DETAILS
Petition For: A variance to increase the height of a fence in a residential district from 7 feet to 8 feet 3
inches.
Location
of Prnperty:
Legal Description
of Property:
Size:
Topogrstphy:
Ezisting
Vegetation:
Ezisting
Zoning/Platting:
Availability
of Municipal
Utitities:
1327 - b6th Avenue N.E.
Lots 7, Dennis Addition
31,540 square feet (approx.); .72 acres
Mostly flat, sloping to creek
Typical suburban; grass, shrubs, sod, trees, etc.
R 1, Single Family Residential; Demus Addition 1954
Connected
Vehicular
Access: 66th Avenue
Pedestrian
Access: N/A
Engineering
Tssues: N/A
3ite Planning
Issues:
4.02
Stafi Report
`'AR #96-19, 1327 - 66th Avenue N.E.
Page 3
REQUEST
Carl & Margaret Christenson are requestin
side yard from 7 feet to 8 feet 3 inches.
SITE DESCRIPTION/AISTORY
The subject parcel is located east of the
property is a single family dwelling unit
issued since the building's initial construc�
1968 -
..�
DEVELOPMENT SIT�
; that a variance be granted to increase the height of a privacy fence in the
The request is for 1327 - 66th Avenue.
intersection of Central Avenue and 66th Avenue. Located on the subjed
which was constructed prior to 1968. Several building permits have been
Construction of a I 16 ft. by 22 ft. family room/den addition
Internal
1995 - Construction of a 2,391 sq. ft. addition .
ANALYSIS
Section 205.04.06.A(6) of the Fridley Zo ' g Code requires that a fence bordering side and rear lot lines shall be no
more than 7 feet in height in any resid ial district.
Public purpose seived by this requirer�ent is to prevent tall fences in order to maintain the attractiveness of a
residentiai azea. I
Dr. Christenson suffers from a unique ne�rological condition which prohibits physical contact of any kind including
clothing. Dr. Christenson, therefore, co pletes many activities without the obstruction of clotlurig. The fence was
constructed on the property line at a hei t of 8 feet in order to provide maximum privacy for Dr. Christenson and
to eliminate sight lines from the adj t property to the west. This fence allows Mr. Christenson to be outside
without clothes.
The City has not previously r�viewed re
the fence are for fences located in the frc
in naiure, 1 foot 3 inches, and does not
and varies in height from 6 feet to 8 fee
of adjacent site lines into the property to
�ests of this nature. Typically, variance requests to increase the hei,ght of
yard where the maximum height is 4 feet. This variance request is minimal
3versely impact sight lines from adjacent properties as the fence is stepped
Staff, however, does not have adequate information regarding the impact
�eirnine if the variance is warranted due to a physical hardship of the land.
4.03
Stati Report
VAR #96-19, 1327 - 66th Avenue N.E.
Page 4
STAFF RECOMMENDATION TO THE APPEALS COMIVIISSION:
The hardship stated is due to the physical hardship of the property owner as opposed to the property. While the
request is unusual in r�ure, staff recommended that the Appeals Commission deny the request to increase the height
of the fence from 7 feet to 8 feet 3 inches. If the petitioner desires to present additional information regarding the
site lines from the adjacent property, staff recommended that the Appeals Commission table the request. Regazdless
of the Commission's action staff recommended the following stipulation:
1. Per Section 213.05 of the City Code, the petitioner shall submit a letter in writing that the adjacent
property owner agees to the location of the fence.
APPEALS COMIVIISSION ACTION:
The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the
stipulation suggested by staff. The Commission also recommended a second stipulation:
2. The variance shall be valid only for the life of the fence. If the fence is ever damaged or removed to
greater than 50% of its value, a new variance shall be applied for and approved.
CITY COUNC`II.. RECOIVIl��NDATION:
Staff recommends that the Council concur with the Commission's recommendation.
WEST:
SOUTH:
EAST:
ADJACENT SITES
Zoning: R 1, Single Family
Zoning: R l, Single Family
Zoning: R-1, Single Family
Land Use: Residential
Land Use: Residential
Land Use: Residential
NORTH: Zoning: R-1, Single Famiiy Land Use: Residential
Comprehensive
Planning Tssues: The Zoning and Comprehensive Plans are consistent in this location.
Public Hearing
Comments: A neighbor spoke in favor of the fence.
4.04
N
VAR If96-19
ristenson
VAR #96-19
Carl Christenson
13 72 66th Avenue
LOCATION MAP
4.05
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July 10, 1996
Michele McPherson, Planning Assistant
City of Fridley
Fridley Municipal Center
6431 University Ave. N.E.
Fridley, MN 55432
Dear Ms. McPherson;
This letter is concerning your correspondence dated June 28,
1996, concerning certain sections of the privacy fence on our
property at 1327 66th Ave. N.E. Your letter states that sections
of said fence appears to be over the maximum of seven feet
allowed by code.
The reason this fence was built is to related to a rare
neurological disease involving my husband's spinal card. This
problem has existed sinee 1976 but it has become increasingly
severe in the last five years. It was manageable until 1991 when
he was forced to retire. The problem is characterized by searing
pain that is aggravat�d by any type of touch including clothing.
For this reason, we needed a higher fence to obtain appropriate
privacy and eliminate direct sight lines from our neighbor's
windows. It is unfortunate that this variance was not applied
for and obtained before the construction of the fence.
We will be pleased to work with you on this matter and if it will
add clarification, we would be happy to have one of your staff
meet with us. Our telephone number is 574-2620.
We are in the process of filling out the forms you sent us and
will have those in your office before the July 19, 1996,
application deadline.
Sincerely,
� � �
�2� � �� _
�� �
Margaret Christenson
cc: Appeals Committee
4.10
a
, v
�
JUL 1� "�+�� i=;_ ��F'f 1 Ht,i;
. .. _':i. ', _
�� . .. - .-
)ulv 3, i996
RE: Dr. Cari Christenso;z
386-30-1 �27
To Whom It I�iay C.oncern:
I am writin� reoaz'ding a
MN 5�432_ This is the
Dr. Christenson is a patient
generated by any form of tc
F'FiI�J
F' . � �
��
��13L�UTT
1c.-�}2"TH;I'��'1 r!:`
!.�(?SPI'i��t.
�i,rc:r }�c-nny in-tirur�
...i��:`..�>i�1�ri�, •�ii��i
: variance on the fenc�ng at 1327 b6th Avenue N.E., Fridley,
e of br. and Mrs. Carl Christe�zson.
mine who has a neuro�ogical condition in which pain is
�, �att�cularly to the s�rin of his leg and torso.
Since, due to t��is problem, h wears as little cl.othing as possihle, privacy becomes a major
issue. �e�efore, to pr�vent ight �ines d�re�tly intQ the house, high fences were instataetl.
'I'hese fen�es also rnake ;t pos ible for hiztt to go outside.
I add my request for this va�i
Sii�cerel'y,
/ r �L`
/ � ! -�1 f i ��
// I /'� � ` f ' J �
� r r -` �.
l,
Miies Belgrade, M.D.
Medic� Director of Pain S�
Chronic Pain Rehabilitation
MB: gsj
€or their pritvacy f�nces t� exceecf the 7 foot minim�um.
ogram
4.11
07i16i96 16:44 FACILITIES ENG 42-8E-03 � 95711287 N0.764 P002
RC)BERT G. JOSLIN AtA A►F�(rH1TECT
3001 Marine Circle • Stiliwater. Mi��esota 55082 • t6121 439-Q218
July 16, 1996
Scott Hickock, City Alanner
City of Fridley
6431 University�Avenue
Fridley, MN 55432� .
Re: ].327 66th S�. N.E.
Dear Mr. Hicl�ock:
. I am the architect for this residential project and I understand that the
fence on the west side of the property is not in compliance with your plan-
. ni ng code .r�aximum height of 7' .
To give you the backgrounQ, when we siarted the project there.was an F3' high
fence on the east property line so i assumed that this was the acceptable
height in this area. We designed it tu start at 6' and step up to 7' a�d
then to 8' at a portion of the west side. This was done to give Or, Chris-
tenson, the owner, maximum visual privacy on that side because of the prox-
imity of the house next door. During the fence-bpilding effort it was
raised even higher when we could see the sight lines to the neighboring
windows. �
Dr. Christenson has a rare medical problem that elevates his body temper-
ature so high that he feels most comfortable r�ithout clathes. This was the
reason for steppi�ng the fence up to give him the visual privacy. This was
only done on a portion of the fence on the west side and not the entire fence.
So, we are requesting a VARIA��CE from the 7' max, ht. to allow us to keep the •
fence as it is built. •
Sincerely,
Robert sli
cc: Margaret Christenson
Ron Danielson
.:
�
.
.,
4.12
�
2I3.OI. DEFINITDON .
As used herein the term 'fe�
partition erected for the p�
divide a piece of land into
includes an enclosure abo
especially an enclosing str�
intended to prev�t intrusi<
(Ref. 180)
213.02. PRIVAZE NU�SANCE
Any fence maliciously ere
annaying the awners or occ
deaaed a pr'ivate nnisance.
either in his or her comf
estate by such fence, may
sustained hereby and may ha�
213.03. PR�HIBITDON
213. _FII�ICES,
(Ref. 180 j
DEFI2�lITION
e" means and includes a structnre or
pose af enclosing a piece of land or to
listinct portions. The term "fence"
: a field or any other place, and
=ure of wood, iron or "other material
f ran without or straying f rom wi th in.
213.C�.
.ed or maintained for the pnrpose of �V� ���
�ants of adjoining property shali be
Any such owner or occupant injured,
t or in the enjoyment of his or her
ve an action of tort for the damage
such nuisance abated.
It shall be unlawful for any person to construct and maintain or
alivw to be vonstructed or intained upon any property located
within the limits of the City of Fridley any barbed wire fence, or
any fence of inetal oonstruc�ti n or otherwise� which is �charged or
oonnected with an electrical r�t in s� a marjner. as to transnit
said current to persoris, imals or things which might oome in
contact with same. - -
. . . ,,
213.04. I�OT L�1i�S .
Whenever a fence is or shall 1
public property, whether the :
otherwise, the City may regui;
a fence naw exists or is to b�
said property through the pla�
licensed surveyor and oti�erwi
case, no s�vey is necessary �
may be issued. on certificate <
or she is the vwner of the pre
to be located.
213.05. LOCATIJON
'�,'�, All fences must be iocated en
��� person, fiim or corporation c
� fence to be so constructed
property owners may agree �
' located on the division line �
,\
. ..• r �
. _ ` IAT LIl�'S
e located upon any premises abutting
3me be a street, alley, public way or
e the awner of fhe property �pon which
iocated to establish lot lines upon
ing of permanent stakes located by a_
�e approved by tlie Council. Zn any
ad a permit for the same when required
� affidavit of t-he applicant that he
aises upon which such fence lies or is
rely upon the private property of the
�structing the sar�e or causing the
nd erected, except that adjoining
writing that saici fence shall be
their sa�_d properties.
4.13
LOCATION
213-1
213.06. suB�T� �s�crla� � ��r
�ery fence, whensoever and howsoever constructed, shall be
constxucted in a substantial maru�er and of a substantial materiAl,
reasonably suitable for the purpose for which the fence is proposed
to be used. �ery fence shall be maintained in a condition of
reasonable repair and shall not by reason of age, decay, accident or
otherwise be allowed to become and renain in a state of disrepair so
as to be or tend to be a nuisance to the injury of the public or any
abutting property. Any fence which is dangerous by reason of its
�onstruction or state of disrepair or is otherwise injurious to
puUlic safety, health or welfare is a nuisance; and any such fence
which has beoame or t�ds to be a nuisance shal 1 upon order of a
competent court be repaired or r�noved as necessary to abate the
nuisance caused or tending to be caused thereby.
213.07. PQII�LTIFS
Any violation of this Chapter is a misd�eanor and is subject to all
penalties provided for such violations under the provisions of
Chapter 901 of this Coc3e.
'£�
213.07.
,_
•• �� •
u � a a �a
.�. : _ i�:
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;'�
_� . `.
. ..:-.�.
1 � °��
4.14 213-2
August I2, 1996
Roger Larson
1339 66th Ave. N.E.
Fridley, Mn 55432
To Whom It May
Thi's letter is in ref
requested by Carl and
construct�d a fence a
west side of my prope
have no obje�tions to
Sincerely,
Lt�-
Roger Larson
a
ence to the fence variance that is being
argaret Christenson. The Christensons
a height of 8' rather than 7' b�tween the
y and the east side of their property. I
t being 8' in height.
4.15
August 12, 1996
Betty �nn Addison
1315 66th Ave. N.E.
Fridley, Mn 55432
To Whom It May Concern:
This letter is in reference to the fence varianc
requested by Carl and Margaret Christenson. The
question was placed on the boundary line between
my property and the west side of the Christenson
Christensons's are requesting that a variance be
the fence to be at 8" 3" rather than 7'. I have
being at 8' 3". '
Sincerely,
`1`%� �
Betty Ann Addison
4.76
e that is being
fence in
the east side of
property. The
granted to allow
no objects to it
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APPEALS COMMISSION MEETIIVG AUGUST 14 1996 PAGE 14
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRiED AND THE PUBLIC HEARING GLOSED AT 8:37 P.M. /
Or. Vos stated he was surprised there was construction going on. In other case ere
petitioners are in the process, they are not continuing construction. He did not h e a way
to resolve. The existing is setback at 25 feet and 30 feet. If they move it b k, #he land
owner to the no�th has no additional advantage but it is more costly to the ' y. He did not
know how to resolve this.
Mr. Kuechle stated he can understand why the property owner d s not like this project.
Yet, the City owns the land and has certain rights to use it. did not think they were
using it adversely. If the road existed legally, that is an iss that must be dealt with but
it is not a part of the variance request. It seems that there ' sufficient hardship in that the
buifding exists already and to ask that the entire buildin e moved seems out of place and
could harm the property owner even more by movin ven clos�r to their property. He did
not see that granting of the variance has an adv e effect. There does look like there is
an altemative road so that is not issue here her. That part is not for this Commission
to decide. He would recommend app�ova f the request. . ..
Ms. Beaulieu stated there are fs considerations but we are not to take that into
consideration for the public. Wh these are fiscal consideration of the City, that is our
podcetbook This is an existing ndition and usually we go along with existing conditior�s.
The complaint from the ne' bors seems to be mainly that the road is missing and it
sounds like the City could that whether adding on to the wellhouse or not. This may be
a lega! issue that this C mission cannot deal with. As the request stands, she would go
along with it and re mmend approval.
MOTION by . Beaulieu, seconded by Dr. Vos, ta recommend approval of Variance
Request, V #96-18, by the City of Fridley, to reduce the front yard setback from 35 feet
to 25 fe , and to reduce the side yard setback on a corner lot firom 35 feet to 30 f�et to
allow e expansion of an existing wellhouse on Lots 1, 2, and 3, Block 1, Central View
Ma r, generally located at 7345 Highway 65 N.E.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION
CARRIED UNANIMOUSLY.
5. PUBUC HEARING: CONSIDERATION OF A VARiANCE REQUEST VAR #96-19
BY CARL & MARGARET CHRlSTENSON:
Per Section 205.04.06.A.(6) of the Fridley Zoning Code, to increase the height of
a fence in the rear yard from 7 feet to 10 feet on Lo# 7, Dennis Addi#ion, the same
being 1327 = 66th Avenue N.E.
4.20
APPEALS COMM(SS(OlV M�ETII�G. A
PAGE IS
MOTION by Ms. Beaulieu, sec�nded by Dr_ Vos, to waive the reading of the public hearing
notice and to open the publiclhearing.
UPON A VOICE VOTE, ALL �OTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTiON CARRIED AND TH PUBLIC HEARING OPEN AT 8:42 P.M.
Ms. McPherson stated the rec
7 feet to 8 feet 3 inches. T.
requested to the height of fe
Also unusual about this requE
the owner's physical health �
form of physical contact due
fences. This condition was
inspection for a sub�tantial ac
#he fence.
Ms. McPherson stated the he
It does not obstruct the neighl
enough information about the E
the adjacent praperty into tt�e �
City has not received request;
hardship related to a physicai
of the site.
Ms. McPherson stated the
request as the stated hard:
requested that if the petiti
Commission table the requ
stipulation:
1. Per Section 213.05 of
that the adjacent prop�
Dr. Vos stated the staff repo►t
fence?
�t is to incxease the height of a fence in the side yard from
fence request is unusual in that typically variances are
�s in the front yard as opposed to the side or rear yard.
is that the petitioner has submitted a hardship related to
idition which prohibits wearing clothing or receiving any
the resulting pain. Building permits are not required for
ind by the building inspection department during a final
on to the dwelling. Again, the request is for a portion of
�ht is not overly excessive from wha# is required by code.
�rs site lines in terms of the front yzrd. Staff did not have
evation differe�cs ur site line issues from the side yard of
bject parcel to determine if the variance is warranted. The
of this nature previously. The peti#ioner has requested a
:ondition of the owner as opposed to a physical condition
uest is unusual; however, staff recommends denial of the
is not due to the physical condition of the land. Staff has
r has additional information regarding the site lines, the
for further staff analysis. Staff recommends the following
City Code, the petitioner shall submit a letter in writing
owner agrees to the location of the fence.
the fence to the east was also 8 feet. Is this a new
Ms_ McPherson stated this is n t a new fence. This was noted on the property survey as
existing. The fence is on the rope�ty line. She was not sure whose fence it was.
Dr. Vos stated, as he understan
is because staff were not sure
ds, the reason the variance request is from 7 feet to 10 feet
of the height.
4.21
APPEALS COMMiSSION MEETING. AUGUST 14, 199G PAGE 16
Ms. McPherson stated that at the time of the notice, staff did not have the exact
dimensions of the fence. At that time, staff over estimated the height. The exact height
as it is built is 8 feet 3 inches and that is what the variance would be granted #o.
Mr. Kuechle asked if the variance request would run for the life of the property or for the
life of the fence.
Ms. McPherson stated the variance would run for the lifie of the proper#y unless the
Commission chose to stipulate othenNise. The variance could be conditioned that, if the
fence were ever destroyed or damaged, any subsequent fence would need to meet the
code requirement or request a new variance.
Ms. Christenson stated she thought the Commission had the background as to why the
request is bei�g made. Her husband's situation is unique and has necessitated them to
create as much privacy as possible. This site allows privacy to the back. They seek
fences to the side also for privacy. Her husband's condition is an extremely rare
neurologic condition that does not allow him to sit, walk, stand or lay for any length of time.
The house is ac�cessible to meet his needs and txeates a quality of li% for him. The fence
is also necessary for the protection of the neignbors. She provided pictures that show the
direction from the rooms looking into Ms. Addison's p�ope�ky to the west. She has a siudy
and works there at night The neighbor to the west has no objections to the fence nor the
neighbor to the east. .
Dr. Vos asiced if the fence to the east was the same as to the west prope�ty line.
Ms. Ch�is�enson stated the fience was replaced at approximately the same height. It was
replaced to compliment the fence io the west_
MOTION by Dr. Vos, seconded by Ms. Beaulieu, to receive into the public record a letter
from Betfiy Ann Addison and a letter from Roge� La�son both dated August 12, 1996.
UPON A VO10E VOTE, ALL VOTING AYE, CHAIRPERSON KUECHtE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Dr. Vos asked if it was fair to say that the fence was not a continuing fence.
Ms. Christenson stated, on the west side, yes.
Mr. Joslin stated, when he first looked at it, the side fence was 8 feet high so he assumed
that was the maximum height. He could �ot keep the height consistent because the land
is somewhat sloping.
4.22
APPEA
MM[SS[
T
�1
T 14, 1996
PA
Mr. Kuechle asked, if the Co mission put on a stipulation that this variance is to go with
the life of the fence, is that problem. If the fence needs to be replaced or repaired,
another variance would need to be requested.
Ms. Christenson stated this
Mr. Barsness stated he lived
of the street and they cannot
MOTION by Dr. Vos,
acceptabJe.
s the street. He talked with the neighbors on his side
see the fence.
by Ms. Beaulieu, to close the public hearing.
UPON A VOICE VOTE, ALL �OTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTlON CARRIED A�ID TH PUBLIC HEARING CLOSED AT 8:55 P.M.
Dr. Vos stated he was in the eighborhood. Uniess you walk the fence all the way back
to Rice Creek, you would nev r know it was 8 feet. He did not even notice the fence on
the east side was 8 feet. He iked the stipulation that there be a lifetime to the variance
because it reall�r is not a varian because of the condition� if the site. It is a variance for
the owner. He wouid vote in vor with the stipulation.
Ms. Beaulieu stated this is a un que hardship fo� the owners of the property. Although she
has not heard this before, it is nderstandable. The request is not detrimental and looks
att�active. She would approv with the stipulation.
Mr. Kuechle agreed. The fen�e is well designed. it does not have a fortress look to it.
MOTION by Dr. Vos, second d by Ms. BeauJieu, to recommer�d approval of Variance
Request, VAR #96-19, by Carl nd Margaret Christenson to increase the height of a fence
in the rear yard from 7 feet to feet 3 inches on Lot 7, Dennis Addition, the same being
1327 - 66th Avenue N.E., with the following stipulation:
1. If the fence needs to b� replaced o� repaired, the owner will need to comply with
code requirements or r quest a variance.
UPON A VOICE VOTE, ALL
MOTION CARRIED UNANII
Ms. McPhe�son stated this
'!NG AYE, CHAIRPERSON KUECHLE DECLARED THE
SLY.
would be considered by the City Council on August 26.
4.23
CfI'Y 0F FRTDLEY PROJECT SUMMARY '
4850 Main Street Si�n Variance
_, .: . _ :. _._ _ __ _ _ _ ___ __ __ _ _ _ _
enda Item: A licant: Mu h''-Warehouse ''
�ase Number: �AR #96=20 lication Date: Jul 19;; 1496'
Staff Reviewer: Michele NlcPhe son Meeting Date: August 14, 1996
_ _ _ Au�ust 26, 1996
DESCRIPTION OF
The petitioner requests that a
building. If approved, the petiti
the side of the recently constru
SUMMARY OF ISSUES:
Section 214.04.03 of the code
Puhlic purpose served by this r�
and to prevent signs which are
nce be granted in order to allow a sign to be painted directly on a
would paint a 360 sq. ft. company logo for Mutphy Warehouse on
178,000 sq, ft. warehouse building located at 4850 Main Street.
any signs painted dire�tly on buildings.
�n�nt is to provide improved aestherics from easily maintainable signs
maintained on a regular basis.
This request is unique in that the building is 693 ft. long and is adjacent te a residential district. It
provides a very large mass adjacent o the street. A typical sign would not be in proportion with the size
of the structure. The painted sign 'll have less impact on the a�jacent residential property to the east
because the sign will not be internall illuminated and glaring at the residents. No variances are requested
to increase the size of the sign.
This is Murphy Warehause Comp y's second building. In 1995, Murphy Warehouse applied for and
received a similar variance for a si to be painted directly on their first building. They are requesting
this variance so that the two buildi gs will look the same aesthetically.
APPEALS COMMISSION
The Appeals Commission voted
with the following stipulations:
1. Approval of the variance prE
2. The petitioner shall maintain
C[TY COUNCIL RECO
Staff recommends that the City
TION:
to recommend that the City Council approve the request
the petitioner from installing a free-standing sign.
sign in an attractrve manner.
TION:
concur with the Appeals Commission's action.
5.01
Staff Report
VAR #96-20, 4850 Main Street N.E.
Page 2
PROJECT DETAILS
Petition For: A variance to allow a sign painted directly on a building.
Location
of Property:
Legal Description
of Property:
Size:
Topography:
F.gisting
Vegetation:
Eaisting
�oning/Platteng:
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
Engineering
Issues:
Site Planning
Tssues:
4850 Main Street N.E.
Lot 2, Block l, Glacier Pazk Addition and Part of Lot 2, Auditor's Subdivision #79
10.57 acres
Mostly flat, but sloping away from Main Street to the west.
Typicai suburban; sod, trees, etc.
M-2, Heavy Industrial; Glacier Fark Addition, Auditor's Subdivision #79, 1941
Connected
�
Main Street
Easement obtained for off-street bikeway; however, it has not been constructed.
N/A
5.02
Staff Report
VAR #96-20, 4850 Main Street N.E.
Page 3
DEVELOPMENT SITE:
WEST: Zoning:
SOLTTH: Zoning:
EAST: Zoning:
NORTH:
PROPERTY ffiSTORY:
Zoning
I.ocated on the subject parcet is a 256 ft.
a lot split was approved by the City Cou
currently painted grey and green.
ADJACENT SITES
M-2, Heavy Industrial
M-2, Heavy Industrial
R 1, Single Family
M-2, Heavy Industrial
Land Use: Railroad Yard
Land Use: Industrial
Land Use: Residential
Land Use: Vacant
693 ft. wa.rehouse building. The building was conshucted in 1994 after
The building is conskructed of pre-cast concrete tip up panels and is
The proposed sign is 10 ft. high by 36 ft. long; 360 sq. ft. in area. The maximum area allowed by code is 394 sq.
ft. The sign is proposed to be the Murph Wazehouse logo, that of a forklift with the word "Murphy". The logo
will be painted a medium green color.
Request Analysis:
Prior to the g�ting of a variance �om a
the applicant:
A That there are exceptional or
that do not apply generally to
provisions of the sign code, ihe following conditions must be met by
�dinary circumstances applicable to the property or to the intendeti use
property in the same vicinity in district.
The property is zone M-2, Heavy Industrial. The building is 693 ft. long parallel to Main Stieet. The City
has a number of ind�strial buildin� in the city. Several are of similar size; however, they vary in design. The
structure at 8290 Main Street is ned similarly and has a similar length. However, the use of the building
is multi-tenant; therefore, there aze a number of smaller individual tenant signs located on the facade of the
building. The facade is also brok up by the individual tenant doors. The structure is not located adjacent
to a residential district. The pro does have a free-standing identification sign.
A second similaz sized and zoned
from the, �ubject pazcel as it is loc
via the � of landscaping and fe�
�:-c�
;ture is located at 8150 Main Street. Again, that property is different
within the heart of the City's industrial district and is heavily screened
. The property also has a small free-standing identification sign. The
5.03
Stati Report
VAR #96-20, 4850 Main Street N.E.
�e 4
subject parcel is unique because of the residential zoning directly to the east which will be impacted by the proposed
sign.
:
C.
L7
That the variance is necessary for the presetvation and enjoyment of a substantial property right possessed by
other property in this same vicinity and district, but which is denied to the property in question.
Denying the variance request would require petitioner to install a typical cabinet sign or individual letters which
are either illuminated or non-illuminated. Due to the size of the building, it may be difficult to fabricate such
letters to be in proportion with the structure and functionally attach them to the side of the structure. The
use of painted supergraphics provides a signage alternative which can be in proportion with the structure and
eliminate difficulty of maintaining individual letters or cabinet signs.
That the strict application of the chapter would constitute an unnecessary hardship.
Strict application of the chapter would not eliminate signage options for the petitioner. The petitioner would
have the option of installing other styles of signage.
That the granting of the variance would not be materially detrimental to the public health, safety, or general
welfare or detrimental to the property in the vicinity or district in which the property is located.
Granting the variance would not be detrimental to adjacent properties. In fact, granting the variance may
lessen the impact of the petitione�'s signage on the adjacent residential district to the east. With a painted sign
there is no option for illumination; therefore, light will not spill onto the adjacent properties. Should the
variance be granted, the Appeals Commission and City Council may want to include a stipulation regarding
maintenance of the sign.
This is Murphy Warehouse Company's second building. In 1995, Murphy Warehouse applied for and received a
similar variance for a sign to be painted directly on their first building. They are requesting this variance so that the
two buildings will look the same aesthetically.
RECOMMENDATION:
The request is for an unusual property, unusual due to its location adjacent to a residential district. Staff recommends
that the City Council concur with the Appeals Commission's action to approve the request with the following
stipulations:
l. Approval of the variance precludes the petitioner from installing a free-standing sign.
2. The petitioner shall maintain the sign in an attractive manner.
Comprehensive
Planning Issues:
Public Hearing
Comments:
The Zonir�g & Comprehensive Plans are consistent in this location.
There were no public comments.
5.04
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5.06
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5.07
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\_
APPEALS COMMISSION MEET[NG, AUGUST 14, 1996 PAGE IS
6. PUBLIC HEARlNG: CONSIDERATION OF A VARIANCE REQUEST, VAR #96-20,
BY MURPHY WAREHOUSE COMPANY:
Per Section 214.04.03 of the Fridley City Code, to allow a sign painted directly on
a building, on all of.Lot 2, Btock 1, Glacier Park Addition, according to the recorded
plat thereof, Anoka County, Minnesota, generally located at 4850 Main Street iV.E.
MOTION by Dr. Vos, seconded by Ms. Beaulieu, to waive the reading of the public hearing
notice and to open the public hearing.
UPON A VO10E VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECU�RED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:57 P.M.
Ms. McPherson stated the variance request is by Murphy Warehouse for property at 4850
Main Street which is the north portion of a parcei generally iocated at 49th and Main
Street. The Commission reviewed a similar request from the same petitioner last yea►�.
This request is to allow a sign painted directly onto the side of the building to allow
painting of a 360 square foot company togo for a second warehouse. The building is 693
feet long and has a fairly large presence towards the street. A#ypical sign would not be
in proportion to a struc#ure of this size. This varia�ce request has less impact on the
acljacent residential properties because it is not an intemally illuminated sign and nat
closely adjacent to the public right-of-way. This variar�ce is being requested so the
buildings match and are symmetrical to each other and due to the size of the structu�e
itself.
Ms. McPherson sta#ed staff recommends appraval witn finro stipulations:
1. Approval of the variance precludes the peti#ioner from installing a freestanding sign.
2. The petitioner shall maintain the sign in an attractive manner.
Mr. Kuechle asked if this request was the same as the previous request.
Ms. McPherson stated yes.
Mr. Murphy stated he is the owne� and CEO of Murphy Warehouse. He feit staff presented
the information adequately.
Dr. Vos asked if he had any concerns about the stipulations.
�
5.08
APPEALS COMM[SSiON M�ETING, AUGUST 14. 1996 PAGE
Mr. Mu�phy stated he had n concerns. !f this is approved, the two buildings wili look
identical. They are sensitive t the fact fhat they have residents across the street and they
are trying to maintain the pro erty appropriately.
Dr. Vos asked if this was
Mr. Murphy stated, yes. Th�
They are the only tenants as
MOTION by Ms. Beaulieu,
for their use.
is no need for any other signage to be on the building.
by Dr. Vos, to close the public hearing.
UPON A VOICE VOTE, ALL �OTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED AND TH PUBLIC HEARING CLOSED AT 9:02 P.M.
Dr. Vos stated the request se ms like the same request as last year. It was reasonable
then and is reasonable now. t is reasonable for that size of building.
NiOTION by Ms. Beaulieu, s conded by Dr. i%s; ta �ecommend approval of Variance
Request, �/AR #96-20, by Mu hy Warehouse Company to atlaw a sign painted directly
on a building, on a!i of Lot 2, Bl 1, Glacier Park Addition, according tc the recorded plat �
thereof, Anoka County, Minn sota, generaliy located at 4850 Main Street N.E., with the
foliowing stipulations:
1. Approval of the
2. The petitioner shall
precludes the petitioner from installing a freestanding sign.
in the sign in an attractive manner.
UPON A VO10E VOTE, ALL V�TING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED UNANIM USLY.
Ms. McPherson stated this
7
C�
would be considered by the City Council on
U
V,
BY TIM CHIES: � "
Per Section 205.07.03. D).(4).(b) of the Fridley=Zoning Code, to reduce the rear
yard setback for an a ssory structuce-�double-fronted lot from 35 feet to 7
feet on Lot 1, Block 2, N gels ood(ands, generally add�essed as 7595 Able Street
N.E.; from 3� feet to eet on Lot 2, Block 2, Nagels Woodlands, generally
addressed as Ab e Streef N.E.; from 35 feet to 15 feet on Lot 3, Block 2,
Nagels odlands, gen rally add�essed as 7565 Able Street N.E.; from 35 feet to
eet on Lot 4, Block , Nagels Woodlands, generally addressed as 7553 Able
5.09
DATE: August
TO: William
FROM: Barbara
Grant F�
SUBJECT:
218-5
Backaround
This property is located on th
building was originally constr
garage connected to the horr
convert the existing structure
denied. Since then the propE
units. City records indicate tt
and the owners have done lit
photographs of the property �
Current Status
In June of this year rental ins
of the property as required ur
one of the units was found to
second unit did not allow the
evidence, the Fire Departmer
prevent occupancy. On July
The Chief Building Official, Ci
inspection of the property on ,
copy of the inspection�`reports
MEM�RA,NDUM
HOUSING
AND
REDEVELOPMENT
AUTHORITY
1996
ns, City Manager���
y, Community Development Director
ius, Housing Coordinator
Ordering Demolition of Hazardous 8uilding at
Place N.E.
south side of 57th Place, adjacent tb the tire store. The
:ted in 1952 as a single family dwelling with a two car
by a breezeway. In 1973 the owner attempted to
ito office space, however his variance request was
y has been partitioned into finro separate rental dwelling
t the property has had a long history of code violations
� to correct the problems. A map and several
; attached.
:ctors from the Fire Department conducted an inspection
er the rental maintenance code. During the inspection,
e vacant and severely damaged. The tenant in the
spectors into his apartment. Based on the inspection
declared the building unfit for habitation and posted it to
1996 the building was vacated by the remaining tenant.
�de Enforcement Officer and Fire Marshall conducted an
)uly 3, 1996, after consulting with the City Attomey. A
are attached. In the last severaf weeks the Code
s.� �
Page 2
Enforcement Officer has ordered the removal of a junk car and numerous bags of
garbage which were left on the front porch. Since the owners did not respond, the
items were removed and the costs will be assessed against the property.
Property Ownershie
At this point it is unclear who actually owns the property. The City's records show
that the property was sold on a Contract for Deed by Gerald L. Gage of isle,
Minnesota to Henry and Ftoselyn Berkholtz, 218 57th Place. None of our attempts to
contact either party have been successful. The matter is further complicated by a lien
that was filed last year by Siwek Lumber. On October 27, 1995 the property was put
up for auction via a sheriff's sale. All parties with an interest in the property will be
served with the appropriate legal notices.
Hazardous Buildinq Statutes
Under State law, the City can order the removal or repair of "hazardous" buildings.
The process works as follows:
1) Council adopts resolutio� ordering the demolition ar repair of the property.
Resolution identifies the substandard conditions of the property and allows the
owner to correct/demolish the structure within 20 days (September 15, 1995).
The resolution goes on to describe the actions the Council will take if the
owner fails to respond.
2) Owner/s of record are notified of the Council's order.
31 If the owner does not respond by the deadline and take action, the City would
have to go court to enforce its order. If the issue is not contested by the
owner, the Court can issue an order to enforce the City's resolution. The judge
will then set a date upon which time the City can proceed with the demofition.
4) Demolition occurs and costs are then assessed against the property
The City Attorney has prepared a resofution ordering the demolition of the building
which is attached.
Recommendation
Staff recommends that the C+ty Council approve the attached resolution ordering the
demoJition of 2i8 - 57th Place N.E.
M-96-�395
6.�2
OS/22/96 11:46 $16124901580 HOLSTAD A�� LRSN
�002/0�6
RESOLUTION ORDERING THE REMOVAL OR REPAIR
OF A HAZARDOUS BUIL ING, PURSUANT TO MINNESOTA STATUTES SECTION
453, LOCATED WITHIN THE CITY OF FRIDLEY, MINNESOTA
Legally described as Lots 5 and 6, Biock 8, City View, Anoka County, as on file
and of record in the County Recorder's office of said County.
TO: Gerald L. Gag�, Henr� F. and Roselyn BerkhoJz, and any tenants, occupants or
any other persons claiming �n interest in the above-described premises
1. Pursuant to M�nnesota Statutes, Section 463.15 to 463.61 the Council of
the City of Fridley, havin� duly considered the matter, finds the above-described
building to be a hazardous �uilding for the following reasons:
Having received nu
disrepair and
citizen cails and complaints concerning the apparent
of the above-described premises, the City of Fridley
dispatched to fiha± location the Chief Building Official of the City, who conducted an
inspection of th� premises
observaiions of the prem
reference, and shall be
July 3, 1996, and submitted to the City a report of his
, which report is attached hereto, incorporated by
dered among the fiindings of the City Council in its
determination of the matter� In particular, the defects within the premises that were
expressly found to violate
City, include, but are not lim
(a)
(b)
(c)
��)
lnadequa
structure.
lmproper
Stairway '
req u i remE
1) Maxi
2) Minir
3) Minir
4) Minir
Improper ,
provisions of the State Building Code, as adopted by this
to the following:
or no footings and foundation around the perimeter of the
�sts, beams, and footing pads to support the floor.
the basement does not meet the minimum building code
ts:
um rise o�f 8 inches.
�m run of 9 inches.
am headroom of 80 inches.
am widtt� of 36 inches.
id unsafe handrail for the basement stairway.
6.03
�8/22/96 11:47 $16124901580 HOLSTAD �ND LRSN � ad�ippg
(e) No guardraif on the open sides of the basement stairway - minimum
height of 36 inches and a maximum opening between raiis of not
more than 4 inches on center.
(f) No certification on the two gas furnaces and flu size.
(g) No exterior source of combustion air to both furnace rooms.
(h) Unsecured gas piping and improper installed gas shut-offs.
(i) No gas provided to the dwelfing.
(j) No hot water provided.
(k) No heating system capable of maintaining a temperature ofi 70
degrees.
(l) Building main sew�r system needs repair, and currently results in raw
sewage regularly being dumped into the building.
(m) Building waste needs to be secured and vented with proper hangers.
(n) Damaged plumbing.
(o) Broken and damaged windows.
(p) Holes in interior walls.
(q) lJnclosed openings in the foundation rim joists.
(r) Uncaulked exterior openings (siding and soffit).
(s) No back flow preventers at laundry tub, and a# other hose
connections.
(t) Damagec! wiring and light fixtures need repair and wire needs to be
secure per code.
(u) Expo�ed electric wires.
(v) Smoke detectors not provided in each ievel of the dwelling and in
every sleeping room.
(w) Roof rafters at south end of the building need repair. Roof must
s�pport a minimum of 50 pounds per square foot.
(x) No building address numbers.
(y) Buifding not secure from trespass.
(z) Rodents and other vermin are present in the building and need to be
exterminated by licensed contractor.
(aa) Improper ceiling height in habitable rooms.
(bb) Improper storage of and clearance to combustibles from 8-vent
through roof, south apartment furnace.
(cc) No firestop above light fixture in south apartment.
(dd) Improper ceiling insulation in south apartment.
2. The council further orders that unless such corrective action is taken or
an answer is served upon the City of Fridley and filed in the office of the Clerk of
District Court of Anoka County, Minnesota within 20 days from the date of the service of
this order, a motion for summary enforcement of this order will be made to the District
�� µ Court of Anoka County. Enforcement of this order shall include, 'sn the C�ty's discretion,
the option of razing the s#ructure. The Council orders that al) personal property or
6.04
OS/22/96 11:47 $16124901580 HOLSTAD AND LRSN
� 004/006
fixtures that may unreaso ably interfere with the razing and removal of the building
shall be removed within 20 days, and if not so removed by the owner, and the City then
determines io raze the st cture, thE City of Fridley may remove and sell such personal
property or fiixtures at publi auction in accordance with law.
3. The council further orders that if the city is compefled to take any
corrective action herein, II necessary costs expended by the city will be assessed
against the real estate con erned and collected in accordance with Minnesota Statutes,
Section 463.22.
4. The mayor, lerk, city attorney and other officers and employees of the
city are authorized and d rected to take such action, prepare, sign and serve such
papers as are necessary to comply with this order and to assess the costs thereof
against the reaf estaie des ribed above fior collection along with taxes.
Adopted by the City Council this � day of , 19
City C1erk
6.05
Mayor
,G
��
.,. ..
I3UiLDING (NSPEC'CION DIV(SION M�MO
MEMO TO: Fiie
MEMO FROM:
MEMO DATE:
REGARDING:
Ron Julkowski,
July 8, 1996
Chief Building Official
218 57 Place NE (Hazardous Building)
On July 3, 1996, an inspection was conducted of the above address to determine whether or not
the building meet the minimum building code standards for occupancy.
Chapter 1, Section 102, of the 1994 Uniform Building Code, states in part that all unsafe
buildings or structures regulated by this Code, that constitute a hazard to the safery, health,- or
public welfare by reason of undequate maintenance, dilapidation, fire hazard, damage or
abandonment shall be deemed an unsafe structure. AlI such unsafe buildings are hereby declared
to be a public nuisance and shall be abated by repair or demoliiion. •
The following items must be repaired before occupancy is granted;
1) Provid� foatings and foundation around the perimeter of the structure.
2) Provide proper post, beams, and footing pads to support the floor. .
3) Install a stairway to the basement ihat meets the minimum building code requirements;
a) l�ia�cimum rise of S inches.
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
b) Minimum run of 9 inches. •
c) Minimum headroom of 80 inches.
d) Minimum width of 36 inches. �
Provide an approved handrail for the basement stairway.
Provide a guardrail on the open sides of the basement stairway - minimum height oi 36
inches and a malcimum opening betyveen rails of not more than 4 inches on center.
Obtain certification on the two gas furnaces and flue size.
Provide combustion air to both furnace rooms.
Secure gas piping and provide proper shut-offs.
Provide gas to the dwelling.
Provide hot water.
Provide a heating system capable of maintaining a temperature of 70 degrees
Repair building main sewer system.
Secure building waste and vent with proper hangers.
Repair all damaged plumbing.
Repair or replace all broken and damaged windows_
;a.�,�epair all ho(es in the interior walls.
s.�s
Memc� to f�ilc
P.e: 218 S7 Place N1�
July 8, 1996
17)
18)
19)
20)
21)
22)
23)
24)
25)
26)
27)
28)
29)
30)
Close all openings in tt
Caulk all exterior open
Provide back flow prev
Repair all damaged wir
Cover exposed electric
Provide smoke detector
Repair roof rafters at s
pounds per square foot.
Provide building addres
Secure building from tr
Extermination of roden �
Minimum ceiling heigh
Provide 1 inch clearan
furnace.
Firestop above Iight fix
Insulate ceiling in south
foundation and rim joist_
;s (siding and soffit).
ters at Iaundry tub, and at other hose connections.
;, light fixtures, and secure wire per code.
in each level of the dwelling and in every sleeping room.
ith end of the building. Roof must support a minimum of 50
numbers.
� by a licensed contractor.
of any habitable room shall be 7 feet 6 inches.
: to combustibles from B-vent through roof, south apartment
ire in south apartment.
apartment to a miniinum of R-44.
Permits must be obtained befor�commencement of repair work. Building repairs wiIl require
building plans to be submitted d a completion date stated.
RJ/mh
CC: Barbara Dac�, Comm
Grant Fernelius, Hoi
Fritz Knaak, Fridley
Development Direct�r
Coordinator
Attomey
s.�%
�
DATE: July 9; 1996
TO: FILE
1VV1tEMORAN�UM
PLANNING DI'�ISION
FROM: Kurt Jensen-Schneider, Code Enforcement Officer
SUBJECT: Exterior Code Enforcement Viotations at 218 - 57th Piace N.E.
A July 3, 1996, site inspection.of 218 - 57th Place N.E. revealed outside storage, junk
vehicle, wead, and miscellaneous refuse code vialations. Specifcally, there were
materials such as four tires w�th rims, miscepaneous car parts on the ground, refuse %
and litter throughout the property, in#erior chairs on the front fawn, 50+ bags of refuse
on and around the porch, a broken window with glass on the ground, a junk vehicle =
(license 687-LAC), uncut grass (approximately 12 inches hign), dirt driveway, and a 10
ft. by 20 ft. scrap lumber and materials. - -
Upon conducting this inspection, the property owner will be notified of:
1. lmproper refuse storage violation
2. Improper outside storage violation
3. Weed ordinance violation
4. Junk vehicle ordinance violation
It should also be noted that the building at this time has been posted unfit for human
habitation by the Fridley Fire Department Rental lnspection Division.
KJS:Is
cc: j�rant Fernelius, Housing Coordinator
CEM-96-18
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HOLSI�'AD AND LARSON, P.L.C.
WAYNE B. HOLSTAD
RUSSELL L.C. LARSOtJ
KAREN HILL FJELD't'
JOHN L. LINDELL
LA.RRY S. MOUNTAtN
't REAL PROPERTY LAW SPECIALIST
August 22, 1996
Mr. Grant Fernelius
Department of Communiry
Gity of Fridley
6431 University Ave. N.E.
Fridley, MN 55432
RE: 2i 8 57th Place N.E.: Ocder
Dear Grant:
ATTORNEYS AT LAW
i35 VADNAlS CENTER DRlVE
Surr� 130
SAINT PAUL, MN 551 10
=LEPHONE 612/490-9078
Acs�M��E 6� 2�49a� 5so
ent
Removal or Repair
OF COUMSEL:
FRFOERIC W. KNAAK'
�AL50 UCENSED IN
WISCONSIN AND COLORADO
I have sent to you under sep rate cover the resolution language necessary to begin the
process of either requiring the wner of the above-described parcel to correct the problems at
that site or raze the building. -
As we discussed, Minnesota Statutes Sections 463.15 to 463.261 provide the procedure for
dealing with this sort of problem within the City. The process begins with the type of resolution
I have drafted for you here. Es entially, the Order represents a finding by the City, through its
Council, that a hazardous condit on exists and is a formal demand by the City to the land owner
to remedy the problem found. uch like a Summons in other civil proceedings involving land,
the City would ordinarily file a n tice of !is pendens with the County Recorder's office notifying
any prospective purchasers or o her interested parties of the action the City has taken affecting
this particular parcet.
The landowner has 20 days to either comply with the owner, to the city's satisfaction, or to
answer the City, in much the sa e manner as in a lawsuit. An Answer would occur in instances
in which the owner either factua ly disputed the City's finding, or would be seeking to otherwise
delay the implementation of the rder.
If there is no response from the
Order and thereafter, to set a
option the City has in a default
the necessary repairs with its ov�
hazardous condition.
�wner, the City is entitled, on the 21 st day after the date of the
�earing in District Court and have the Order enforced. One
�ituation is to simply raze the building. Another is to conduct
� employees, or contract out the work necessary to remedy the
6.15
Mr. Grant Fernelius
August 20, 1996
Page Two
In all cases, the City may then, by following an assessment procedure provided for in the
statutes, assess the costs it has incurred (e.g. labor and machinery rental costs involved in
razing the building) to the property by following the procedures outlined in that statute. You
can note that the assessment does not, in this instance, involve the ordinarily required
determination of benefit to the affected parcel, but can represent the full value of the costs to
the City, irrespective of whether the amount expended to remove the hazard benefited the
property by the same amount.
I should note that what I have just outlined to you describes situations in which the owners have
either abandoned the property or are otherwise determined to fight the City's order. In a case
where an owner does answer the order, it is possible for the matter to end up in a full trial on
the merits of the City's findings.
A more usual scenario, however, is that an owner, on receiving a city's order in this kind of
case, will either enter int.o an agreement with the city on repair and improvement, or will agree
to waive its rights to oppose the razing of the structure and come to an a�reement with the City
on allocation of costs, abandonment, or similar arrangements. �
Not surprisingly, given the unique character of real estate, as well as the different kinds of
people that own it, how a particular proceeding of this sort wiil play out is well nigh impossible
to predict. None of the City's options can come into play, however, absent passage of a
resolution beginning the proceedings like the one 1 have just forwarded to you.
I will, of course, be avaifable on Monday night to answer any questions the Council may have
about this at the meeting. In the meantime, do not hesitate to call me if you have any other
questions or I can be of additional assistance to you in this matter.
Sincerely,
�
Frederic W. Knaak
Fridley City Attorney
cc: V1l. Burns
B. Dacy v�
6.16
DATE:
TO:
MEMORANDUM
EVELOPMENT DIRECTOR
...
Bums, City Manager��#�
FROM: B rbara Dacy, Community Development Director
S tt Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT:
One Year Extension for Variance Request, VAR
by Kenneth Anderson; 132 River Edge Way N.E.
On August �, 1996, staff in rmed Mr. Anderson that. his variance virould expire on
September 12, 1996. Mr. A erson has,requested,;:a one year e�dension.of his ..: .; `
variance'apProval to allow nstruction�`of a`por+cli and garage'on �fiis property. `.� Mr:
Anderson has hired a con ctor who is not yet ready to start construction, but
intends to start this Fall, w ther permitting.
Staff� recommends #hat the
year extension.
MM/dw
M-96-387
Council approve Mr. Ande�rson's request for a one
7.� �
� � -, ; ��
_ �' ��-�{•_� �
��_ j_,'„�; ',<;.��
_
CI�IYOF
F(Z! DLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-345p • FAX (612) 571-12K7
APPEALS COMMISSION
ACTION TAKEN NOTICE
Kenneth Anderson
132 River Edge Way NE
Fridley, MN 55432
Dear Mr. Anderson:
September 14, 1995
On September 12, 1995, the Fridley Appeals Commiss�ion officially
approved your request for a variance, VAR 95-2 to reduce the
required rear yard setback from 25 feet to eet, to allow the
construction of a porch and garage on Lot 20, Block 1, River Edge
Way N.E.
Approval of this variance request is contingent upon the
following stipulations:
1.
2.
The petitioner shall provide a hardsurface driveway by
October 1, 1996.
The existing garage shall be removed within 60 days of the
proposed garage's final inspection.
You have one year from the date of Appeals Commission action to
initiate construction. If you caxuiot begin construction in time,
you must submit a letter requesting an extension at least three
weeks prior to the expiration date.
If you have any questions regarding the above action, please call
me at 572-3593.
,.
Sincereiy, � �' ���✓" ��' v�r.�-� ��e"c�'t°,�`---_'
, � .
��
Michele McPherson, BLA
Planning Assistant
MM/dw
Please review the above, sign the statement below and return one
copy to the City of Fridley Planning Depa�tment by September 28,
1995.
Concur with action taken.
%.�2
FRIDLEY MUNICIPAL CENTER • 6431
August 1, 1996
Kenneth Anderson
132 Rivers Edge Way N.E.
Fridley, MN 55432
Dear Mr. Anderson:
On September 9 2, 1995, tl
request for a variance to a
Typically, petitioners have
initiate construction. We �
antieipate that you wil! be i
please submit to me in wrii
that your request may be �
If you have any questions
Sincerely,
�,
��� ��
Michele McPherson
Plar�ning Assistant
MM:Is
C-96-169
ul �U�..� �.���,�c 'C'n
�f/d�lF # �7� -
_
_
CtTYOF
FRI DLEY
VERSITY AVE. iV.E. FRIDLEY, MN 55�132 •(612) 571-3450 • FAX (612> 571-12t�7
Fridley Appeals Commission officiaNy approved your
�w construction of a porch and garage on your property.
ie year from the date of the Appeals Commission action to
� soon coming upon the one year deadline. If. you
able to begin construction prior to September 12, 1996,
g a letter requesting an extension !�y August 19, 1996, so
ced on the August 26, 1996, City Council agenda. "
this letter, please contact me at 572-3593.
R`-:G�UL"� l�. �Z M 6,1Z'�} �c.,iC���N -
9 Z 7.03
�. � J�. �.. -9C�
DATE:
TO:
FROM:
SUBJECT:
August 22, 1996
William Burns,
Barbara Dacy,
Scott H'ickok,
Michele McPh
IVIEMORA.NDUM
PLANNING DIVISION
Manager ,���
Development Director
ng Coordinator
Planning Assistant
Establish a Public� Hearing for the Sale of Excess Property Located at 7th Street
and 61 st Avenue I
In conjunction with the recent Ir
to be transferred between the Ci
of land defined by 7th Street on
the east, and unimproved 60th A
dispose of excsss property, Stat�
recommends that the City Couni
MM/
M-96-391
iependent School District #14 piat and vacation requests, land is
y and the School District. The City will be transferring the block
he west, 61st Avenue on the north, West Moore Lake Drive on
renue on the south (see attached map). In order for the City to
Statute requires the City to conduct a public hearing. Staff
il establish September 16, 1996 as the date of the public hearing.
8.01
—---�
ti��i
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._
111
..�
IL�
���
.��
�I�_rrr�� ��►r�r_��
TO: William W. Bum
FROM: John G. F1ora�uP
�= Jon Wilczek, l�is:
for_.
DATE: August 26, 1996
SUBJECT: Public Hearing
City of Fridley
��
City Manager �
lic Works Director
Public Works Director
PW96-176
the County Improvement Project on Osbome Road
We have received the plans d a Joint Powers Agreement for the proposed County
improvement of Osbome Road ( R 108) from Old Central (CSAH 3S) to Stinson Boulevard
This project calls for wideni of the street, installation of • concrete curb and gutter,
sidewalk/bikeway and storm ater improvements. "
Storm water improvements
system with the ultimate �
Avenue southward to Rice
for the temporary connection to the existing storm water
ection to a storm water line to be constructed in Central
�k scheduled for I 997.
The County project is estimate at $517,400. The City's share of the project is estimated
at $104,077.17. The City inte to use off-system Municipai State Aid funds to pay for
the improvement. Included i that is the bike path on the north side of Osbome Road
through the City owned park d a sidewalk with concrete curb and gutter on the south
side of Osborne Road
It has been the Cit�s policy to
projects which do not have co�
is $11 per front foot.
To facilitate this improvement,
public hearing for the assessme
fronting on Osborne Road for S
JGF:cz
Attachment
s for the concrete curb and gutter on all improvement
curb and gutter. The current rate we have been using
�commend the City Council approve the plans and set a
t of the concrete curb and gutter to the Fridley properties
emb�r 16, 1996.
9.01
CITY OF FRIDLEY
NOTICE OF HEARING ON IMPROVEMENTS
STREET IMPROVEMENT PROJECT NO. ST. 1994 - 5
WHEREAS, the City Council of the City of Fridley, Anoka county, Minnesota, has deemed
it expedient to receive evidence pertaining to the improvements hereinafter described.
NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 16th Day of
September, 1996, at 7:30 pm, the City Council will meet at the Fridley Municipal Center
Council Chambers, 6431 University Avenue NE, F+Sridley, MN, and will at said time and place
hear all parties interested in said improvements in whole or in part.
CONSTRUCTION ITEM
Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete
curb and gutter, sidewalks, bikeway, storm sewer system, water and sanitary sewer,
landscaping, and other facilities located as follows:
STREET IMPROVEMENT PROJECT NO. ST 1994 - 5
Partially Assessed
Osborne Road fronting properties between Central Avenue and Stinson
Boulevard for concrete curb and gutter at a cost not-to-exceed $11.00 per front
foot.
All of the land abutting upon said street named above and all lands within, adjacent and
abutting thereto.
All of said land to be assessed proportionately according to the bene�ts received by such
improvement.
Hearing impaired persons planning to attend who need an interpreter or other persons with
d�sabilities who require auxiliary aids, should contact Roberta Collins at 572-3500 no later
than 9 September 1996.
PUBLISHED: FRIDLEY FO US
August 29, 1996
September 5, 1996
September i2, 1996
9,02
�
�
CffY OF
FRIDLEY
TO: The Honorable
FROM: William W. Bu
DATE: August 23, 199
SUBJECT: Purchase Agre�
Located at Uni�
I am requesting that the City
was entered into with CP Ra
establish one of the contingen
was made. Page 5 of the agri
purchase agreement, we can €
agreement or the zoning for tl
I recommend that you deny
your cooperation.
WWB:rsc
Attachment
EMORANDUM
and City Council
City Manager ,��
nt for CP Rail System Property
itv Avenue and 73rd Avenue
William W. Burns
City Manager
'ouncil officially deny the attached purchase agreement that
System in 1995. The purpose of my request is to officially
es that enabled us to retrieve the $2,500 earnest payment that
ment indicates that if the City Council does not approve the
� our money back. Stnce we have not acted on the purchase
properly, we need to do one or the other and probably both.
purchase agreement with CP Rail System. Tha.nk you for
10.01
�I�ri-State (,and C<ii��J�anv
c/c� Cf' 1Zail Systcin
i'.O. Qox S30
Minneapolis, Minnesota _55440
Attn: Senior Mana�er, Land Marketing
1. BUYER AND SELLER: The City of Fridley, Minnesota (Buyer) offers to purchase certain
Property (as defined in paragraph 3) from Tri-State Land Company (Seller).
2. ACCEPTANCE: This affer shall be void ifnot accepted by Seller within 90 days of its date.
The accepted offer is sometimes referred to as "this agreement."
3. PROPERTY: The Property consists of the land shown in approximation on Exhibit A(the
Land) and the improvements thereon (the Improvements); provided, however, that the Improvements
do not inc(ude those improvemerns which are excluded from the purchase by other provisions of this
offer_ The legal description of the Land is as follows:
Tract A, Registered Land Survey No. 78, files of the Registrar of Titles of Anoka
County, Minnesota.
4. DEED; RES�RVAT�QNS A.1�ID COVF,I�LA - BILL OF SALE• The Property wili be
conveyed at the closing by quitclaim deed. Upon wYiiten nufice fram Buyer requesting same, given
at ieast 10 da.ys in advance of the closmg, Seller �1 deliver at the closing a quitclaim bill of sale for
any personal propeity included in the purchase. �'he following reservations and covenants will be
included in the dsed {'m these reservations and coveriants, Setler is referred to as Grantor, Buyer is
referred to as Grantee, and the Property is refened to as the real property):
none
5. [not applicable]
6. [not applicable]
7. PURCHASE PRICE: The purchase price of the Property is $350,000, net to Seller.
g. CLOSING: Except as otherwise provided in paragraph 9, this transaction shall close at a
mutually agreeable time and place no later June i 5, l 995.
9. [not applicable)
10. ESCKOV�': Should the parties agree t�o eiose in escrow, f3uyer �vill p�y all iecs and char�es
in connection with the escrow.
CNr of FrSdta�� - .1
-1-
10.02
1 I. ULPOSt"I', PAY
in the forn� ofa certiiied check or
��ithout interest, if tt�is of�'er is not
to the purchase price. The balan�
certified or cashier's check oavab!
1' 1'URC�IASE 1'RI('F;: 13uyer- enclnscs $2,500 {thc De�otiit)
�shier's check payable ta Selicr. Seller shall refund the Deposii,
mely accepted by Sel(er; othen�vise, tl�e Deposit shall be applied
of the purchase price shall be paid to Seller at the closing by a
to Seller.
12_ ENCUMBRANCES: e Property wili be conveyeti subject to facts which would be
disclosed by a comprehensive surv y, rights and clairr�s of parties in possession, rights of the public,
and easements, leases, licenses, d permits. Buyer may object to the marketability of Seller's titte
on the basis of such matters.
13. JUDGMENT LIENS:
against the Property shall be se�
nnappealalile, and Seller shall v
either of them as a result of Sel
Buyer may object to the market
14.
15.
[not applicableJ
jnot applicableJ
16. RIGHT OF ENTRY: l
(and its employee.s, agents, and
eff.ectuate the purpose.s of this �
the Property being refe,cred to, .+
tests and environmernal tests, s�
{a) Buyer shall give S
entry and the natu�
each such date and
y judgment against Seller which may appear of record as a lien
and satisfied by Seller within 30 days after it becomes final arid
nnify Buyer, and Buyer's title insurer, for any loss sustained by
failure to have any such judgment lien so settled and satisfied.
ty, of Seller's tit(e on the basis of such matters.
; th� first 45 days afte,r Sellei's acceptance of this offi�, Bu�er
�ctors) may enter the Property and, to the extent necessary to
�pl� Selle,�'s land in the vicinity of the Property (such land and
iYeiy, as the Site), for the purpose of condud'mg geoPhysicai "
to the following condirions: �
ler advance notic� of the da.te and time of each
of the activities to be conducted on the Site at
(b} Seller may etect to pre�sent during the conduct of such activities and
to monitor same. uch monitoring shall not relieve Buyer of any
liability under this p ph 16_
(c) Prior to entering th Property, Buyer shali secure the pernussion of
any tenant then in p ssession of same.
(d) . Upon the completio of its activities on the Site, Buyer shall remove
any debris resulting om such activities and shall restore the Site to
the condition it was i prior to the commencement of such activities.
(e) Buyer shall inder�
against al( claims,
C,Ny of F'rfd{ey - 3
and defend the. Indemnitees (as defined belo�v)
ands, actions�, suits, judgments, losses, dama�es
_`L_
10.03
(including. but n<�t Grnited to, actiial, c�mpen,at<�ry, direct,
ec�nsecauential, j�unitive, and exe�>>plary dat»a�,es), e���cn�es, ;�cnalties,
tines, sanctions, court costs, litigation costs, environmental response
and remediation costs, and reasonable attorneys' fees (collectively,
Claims) arising out of or relating to any loss of (or damage to) any
property or business or any injury to (or death o� any person, where
such loss, damage, injury, or death actually or allegedly arises
(��vhether directly or indirectly, wholly or in part) from: (a) any action
or omission of Buyer (or its employees, agents, or contractors) whi(e
on the Site pursuant to this para��raph lb; or (b) the exercise by Buyer
{or its employees, agerrts, or cormacfors) of the permission granted by
th�s paragraph 16; or (c) the escape or release of any pollutant,
contaminant, or hazardous substance resulting (direcfly or indirectty,
wholly or in part) from any action or omission of Buyer (or its
emptoyees, agents, or contractors) while on the Site pursuant to this
paragraph 16. Indemnitees mea.ns the following companies and their
directors, officers, employees, and agents: Soo Line Corporation, Soo
Line Railroad Company, Tri-State Land Company, Tri-State
Management Company, The Niilwaukce Motor Transportation
Company, H�iawatha Transfer Compazry, Canadian Parr,iffic Limited, CP
Ra31 System, and their subsidiaries, affiliated companies, and parent
companies.
(� Buyer {and its emploYces, agents, and contractors) shall comply with
alt applicabie la.ws while on the Site.
(g) Buyer wi11 provide Seller with complete copies of the test data and
test reports as soon as they are available to Buyer.
(h) The cost of any test or survey will be borne solely by Buyer_
(i) Test holes shall be located no doser than 10 feet from the n°arest rail
of any railroad track located on or adjacent to the Site. Dril�ing
equipment and reiated equipment shal( nvt be placed closer than 10
feet from the nearest rail of any such track.
(j) While on fhe Site, Buyer {and its emp(oyees, agents, and contractors)
shall comply with Se(ler's safety rules, including any requirement
regarding the use of fla�nen_ All costs associated with compliance
with such rules shall be borne by Buyer. If Seller shall incur any costs
in connection therewith, Buyer shall reimburse Seller «�ithin 30 days
after- receipt c�f Seller's invoice.
CN�� d k'�-Idky - 3
-3-
10.04
(�)
Unlcss discl��surc iti rcquircd by co«r7 or-dcr c�r at���lic�il�lc la�+�, I3uvcr
tihali inaintain, and sliall causc iis ei��ployccs, a����nt�, ai�d cc�ntr<ict<>rs
to maintain, the on#ideniiality of all information per7ainin� to am�
environmenta( test perforn�ed on the Site.
(1} [f any mechanics or materialmens lien, or similar lien, is asserted
against the Site, t e Property, or any other property of Seller or the
Indemnitees as a re ult of the exercise of the pennission granted in this
paragraph 16, Buy r shall immediate(y satisfy and/or obtain the release
of such lien, all at Buyer's expense, and Buyer shall indemnify and
defend the Indemn tees from and against all Claims arising out of or
connected with su h lien.
17. CONTINGENCIES: Thf is Agreement is contingent upon the following matters:
(a)
<'I�y af t'(idtcy - S
"1'1TLE MATTE : Seller makes no warranty or representation with respect to the
marketability or q'ty of its title and is not under any obligation to furnish abstracts
of title, title reports, or title insurance policies in respect of the Property. Buyer shall
have 45 days after er's acceptance of this offer in which to r'ais° objections #o the
marketability of S ller's #itle. If Buyer objects to Selle�'s title, it must give Selier
notice within such ' specifying the precise naiure of the alleg� tit�e defects. The
notice must be ' by evide.nce of the alleged defects, in the form of a copy
of an abstract of e or a title compar�'s title commitm�� ff Buyer fails to give
propei- or timely no 'c� it si�all be dee�ned to have waived its right to object (�cept
that defects whic� ' subsequexit to the 45-day paiod shall not be deemed waived
unless Buyer f�7s o give Seller notice of same prompfly after it learns, or iri the
exercise of reason le diligence shouid have learne�, of them); furthermore, even if
Buyer gives proper and timely notic�, it shall be dcemed to have waived its right to
object on the basis of then-existing defects not specified in the notice. Seller sha11
ha.ve 45 da.ys or unti the closing, wlnchev� is less (the Cure Periodj, in which it ma.y,
if it sfl chooses, att t to aue any defect specified in a time�y ana otherwise proper
notice. Seller has n obligation or responsibility whatsoever to cure (or attempt to
cure) any tide def . If Seller shall undertake to cure or attempt to cure any title
defect, it may with raw from such undertaking at any time without penaliy; such
undertalang shall n t create, nor shall it under any circumstance be construed to
create, any obligati n whatsoever on the part of Seller to cure any such defect. If
Seller is unable or nwilling to cure any specified defect, Buyer may terminate this
agreement by givin Selier notice of termination at any time prior to the aetual
delivery and accept nce of the deed, which notice shall state that this agreement is
being terminated by reason of Seiler's failure to cure title defects. If I3uyer gives
proper and timely otice of terminatioa, Se11er shai( refund the Deposit, without
interest, and sha(I r imburse Eiuyer for the actlial amount paid by Buycr for thc
abstract of title or t�tle commitment, provided that the abstract or commitment is
�
10.05
dclivLred and ��,si�,ned to Seiler. Ry acce��ting deliver�' <�f thc quitclaim deecl, [3uyer
s(a<il! 1?� decincd tc� «��ivc �iny and a�j uncured title defecls. �
(b) CHANGE tN !ON(NG: At any time prior to closin�, [3uyer may terminate this
agrcement if I3uyer is unab(e to secure a zoning change frorn the current zoning, M 1,
to the desired zoning of C2, as speci6ed in the City of Fridley zonin� code. Seiler will
cooperate with Buyer in Buyer's atternpts to seek the rezoning. In the event of
termination of this agreement under this provision, Seller shall refund the Deposit,
without interest.
(c) CITY COUNCIL APPROVAL• -'This agreement is subject to the approval of the
Fridley City Council. Buyer shall make a good faith effort to secure such approval
prior to closing. In the event Buyer is unable to secure such City Council Approval,
Buyer may terminate this agreement at atry time prior to closing. In the event of
termination of this agreement under this provision, Seller shalt refund the Deposit,
without interest.
18• REAL ESTATE TAXES• The total real estate tax bill payable in the year of the sale will
be prorated on a per diem basis as of the closing, using the most receni tax bill; such proration shall
be final and binding on Seller and Buyer and there shall be no post-closina adjustment. There will
be no proration to the ex#ent the paymeat of such t�es has 1� assumed by a Iessee under a lease
that will b� assigned to Buyer r�r merged into the purchase_
19. TRANSFER TAXES AND FEES: Buyer will purchasey affx, a�d cancei any and all
documentary stamps in the amount prescribed by statute, and will pay any and all transfer taxes,
�X� �es, Sales ta�ces, use taxes, and fees incidental to the transfer of the Property or the
recordation or filing of the deed_
20. SPECLAI. ASSESSMENTS- Buyer will assume respons�'bility for paying any special
assessment (or installment thereo fl where the due date for payment is on or after the date of this
offer, irrespective of the da.te of the improvement.
21. NOTICES: Notices permitted or required by this agreement must be in writing and shall
be deemed given when delivered in legible form to the business address of the party to whom
addressed. If delivered at the closing, a notice shall be deeme� given when hand-delivered to the
party's representative at the ctosing. The business addresses of the parties are as follows:
Seller --
mailing address_ P.O. Box 530
Minneapolis, MN 5 �440
Attn: Senior Manager, Land Marketing
Ciry ot Frldky - 3
_5 _
10.06
delivery address
facsimile_
Buyer --
mailinb address:
cielivery addcess:
facsimile:
13 0 Soo Line Buildin�
! 0_ Soutl� Sth Strcct �
14i neapolis, MN _55402
�tt : Senior Nlanager, Land Marketin�
(61�) 347-8170
Att � Senior Manager, Land Marketinb
y of Fridley
1 Universitv Av
William W. Burns
�
WiL7 � am w Burn
� 7\ 571 _7 9527
N.E.
ti�� Wi7� igm W RtirnG -
Notices nat given in the manner or 'thin the time limits set farth in this agreement are of no effect
and may be disregarded by the p to whom they are directed.
22. REAL ESTATE BROKEn
or agent in connection with this tra�
claim for commission or other com;
or other compensation shall be paid
23. [not applicab(e]
24. [not applicable]
25. BILLBOARDS: Regardle;
on the Land will be excepted from t
<'tIy d Fridiq� - J
�S- Sella' represents that it has not retained any real estate broker
isaction. If atry real estate broker or agent can establish a valid
�ensation in connection with this transaction, such commission
by Buyer.
s of any provision to the contrary �erein, al1 billboards tocated
�e purchase, and Seller wi(! reserve to itself, and its successoTs
-6-
1 �.�7
and a;si<�ns, a�>erii�anc��t cascrncnt (a "13illlx�ard f:ascn�cnt") c,��cr that l��riion ��f the l�.and Ic�cated
�r�itl�in tcn (10) icet <�1�eac1� sucl� hillboaru, lur the o��erali<�n, naaini��nar�ce, repair,� alteration, rene�v_,i,
re��lacen�enl, and remova) of suct� biNboard, together �vith a permancnt easement of sutiicient width
tor �edestrian and vehicuiar acccss (an "Access Gasement") to and from each such biliboard_ Each
[3illboard Easement and its appurtenant Access Easement will be ai►tomatically extinguished if Seller,
or its successors or assign, physically removes the biliboard �vhich is the subject of such Qiliboard
Easernent and fails to replace it within one hundred ei�hty ( i 80) days with another billboard.
Se((er wil! also reserve to itself, and its successors and assigns, a perpetual easement of sufficient
width for the installation, operation, maintenance, repair, renewal, replacement, and removat of
eiectrical cabie, or any other public uti(ity, and ancillary facilities needed to provide electrical power
or other services. to ea.ch such biliboard; said easement shall terminate thirty (30) days after the
termination of the Billboacd Easement for such bi(Iboard.
26. NO REPRESENTATION BY SELLER- AS IS WHERE IS: Seller makes no
representation or wananty of any kind with respect to the Property (including, but not limited to,
express or implied warranties of title, merchantability, or fitness for a particular purpose). The sale
of the Property is strictly on an "as is, where is" basis. By closing this transactioq Buyer will be
deemed to represent and wamant that it is satisfied with the condirion of the Property and that it wilt
take full responsibility for the Property from and after the closing. Wrthout limiting the foregoing,
Buyer represents and warrants that it has not relied upon nor been inrluced by any statements or
regresentations of any person in respect of th� physical condition of the Propetty, including the
environmerrtal conditions present on the Property, or of any other matter affecting or relating to the
physical condition of the Property. By closing this transa,ctiori, Buyer shatl be deemed to represent
and wam�nt that, as respects the environmental and physical condition of the property, it has relied
solely on such imresfiigations, �amina.tions, and inspections as Buyer has made or will make prior to
the closing. By closing this riansactior�, Buyer shall be deemed to represent that it has been af�orded
the opportunity for rull and compiete investigations, examinations, and inspections of the Property.
Wit�out limiting the generality of this paragraph; the parties specifically intend that this paragraph
shall bar all Claims that Buyer {and its successors, assigns, graniees, and vendeesj might otherwise
have against the Indemnitees relating to the environmenta! condition of the Property, including (but
not limited to) Claims brought pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act of 198Q as amended, (commonly known as the Federal Superfund
Act) and ana,logous state statues_ Buyer shall indemnify, defend, and hold harmless the Indemnitees
against a(1 such Claims_
27. ENVIRONMENTAL- PARTIES' RIGHT TO TERMINATE: Either party may te�minate
this agreement at any time prior to the deiivery of the deed if it determines, �n the exercise of its
discretion, that circumstances reiated to hazardous or toxic substances, hazardous wastes, poliution,
or environmental contamination (colleclively, Contaminatioti) render the sale inadvisabie. in t}ie
event of such terrnination, Seller wil! refund the De�osit, without interest. The closin� of the s�le,
if�it occurs, is not; and shafl noi l�e construed as, an acti�al or im�a3ied representatic>n or ��azrant�� !,v
Selier as to tiie condition of the, Property or the absence o#�Contari�ination_
c'n. ..� r,�aky - s
-7-
� 0.0 V
2S. L.l'1'{GA"i`1ON t��XPN:N:
prcvailin� j�a�-ty shall b���ci�titic�
costs, disbursen�ents, ti�itncss i
29. T(ME ON' TH
30. LIpU1DA"�'
perform any of the terms or co�<
retain the Deposit as agr-ced Iipui�
may have this agreement specifi
or conditions of this agreement
terminated {in which event Se
a.greement specifically enforced. '
intended to be cumulative to all o�
agreement, at law, in equity, or ot
or remedy shall not preclude it f
E5: In any aclion brou�l�t in connccti��n ���iii� tl�is a�rccment, thc
rcc;c�vcr iis liti�ati<�n cxpen�cs, includin�;, hut ia��t limi;cd lc�, cc�urt
�, experts' fees, and attorncys, fees.
_ Time is of the essence af�this a�reement.
�S ANU SPEC�FIC PERFORMANCE• !f Buyer fails to
ns of this agreement within the specified time limiis, Seller may
d damages and may declare this agreement terminated, or Seller
� enforced_ Likewise, if Seller fails to per#'orm any of the terms
hin the specifi�d time limits, Buyer may declare this agreement
shall �efund the Deposit, without interest) or may have this
tights and remedies granted to the parties in this paragraph are
rights and remedies available to the parties (whether under this
vise); accordingly, the exercise by either party of any such right
exercising any other such right or remedy.
31. COMPUTATION OF V�: For the purpose of compuring the time periods specified in
this agreement, Saturdays, Sunda � and legal holidays sha11 be counted. However, where the last
day for perfornung any act falls o a Saturday, Sunday, or legal holiday, that act may be performed
on the ne�ct succeeding day wluch is not a Saturda.y, Sunday, or legal holiday_ ��
32. ENTI1tE AGIt�EMEN
paraes wrth respect to the sale and
or representa,tions by Seller exce�
_'This agreement constitutes the entire agrcement between the
urcha.se of the Property. Buyer has not retied on a�+ staternents
as are set forth in this agreement:
33_ NON-ASSIGNABILITY; Buyer may not assign its rights under this agreement without the
advance written consent of Seller.
34. SURVIVAL OF TE S AND CONDITIONS: The terms and conditions of this
agreement shal! survive the delive of the deed.
35_
provisions of this agrcement shali
�6. APPLICABLE LAW:
with, the laws of the Sfate in w
-� 7- [not applicable]
�_ T'he indenu�ification, litigation expense, and confidentiality
ive its ternunation.
� agreement shali be governed by, and construed in accordance
the Land is iocated.
��- W�t.,[;AND SEWA(;N; T h;A'1'MH;N'I'SYSTFM UIS('LOS(�Rf�:ti: Se11cr certifies thai
t�� thc l�est of Seller's knvwledge the e are no wells on tfae Yroperty�. Seller states that to thc bcst ot�
(�n� of F�1Ale� . S
-x-
10.09
Selicr's knowled�c thc��e is no individua) sewage treat�aie�it systena, as defined in Chapter 63 7 oi'thc
Minnesota Statuies, on or scr-vin� tl�c 1>roperiy. � �
39. HEAD[NGS: The paragraph headings used in this agreement are used solely for the purpase
of convenience. They are not intended to, and do not, modify or limit the wordin� of the paragraphs
to which they are aQpended, and they shail not be used or canstrued as guides to the interpretation
of said paragraphs.
40. OFFER DATE: This offer is dated Anril 21 , 19�.
CITY OF FRIDLEY, MINNESOTA OFFER ACCEPTED
By �l_•�i _ - - - �,�1
William W. Burns
ItS City ManaQer
(title)
('9�� ot f'.tak.. _ ! .
-9-
10.10
TRI T�1TE L f�OMPANy
�
� �� :
s ��
ayne _ Serkland
its President and CEO
Date �R� S /�`l�S—
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EXHIBIT A
CP RAIL SYSTEM
PROPERTIES
POTENTIAL SALE OF
TRi-STATE LAN� COMPANY PROPERTY
TO THE C1TY OF FRIDLEY
FRiDLEY, ANOKA COUNTY, MINNESOTA
March G, 1995 No Scale
10.11
>OS Srndh Slh S7re�1
13o.r 530 Minnealinlis MN ,,.9�90 �;311
F<ix� ju 12) :747-8170
�,1�L � 1
"�
. �... �.
r��=��';�'���' ��".������
%�eal Estate Marketing (US)
.iuly 30, 199G
Mr. William W. Burns
City Manager .
City of Fridley
Fridley Municipal Center
6431 University Ave. N.E.
Fridley, MN 55432
RE: Property at University Avenue and 73rd Avenue
Dear Mr. Burns:
E�closed please find a check in the amount of $2,500.00 for earnest money the City of Fridley
sent Tri-Sta.te Land Company that you requested be returned. This will confirm fliat the agree-
ment is cancelled. -
We have enjoyed doing business with you and hope this satisfactorily concludes this matter.
Sincerely,
{ � �.' /%�
��
John P. Nail
JPN/by
Enc(osure
10.12
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10.13
�
CffY OF
FRIDLEY
CLAIMS
AUGUST 26, 1996
cc�iMs
695�3 - 69�17
1 y.0i
�
�
� of
FRIDLEY
Tv�e of License•
AUCTION
Michael Servetus
Unitarian Society
6565 Oakley Dr NE
Fridley, MN 55432
America's Future
3851 Central Ave
Columbia Hts., 55421
LIC�NSES
August 26, 1996
By:
B. Hughes
M. O'Neal
Tina Martin
Approved B�: Fees•
Dave SalZman Exempt
Public Service
Director
" " Exempt
TREE REMOVAL .
Triple T.Tree Service� Duane Turck ' ��
15782 Hershey Ct
Apple Valley, MN 55124
12.01
n $40.00 � ;,..:7
�
� LICENSES
CffY OF
FRIDLEY
ELECTRICAL
Thriftway Electric
3981 Wisconsin Ave N
New Hope MN 55427 Kelly Johnson
GAS SERVICES
Advanced Heating & Cooling
8881 Autumn Oaks Dr
Rockford MN 55373 Joel Rissell
Fireplace Showroom
225 Co Rd 81
Osseo MN 55369 Harlan Hill
O'Keefe Mechanical Inc
7251 Washington f�ve S
Golden Valley MN 55427-3126 Tiffany Sellner
Rouse Mechanical Inc
Po Box 899
Minneapolis MN 55440-0899 Gary Danzeisen
GENERAL CONTRACTOR-COMII�RCIAL
Benson J Construction
7020 Walker St
St Louis Park MN 55426 Gary Jensen
Kranz D J Co Inc
2Q33 W Broadway
Minneapolis MN 55411-1883 Lawrence Elsen
Lindstrom's
9621 10 Ave N
Plymouth MN 55441 Gary Jennen
Maertens-Brenny Construction Co
8251 Main St NE
Fridley MN 55432 Joe Maertens
12.02
STATE OF MINN
RON JULKOWSKI
Chief Bldg Ofcl
Same
Same
i
Same
RON JULKOWSKI
Chief Bldg Ofcl
Same
Same
Same
Authentic Construction (5210;
2047 Grand Ave
St Paul MN 55105
Benson J Construction (4740)
7020 Walker St
St Louis Park MN 55426
Bremar Company (20064213)
740 Northwood Dr
Delano MN 55328 '
D & D Contractors Inc (6898;
5279 Greenfield Ave
Mounds View MN 55112
Fireplace Showroom(2006205'
225 Co Rd 81
Osseo MN 55369
Garlock-Franch Roofing(1423)
2309 Snelling Ave.
Minneapolis MN 55404
Hendricks Roofmg Co (20032:
2521 Jones Place W
Bloomington MN 55431-2837
Keefe's Remodeling c� Repair
5625 James Ave S
Minneapolis MN 55419
Ken's Handyman Service (708!
3028 Edgerton St
Little Canada MN 55117
L & M Roofmg (6341)
593 Berwood Ave
Vadnais Heights MN 55127
Norberg Robert F Construction
325 Evans Ave NW #104
Elk River MN 55330
Steve Sater
Gary Jensen
Brett Nesenson
Dennis Dumoulin
Harlan Hill
Ron Lund -
6)
Mark Hendricks
3298)
Byrne Keefe
,�
Ken Barrieuu
Lyle Nelson
(4121)
Robert Norberg
12.03
STATE OF MINN
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
North Central Builders (3763)
7401 42 Ave N
New Hope Mn 55427
Prestige Pools
3 E Little Canada Rd
St Paul MN 55117
Quality Contracting (7035)
11412 W River Rd
Champlin MN 55316
Schweich David Construction (3607)
17160 Hamilton Dr
Lakeville MN 55044
Top Gun Roofing (3388)
5014 Parrish Ave NE
Rogers MN 55374-9009
HEATING
Advanced Heating & Cooling
8881 t�utumn Oaks Dr
Rockford MN 55373
O'Keefe Mechanical Inc
7251 Washington Ave S
Edina MN 55439-2403
Rouse Mechanical Inc
PO Box 899
Minneapolis MN 55440-0899
MASONRY
Jack Pixley Sweeps
4179 149 Ave NW
Andover MN 55304
PLUMBING
Minnesota Plumbing & Htg Inc
1420 W 3 Ave
Shakopee MN 55379
Spartan Mechanical Inc
9801 Valley View Rd
Eden Prairie MN 55344
Larry Kraatz
Pat Henry
Kenneth Welton
Dave Schweich
Bryan Shiltz
Joel Rissell
Gary O'Keefe
Gary Danzeisen
Jack Pixley
Paul Sullwold
Same
Same
Same
Same
Same
RON JULKOWSKI
Chief Bldg Ofc1
Same
Same
RON JULKOWSKI
Chief Bldg Ofcl
STATE OF MINN
Dennis Edwards Same
12,04
SIGN ERECTOR
Signs With Dimension
7707 147 St W
Apple Valley MN 55124
WRECKING
Frattalone FM Excavating
3066 Spruce St
St Paul MN 55117
Ken Matheson
Jon Ekeroth
12.05
RON JULKOWSKI
Chief Bldg Ofcl
RON JULKOWSKI
Chief Bldg Ofcl
�
�
CfIY OF
FRIDLEY
Visu-Sewer Clean & Se I, Inc.
3940 Louisiana Avenue outh
St. Louis Park, NtN 5542
Sanitary and Storn
Project No. 292
FINAL ESTIMATE
�.
ESTIMATES
AUGUST 26,1996
Sewer Repair
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 72, 934.80
13.01
CITY OF FRIDLEY
PUBLIC WORKS DFPAR'rMENT
ENGINEEItING DIVISION
6431 University Avenue N.E.
Fridley, Minnesota 5�432
July 22, 1996
Honorable Mayor and City Council
City of Fridley
c/o William W. Burns, City Manager
6431 University Avenue N.E.
Fridley, MN 55432
Council Members:
�ERTIFICATE OF THE ENGINEER
We hereby submit the Final Estimate for Sanita.ry and Storm Sewer Repair
Project Na 292, for �su-Sewer Clean and Seal, Inc., 3940 Louisiana Ave So.,
St. Louis Park, MN 55426.
We have viewed the work under contract for the construction of sanitary and storm
sewer repair Project No292 and find that the same is substantially complete in
accordance with the contract documents. I recommend that final payment be made
upon acceptance of the work by your Honorable Body and that the one year
contractual maintenance bond commence on July 17, 1996.
Respectfully submitted,
—�
—�
" John G. Flora
Director of Public Works
JT:cz
Prepared b�
Checked bv
13.02
July 22, 1996
To: Public Works Director
City of Fridley
CITY OF FRIDLEY
We, the undersigned, have i spected the above-mentioned project and find that the
work required by the contract is substantially complete in conformity with the plans
and specifications of the proj ct.
AlI deficiencies have been c
City feels the contraci-.ar shc
contractor.
So, therefore, we rec�mmen
ESTINIATE for the contractor
day of the final inspection th;
cted by the contractor. - Also, the work for which the
receive a reduced price has been agreed upon by the
l to you that the City approve the attached FINAL
�nd the one-year maintenance bond, starting from the
t being Jul�i7, 1996. �
Q
n,
Inspector
���
Representative, (Title)
13.03
July 22, 1996
City of Fridley
SANITARY AND STORM SEWER REPAIR PROJECT NO. 292
CERTIFICATE OF CONTRACTOR
This is to certify that items of the work shown in the statement of work certified
herein have been actually furnished and done £or the above-mentioned projects in
accordance with the plans and specifications heretofore approved. The �nal contract
cost is $151,400.90 and the final payment of $72,934.80 for the improveirient project
would cover in full, the contxactor's claims against the City for all labor, materials and
other work down by the contractor under this project.
I declare under the penalties of perjury that this statement is just and correct.
VISU-SEWER CLEAN & SEAL, INC.
Dean Korts, Project Coordinator
13.04
July 22, 1996
City of Fridley
SANITARY AND STORM �EWER REPAIR PROJECT NO. 292
This is to certify that Visu
Wage Provisions as specified
Anoka County.
� I declare under the penalties
VISU-SEW�R CLEAN & Sl
Dean Korts, Project Coordi
Clean & Seal, Inc. has abided b3- the Prevailing
the Minnesota Department of Labor and Industry for
of perjury that this statement is just and correct.
INC.
13.05
CITY OF FRIDIEY
PUBUC WORKS DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MINNESOTA 55432
FROM: City of Fridley
Engineering Division
TO: Honorable Mayor and City Council
City of Fridley
6431 University Ave, NE
Fridley, MN 55432
Dated: July 22, 1996
�
! Sanitary Sewer lining (15 in. CMP)
!
�
Mobitization Base Bid
Sanitary Sewer Lining (15 in. CMP)
(altemate bid) .
7th Street Storm Sewer 36 in. RCP
RE: Estimate No. 2 (FINAL)
Period Ending: July 17, 1995
FOR: Visu—Sewer Clean & Seal Inc.
3940 Louisiana Ave S
St �ouis Park MN 55426
JOS CODE NO. 602-6000-415-4530-6007
SANiTARY SEWER REPAIR (7TH STREET)
PROJECT NO. 292
STATEMENT OF WOflK
i Quantity Tota
Fctimatari � I lni� Thi�hic
1,316.00 � LF
1.00 LS
330.00 1..F
417.001 LF
49.9 1,316.00 ( 65,668.40 1,316.00 65,668.40
i
1,500.00 1.00 1,500.00 1.00 1,500.00
46.75 330.00 15,427.50 330.00 i 5,427.50
165.00 � 4 i 7.00 � 68,805.00 � 417.00 � 58,805.00
' ' I,
�
� I ;
�-- -- -- _ _.____ - _ -- -J -
TOTAL THIS ESTIMATE
13.06
I �
i
� ;
i
_ ,_ ___
� i 51 ,400.90
TOTAL AMOUNT $151,400.90
Vfsu—Sewer Ciean & Seal, Inc.
ESTIMATE NO. 2 (FINAL)
SUMMARY
Original Contract Amount
Contract additions C.O.# 1
Co�tract deductions —
Revised contract amount
Value Completed To Date
;Amount Retained (0%)
�ess Amount Paid Previously
OUNT DUE THIS ESTIMATE
TlFICATE OF THE CONTRACTOR
he�eby certify that the work performed and the
or this project, and all authorized changes then
$151,400.90
151,400.90
151,400.90
0.00
78,466.10
$72,934.80
terials supplied to date under the terms of the contract
have an actual value under the contract of the amounts
estimate (and the final quantities n the final estimate are correct), and that this estimate is just
d no part of the °Amourrt Due This Estimate" has been received.
Contracto�'s Authorized Representative
CERTlFICATE OF THE ENGINEER
hereby certiiy that I have prepared o� examined this estimate, and that the contractor is entitled to payment
f this estimate under the contract for reference rojeci. .
OF FRIDLEY, INSPECTOR
y �
fiecked By ���—
Date: / "��' 9�0
Respectfully submitted,
�
/ / v" /r �
Joh .ffora, PE
Di � of Public Works
13.07
PAGE 2
TO:
FROM:
SUBJECT:
DATE:
WILLIAM W.
RICHARD D.
WILLIAM A.
PUBLIC HEA
LICENSE
AOGUST 21,
CITY OF FRIDLEY
M E M O R A N D II M
��
f8, CITY MANAGER �
tYL, FINANCE DIRECTOR
[PA, CITY CLERR
FOR MAIN EVENT FOR AN INTOBICATING LIQIIOR
96
On the August 26 Ci y Council agenda is a public hearing to
consider granting an intoxicating liquor license to Main Event,
located at 7850.Univ rsity Avenue Northeast. A Public Hearing
Notice is attached fo your review.
Pursuant to Ghapter 6 3 Section .07 of the Fridley City Code, we
are required to hold a public hearing before issuing this license.
The Police Departmen has performed� the required background
investigation on Main ent and Public Safety Director Sallman has
approved the applicat'on.
14.01
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that the Council of the City of Fridley will
hold a public hearing at the City Municipal Center, 6431 University
Avenue Northeast on August 26, 1996 at 7:30 p.m. on the question
of issuing an ' Intoxicating Lic�uor License to �Main Event for the
property located at 7850 University Avenue N�rtheast.
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 572-3500 no later than August 23,
I996.
Anyone having an interest in this matter should make their interest
known at this public hearing.
William A. Champa
City Clerk
Publish: August 22, 1996
14.02
DATE: August 22, 1996
TO: William Burns, C
FROM: Barbara Dacy, G
Scott J. H'ickok, :
SUBJECT: Special Use Pern
INTRODUCTiON
On July 24, 1995 the City Cout;
gard� c�enter at Home Depot.
compliance with 6 stipulations. �:
outdoor storage and display. In
revocation of Home Depot's garc
MEMOR�.NDUM
PLANNING DIVISION
Manag���r
anity Development Director
an� Eoordinator .
For a Gard� Center at Home Depot, Fridley Addition
approvoed a spacial use pernut to allow t;oastruction of a 27,972
he City Council's approval of the special use perniit required �
ie Depot has violated spec.ific garde,n centea- stipulations rEgarding
�onse, the Ciry Council scheduled a public heazing to consider
center speciai use percnit.
ISSITES .
State law provides the City with th ability to re�roke a special use pennit if evidence is produced which
shows non-compliance with pernu stipulations.
In mid-April Home Depot o rts doors for busine.ss. Within 3 days of the store opening, staff
requested a meeting with the store er to discuss outdoor storage and display violations. On
April 19, 199b, Kurt Iensen-S eider issued a formal co�on notice. A follow-up inspection
occurred on May 4. Violatior�s ntinued. A follow-up letter was sent to the store manager and
ultimately a citation was issued. pies of the letters and photographs have been provided to illustrate
the nature of the violations.
Home Depot's Store Manager ori
to guilty.
Judge Quinn handed down a ser
for 12 months pending no same
occurs, Judge Quinn niled that
Manager.
plead "not guilty" to the charges, but later changed the verdict
ice of a$300.00 fine and 30-day jail term. The sentence is stayed
similar violations during that period. If a same or similar violation
me Depot's President will serve the 30-day jail temi, not the Store
15.01
Home Depot
August 22, 1996
PAGE 2
Prior to the revised plea of "guilty", Home Depot introduced 3 contact people to resolve issues that
arise. These people are: W. Andrew McKenna, President, M'idwest Division, Thomas S. Mageis, Real
Estate Manager, 11�idwest Store Support, Nfichael R Folio, Director of Real Estate, M'idwest. The
three representatives ha.ve committed to resolving remaining issues with the Fridley Home Depot store.
The site is now in compliance. A before and after video will be available for the City Council's review
on Monday evening.
RECOMNIENDATIO�t:
Staff recommends opening the revocation public hearing and receiving comment. Because the site is
now in compliance, no action is recommended unle.ss testimony is received to the contrary. Routine
staff inspections will be conducted. ff future violations occur, revocation proceedings will be initiated
as well as court proceedings.
Note: On a separate, related issue, Home Depot has comm:tted to complering the 57'�` Ave./Main
Street ta affic study (to be compl�ed on August 26, 1996). Staff will review the study as soon as
possible and report on its findings. •
15.02
Home Depot USI� Inc.
August 21, 1995
Page 3
♦ On July 24, 1995,
approved your requ
to ailow garden ce
display or storage
estabZishments of
offering goods or
waiting in parked
to their�vehicles
� while on the premi
Survey #130, gener
River Road, and we
Approval of the
upon the follow
1.
2-
� 3.
4.
5.
6.
Approval of
approval of
The architect
consistent wi
st�ucture.
There shall
pestieides,
There shall
center.
the Fridley City Council officially
�st for a special use permit, SP #95-05,
lters or nurseries which require outside
of inerchandise, and to allow
�he "drive-in" type, selling, serving, or
�ervices directly to customers either
notor vehicles or to customers who return
=o consume or use the goods or services
�es, iocated on Tract A, Registered Land
illy iocated north of I-694, east of East
�t of Main Street. �
ial use permit request is contingent
#95-05 shall be contingent upon prior
�95-04.
1 detail of the g�rden center shall be
the architectural detail of the primary
no outdoor sales af fertilizer,
other potential pollutants.
no off-season storage within the garden
The developer shall provide sufficient on-site parking
to accommodat garden center patron parking demands.�
There shall b� no outdoor plant sales (outside of the
confines of t e garden center walls).
♦ On July 24, 1995, he Fridley City �ounci3 officially
approved your requ st for a P1at,�P.S. #95-02, to replat
Tract A, Registere Land Survey �130 into three separate
parcels, generally located nor� of I-694, east of East
River Road, and we t of Main15treet.
4
r' �� ,
Approval of this p�at requ`est is contingent upon the
following stipulat ons: ;
1. Approval of P S.,.�95-02 shall require prior approval of
ZOA #95-04. ��'
r
2. The petitione �shall comply with all requirements of
the Anoka Cqci ty Engineering Department.
15.03
_
CITYOF
FRIDLEY
FRIDLGY MUNICIPAL CENTGR • 6431 UNIVERSITY AVE. N.E. FRIULEY, MN SSAi� •(61?) 571-345� • FAX (612) 571-1287
May 9, 1996 CERTIFIED MAIL
Steve Carass
The Home Depot
5650 Main Street N.�.
Fridley, MN 55432
RE: Final Notice of Noncompliance of the Fridley City Code at 5650 Main Street N. E.
Dear Mr. Carass:
A second inspection of the property at 5650 Main Street N.E. confirmed that the
following items still do not comply with City Code:
Disco�tinue outside s#orage of alt flatbed carts, afl bundled wood posts, all fence
sections, hot tubs, docks, an assembled deck, 11 riding iawnmowers, two log
splitters, a utility #railer, assembled jungle gym, 5 table%hair sets, shed display,
pallets of landscape rock, al! outdoor planting materials, and any other
improperly stored a�d displayed materials in the front of the store. (Many of
these materials are encroaching o� the designated fire {ane.)
A final inspection to determine complian�e wilt be conducted or� or about May 15, 1996.
You should arrange to complete an app�oved plan for compliance before that date.
Shouid this inspection confirm that this defiiciency siill exists, legal action will be
approved. If corrective action cannot be comple#ed by this time, contact me to
coordinate a schedule to complete this requirement.
If you have any questions regarding this matter, please contact me at the Fridley
Municipal Center, 572-3595.
Sincerely,
Ku�t Jensen-Schneider
Code Enfo�cement Officer
KJS:Is
CE'-96-139
15.04
�, 3
(=RIDLL'l' MUNICIVAL CENTER • 6-�� 1 l
Apri( 19, 1996 I
Steve Carrass
The Home Depot " �
5650 Main Street N. E.
Fridley, �MN 55432
RE: First Notice of N
Dear Mr. Carrass:
� i.�"�°
i,.5''r ��?'.i^':;�F
ti: ..
j �.i..Z
•
,
;NIVERSITY AVE. N.E. FRlDLEY. �1\ »-t?� •+61'� 571-34i0 • FAX (612) 571-1287
nce at 5650 Main Street N.E.
The City of Fridtey has est blished a City Code for the purpose of promoting a pleasant
-and attractive suburban e vironment. A recent inspection of the property at 5650 Main
Street N.E. revealed that no all Code requireme�ts are presently being met. Listed befow .
are items which do not co ply with the City Code: �
1. Discontinue the i prope� storage of � all maferials including fence sections,
whirlpools, planting materials, shopping carts, etc., located in front of the Fridley
store.
Your prompt attention in c
Fridley a better place to f
1996, to determine comp;
If you have questions or v
3595. Thank you for your
Sincerely,
Kurt Jensen-Schneider
Code Enforcement Officer
KJS:Is
CE-96-127
:,ting this situation would great(y assisf us in he(ping make
An inspection will be conducted on or shortly after May 4,
Id fike to discuss this violation, please contact me at 572-
15.05
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PERRETEN-
: A�enda Ttem:
)F FRIDLEY PROJECT SUMMARY
STH STREET N.E. VARIANCE
,pPlicant 1Vrchael &
`C� itilan er Autfior�zation . :, �
DESCRII'"ITON OF REQUEST•
Michael and Sherry Perreten have requested a variance to allow an 8' X 24' garage e�ansion. The
property is located at the corner of 5 Street N.E. and 60th Avenue N.E. The setback of the existing home
and garage is 10' along the 60th A enue property line.
HARDSHIP STATEMENT:
SUMMARY OF ISSUES:
Code Section 205.07.03.(D), states, '
than seventcen and one-half (17.5) fe
building which opens on the side st
side strceY'. The Perreteds request
the street side. The eadsting attache
A 1965 reconsauction of a tornado
a garage expansion today.. Accordi
yards were required. No addition
state: Garages with doors not op�
(rather than 25'). The layout of the
west end of the new garage. This �
to expand their gazage to two cars,
The request is then also within ran
body of text)
he side yard width on a street side with a corner lot shall not be less
". Code corninu�s by stating, "Any attached or unattached accessory
et, shall be at least twenty-five (25) feet from the property line of a
;lates to the 25' setback requirement because the garage opens on
garage is a singie car design that opens onto 60th Avenue N.E.
maged home (on this substandard sized lot) has left few options for
to the setback requirements in effect at that time, two 10 foot side
setback was required for a corner lot. Cunent Code requirements
Zg onto the side street can be as close to the right-of-way as 17.5'
;rreten site is such that the overhead door could be relocated to the
uld minimize the size of variance required and allow the Penetens
ule decreasing the impact of cars backing directly onto the street.
of previously granted variances.
The Perretens have indicated that ti�e staff recommended alternative is not one they would favor, as they
were hoping to utilize their existingl drive with little or no modification.
RECOMMENDED CITY COU CIL ACTIONS:
Staff recommends approval of VAR #96-17 with the following stipulations: 1) The garage be reoriented
to allow access through a relocated verhead door on the west end of the garage, 2) A new hard surface
driveway shall be installed within 1 y of City Council approval of this variance, 3) The existing driveway
sha11 be removed and replaced with sod or landscape plantings.
APPEALS COMMISSION A�ON:
The Appeals Commission recom ended approval of VAR #96-17, without the staff recommended
stipulations.
Staff Report
VAR #96-U
PROJECT DETAILS
Petition For: A variance to reduce the side corner setback of an attached accessory structure from 25' to
10' to allow construction of a 8' x 24' garage addition.
Location
of Property:
Legal Description
of Property:
Size:
Topography:
Ezisting
Vegetation:
Ezisting
Zoning/Piatting:
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access: •
Engineering
Issues:
Site Planning
Issues:
5980 Sth Street N.E.
Lot 1, Block 14, Hyde Park
5415.75 square feet
Relatively flat
Urban landscape
R 1, Single Family, Hyde Park
Available
SUMMARY OF ISSUES:
Sth Street N.E. to 60th Avenue N.E.
NA
DEVELOPMENT SITE
HISTORY:
May 6, 1965 - Numerpµs homes damaged or totally demolished by tornado. Home
at 5980 Sih Street N.E. was damaged beyond repair.
16.02
�:
f'
�d.+_:
Stafl' Report
VAR #96-17
May 26, 1965 - The property owner from 5980 Sth Street N.E. stood before the
Appeals mmission requesting a variance to rebuild the home demolished by the
tornado.
June 21, 965 - The City Council approved a variance to allow a side yard variance
of 2.5' all ' a 7.5' side yard. At that time the Council also approved a front yard
variance t 10'.
October
July 15,
garage.
Elsewher
1990 - T
side stree
1965 - A building permit was issued for a house and gatage.
- A va�iance was requested to allow expansion of the existir►g single car
in the City...
City granted a side yard variance ta 15', for a garage that open onto the
1995 - T e City approved reconstruction �f a garage 6" from an unimproved side
street. In instance, the garage did n.ot open onto the side street right-of-way and
the City ' cited the unimproved right-of-way as the umque features that
supported their approval.
Code n 205.07.03.(D), states, "The side yard width oti a strcet side with a corner
lot shall at be less than seventeen and one-half (17.5) feet". Code contiriues by
. stating, " attached or unattached accessory building which opens on the side street,
shall be least twenty-five (25) feet from the property line of a side street".
The P have indicated that their reason for requesting a variance is due to two
physical c eristics. As stated: [A] "Narrow corner lot" [and as conshucted, the]
"house is ideways" [on the lot].
A 1965 r
options fc
at thai tin
for a corc
be reloca�
expand t�
onto the
onstruc�ion of a tornado damagedon this substandard sized lot) has left few
a garage expansion today. According to the setback requirements in effect
, two 10 foot side yards were required. No additional setback was required
- lot. However, the iayout of the site is such that the overhead door can
i to the west end of the new garage. This would allow the Perretens to
r garage to two cars, while decreasing the impact of cars backing directly
3
� s.o3
Stati Report
VAR #96-i7
WEST:
SOUTH:
EAST:
NORTH:
Comprehensive
Planning Issues:
Public Hearing
Comments:
Though existing mature shade trees are present in the west yard, a driveway can be
situated to minimize damage or removal of those trees.
Moving the overhead door to the west end of the new e�cpanded garage will also
minimize the size of variance required. Crarages with doors not opening onto the side
street can be as dose to the right-of-way as 17.5' (rather than 25'). The request is then
also within previously granted variance allowances.
Zoning: R 1
Zoning: R 1
Zoning: R 1
Zoning:' R 1
Corisistent
To be taken
RECOMN�NDED ACTTONS:
ADJACENT SITES
Land Use: Single Family Residerrtial
Land Use: Single Family Residential
Land Use: Single Family Residential
Land Use: Single Farnily Residential
>.
Staff recommends approval of VAR #96-17 with the following stipulations:
1) The garage be reoriented to allow access through a relocated overhead door on the west end of the garage;
2) A new ha.rd surface driveway shall be installed within 1 year of City Council approval of this variance;
3) The existing, driveway shall be remove�i and replaced with sod or landscape plantings.
4
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VAR #�6-17
Michael Perreten
5980 Sth Street
CATI O N MAP
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APPEALS COMMISS[ON MEET[IYG AUGUST 14 1996 PAGE 4
Mr. Kuechle stated suggested this request be discussed at the end of the agenda.
3. PUBLIC HEARlNG: CONSIDERATION OF A VARIANCE REQUEST VAR #96-17
BY MICHAEL & SHERRY PERRETEN:
Per Seetion 205.07.03.D.(2).(c).((3)) of the Fridley Zoning Code, to reduce the side
corner setbadc of an attached accessory structure facing the street from 25 feet to
10 feet to allow the construction of an 8 foot by 24 foot garage addition, on Lot 1,
Biock 14, the same being 5980 - 5th Street N.E.
MOTION t�y Ms. Beaulieu, seoonded by Dr. Vos, to waive the reading of the public hearing
notice and to open the public hearing.
UPON A VOlCE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARlNG OPEN AT 7:40 P.M.
Mr. Hickok stated the subject parcel is located at the oomer of 60th Avenue and 5th Street.
The request is to a(low the expansion of a garage and a expansion of the existing setback
which is 'f 0 feet from the existing right-of-way along the 60th Avenue property 1ine. The
petitioner is proposing to add an 8-foot x 24foat addition to the westem face of the
existing garage and to rework the garage structurally to accommodate 2 vehicles. In
looking at the �equest, staff {ooked at the code sections that apply to seibacks o� comer
lots and noted that the setbadc requirement for a garage on a comer when the garage door
faces the street is 25 feet. If the garage were positioned so it was no# facing the street, it
could be as close as '17.5 feet to the street right-of-way.
Mr. Hickok stated the home constructed prior to 'i 965. A different home was on the site
at that time which was damaged beyond repair in a tornado. The property ovimers
requested and received a variance to allow the home to be constructed in this manner.
The varianoe allowed a 7.5 foot setback along the south side of #he property and allowed
the street side setback of 10 feet that exists today. The building permit was is�ued and
the house constructed with a single stall garage.
Mr. Hickok stated staff �ecommends bringing the variance request within previously
gfanted variances and to approve the variance to the setback with the following
stipulations:
The garage be reoriented to allow access through a refocated ovefiead door on the
west end of the garage.
2. A new hard surface driveway shall be installed within 1 year of City Council
approval of this variance.
16.08
MMfSSiON M�ETiNG, AUGUST t4, 199G PAGE 5
3. The existing driveway
plantings.
Mr. Perreten stated he was
shall be removed and replaced with sod or landscape
to see the recommendation to alter the plan. He
would like to see the original lan app�oved or disapproved. Moving the garage door to
the west side does not change he cost of the structure very much but moving the driveway
around to the west side increa es the cost of removing the old driveway and constructing
a new driveway. He would al have a longer driveway to clear of snow in the winter. He
would probably have to back out onto 60th Avenue anyway. He does not see what he
would gain by moving the door o the west side. The house in 10 feet back from the right-
of-way. No use is being mad of that right-of-way today. There are two large oak trees
by the end of the west side of t e driveway that people would have to come through if the
driveway were changed. He uspects there will not be a sidewalk in front of the house.
Parking cars in the driveway is not blocking anything being used by the public. Their
intention was to widen the gar ge and replace the asphalt driveway with concrete. That
allows them to park the cars ff the street as they have done for the last 23 years.
Qr. Vos asked the petitioner, if �hey are goi�g 8 feet to the west, how ciose witl they get to '�
the I�rge irees. I
Mr. Perreten stated he did n t understand moving the driveway in order to expand the
existing garage. The existing riveway is wide enough for a car to park to the side of the
existing garage door. The exi ting driveway is wide enough to serve a two-car garage.
Dr. Vos stated a stipulation
of a variance. If the garage
less.
to put the door on the west side so you.wouid need less
is placed on the no�th side, the redu�tion required is then
Mr. PeReten stated he is not m ving anything closer to the street than it was before. It is
the same distance from the str et as it has always been. He did not think there were other
ways to expand the garage for e same amount of money o� with the same convenience.
He wants to add one siall to is garage for convenience and make the driveway more
permanent. This will make the dwelling more pleasant and hopefully increase the resale
value of the home_ To him, it ounded like an improvement.
Mr. Kuechle stated the probl�m is the code requires and what should the Commission
allow in the variance.
Mr. Perreten stated the origin,
same distance as requested
, �,
variance was approved to 10 feet and this request is the
The physical distance between the cu�b and the
16.09
APPEALS COMMISSIOIV MEETING, AUGUST 14, 1996 PAGE 6
house is 26 feet. He has been parking his car in front of the garage for years with space
feft over on the end.
Dr. Vos stated the only neighbors affected is the one to the south and to the west. Have
there been any comments from the neighbors?
Mr. Perreten stated he has not heard anything from the neighbor to the west. The
neighbor to the south has another garage at the end of their house.
MOTlON by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAlRPERSON KUECHLE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:53 P.M.
Dr. Vos asked if this request would automatically go to the City Council because there was
a staff difference.
Mr. Hickoic stated yes, this request would go before the City Council.
Ms. Beaulieu stated she thought there was a hardship because this is a 41-foot lot. With
a 41 foot tot, the�r options are not as open as with a targer lot. The !ot is narrow and that
in itself could be considered a hardship. She did not see this as a det�iment.
Mr. Kuechle stateci he concurred. It is somewhat of a hardship in that the City allowed the
first variance in 1�5 and is now saying they cannot. He can understand the code
requirement and the City has a right to dernand a variance be requested. He cannot see
that there is any purpose served by moving the driveway to the west except to meet the
code but the p�titioner would still need a variance although to a lesser degree. He would
recommend approval.
Dr. Vos stated, in looking at the suggested driveway, the petitioner would lose more yard.
He did not see any advantage to changing the driveway. The request seemed reasonable
considering the narrow lot. He would recommend approval.
MOT10N by Ms. Beaulieu, seconded by Dr. Vos, to recommend approval of Variance
Request, VAR #96-17, by Michael and Sherry Perreten to reduce the side corner setback
of an attached accessory structure facing the s#reet from 25 feet to 10 feet to allow the
construction of an 8 foot by 24 foot ga�age addition, on Lot 1, Block 14, the same being
5980 - 5th Street N. E
16.10
P
�r
UPON A VOICE VOTE, ALL
MOTION CARRIED UNANII
Ms. McPherson s#ated the C
0
C►1
PAGE 7
1NG AYE, CHAIRPERSON KUECH�E DECLARED THE
SLY.
Council wouid consider this request on August 26.
��l
Per Section 205.12.04 f the Frid(ey Zoning Code, to reduce the front yard se ack
from 35 feet to 25 feet, and
Per Section 205.12.04 the Fridtey Zoning Code, to reduce fhe side ard seiback
on a corner lot from 5 feet to 30 feet to allow the expansio of an existing
wellhouse on Lots 1, 2 and 3, Block 1, Central View Manor, erally located at
7345 Highway 65 N.E.
MOTION by Dr. Vos, seoond�by Ms. Beaulieu, to waive the re ing of the public hearing
notice and to open the pubtic earing.
UPON A VO�CE VOTE, ALL V�TING AYE, CHA►IRP�=g�BION KUECHLE DECLARED THE
MOTiON CARRiED AND TH PUBLtC HEARI(VG ',�PEN AT 7:58 P.iVI.
Mr. Hidcok stated the request
has requested the variance
along Highway 65 and a red�
of the request to allow the G
well #12. As proposed, the s
30 feet and along 73 1/2 Ave
by the City of F' ley. Mr. Flora, Director ofi Public Works,
� behatf of City to atiow a reduced front yard setback
ed front y d setback along 73 112 Avenue. The purpose
�tructi of an addition to the filte� plant stnacture serving
ba tong Highway 65 wouid be reduced from 35 feet to
a rom 35 feet to 25 feet.
Mr. Hidcok stated the City uired this property in 9969 th�ough tax forfeiture. As the
code is written, property ui ed for a City purpose reverts to a"P", Public Designation,
by City ownership an use of the iand. The existing building was construcied in 1970.
Recently, the City ouncil h s grappled with waier quality and the necessity for an
additional filtrati facility in t e City. The City hired a consulting firm to analyze where
the facility wo d be best plac d and this site was pinpointed.
Mr. Hic stated a hardshi does exist in that well #12 is drilled and the related
equip nt is in place_ The filtr tion building as designed would be matched to the existing
wel ouse. The addition exten s the existing building setback dimensions toward the right-
-way. Staff looked at alter atives to construction on this site including stepping the
building back. The issue is not new building but the existing building with a substanda�d
setback. Staff also evaluate the alternative of demolishing the existing structure and
16.11
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,_J ., .:ii�`��t . _ ,1'
TO:
FROM:
SUBJECT:
MEMORANDUM
_ �
' �ir�
HARD D. PRIBYL;
WILL W. BURNS, CITY MANAGER ��la
RIC D D. PRIBYL, FINANCE DIRECTOR
PAUL . NANSEN, STAFF ACCOUNTANT
RESO UTION ADOPTING A"PROPOSED" BUDGET FOR THE
FISC YEAR 1997
DATE: August 22, 1996
In conformance with Chapt r 275, Section 065 of the Minnesota Statutes, attached is the
"proposed" 1997 Prelimina Draft Budget.
Chapter 275 requires the Ci to certify a"proposed" budget to the County Auditor prior
to September 15. �
We request the City
Budget.
RDP/ph
Attachment
pass the attached resolution and adopt the 1997 "Proposed"
�
RESOLUTION NO. - 1996
A RESOLUTiON ADOPTING A"PROPOSED" BUDGET
FOR THE FISCAL YEAR 1997
WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an
annua! budget; and
WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City shall adopt a
proposed budget before September i 5; and
WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that such "proposed• budget be
certfied to the County Auditor;
NOW THEREFORE, BE IT RESOLVED that the following "proposed" budget be adopted and approved:
GENERAL FUND ,
axes an peciai Assessments:
Current Ad Valorem
Delinqueni, Penafties,
Forteited
Special Assessments
Licenses and Permits:
Licenses
Permits
Intergovernmental:
Federal
State -
Homestead and Agricufture
Credit Aid
Local Government Aid
Local Pertormance Aid
All Other
Charges for Services
HRA
Water Fund
Sewer Fund
Storm Water Fund
Liquor Fund
Cable N Fund
Construction Funds
Fines and Forfeits
Interest on Investments
Miscellaneous Revenues
Other Financing Sources:
Sales of General Fixed Assets
Closed Debt Service Fund
Liquor Fund
TOTAL REVENUES AND OTHER
FINANCING SOURCES
Fund Balance:
General Fund Reserve
ESl7MATED
REVENUE
$3.688.736
119,613
1,890
150,01 P
387,790
4,g47
1,039,739
1,626,516
31,801
482,873
291,796
244,737
153,032
147,449
81,962
58,556
22,303
63,027
188,460
350,000
149,292
15,977
145,821
75, 000
9.521.229
508, 476
Legislative:
City Council
Planning Commissions
Other Commissions
Ciry Management:
General Management
. Personnel
Legal
Finance:
Elections
Accounting
Assessing
MIS
City Clerk/Records
Police:
Police
Civil Defense
Fire:
Fire
Rental Housing Inspections
Public Works:
Municipal Center
Engineering
Lighting
Park Maintenance
Street Maintenance
Recreation:
Recreation
Natu�alist
Community Development:
Building Inspection
Planning
Reserve:
Emergency
Nondepartmental:
APPROPRIATIONS
$94.091
2,032
12.289
284,604
93,596
245,000
0
566.263
119,575
1 T0,346
109,517
3,195,146
9,850
741,937
96,089
195,265
450,271
192,700
690,738
1,182,067
602,638
219,509
217,534
369.021
100,000
69.827
TOTAL GENERAL FUND $10,029,705 s10.029,705
i 7.02
SPECIAL REVENUE FUNDS
Cabie Fund
Grant Management Fund
Solid Waste Abatement Fund
Housing Revitalization Fund
Fund Balance
TOTAL SPECIAL REVENUE
CAPITAL PROJECTS FUNDS
Capital Improvement Fund
Taxes — Current Ad Valorerr
Interest on Investments
Donations
State Aid Construction
Fund Balance
TOTAL, CAPITAL PROJECTS
AGENCY FUND
Six Cities Watershed Fund
Taxes — Current Ad Valorem
TOTAI. AGENCY FUND
TOTAL .
PASSED AND ADOPTED BY
A.UGUST, 1996
ATTEST:
WILLIAM A. CHAMPA - CITY
$114,750
205,946
240,125
250,000
78,376
UNDS $889.197
$85,550 General Capital Improvement
265,925 Streets Capital Improvement
10,000 Parks Capital Improvement
500,000
507.665
51.369.140
$3, 911
$3,911
512.291.955
$140,486
205,946
292,765
250,000
5889,197
$97.000
992,540
279,600
_ :1.369.140
$3.911
53.911
512.291.953
CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY OF
17.03
WILUAM J. NEE - MAYOR
MEMORANDUM
�
s
FINANCE DEPARTMENT
CITY OF FRIDLEY ' �w�
TO:
FROM:
SUBJECT;
DATE:
RICHARD D. PRIBYL
FIIV.�VCE DIRECTOR
WILLI M W. BURIVS, CITY MANAGER��1�
RICH RD D. PRIBYL, FINANCE DIRECTOR
PAUL . HANSEN, STAFF ACCOUNTANT
RESO UTION CERTIFYING "PROPOSED" TAX LEVY
REQU REMENTS FOR 1997 TO THE COUNTY OF ANOKA
FOR C LLECTION
August �22, 1996
In conformance with Chapter 75, Section 065 of the Minnesota Statutes, attached is a resolution
certifying "proposed" tax levy quirements to the Anoka County Auditor.
Chapter 275 requires the City t certify its "proposed" tax levy requirements prior to September 15.
The 1997 "proposed" tax levy f$3,882,712 represents a decrease of $14,917 over the 1996 certified
levy. This is the result of an' crease in HACA of $14,917 and no increase in the tax levy.
We request the City Council pass the attached resolution to certify the "pmposed" tax levy
requirements.
RDP/ph
Attachment
18.0 7
RE80LUTION NO. - 1996
A RESOLIITION CBRTIFYING ��PROPOSgD�� TA% LEVY
REQIIIREMENTS FOR 1997 TO THE COONTY OF ANORA
WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the
City to certify its "proposed" tax levy requirements to the County
Auditor;
NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to
the County Auditor of the County of Anoka, State of Minnesota, the
following "proposed" tax levy to be levied in 1996 for the year
1997.
GENERAL FUND
General Fund
CAPITAL PROJECT FUND
Capital Improvement Fund - Parks Division
AGENCY FUND
Six Cities Watershed Management Organization
TOTAL ALL FUNDS
$3,806,948
$ 72,689
� 3.075
�3,882.712
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF AUGUST, 1996.
ATTEST:
WILLIAM J. NEE - MAYOR
WILLIAM A. CHAMPA - CITY CLERK
18.02
F
TO:
FROM:
�x7iT T T A Aii A.!''i7A Aif
r
���
WILLIAM W. BURNS, CITY MANAGER��C�
WILLIAM A. HAMPA, CITY CHARTER STAFF LIAISON
SUBJEC�: FIRST REAII�TG OF AMENDMENTS TO SECTION 2.06.01 OF THE
FRIDLEY CI'l�Y CHARTER
DATE: AUGUST 22,
At the July 22, 1996 meeti g of the Fridley City Council a public hearing was held
on amendments to Sectio 2.06.01 of the Fridley City Charter which have been
proposed by the Fridley ome Rule Charter Commission. Th� next step is to
submit the amendm�nts fo approval by ordinarice. '
Minnesota Statutes, Chapt r 410.12, Subd. 7. Amendment by ordinance begins as
follows: "Upon recomme dation of the charter commission the city council may
enact a charter amendmen by ordinance. Such an ordinance, if enacted, shall be
adopted by the council b an affirmative vote of all its members after a public
hearing upon two weeks' ublished notice containing the text of the proposed
amendment and shall be a proved by the mayor and published as in the case of
other ordinances." (Emph sis added.) , .
Subject to these considera
Fridley City Council for a
of August 26, 1996.
Attachment
c: Don Mittelstadt,
, I request that you present these amendments to the
reading of the amending ordinance at their meeting
irperson, Fridley Charter Commission
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 2.06.01 OF THE
FRIDLEY CITY CHARTER
The City Council of the City of Fridley does hereby ordain as
follows:
That the following sections of the Fridley City Charter be amended
as follows:
CHAPTER 2
CITY COUNCIL ORGANIZATION
Section 2.06. VACANCIES IN THE COUNCIL.
1. A vacancy in the Council shall be deemed to exist in case of
the failure of any person elected thereto to qualify on or
before the date of the second regular meeting of the new
Council, or by reason of the death, resignation, removal from
office, removal from the Gity, removal of a ward councilmember
from that ward, continuous absence from the City for more than
three (3) months, or conv�.ction of a felony of any such person
whether before or after their qualification, or by reason of
the failure of any councilmefiber to perform
any of the duties of inembership in.the Council for a period
of three (3) months. In each such case, within thirty (30)
days the Council shall by resolution declare a vacancy to
exist.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1996.
ATTEST:
WILLIAM J. NEE - MAYOR
WILLIAM A. CHAMPA - CITY CLERK
Public Hearing: July 22, 1996
First Reading:
Second Reading:;.
Publication:
19.02
TO:
FROM:
WILLIAM W. BURNS, CITY MANAGER��� ���►,,C-
�
WILLIAM A. HAMPA, CITY CHARTER STAFF LIAISON
SUBJEC�: FIRST READ
FRIDLEY CI7
DATE: AUGUST 22,
G OF AMENDMENTS TO CHAPTER 3 OF THE
CHARTER
At the July 22, 1996 meeti g of the Fridley City Council a public hearing was held
on amendments to Chapter 3 of the Fridley City Charter which have been proposed
by the Fridley Home Rule Charter Commission. The next step is to submit the
amendments for approval y ordinance. •
Minnesota Statutes, Chapt�
follows: "Upon recommen
enact a charter amendmen
adopted by the council �
hearing upon two weeks'
amendment and shall be a
other ordinances." (Emuh;
r 410.12, Subd. 7. Amendment by ordinance begins as
lation of the charter comm.ission the city council may
by ordinance. Such an ordinance, if enacted, shall be
an affirma�tive vote of all its members after a public .
�ublished notice containing the te�rt of the proposed
proved by the mayor and published as in the case of
�is added.) �
Subject to these considerati ns, I request that you present these amendments to the
Fridley City Council for a rst reading of the amending ordinance at their meeting
of August 26, 1996:
Attachment
c: Don Mittelstadt, Ch�irperson, Fridley Charter Commission
2�.� �
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 3
OF THE FRIDLEY CITY CHARTER
The City Council of the City of Fridley does hereby ordain as
follows:
That the following sections of the Fridley City Charter be amended
as follows:
CHAPTER 3
PROCEDURE OF COUNCIL
Section 3.01. COUNCIL MEETINGS.
1.
� .
"�-'-�-T�i��-; The Council shall hold the first regular meetinq
of the year on or before the ninth day of January. At this
meetina �e anv newly elected members of the Council shall
assume their duties. Thereafter, the Council shall ��-��
►
�w.... ..�...,, _...,.... ..� .. �,.. ..�. ,� .��..
----j @�2RE 2i6�E89—�z:azr azz�-�r�zr-u�vn-arsr
hold reaular meetings at a fixed time at least` once each month
as prescribed by resolution. A regular meeting is one that
is scheduled by resolution, at which formal action is taken
and for which minutes are recorded.
2. A sAecial meetinq of the Council may be called as needed by
�the Mayor OY' any }�� __ " � tW0 � Z i _.._-''=_ _ =f tho r^*4:?:.� � ... "
�-i `^l
ee�-�gs e�t-�i�� ^-•----" Councilmembers upon
compliance with the notification requirements in Minnesota
statutes and upon at least twelve (12) hours' notice to each
member of the Council. Such notice s�� must be a�„-,�v�a
communicated personally to each member or pe—�e`�—aL t-�
� �ae�e-e` -- ��a--�� �.�'-'� to a person of suitable
age and discretion �e� residing '--��i at the member's usual
'� L..... {-L. C L. .. l l L... F�
place of residence, or ��n notice �ree=-sr���e-�
���•�a '-���� of the meeting must be transmitted to the member's
residence. The presence of any member of the Council at a
special meeting shall constitute a waiver of any formal notice
unless the member appears for the spe�ei-a-� purpose of obj ecting
to the holding of s�te� the meeting. Formal action is taken
at a special meeting, and minutes are recorded. m'-� ^�••-�"
���t-�e--���e-�a�rc e-e-€-ab �-e��e�.-=-T
2�.�2
�I
3.
4.
tt
All meetings of 1
s�ecified bv law
reasonable times
federal law. �
{-�}�� ( Re f .
Section 3.02.
The Council shall
Secretary shall #ee}� p:
The Secretary shall al;
s�e� other duties as m
the Council. The Counc
the City, except the �
act as Secretary of tY
e Council shall be public unless otherwise
��Any person shall have access to �
� minutes a� or records '��= at all
unless access is restricted by state or
Special Election 4/12/60, Ord. 857)
OF COUNCIL.
se a Secretary �a-s�e�ro-t�r�� �F�' � "a
�ee�es�sa� to serve at its meetings . The
epare the journai of minutes of proceedings_
o prepare ---�� other records and perform
,y be required by this Charter or by vote of
.l may designate any official or employee of
ity Manager or a member of the Council, to
: Council.
Section 3.03. RUL�S CjF QUORUM AND PROCEDURE .
'' �Councilmembers s�� constitute a quorum to
do business, but a le ser number may adjourn from time to time.
The Council shall dete�nine its own rules and order of business and
shalZ keep a journal qf its proceedings.
Section 3.04. ORDI
Except as otherwise prc
be by ordinance. Ever�
in writing and read
administrative busines
the vote on ordinances
shall be recorded un
� members of the C
all ordinances, �
provided in this C
ma�oritv vote of the
Section 3.05. PROCE
The enacting clause of
be in the words, "Tt
ordinance other than e�r
readings in full��
between the first re
, RESOLUTIONS AND MOTIONS.
�ided in this Charter, all legislation shall
ordinance and resolution shall be presented
in full at a Council meeting. All
may be transacted by ordinary motion. Upon
motions, and resolutions the ayes and noes
ess the vote is declared unanimous. �
�e An affirmative vote of at least three
cil s`���'��e is required for the passage of
}s, ��a -esa���e�rs except as otherwise
ter. Resolutions and motions require a
ON ORDINANCES.
all ordinances passed by the Council shall
e City of Fridley does ordain." Every
ergency ordinances shall have two (2) public
with at least seven (7) days s'���TP-7=��se
�ding and the second reading. � Any
20.03
legislation prescribing a penalty for its violation }���oz shall
be enacted in the form of an ordinance�.
Section 3.06. EMERGENCY ORDINANCES.
l. An emergency ordinance is an ordinance necessary for the
immediate preservation of the public peace, health, morals,
safety or welfare in which the emergency is defined and
declared, and which is passed by a vote of at least
three (3) members of the Council, as recorded by ayes and
noes.
���—t-� �e��-a�r���� ee�--��3-��e�-��-,i-es s—�re
� , e�'-�e�a-t-}��-e��g e��-�o�e3-a��e�--t-�e�ee=-e�a�
2. No person(s), firm or corporation charaed with violation of
the emeraency ordinance shall be �rosecuted unless•
a1� the person(s), firm or corporation has had notice of the
� passage of the ordinance; or � �
,b� the ordinance has been filed with the City Clerk posted
in three conspicuous places in the City, and twenty-four
(24) hours after the filing and postincr have elapsed; or
c� the ordinance has been published.
3. No grant of any franchise shall ever be made by an emergency
ordiriance. �
Section 3.07. SIGNING, PUBLICATION AND RETENTION OF ORDINANCES,
RESOLUTIONS AND MOTIONS.
1. Every ordinance passed by the Council shall be signed by the
Mayor, or by three (3) other members of the Council, and
attested by the City Clerk, published and recorded.
2. Every ordinance shall be pubiished at least once in the
official newspaper of the City. If the publication of the
title and a summary description of an ordinance clearly
informs the public of its intents and effect, the Council may
by €a�--{-�} three (3) affirmative votes of its members direct
the City Manager to publish only the title of the ordinance
together with a summary, with an added notice that a printed
copy of the ordinance is available for inspection by any
person during regular office hours at the office of the City
Clerk and at any other location designated by the Council.
Prior to the publication of the title and summary, the Council
�'•I1�iZ]
shall approve a
public of the
publishing of th
all legal requi
���.
ext of the summary that clearly informs the
ntent and effect of the ordinance. The
title and summary shall be deemed to fulfill
r€—��re—e��e--e��a�e-e--na-�'��r
�ments �-.�—
3. Every ordinance hall be recorded in its entirety by the City
Clerk in a book k pt for that purpose, within twenty (20) days
after publicatio of the ordinance or of its title and
summary. Proof f the publication shall be attached to and
filed with the o dinance.
4. Al1 resolutions nd motions duly passed at each meeting of
the Council may, at the discretion of the Council, be
published in fu11 or in part in the official newspaper of the
City. In the ase of partial publication, it shall be
indicated in wha respect they are incomplete.
5. Any administrati�
State of Minneso
State of Minneso
regulations pre
circulation and
ordinance by ref
a
��t it for refez
Clerk. The pubi:
as fully satisf�
material had bee
Ord. 767, Ord. 7
Section 3.08. WiiEN
Emergency ordinances,
Chapter, and ordinan�
money, determining t
improvements and asse
their passage. � E
s-�ra3-� takes effect fi
publication, unless a
A3-� resolution� s��
Section 3.09.
No ordinance or secti
or repealed except by
refer to the ordinan
section number or :
ordinance shall be
�� The amending
or subsection as
requirement shall
e rule or regulation of any department of the
.a affecting the City or any statute of the
a, or any published code, specifications'or
�ared by an organization for general
ase may be adopted and incorporated in an
:rence `-«a and by marking
copv of it as "official cop�y" and filing
:nce and inspection in the office of the City
�ation requirements of this Charter shall be
�d �.-�—s�--�-e�a�ses by this method as if the
set forth in the ordinance in full. (Ref.
0)
AND RESOLUTIONS TAKE EFFECT.
except as provided in Section 3.06 of this
es making the annual tax levy, disbursing
ie annual budget and providing for local
:sments��= take effect immediately upon
ery other ordinance� enacted by the Council
'teen (15) days after the date of �� its
Later effective date is fixed ��� in it.
takes effect upon �e� its passage.
AND REPEAL OF ORDINANCES.
�n ��� of an ordinance shall be amended
ordinance. Every repealing ordinance shall
:e repealed by title, date of passage and
ers. No ordinance or section ���� of an
am nded by reference to its title alone,—_ �
ord nance shall set forth in full each section
not
�nded, , , �This
apply to amendments to zoning ordinances.
2�.� 'S
Section 3.10. �d�Sz�'.�n CODIFICATION OF ORDINANCES.
The ordinances of the City sha11L
�-�a���-e�e�rr�—�l���e~��a at intervals �-�r���of not more
than five (5) years, be i-��=s��; rearranged and codified with such
additions and deletions as may be deemed necessary by the Council.
� The codification shall be published in book or continuously
revised loose-leaf form or stored by electronic means such as a
computer. a�-eCopies ���r of the Code of CitY Ordinances or
any portion of it shall be made available by the Council at the
office of the City Clerk for general distribution to the public at
a reasonable charge.
Each copv shall contain a printed certificate ,
attested to by the City Clerk, that the publication is correct�, and
••�'� ���'� each cot�v so published shall be received in evidence in
all courts for the purpose of providing the ordinances �`��n
contained in it, the same as �etr�} if the original ordinances were
produced in court.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1996.
ATTEST:
WILLIAM J. NEE - MAYOR
WILLIAM A. CHAMPA - CITY CLERK
Public Hearing: July 22, 1996
First Reading:
Second Reading:
Publication:
2�.�6
TO:
I�
W. BURNS, CITY MANAGER��r
FROM: RICHAI�D D. PRIBYL, FINANCE DIRECTOR
SUBJECT: RESOL�JTION APPROVING A$1,500,000 LOAN TO THE HRA
DATE: August 2�2, 1996
Attached you will find the r lution from our Attorney providing the legal authority for the
loan from the City to the H . This resolution provides the legislation required for the
loan from the City to the H . As you will recall, at the last Council meeting Grant
Fernelius furnished an ove 'ew of the need for a revolving loan program for housing
rehabilitation funded by this oan.
I have attached Grant's ou ' to this memo as a resource, in case there are any questions
that relate to the issue of the revolving loan program.
The resolution provides a$1, OO,OOO loan to HRA. This loan will be treated as a General
ObIigation Note of the HRA or a terni of 15 years at 5% interest.
At the next HRA meeting an her resolution will be required authorizing the issuance, and
providing for the repayment f the note.
RDP/me
Attachment
21.01
RESOLUTION NO. — 1996
A RESOLUTION APPROVING A$1,500,000 LOAN TO
THE HOUSING AND REDEVELOPMENT AIITHORITY IN AND
FOR TH� CITY OF FRIDLEY
BE IT RESOLVED by the City Council (the "Council") of the City of
Fridley, Minnesota (the "City") as follows:
Section 1. Recitals.
1.01. Minnesota Statutes, Section 469.041 provides that a
City may make loans to its housing and redevelopment
authority for redevelopment projects.
1.02. The Housing and Redevelopment Authority in and for the
City of Fridley {the "Authority") has requested that
the City loan the Authority the sum of $1,500,000 to
defray certain redevelopment costs.
Section 2. Approval and Authorization.
2.01. A Loan ta the Authority in the amount of $1,500,000 is
hereby approved. The City's Finance Officer is hereby
authorized to loan and shall loan to the Authority, on
or before February 1, 1997, the sum of $1,500,000 upon
receipt of the Authority's executed and registered �
General Obligation Tax Increment Note (Series 1997)
(the "Note") attached to this Resolution as Exhibit A. .
The loan is to be repaid in accordance with the terms
described.in the Note.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 199 .
WILLIAM J. NEE - MAYOR
ATTEST:
WILLIAM A. CHAMPA - CITY CLERK
21.�2
EXHIBIT A
��
$1,500,Q00
ITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
HOUSIN AND REDEVELOPMENT AUTHORITY
In and For
THE CITY OF FRIDLEY
The Housing and
Fridley, Minnesota {t
be indebted and, for
of the City of Fridle
registered assigns (t
extent and in the man
of this Note, being O
($1,500,000.00} (the•
thereon from February
the dates {the "Sched
Schedule attached as
thereon (the "Schedul
semiannual installmen
lst day of February a:
February 1, 2012.
(SERIES 1997)
.ed�velopment Authority in and for the City of
.e "Authority"), hereby acknowledges itself to
�alue received, promises to pay to the order
�, Minnesota, a municipal corporation, or its
.e "Owner") solely from the source, to the
er hereinafter provided, the principal amount
e Million Five Hundred Thousand Doll�rs
Principal Amount"), together with interest
1, 1997 at a rate of five percent (5.0%), on
led Payment Dates") set forth on the Payment
xhibit A hereto and in the amounts stated
d Payments"). This note shall be payable in
s commencing on August 1, 1997, and on the
d August thereafter until and including
Upon 30 days' pr or written notice from the Authority to the
Owner, the Principal ount is subject to prepayment at the option
of the Authority in w ole or in part on any Scheduled Payment Date.
Each payment on his Note is payable in any coin or currency
of the United States f America which on the date of such payment
is legal tender for p blic and private debts and shall be made by
check or draft made p yable to the Registered Owner and mailed to
the Registered Owner t its postal address within the United States
which shall be design ted from time to time by the Registered
Owner.
The Note is a ge eral obligation of the Authority, which has
been issued by the Au hority pursuant to and in full conformity
with the Constitution and laws of the State of Minnesota, including
Minnesota Statutes, S ction 469.178, Subdivision 3, to aid in
financing a"project", as therein defined, of the Authority
consisting generally f defraying certain public redevelopment
costs incurred and to be incurred by the Authority within and for
the benefit of its Re evelopment Project No. 1(the "Program").
21.03
The Note is not a general obligation of the City of Fridley,
Minnesota (the "City") or the State of Minnesota (the "State"), and
neither the City, the State nor any political subdivision thereof
shall be liable on the Note, nor shall the Note be payable out of
any funds or properties other than funds and property of the
Authority and from tax increment resulting from increases in
taxable valuation of real property in the Authority's Tax Increment
Financing Districts as set forth in the Resolution, authorizing the
issuance of the Note, to which reference is made for a full
statement of rights and powers thereby confined.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions,
and things required by the Constitution and laws of the State of
Minnesota to be done, to have happened, and to be performed
precedent to and in the issuance of this Note have been done, have
happened, and have been performed in regular and due form, time,
and manner as required by law; and that this Note, together with
all other indebtedness of the Authority outstanding on the date
hereof and on the date of its actual issuance and delivery, does
not cause the indebtedness of the Authority to exceed any
constitutional or statutory limitation thereon.
IN WITNESS WHEREOF, the Authority has caused this Note to be
executed by the manual signatures of its Chairman and Executive
Director and has caused this Note ta be dated , 199
Chairman
Executive Direetor
This instrument was drafted by:
Casserly Law Office, P.A.
Suite 1100 Southpoint Office Center
1650 West 82nd Street
Minneapolis, MN 55431
21.04
It is hereby cerl
issued on
the name of the City <
and that, at the requE
undersigned has this c
interest on the Note :
registration blank be:
such purposes.
Name of
Registered Owner
City of Fridley,
Minnesota
ified that the foregoing Note, as originally
, 199 , was on said date registered in
f Fridley, a Minnesota municipal corporation,
st of said Owner of this Note, the
ay registered this Note as to principal and
n the name of such Owner, as indicated in the
ow, on the books kept by the undersigned for
Date of
Registration
21.05
, 199,
Signature of
Executive Director
EXHIBIT A
PAYMENT SCHEDULE
SCHEDULED PAYMENT DATES
August l, 1997
February I, 1998
August l, 1998
February l, 1999
August 1, '1999
February 1, 2000
August 1, 2000
February 1, 2001
August 1, 2001
February 1, 2002
August 1, 2002
February 1, 2003
August l, 2003
February 1, 2004
August 1, 2004
February 1, 2005
August 1, 2005
February l, 2006
August 1, 2006
February 1, 2007
August 1, 200'�
February 1, 2008
August l, 2008
February 1, 2009
�,ugust l, 2009
February 1, 2010
August l, 2010
February 1, 2011
August 1, 2011
February 1, 2012
21.06
SCHEDULED PAYMENTS
$71,666.46
71,666.46
71,666.46
71,666.46
72, 666.46
71,666.46
71,666.46
71,666.46
71,666.46
71,666.46
71,666.46
71,666.46
71,666.46
71,666.46
71,666.46
71,666.46
71,666.4Fi
�1,666.46
71,666.46
71,66b.46
71,666.46
71,666.46
71,b66.46
71,666.46
71,666.46
71,666.46
71,666.46
71,666.46
71,666.46
71,666.46
1.
2.
*
OAN AGREEMENT
CITY OF FRIDLEY TO FRIDLEY HRA
Provide initial capita! for revolving loan
progra which will fund single family
housinq rehabilitation.
* Loan ar�ount is $1.5 rr�i�l�on
� 5% inte est rate
* 15 year term
* Repaid
Loar� must b
the Council.
3. H RA at its �
consider a
million loan
pledge its r
loan.
via tax levy.
e approved by a majoritjr vote of
ptember 12, 1996 meeting will
solution to formally approve $1.5
ote/agreement with City and also
�enues for repayment of the City's
21.07
Loan Ag reem ent with H RA - Pag e 2
4. Need for Revolvina Loan Proaram
o--
a) Age and Condition of Housing 5'I�ock
Age of House Units %
27 - 36 years
37 - 46 years
47 - 56 years
2, 774
3, 954
550
7,278
24%
34%
4%
62%
1994 housing condition study indicated that
there are approx. 900 homes requiring
some form of repair
b� Meeting OUeeds of an Unserved Market
HRA's programs focus on households
which are unable to qualify for other private
financing. �
- Higher debt load
- Lack of equity
21.08
Loan Agreement with HF�A - Page 3
c) /nsuffici�nt Federal Funding
Federal funds are insufficient to meet needs
and gre ter competition at State and
County evel for funds. Shows
commit ent to local housing needs.
5. Financial A�
a) Proacti�
� Means
today r�
futu re.
b) HRA Fu
HRA fun
years d �
Levy allc
loans ov
Response
f addressin� housing condit�ons
rher than responding to crisis in the
Ba/ances
� balances will decline over next 15
e to other development activities.
ws H RA to m ake 750+ (p ro jected )
er 20 years.
21.09
Loan Agreement with HRA - Page 4
�
7.
HRA Recommendation
At its June 13, 1996 meeting, the HRA
gave conceptual approval of the City loan
proposai.
At its July 11, 1996 meeting
the Revolving Loan Program
the City loan documents.
Staff Recommendation
the HRA authorized
and execution of
Approve the loan agreement a� prepared by the
City Aito rn ey. �
27.10
�
L
� oF
FRIDLEY
FRI
sN
Y CITY COUNCIL MEETING OF
AUGUST 26,1996
c sfAfus R�aRfs
22.0 �