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11/18/1991 - 5116� FRIDLEY CITY COIINCII, TING c�nror F�a� ATTENDENCE SHEET Monday, November 18, 1991 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) .'.t� c� � o � �� p� � � 0 /�l�p c.J , � lC ,�s�, % i'��,e� �IP: N ADDRESS � / a /�''l / .f S /-S � f�i :h / S7 � 6 6 r� c��.e-� 6�t/ /ilc� (�'(� ►� ��ti rn� L�9 V�� 11 � ; 2%l %�� ✓�v��v ��✓ /�l- L � �/� �l � a[l��r i�lit ��c d5J , i� 3S� " ' _L� r� � S�c' f��'J�,��'l'/��4 i�, Sv t j�i� U�.v�i�o � �j v � � �"�e�� `�� I ,l�i l.sf9�ic/ �� . �� ITEM NUMBER � �-, Z 3 I, a, 3 , , . r . ,. � —Z S ' S"� s�-s�ii 3 13 '_ FRIDLEY CITY COIINCIL �� NOVEMBER 18, 1991 PLEDG$ OF ALLI:GIANCE: PRl�BENTATION: Donation from the Fridley Jaycees to the Fridley Fire Department APPROPAL OF MINOTESS City Council Meeting of November 4, 1991 Special City Council Meeting of November 12, 1991 ADOPTION OF AGLNDA: OPLN FORIIM. VISITORSi (Consideration of items not on agenda - 15 minutes) PIIBLIC HEARING: Adoption of the 1992 City of _ Fridley Budget; and, To Levy a Tax Which Appears to be in Excess of 16 Mills . . . . . . . . . . . . . . . Z - 1E NEW BIISINESB: Resolution Adopting a Budget for the Fiscal Year 1992 . . . . . . . . . . . . . . . 2 - 2B i.,.. ,. . .. -.. ... ..... . . .. . . : . ....... . . . . .. . i COIINCIL NRW BDSINE88 (CONTINiTED): Resolution Declaring the Necessity to Levy a Tax Which Appears to be in Excess of 16 Mills and Certifying Tax Levy Requirements for 1992 to the County of Anoka for Collection . . . . . . . . . . . . . . . . . . . . . . 3 - 3B PQBLIC HLARING: u Submittal of Economic Recovery Grant Application for McGlynn Bakeries, Inc. . . . . . . . . . . . . . . . . . . . . 4 Issuance of On-Sale Liquor License to GBN, Inc. for the " Property Located at 3720 East River Road . . . . . . . . . . . . . . . . . . . . . . 5 - 5A OLD BIISINE88: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 101, Entitled "Animal Control" by Amending Sections 101.01.09, 101.04, 101.04.05, 101.04.08, 101.11, and Adding New Section 101.04.13 and Amending Chapter 205, Entitled "Zoning" by Amending Section 205.05.39 . . . . . . . . . . . . . . . . . . . 6 - 6C First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 602, Entitled "Beer Licensing," by Amending 602.09.01, Hours (Tabled 11/04/91) . . . . . . . . . . 7 - 7A , OLD BIISINE88 (CONTINOBD): First Readinq of an Ordinance Recodifying the Fridley City Code, Chapter 603, Entitled "Intoxicating Liquor,�� by Amending Section 603.11.01, Hours of Operation (Tabled 11/04/91) . . . . . . . . . . . . . . . . . . . . . . . 8 - 8A First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 606, Entitled "Intoxicating Liquor On-Sale Clubs" by Amending 606.11.01, Hours of Operation (Tabled 11/04/91) . . . . . . . . . . . . . . . . . . . . . . . 9 - 9A NEW BIISINESB: Resolution Calling for a Public Hearing on the Modification of the Redevelopment Plan for Redevelopment Project No. 1 to Reflect Increased Geographic Area and Increased Project Costs, the Modification of the Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 Through No. 11 to Reflect Increased Project Costs within Redevelopment Project No. 1, and the Establishment of Proposed Tax Increment Financing District No. 12 and the Approval and Adoption of the Proposed Tax Increment Financing Plan Relating Thereto . . . . . . . . . . . . . . . . . . . . . . . 10 - 10E , G17.'Y NLW BUSINE88 ICONTINULD): Resolution Authorizing Submittal of Economic Recovery Grant • Application for McGlynn Bakeries, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . 11 - 11A First Reading of an Ordinance Repealing Ordinance No. 974, Entitled "An Interim Ordinance Placing a Moratorium on the Issuance of Special Use Permits for Auto Body Repair Businesses and Prohibiting their Location Within the City While the Moratorium is in Effect" . . . . . . . . . . . . . . . 12 - 12A First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 601, Entitled "Municipal Operation of Liquor," Section 601.06, Holidays . . . . . . . . . . ... . . . 13- 13A Resolution in Support of a . Minnesota Lawful Gambling Application for Exemption from Lawful Gambling License to the Fridley Chamber of Commerce. . . . . . . . . . . . . . . . . . . . . . . 14 - 14C �xiu�s z NEW BU8INF88 (CONTINOED): Resolution in Support of an Application for a Minnesota Lawful Gambling Premise Permit to the Fridley Moose Lodge No. 38 . . . . . . . . . . . . . . . . . . . . . . . . 15 - 15C Receive the Minutes of the CATV Advisory Commission Me�eting of October 23 , 1991 . . . . . . . . . . . . . . . . . 16 - 16E Ex�tension of Variance, VAR #90-30, and Special Use Permit, SP #90-07, by Patrick and Rita Boyle, for Lot 1, Block 2, Sylvan Hills, Generally Located at 6261 Rainbow Drive N.E. . . . . . . . . . . 17 - 17C Re-Approval of Special Use Permit, SP #89-08, by ?57Q Inc., for a Repair Garage at 7570 Highway 65 N.E. . . . . . . . . . . . . 18 - 18F Approval of Lease Agreement with Anoka County Community Action Program for the Property Located at 7899 Broad Avenue N.E . . . . . . . . . . . . . . . . 19 - 19F f N8W BII8INS88 (CONTINTIED): Approval of Change Order No. 2, Skywood Lane Water Extension Project No. 220 . . . . . . . . . . . . . . . . . . . . 20 - 20B Receive Bids and Award Contract for the Emergency Repair of Well No. 5, Project No. 224 . . . . . . . . . . . . . 21 - 21A Informal Status Reports . . . . . . . . . . . . . . . . 22 Claims. . . . . . . . . . . . . . . . . . . . . . . . 23 Licenses . . . . . . . . . . . . . . . . . . . . . . . 24 - 24A Estimates . . . . . . . . . . . . . . . . . . . . . . . 25 - 25G ADJOIIRN: THE MINQTES OF TH$ REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF NOVEMBER 4, 1991 The Regular Meeting of the Fridley City Council was called to order at 7:35 pm. by Mayor Pro Tem Schneider. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: Mayor Pro Jorgenson, Fitzpatrick Mayor Nee Tem Schneider, Councilwoman Councilman Billings and Councilman Mayor Pro Tem Schneider stated that Mayor Nee is in the hospital and has a bone spur in his larynx, which has caused him respiratory problems. He stated that it is anticipated he will be home shortly. PRESENTATION OF PROCLAMATION: NATIONAL COMMUNITY EDUCATION DAY - NOVEMBER 19 1991: Mayor Pro Tem Schneider read and issued a proclamation proclaiming November 19, 1991 as National Community Education Day. He called upon all aitizens to observe Community Education Day by recognizing and supporting the efforts of the schools to address the literacy needs. Ms. Schaub, Community Education Director, accepted this proclamation and stated that last year they had 334 students enrolled in Adult Basic Education and nine GED graduates. She stated that it was exciting to have literacy as this year's theme for Community Education Day. APPROVAL OF MINUTES: COUNCIL MEETING, OCTOBER 21, 1991: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Pro Tem Schneider stated staff has requested that an item be added as follows: (17) Set Public Hearing Pursuant to Economic FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 4, 1991 PAGE 2 Recovery Fund Application to the Minnesota Department of Trade and Economic Development for Purposes of Assisting McGlynn Bakeries with the Redevelopment of the former Totino Pizza Manufacturing Facility. MOTION by Councilman Billings to adopt the agenda with the above addition. Seconded by Councilman Fitzpatrick. Upon a voice vote; all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: SNOW EMERGENCY• Councilman Schneider stated that he wished to commend the Public Works Director, John Flora, on the excellent job of handling the snow emergency. Mr. Flora, Public Works Director, stated that the credit goes to Ralph Volkman, Jim Bates, and all the personnel in the Public Works Department. He stated that t�e crews went out for nineteen hours Friday and plowed every street in the City and then ten hours later went out and opened all the intersections. He stated it is hoped that the intersections can now be widened to c2ear the sight lines. NATIONAL NIGHT OUT AWARD: Mr. HiZl, Public Safety Director, stated that today the City received an award he felt should be brought to Council's attention. He stated that the City held a National Night Out, which was a tremendous success with about 3,000 citizens participating, involving 63 organized neighborhoods and 119 block captains. He stated that this would not have been a success without all the support of the civic organizations and members of Council who have, at one time or another, participated in National Night Out. Mr. Hill stated that there is national competition, which requires some significant planning and rigid reporting, and cities are judged on the level and nature of participation. He stated that Fridley has received a plaque for the National Award for National Night Out. He stated that several of these awards are given out in the country, with 30 competing in Fridley's category, and Fridley and Richfield were the recipients in Minnesota. He stated that he wished to share this information and award with Council as they were part of the success of this program. Mayor Pro Tem Schneider stated that it is a tribute to the Police Department, as well as the block captains and residents,.who._take such an active role in crime prevention. FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 4, 1991 PAGE_3 OLD BUSINESS• 1. RESOLUTION NO. 84-1991 DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS• MOTION by Councilwoman Jorgenson to adopt Resolution No. 84-1991. Seconded by Councilman Fitzpatrick. Councilman Billings asked if staff coordinated this calendar with legal and religious holidays. He stated that last year there were some conflicts. Mr. Burns, City Manager, stated that he was not sure if this had been done but would check further. Mayor Pro Tem Schneider suggested that the resolution be adopted and for staff to determine if there are any conflicts. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. NEW BUSINESS• 2. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 101 ENTITLED "ANIMAL CONTROL" BY AMENDING SECTIONS 101.01.09, 101.04, 101.04.05, 101.04.08. 101.11, AND ADDING NEW SECTION 101.04.13 AND AMENDING CHAPTER 205. ENTITLED "ZONING" BY AMENDING SECTION 205.03.39: Mr. Hill, Public Safety Director, stated that this is both an amendment to the Zoning Ordinance, as well as to the Animal Control Ordinance. He stated that public hearings were held before the Planning Commission and City Council on the proposed amendments. Mr. Hill stated that the ordinance amendments came about over a variety of issues pertaining to various sections of the Animal Control Ordinance. He stated that one change in the Zoning Ordinance, as well as in the Animal Control Ordinance, is changing the definition of a kennel to allow three, rather than two animals. He stated that in checking with other cities it was found that Fridley was one of the most restrictive in this area. Mr. Hill stated that another issue was the language on barking dogs, which was too vague and probably would be unenforceable. He stated that this is based on a recent Edina case before the Minnesota Court of Appeals where their ordinance contained much the same language as Fridley's. He stated that it is suggested the language be changed to make it more enforceable. Mr. Hill stated that another proposed change is recommended by the Parks and Recreation Commission regarding animals in parks and on beaches. He stated that there is a small section in the Park FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 4. 1991 PAGE 4 Ordinance which relates to animals in parks, but it was felt this should be contained in the Animal Control Ordinance. He stated that it is also recommended that animals be prohibited in Community Park due to citizen complains about animals barking or snapping at children. He stated that the exception would be seeing eye dogs, which are covered in the State statute and are allowed in any public place. Mr. Hill stated it is also proposed that vicious animals be prohibited within the City limits and that the code be amended accordingly. MOTION by Councilman Fitzpatrick to waive the reading and apprave the ordinance upon first reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 3. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY. MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING RE4UEST. ZOA #91-02, BY TOM BRICKNER}: Mr. Burns, City Manager, stated that this is a request by Mr. Tom Brickner to rezone property at 6450 Central Avenue from C-1 and C-2 to R-3 to allow the construction of an apartment complex. He stated that the petitioner proposes to construct a 48-unit apartment complex containing 12-one bedroom units and 36-two bedroom units. He stated that the building would be three stories high with above and below ground parking. Mr. Burns stated that Mr. Brickner has agreed to sign several deed restrictions to prohibit outdoor sheds, swimming pools and limit the number of persons per unit. .� Mr. Burns stated that the project is consistent with the intent of the R-3 zoning and meets requirements for lot size, setbacks, and parking. He stated°that a landscaping plan will be required, and the petitioner will be asked to save as many trees as possible in order to provide screening for the residential properties to the west. He stated that drainage would be to the northwest corner, and water would flow in the existing ditch along the west property line to a series of pipes and to Moore Lake. Mr. Burns stated that the north driveway would be combined with the south driveway of Sandee's Restaurant. He'stated that staff has a concern about the scale of this building and the mixed land use on Old Central Avenue, but it is generally felt the project would have less of an impact than other proj ects that are consistent with the present zoning. He stated that it is recommended this rezoning be approved with eight stipulations, which he outlined. Ms. Schwartz, 1372 - 64th Avenue, stated that she owns residential property in Minneapolis and recently received a letter that they are considering eliminating R-3 zoning. She stated that what they FRIDL$Y CITY COIINCIL MEETING OF NOVEMBER �, 1991 PAGB 5 are proposing is that this zoning be changed in accordance with the zoning of surrounding property. She suggested that the City may wish to contact Dale Pollock at 673-2353 regarding Minneapolis' plans. She stated that Fridley has a high�r vacancy rate than Minneapolis, and perhaps it may be in line for the City to consider eliminating the R-3 zoning. MOTION by Councilman Billings to concur with the recommendation of the Planning Commission and deny Rezoning Request, ZO�, #91-02. Seconded by Councilwoman Jorgenson. Mayor Pro Tem Schneider stated that he felt Mr. Brickner's proposal was excellent as far as the apartment complex. He stated that there is no question there is a significant need for this type of housing, as there is a shortage of quality housing for those who are retiring or '"empty nesters." He stated, however, that people purchase property based on surrounding zoning and felt a rezoning has to have the support of the neighborhood. He stated that based on the City's study of this area, he would conclude this is a spot rezoning. He stated that he would like to see this building constructed and would like staff to work with Mr. Brickner to see if there is another suitable location in the City to construct this � apartment. Councilman Billings stated that he concurs with Mayor Pro Tem Schneider's comments. He stated that this site is in the midst of an area that has commercial zoning on each side and did not feel it was appropriate to rezone it to R-3. Councilman Billings stated he felt that spot rezoning was a very rare exception. He requested that City staff work with Mr. Brickner to try to find a location in the City to construct this apartment complex, as he felt there was a need. Councilwoman Jorgenson stated that the apartment complex is designed beautifully and hoped Mr. Brickner could �ind another location in the City. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. 4. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 603 ENTITLED "INTOXICATING LI UOR " BY NDING SECTION 603.11.01, HOURS OF OPERATION: 5. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDI,EY CITY CODE CHAPTER 606 ENTITLED "INTOXICATING LI4UOR ON-SALE CLUBS " BY AMENDING 606.11.01, HOURS OF OPERATION: " 6. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 602 ENTITLED "BEER LICENSTNG," BY AMENDING 602.09.01. HOURS: Mr. Pribyl, Finance Director, stated that the changes covered in Items 4, 5, and 6 are the hours of operation contained in the State FRIDLEY CITY COIINCIL MEETTNG OF NOVEMBER 4. 1991 PAGE 6 statute. He stated that these changes would modify the City's code to reference the State statute so as hours are modified, the City need not make changes to the code. He stated that the legislature had changed the restrictions on holidays, which had never been implemented in the City Code. MOTION by Councilman Fitzpatrick to waive the reading and approve the above three ordinances, Items 4, 5, and 6, upon first reading. Seconded by Councilman BiZlings. Councilman Billings stated that he would like to table these items, as he would like additional time to consider these changes. He stated that he realizes the City ordinances cannot be less restrictive than the State, but it does allow them to be more restrictive. MOTION by Councilman Billings to table Items 4, 5 and 6. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson stated that she has difficulty with keeping bars open until 1:30 in the morning. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Billings, Councilwoman.Jorgenson, and Councilman Fitzpatrick voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Pro Tem Schneider declared the motion to table carried by a 3 to 1 vote. Mr. Hill, Public Safety Director, stated that there was a question raised if a restaurant could sell liquor on holidays. He stated that it appears the ordinance is confusing as written. He stated the interpretation is that they could not sell liquor after 8 p.m. on holidays. He stated that it was not clear if the language for off-sale was intended for on-sale. He stated that there is no desire to change the hours of operation or to be as liberal as the State statute. Councilman Billings stated that if the State were to change the hours the City could have a problem if the State statute was adopted by reference, as it may be not what the City wants. Mayor Pro Tem Schneider asked that staff clarify the language. 7. RESOLUTION NO. 85-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE FRIDLEY V.F.W. POST 363• MOTION by Councilman Fitzpatrick to adopt Resolution No. 85-1991: Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 4, 1991 PAG$ 7 8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 16, 1991: A. RESOLUTION NO. 86-1991 REGARDING REVIEW OF THE NORTHEAST CORRIDOR LIGHT RAIL TRANSIT SYSTEM PRELIMINARY DESIGN PLANS: Mr. Burns, City Manager, stated that this resolution addresses Council's response and concerns relating to the preliminary design plans of the Light Rai1 Transit System. He stated that the resolution approves the preliminary design plans, subject to the provision of access to the Fridley Fire and Police stations that is equal or greater than the existing access. He stated that this resolution also contains seven additional stipulations of concern to the City and problems and conflicts identified in Exhibit A of the resolution. MOTION by Councilman Billings to adopt Resolution No. 86-1991. Seconded by Councilwoman Jorgenson. Councilman Billings stated that public hearings were held on the preliminary design plans for the Light Rail Transit System as requested by the State statute. He stated that the City must either approve or disapprove the preliminary design plans, as specified by the State statute. Councilman Billings stated that throughout the planning process, the City has had sta.ff inembers attending meetings, has had staff on a Technical Advisory Committee to�the Anoka and Hennepin County Railroad Authority, and he was a member of an Intergovernmental Advisory Committee for the Light Rail Transit System. He stated that the City has never taken a position as to whether or not Light Rail Transit is an appropriate means of mass transit. Councilman Billings stated .that the City has addressed the preliminary design plans that have been prepared by the Railroad Authority's staff and consultants. He stated that it was not until these plans were received and actual dimensions noted that the City realized their worst fears. He stated that if the Light Rail Transit System is built according to the preliminary design plans, it would have a significant negative impact on the City's Fire Department to ingress and egress the existing facilities. Councilman Billings stated that it is being recommended to the Railroad Authority that the only real option to minimize the inconvenience to the Fire Department is to create a tunnel underneath Mississippi Street adjacent to City Hall, if the Light Rail Transit System does proceed. Councilman Billings stated that the City is required to approve or disapprove the preliminary design plans and this resolution approves the plan provided adequate access is provided to the City's Fire Department. He stated over fifty percent of the City's FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 4. 1991 PAQE 8 budget is spent on Police, Fire, and Civil Defense and to in�tall a Light Rail Transit System that, in any way, has a negative impact on these services would have a tremendous impact on the City as a whole. Councilwoman Jorgenson stated that the resolution does address these issues which Councilman Billings has raised. She stated that she has concern about the impact on the Fire and Police vehicles and feels this has been adequately addressed in the resolution to the Anoka County Railroad Authority. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTiON, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. Councilman Billings requested a cover letter indicating Council's concerns be sent with this resolution. Iie stated it should be noted that the Railroad Authority is more than welcome to review the films or videos on how this would impact the City. He stated that he wanted to make sure the County understands these concerns are not something the City came up with at the last minute. He stated that Council had been told their fears were exaggerated, but after reviewing the plans, it was found they were valid. MOTION by Councilman Billings to receive the minutes of the Planning Commission Meeting of October 16, 1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 9. APPROVAL OF CHANGE ORDER NO. 5, STREET IMPROVEMENT PROJECT NO. ST. 1991 - 1 & 2• - Mr. Flora, Public Works Director, stated that this change order covers the paving of the drive and parking area at the Recycling Center, be added to Street Improvement Project No. ST. 1991 - 1& 2 for $5,237.50. He stated that this is within the contract modification amounts allowed, and there would be a formal adjustment of funds at a later date. MOTION by Councilman Fitzpatrick to approve Change Order No. 5 to Street Improvement Project No. ST. 1991 - 1& 2 with W. B. Miller, Inc. in the amount of $5,237.50. Seconded by Counciiwoman Jorgenson. Councilman Billings stated that he felt this was a dangerous precedent to add projects without going through the process for capital improvements. He stated that the likelihood of the paving being accomplished this fall i�.slight, and he would move to table to consider this item in the capital improvements process. MOTION by Councilman Billings to table this item. MOTION FAILED FOR LACK OF A SECOND. FRIDLLY CITY COUNCIL MEETING OF NOVEMBBR 4, 1991 PAGL 9 UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, Councilman Fitzpatrick, Councilwoman Jorgenson, and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings voted against the motion. Mr. Herrick, City Attorney, stated that since this was a motion to expend funds he believed it required four affirmative votes. MAYOR PRO TEM SCHNEIDER DECLARED THE ABOVE MOTION FAILED BY A 3 TO 1 VOTE. 10. RESOLUTION AUTHORIZING AN EXPENDITURE FROM THE EMERGENCY RESERVE TO DEVELOP LEGISLATION RELATING TO LOCAL POLICE AND FIRE PENSION FUNDS• Mr. Burns, City Manager, stated cities that have local police and fire pension funds and have been opposed to the thirteenth paycheck issue are suggesting legislation be introduced to change the actuarial assumptions on which the police and fire pension funds are released. He stated it is felt that with a change in asset assumptions, the value of the assets on paper would rise bringing them closer to the funding requirements and decreasing the amount of unfunded liability. He stated that as a result, the amount the City would be required to pay each year would be considerably lower. Mr. Burns stated that in order for the group to present a credible case to the Legislature, it would be.necessary to do some actuarial studies, and this would be the main cost to the group for promoting the legislation. He stated that the cost to the participating cities would be divided, and Fridley's share would be $1,500.00, if they wished to participate. He stated that at the present time, the City is required to pay about $40,000 per year into the police pension fund, and this would undoubtedly go down if the new assumptions were in place. MOTION by Councilman Billings to adopt this resolution authorizing an expenditure from the Emergency Reserve to develop legislation relating to local police and fire pension funds. MOTION FAILED FOR LACK OF A SECOND. 11. RESOLUTION NO. 87-1991 CERTIFYING CERTAIN DELINOUENT UTILITY SERVICES TO THE COUNTY AUDITOR FOR COLLECTIONS WITH THE 1992 TAXES• MOTION by Councilman Fitzpatrick to adopt Resolution No. 87-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Ten Schneider declared the motion carried unanimously. FRIDI,EY CITY COIINCIL MEETING OF NOVEMBER 4, 1991 PAGE 10 12. RESOLUTION NO. 88-1991 CERTIFYING CHARGES TO THE COUNTY AUDITOR TO BE LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECTION WITH �HE TAXES PAYABLE IN 1992 (WEEDS): MOTION by Councilman Fitzpatrick to adopt Resolution No. 88-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 13. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informai status reports. 14. CLAIMS• MOTION by Councilman Fitzpatrick to authorize payment of C1aim Nos. 40065 through 40266. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 15. LICENSES• � MOTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. MOTION by Councilman Billings to amend the motion by deleting the license for Daco, Inc. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilman Billings and Councilman Fitzpatrick voted in favor of the motion. Mayor Pro Tem Schneider and Councilwoman Jorgenson voted against the motion. Mayor Pro Tem Schneider declared the MOTION FAILED. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, Councilwoman Jorgenson, Councilman Fitzpatrick, and Mayor Pro Tem Schneider voted in favor of the motion. Councilman Billings voted against the motion. Mayor Pro Tem Schneider declared the MOTION CARRIED by a 3 to 1 vote. 16. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Dundee Nursery & Landscaping Co. 16800 Highway 55 Plymouth, MN 55446 Springbrook Nature Center Landscaping Project, 1991 � FINAL ESTIMATE . . . . . . . . . . . . . . $21,549.32 FRIDLEY CITY COIINCIL ME$TING OF NOVEMBER 4, 1991 PAGB 11 Barna, Guzy & Steffen, Ltd. 200 Coon Rapids Boulevard Suite 400 Coon Rapids, MN 55433 Services Rendered as City Attorney for the Month of September, 1991 ......$ 6,470.59 Rainbow, Inc. 7324 - 36th Avenue North Minneapolis, MN 55427 .5 MG Water Tank Painting/Altitude Valve & Vault Installation Project No. 212 Partial Estimate No. 3 . . . . . . . . . . . $62,566.62 HNTB 6700 France Avenue South Suite 260 Minneapolis, MN 55435 Inspection of the 1.5 MG Elevated Water Reservoir Project No. 202 Partial Estimate . . . . . . . . . . . . . . $ 831.65 Halvorson Construction 4227 - 165th Avenue N.E. Anoka, MN 55304 1991 Miscellaneous Concrete Curb, Gutter and Sidewalk Project Estimate No. 5 . . . . . . . . . . . . . . . $ 2,969.70 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. 10 . . . . . . . . . . . . . . . $ 7,725.59 Northdale Construction Co., Inc. 14450 Northdale Boulevard Rogers, MN 55374 Skywood Lane Water Extension Project No. 220 Estimate No. 2 . . . . . . . . . . . . . . . $32, 166. 53 Seconded by Councilman Fitzpatrick. FRIDLSY CITY COIINCIL MEETING OF NOVEMBER 4, 1991 PAa$ 12 MOTION by Councilman Billings to amend the estimates by deleting the estimate for Barna, Guzy & Steffen, Ltd. MOTION FAILED FOR LACK OF A SECOND. Councilman Billings stated that he had contacted the City Manager, Mr. Burns, regarding the statement received from Barna, Guzy, & Steffen for $13,000. He stated that the City was billed for the hours spent discussing what he felt was an overcharge on the $13,000 bill. He stated that his concern is if the City should be reimbursing Barna, Guzy, & Steffen for administrative duties relative to conducting their business, and he felt that this was an inappropriate expenditure. He stated that he is not prepared to deny the claim, but wants them to know their statements are being reviewed, and the City Manager is not alone in contesting the expenditures that appear to be higher than what they have been in the past. Mr. Herrick, City Attorney, stated that he felt Councilman Billing's point is well-taken. He stated that Council can either move to deduct that item or it will be adjusted on the following month's bill. He stated that in terms of the overall bill being higher, he had fairly extensive discussions with the City Manager, He stated that if you analyze the bills, he does not feel the charges for routine services have increased, as the billing rate is still the same. He stated that what has happened is the City has been involved in considerable litigation that is not routine and additional time is reflected in the billing. He stated that was true of the previous month's bill and, to a lesser extent, of this billing. He felt that Council should be aware when they get involved in litigation that it obviously will cost more money. Councilman Billings stated that his complaint is not necessarily with Mr. Herrick. He stated that he has found in the years in which the City has done business with Herrick & Newman, the home town family type law firm existed, and now they have merged with Barna, Guzy, & Steffen that has an accounting department and their relationship may be changed slightly. Mr. Herrick stated that he has talked to the City Manager about the passibility of changes in the billing format and basic contractual arrangements. He stated that he will be exploring them further. UPON A VOICE UOTE TAKEN ON THE MAIN MOTION, .all`�voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. 17. SET A PUBLIC HEARING PURSUANT TO ECONOMIC RECOVERY FUND APPLICATION TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT FOR PURPOSES OF ASSISTING MCGLYNN BAKERIES WITH THE REDEVELOPMENT OF THE FORMER TOTINO PIZZA MANUFACTURING FACILITY• MOTION by Councilwoman Jorgenson to set the public hearing on this item for November 18, 1991. Seconded by Councilman Fitzpatrick. FRIDLFY CITY COIINCIL MEETING OF NOVEMBER 4, 1991 PAaL 13 Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Mayor Pro Tem Schneider stated that he wished to state that Council will hold a Special Meeting on Tuesday, November 12 to canvass the November 5, 1991 election returns. Councilman Billings encouraged anyone that lives in Ward II to go to the polls and vote for the candidate of their choice. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 4, 1991 adjourned at 8:53 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council Approved: Dennis L. Schneider Mayor Pro Tem T$E MINIITES OF THE SPECTAL MEETING OF THE FRIDLEY CITY COiTNCIL OF NOVEMBER 12, 1991 The Special Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Pro Tem Schneider. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider 1ed the Council members and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Pro Tem Schneider, Councilwoman Jorgenson, Councilman Billings and Councilman Fitzpatrick MEMBERS ABSENT: Mayor Nee RECEIVE THE STATEMENT OF CANVASS FOR THE NOVEMBER 5, 1991, GENERAL ELECTION: MOTION by Councilwoman Jorgenson to receive the Statement af Canvass for the November 5, 1991, General Election. �Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Fitzpatrick to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the Special Meeting of the Fridley City Council of November 12, 1991 adjourned at 7:32 p.m. Respectfully submitted, William W. Burns Recording Secretary Approved: Dennis L. Schneider Mayor Pro Tem MEMORANDUM TO: FROM: SUBJECT: DATE: FINANCE DEPARTMENT � �r MEMORANDUM WILLIAM W. BURNS, CITY MANAGER ,J�� RICHARD D. PRIBYL, FINANCE DIRECTOR PQBLIC HEARING ON THE 1992 BIIDGET ANfl 16 MILLS LEVY NOVEMBER 13, 1991 Attached is a copy of the 1992 Truth in Taxation Budget Public Hearing Notice which appeared in the Fridley Focus on November 13, 1991. This information is required by the Department of Revenue and fulfills the requirements as set out in the Truth and Taxation Legislation. I have also provided a copy of the Public Hearing Notice required by the charter when levying a tax in excess of 16 mills. These public hearing notitications serve to fill two requirements for the City of Fridley; (1) to fulfill the Truth and Taxation requirement, and (2) levy what appears to be a tax levy in excess of 16 mills because of the reduction of Local Governmental Aids by the State of Minnesota. As you recall, the legislation last year caused a shift in Local Governmental Aids away from the cities and towards the school districts. This action caused the City to hold an additional Public Hearing for levying a tax that appears to be in excess of 16 mills. Due to formula change from mill levy to tax capacity rates it was impossible to convert one to the other. So this public hearing notice satisfies the charter requirement that we hold a public hearing when we feel that we are levying in excess of 16 mills. This Public Hearing will differ from the usual public hearings we haue, in that this hearing will have two topics; (1) the Public Hearing on the City of Fridley Budget, and (2) the Public Hearing to levy a tax which appears to be in excess of 16 mills. You might recall that the reasoning for this is that the main topic of the November 18th Council Meeting is for consideration and approval of the budget. The Public Hearing must be the first topic for consideration and the Council must either take action to approve the budget and tax levy certification immediately after the Public Hearing or reconvene the Public Hearing on November 25, if necessary. RDP/me Attachment 1A Notice Of Proposed Property Taxes The Fridley City Council will soon hold a public budget hearing to vote on the amount of property taxes to collect to pay for services the City will pro- vide in 1992. � The property ta�c amounts below com- pane Fridley's 1991 property taxes with the property taxes the City Council pro- poses to collect in 1992: � 1991 Proposed 1992 Decrea.se from �Pe1'tY �� PQ�Y 'l�axes 1991 to 1992 $3,276,016 � $3,193,091 (2.5%) Atter�d The Public Hearing All Fridley residents are invited to at- - tend the public hearing of the City Council to express their opinions on the � budget and the proposed amount of ' property taxes on: Monday, November 18 7:30 pm Council Chambers Fridley Munieipal Center 6431 University Ave. N. E. Fridiey, MN 55432 If the discussion of the budget cannot be completed, a time and place for con- tinuing the discussion wiil be announc- ed at the hearing. You are also invited to send your_ written comments to: City Manager's Office Fridley Municipal Center 6431 University Ave. N. E. Fridley, MN 55432 : CITY OF FRIDLEY� PUBUC NOTICE in conformance with. Section 7.04 of the City Charter, the following City Manager's budget for fiscal year 1992 has been submitted to the the City Council. A PubHc Hearing on the budget will be held on November 18, 1991 at 7:30 p.m. at the Fridley Muncipal Center. GENERAL FUND Taxes and Special Assessments: Current Ad Valorem Delinquent, Penaliies, Forfeited Special Assessments Licenses and Permits: Licenses Permits Intergovernmental: Federal State - Homestead and Agriculture Credit Aid Local Government Aid All Other Charges for Services Housing and Redevelopment Authority Water Fund Sewer Fund Storm Water Fund l.iquor Fund Cable TV Fund Fines and Forfeits Interest on investments Misceilaneous Revenues Other Financing Sources: IRDB Deposits Fund Construction Funds Employee Benefit Fund Closed Debt Service Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: Designated for repl of fixed assets Generai Fund Resenre TOTAL GENERAL FUND SPECIAL REVENUE FUNDS Cable N Fund Grant Management Fund Solid Waste Abateme�t Fund TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS Capital Improvement Fund Taxes - Current Ad Valorem interest on investments Donations State Aid Construction TOTAL CAPITAL PROJECTS FUNDS AGENCY FUND Six Ciiies Watershed Fund Taxes - Current Ad Valorem TOTAL AGENCY FUND TOTAL �iliam W. Burns, City Manager ESTIMATED REVENUE �3,598,640 78,045 1.312 123.833 205,875 5,620 947,971 1,478,960 404,958 215.967 163,572 117.439 85,225 27,174 61,345 18,619 260,000 275,000 77,623 10,393 25,850 100.000 100,545 8.383.966 108,221 379,216 38.871,403 $108.334 198,463 172,246 �479,043 $85,550 506,779 20,000 274,000 $886,329 $3,500 53,500 $10,240,275 1C Legislative: City Council Planning Commissions Other Commissions City Management: General Management Pe�sonnei Lega! Finance: Elections Accounting Assessing MIS City Clerk/Records Police: Police Civil Defense Fire: Public Works: Civic Center Technical Enginee�ing Traffic Engineering Street Lighting Public Works Maintenance Recreation: Naturalist Recreation Community Development: Building Inspection Planning Reserve: Emergency Nondepartmental: General Capital Improvement Streets Capital Improvement Parks Capital Improvement APPROPRIAl10NS $107,317 3,829 . 5,586 290.381 80,214 168.000 46,480 487,520 157,395 148.046 90.805 2,696,027 8,702 667,719 176,532 452,640 60,405 144,400 1,684,140 234,1 i 4 514,448 198,743 233,406 180.895 33,659 �8,871,403 $90,955 198,463 172,246 3461,664 $114,200 245,000 351.850 $711,050 $3,500 $3,500 a10.047,617 PIIBLIC HEARING BEFORE TAE CITY COIINCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Noveinber 18, 1991 at 7:30 p.m. for the purpose of consideration of the following resolution: A RESOLUTION DECLARING THE NECESSITY TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REQUIREMENTS FOR 1992 TO THE COUNTY OF ANOKA FOR COLLECTION WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, said Section 7.02 of the City Charter provides that if the taxes levied against property within the City exceeds 16 mills on each dollar of assessed valuation, that the Council shall adopt a resolution showing the necessity.for such tax; and WHEREAS, the State of Minnesota has changed the method of computing taxes from "mill levy" to "tax capacity"; and WHEREAS, the State of Minnesota transferred state aid dollars from the city to the school districts to reduce school district taxes; and WHEREAS, in addition, the State of Minnesota reduced the amount of state aid dollars it has previously distributed to cities; and WHEREAS, the City of Fridley needs to levy taxes which appear to be in excess of 16 mills because of the reduction of local government aids by the State of Minnesota. NOW THEREFORE BE iT RESOLVED that the City Council of the City of Fridley pursuant to three (3) weeks published notice and a public hearing on the 18th day of November, 1991, shall have the authority to levy a tax which may be in excess of 16 mills; and BE IT FURTHER RE50LVED that the City of County of Anoka, State of Minnesota, the levied in 1991 for the year 1992. 1D Fridley certify to the following tax levy to be PIIBLIC HEARING BEFORE THE CITY COUNCIL (continued) GENERAL FUND General Fund CAPITAL PROJECT FUND $4,660,276 Capital Improvement Fund - Parks Division 87,689 AGENCY FUND Six Cities Watershed Management Organization 3.500 TOTAL ALL FUNDS $4,751,465 WILLIAM J. NEE MAYOR Any questions related to this item may be referred to the Fridley Finance Department, 571-3450. yE � FINANCE DEPARTMENT � r�t`�r MEMORANDUM . �� TO: WILLIAM W. BIIRNS, CITY MANAGER �< FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SIIBJECT: RESOLIITION ADOPTING A BIIDGET FOR THE FISCAL YEAR 1992 � DATE: November 13, 1991 As required by Section 7.05 of the City Charter, the attached Budget Resolution provides for the adoption of the 1992 City of Fridley Budget. Please present the resolution to Council on November 18, 1991 for their approval. RDP/me Attachment 2 RESOLUTION NO. -1991 A RESOLUTION ADOPTING A BUDGET FOR THE FISGL YEAR 1992 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budge� and WHEREAS, the City Manager has pr�ared such document and the City Council has met several times for �e puipose of discussing the budge� and WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City shall hold a public hearing . to adopt a budge� and WHEREAS, the City Council has held a public hearing and has concluded the budget as prepaned is appropriate. NOW TI�REFORE, BE IT RESOLVED that the follo�wing budget be adopted and app�vcd: GENERAL FUND Taxes and Special Assessments: Current Ad Valorem Delinquent, Penalties, Forfeited Special Assessments Licensas and Permits: Licenses Permits Intergovernmentai: Federai State - Homestead and Agriculture Credit Aid Local Government Aid All Other Charges for Services Housing and Redevelopment Authority Water Fund Sewer Fund Storm Water Fund Liquor Fund Cable N Fund Fines and Forfeits Interest on Investments Miscellaneous Revenues Other Financing Sources: IRDB Deposits Fund Construction Funds Employee Benefit Fund Closed Debt Service Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: Designated for repl of fixed assets Generai Fund Reserve TOTAL GENERAL FUND ES7IMATED REVENUE Le�islative: $3,598,G40 � City Councii Pianning Commissions 78,045 Other Commissions 1,312 City Management: General Management 123,833 Personnel 205,875 Legai Finance: 5,620 Elections Accounting Assessing 947,971 MIS 1,478,960 City Clerk/Records 404,958 PoliCe: 215,967 Police 163,572 Civil Defense 117,439 Fire: 85,225 Public Works: 27,174 Civic Cente� 61,345 Technicai Engineering 18,619 Traffic Engineering 260,000 Street Lighting 275,000 Public Works Maintenance 77,623 Recreation: Naturalist 10,393 Recreation 25,850 Community Devetopment: 100,000 Building Inspection 100,545 Planning Reserve: 8,383,966 Emergency Nondepartmental: 108,221 379,216 $8,871,403 2A $107,317 3,829 5.586 290.381 80,214 168,000 � 46,480 487,520 157,395 148,046 90,805 2,696,027 8,702 667,719 176,532 452,640 60,405 144,400 1,684,140 234,114 514,448 � 98,743 233,406 180,895 33,659 58,871,403 SPECIAL REl/ENUE FUNOS Cable N Fund $� �.� Grant Management Fund 1�,� Solid Waste Abatement Fund 172,246 TOTAL SPECIAL REVENUE FUNDS 3479.043 CAPffAL PROJECTS FUNDS Capital Improvement Fund Ta�ces - Current Ad Valorem Interest on Investments Donations State Aid Const�uction TOTAL CAPITAL PROJECTS FUNDS AGENCY FUND Six Cities Watershed Fund Taxes - Current Ad Valorem TOTAL AGENCY FUND TOTAL $85,550 506.779 20,000 274,000 �886.329 $3,500 �3.500 a1 o,2ao.z� General Capital Improvement Streets Capitai lmprovement Parks Capital Improvement $90,955 198.463 172.246 $461,664 $114.200 245.000 351,850 $711.050 $3,5� $3.500 a�o.oa�,s,� PAS5ED AND ADOPTED BY TI� CITY COUNCII.. OF THE C1TY OF FRIDLEY THLS DAY OF ,1991 ATTFST: SHIRLEY A. HAAPAI.A - CIT'Y CLERK : WII..L�AM J. NEE - MAYOR FINANCE DEPARTMENT � �r MEMORANDUM � �l TO: WILLIAM W. BIIRNB� CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SIIBJECT: RESOLIITION TO LEVY TABES WHICH APPEAR TO BE IN EBCE88 OF 16 MILLS AND CERTIFYING TA% LEVY REQIIYREMENTS FOR 1992 TO ANORA COIINTY DATE: November 13, 1991 The attached resolution grants City Council the authority to levy a tax which appears to be in excess of 16 mills. As stated in Section 7.02 of the City Charter, pursuant to three weeks published notice and "a public hearing the Council may adopt a resolution showing the necessity for such taxes. The attached resolution also provides for the certification of the 1992 tax levy to Anoka County for collection. RDP/me Attachment � RESOLIITION NO. - 1991 A RESOLIITION DECLARING T8E NECESSITY TO LEVY A TAR WHICH APPEARS TO BB IN E%CESS OF 16 MILLS AND CERTIFYING TAX LEVY REQIIIREMENTS FOR 1992 TO THE COIINTY OF ANORA FOR COLLECTION WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, said Section 7.02 of the City Charter provides that if the taxes levied against property within the City exceeds 16 mills on each dollar of assessed valuation, that the Council shall adopt a resolution showing the necessity for such tax; and WHEREAS, the State of Minnesota has changed the method of computing taxes from "mill levy" to "tax capacity��; and WHEREA5, the State of Minnesota transferred state aid dollars from the city to the school districts to reduce school district taxes; and WHEREAS, in addition, the State of Minnesota reduced the amount of state aid dollars it has previously distributed to cities; and WHEREAS, the City of Fridley needs to levy taxes which appear to be in exaess of 16 mills because of the reduction of local government aids by the State of Minnesota. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley pursuant to three (3) weeks published notice and a public hearing on the 18th day of November, 1991, shall have the authority to levy a tax which may be in excess of 16 mills; and BE IT FURTHER RESOLVED that the City of County of Anoka, State of Minnesota, the levied in 1991 for the year 1992. 3A Fridley certify to the following tax levy to be GENERAL FUND General Fund CAPITAL PROJECT FUND $4,660,276 Capital Improvement Fund - Parks Division 87,689 AGENCY FUND Six Cities Watershed Management Organization 3,500 TOTAL ALL FUNDS $4,751,465 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THTS DAY OF , 1991 ATTEST: [ryi �ii�� `��1�� i:�s�� SHIRLEY A. HAAPALA - CITY CLERK � CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: The City of Fridley will hold a public hearing on November 18, 1991, at 7:30 p.m. in the City Municipal Center, f431 University Avenue Northeast to consider making an application for funding to the State of Minnesota, Department of Trade and Economic Development under the Economic Recovery Grant Program for an economic development project. The program and its requirements will be explained. Comments and questions will be welcome. Under consideration will be a proposal to assist with financing for project costs related to an industrial expansion by McGlynn Bakeries, Inc. The Economic recovery Grant Program is designed to provide assistance to private businesses to start or expand while benefiting low and moderate income persons. For information call William Burns, City Manager at 571-3450. Anyone having an interest in this matter should make their interest known at this public hearing. Shirley A. Haapala City Clerk Publish: November 7, 1991 � TO: FROM: SIIBJECT: DATE: FINANCE DEPARTMENT � �a�x MEMORANDUM WILLIAM iP. BORNS, RICHARD D. PRIBYL, CITY MANAGER �t�' �:, FINANCE DIRECTOR PIIBLIC BEARING FOR GBN, INC. ON-SALE LIQIIOR LICENSE NOVEMBER 13, 1991 Attached you will find the Public Hearing Notice which appeared in the Minneapolis paper on November 7, 1991. GBN, Inc. is applying for an on-sale liquor license to be used for the sale of intoxicating beverages at the location of 3720 East River Road. As you recall from the many conversations we have had on this topic, this location is a restaurant known as "Ropers". The current corporation, George's Restaurant and Lounge Inc., is in Chapter 7 of the Federal Bankruptcy Act. We have sent a notice to George Nicklow, who is the sole director of the corporation known as GBN Inc., requesting his presence at the Public Hearing. RDP/me Attachment 5 CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: 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 November 18, 1991, at 7:30 p.m. on the question of issuing an On-Sale Liquor License to GBN, Inc., for the property located at 3720 East River Road. Anyone having an interest in this matter should make their interest known at this public hearing. Shirley A. Haapala City Clerk Publish: November 7, 1991 �� FINANCE DEPARTMENT t ��r MEMORANDUM TO: WILLIAM W. BIIRNB, CITY MANAGER (�+� � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR BIIBJECT: INTOBICATING LIQIIOR - HOIIRS OF OPERATION CHANGES AMENDING CITY CODE SECTION 603.11.01 DATE: NOVEMBER 13, 1991 Attached you will find a suggested change to be made in the hours of operation section of the City Code relating to "Intoxicating Liquor". This change is based on the Legislative change that occurred in 1990, allowing establishments to sell these beverages on Thanksgiving. � I have also changed the language to make it clearer and coincide, more with the language contained in the statute. I hope that these changes meet with the Council's approval. RDP/me Attachment : ORDINANCE N0. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 603, ENTITLED "INTORICATING LIQUOR", BY AMENDING SECTION 603.11.01, HOURS OF OPERATION The City Council of the City of Fridley does hereby ordain as follows: 603.11. HOURS OF OPERATION l. �Q�e--s� ��te�i�.��x�g--��-sk�� be .,a,. �.,,�...,.,, ��e �o��-s e��v a . �t . ��5 : ^�^ - ^ .��^ . -e�� ; �e � �e �wee� � : ^-�--�— a a : . . „a �,,.. . _�� i ,. i, ., i i D � ,� ,� ,. �.,, � � � : ��1--� a��-� : 89 � . � . e� ��-s ��serc ccuss ncavv—vv-�WAB�'� ��A�3Abb�'-6� M�^^�-t�r��--�-r��r��Pie-sQ�e�-�Q°��-�� ^.��€�er Q•.�--o-w^-P:�. e�-Bese�be�,..'Z4, , No sale of intoxicatine liquor for consumption on the licensed premises may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday throu�h Saturday, nor between 1:00 a.m. and 10:00 a.m. on Sunday. No sale may be made on Christmas Dav. Deeember 25: oX after 8:00 p.m, on Christmas Eve. December 24. (Ref. 752, 784, 933) 2. It shall be unlawful for any persons or customers, other than the licensees or their employees to remain on the premises after 1:30 a.m. There shall be no consumption by any persons, including the licensees and their employees, after 1:30 a.m. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA, CITY CLERK First Reading: Second Reading: Publication: : � WILLIAM J. NEE - MAYOR FINANCE DEPARTMENT _ r�i�x MEMORANDUM :� � _ TO: WILLIAM W. BORNS, CITY MANAGER �j, FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SIIBJECT: BEER LICENSING - HOIIRS OF OPERATION CHANGES AMENDING CITY CODE SECTION 602.09.01 DATE: NOVEMBER 13� 1991 Attached you will find a suggested change to be made in the hours of operation section of the City Code relating to "Beer Licensing". This change is based on the Legislative change that occurred in 1990, allowing establishments to sell these beverages on Thanksgiving. I have also changed the language to make it clearer and coincide, more with the language contained in the statute. I hope that these changes meet with the Council's approval. RDP/me Attachment % 1 ORDINANCE N0. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 602, ENTITLED "BEER LICENSING", BY AMEI3DING 602.09.01 HOURS The City Council of the City of Fridley does hereby ordain as follows: 602.09. HOURS 1. Closing Hours. 1$: �8--�:-�a—�e-�c3-�e sk��–�–�ae �e�wee� t�e-�re�s-� F=z •.�-s .�. �rr�� 8 : ^oS--s . �aa�. . . ., , . No sale of beer or nonintoxicating malt liquor may be made between 1:00 a.m. and 8:OD a.m. on the daxs of Monday through Saturday. nor between 1:00 a.m. and 12:00 noon on Sunda,y. No sale may be made on Christmas Day. December 25: or after 8:00 p.m. on Christmas Eve. December 24. (Ref. 501, 550, 602, 647, 783, 932) 2. Remaining on Premises. It shall be unlawful for any persons or customers, other than the licensee or their ernployees, to remain on the premises after 1:30 a.m. There shall be no consumption of wine, non-intoxicating malt liquor, or any intoxicating liquor by any pe�sons, including licensees or their employees, after 1:30 a.m. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIALEY THIS DAY OF , 1991. � ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: Second Reading: Publication: 7A WILLIAM J. NEE - MAYOR r � � I Community Development Department PLANNING DIVISION City of Fridley DATE : November 14 , 19 91 �(t, ' 6° TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director SUBJECT: Second and Final Reading of Proposed Ordinance to Amend the Definition of a Kennel, Chapter 205, and Chapter 101, Animal Control Attached for second and final reading is the proposed ordinance to amend the definition of a kennel in the zoning ordinance, and to amend various portions of Chapter 101 regarding animal control. The first reading was conducted on November 4, 1991. Staff recommends that the City Council approve second and final reading of the ordinance as presented. � BD/dn M-91-815 � �� ••� � r• s� • AN ORDII�E R�O�DIFSCIIaG Ti� FRIDI£Y CITY O�DE, Q�iP1�I2 101, ENi'ITI,ED nANIl�iL OOTiI'I�fJI�� BY AMEI�IDIIJG Si�7CTI� 101.01.09� 101.04, 101.04.05, 101.04.08, 101.11, ADID ADd)II�1G NEW SDCI'IO�T 101.04.13 Al�ID AMEDIDIlaG C�IPTER 205, �'�1�T!'I'1'I�D �'ZOQ�TII�� BY Ar�IDIIQG SF3G'rII�T 205.03.39 The City CcAancil of the City of Fridley does hereby o�iain as foll�as: 101.01. D�E'II�ITI�TS. 9. Kennel. Any iot or premises on which four (4) or more dogs or cats, or any ccsmbination of four (4) or more dogs or cats, at least si�c (6) months of age, are kept. 101.04. A1�TIl�L NtTISAI�. It sYiall be unlawful for any pei�son to awn, keep, or harbor any an�mal which is considered a nuisance. For the purj�ose of this C�apter, an animal nuisance shall exist under any of the follaaing conditions: 5. 7�e animal barks, hawls, cries, yelps, or makes any other noise habitually and/or repetitively that the person who awns, keeps, or harbors the animal ]mows, or has reasonable grounds to lmaw that it will, or tend to, alarm, anger or disturb other persons residing in the vicinity thereof. 8. Any lot or premises on which four (4) or more dogs or cats, or any combination of four (4) or more dogs or cats, at least six (6) months of age, are kept. Additional an�mals may be kept in non-residential zones that meet the City's zoning requiremP_nts for a kennel license. 13. To all�a an animal on the premises of any bathing beach or the City Coitnrninity Park, whether ridden, lead, carried, or running at laYge. 101.11. VICIOUS ANIl�LS . 1. No person shall keep or allow to be kept in the City: A. Any ani.mal of a vicious nature or with a properlsity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of htmian beings or domestic animals; or B. Any animal which attacks a htm�an beirig or a domestic animal on two or more occasions without provocation or on a single occasion where substantial bodily harm on a htmian being is inflicted without provocation; or C. Any non-domesticated animal not naturally t.�me or gentle, but is of wild nature or disposition, including any of the follawing: . � Ord�r�ance No. Page 2 (a) Any animal or species prohibited by federal or Minnesota Law. (b) Any non-domesticated animal or species, includirig, but not limited, to the follawing: (1) Any skunk, whether captured in the wild, damestically raised, de-scented or not de-scented, vaccinated against rabies or not vaccinated against rabies. (2) Any large cat of the family Felidae such as lions, tigers, jaguars, leopazds, c�ugars, and ocelots, except ccatmionly accepted damesticated house cats. (3) Any member of the family Canidae, such as wolves, foxes, coyotes, dingoes and jaGkals, except coirnnonly acxepted domesticated dogs. (4) Any poisonous snake, pit viper or constrictor, such as a rattle snake, coral snake, water �tbcxrasin, cobra, boa constrictor or python. (5) Any raocoon. (6) Any other animal which is not listed explicitly above, but which can reasonably be defined by the terms in section 101.11 of this code, including bears and badgers. Upon cornriction for the violation of this Section, the court may in addition to imposition of sentence, direct the Animal Control OfficPr to take the animal in question into custody and forthwith dispose of it in a humane manner. 205.03 DF.�'IIQITIONS. 39. Kennel. Any lot or premises on which four (4) or more dogs or cats, or any combination of four (4) or more dogs or cats, at least s� (6) months of age, are kept. . : Ozdinanoe No. Page 3 PASSED AND ADOPI�D BY Ti� CITY C�ALJNCIL OF '� CITY OF FRIDLEY Zi�S DAY OF , 1991. ATrFST: [•�:Ii.�F�►'��;r`\� e 4YY �I �I: . WIISSAM J. NEE - MAYOR Public Hearixzg: October 21, 1991 First Reading: Navember 4, 1991 Second Readirig: Publi.sh: l�l� FINANCE DEPARTMENT t � MEMORANDUM ,� !' TO: WILLIAM W. BIIRNS, CITY MANAGER �. FROMs RICHARD D. PRIBYI�, FINANCE DIRECTOR SIIBJECT: LIQIIOR ON—SALE CLIIBS — HOURS OF OPERATION CHANGES AMENDING CITY CODE SLCTION 606.11.01 DATE: NOVEMBER 13, 1991 Attached you will find a suggested change to be made in the hours of operation section of the City Code relating to "Intoxication Liquor On-Sale Clubs". This change is based on the Legislative change that occurred in 1990, allowing establishments �o sell these beverages on Thanksgiving. I have also deleted and changed some language to remove the redundancy and attempt to make the existing language clearer. I hope that these changes meet with the Council's approval. RDP/me Attachment � ORDINANCE N0. 0 AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 606, ENTITLED "INTORICATING LiQUOR ON-SALE CLUBS" BY AMENDING 606.11.01, HOURS OF OPERATION The City Council of the City of Fridley does hereby ordain as follows: 606.11. HOURS OF OPERATION 1. �9 34�@-6�--ti}��i�i@fL� tiig-� i�Li6 i' '.3�ia�i-vc=mu� e— 7e �,Fe e��rB-�T9u�9 v��.vv . . . . . � . . . . . . . ��e s-a�e—s� „ '�� a� '��t-�aeea—t�e—�re�s e-€�-z98--��--�� 8:99--a.�a--e�—A�a�s . . . . , , . No sale of intoxicatin� liauor for consumption on the licensed premises may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday through Saturdav, nor between 1:00 a.m. and 10:00 a.m, on Sunday. No sale ma� be made on Christmas Day. December 25: or after 8:00 p.m. on Christmas Eve. December 24. (Ref. 935) 2. It shall be unlawful for any persons or customers, other than the licensees or their employees to remain on the premises �fter 1:30 a.m. There shall be no consumption by any persons, including the licensees and their employees, after 1:30 a.m. (Ref. 809) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF . 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: Second Reading: Publication: N � WILLIAM J. NEE - MAYOR MEMORANDUM _ MuNcipai Center _ 6431 University Avenue N.E. Fridley, MN 55432 � � �� 1 (612) 571-3450 Office of the City Manager Wiltiam W. 6urns TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager ��' , �• DATE: November 15, 1991 SIIBJECT: Establish Public Hearing for TIF District for McGlynn Bakeries, Inc. At the City Council meeting on Monday, November 18, 1991, we will be requesting that the City Council set the public hearing date for the establishment of the McGlynn Bakeries, Inc., tax increment financing district. The attached resolution sets the public hearing for December 9, 1991, and allows us to publish the required public hearing notice. WWB:rsc � Councilmember introduced the following resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: CITY OF FRIDLEY COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE MODIFICATION OF THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 TO REFLECT INCREASED GEOGRAPHIC AREA AND INCREASED PROJECT COSTS, THE MODIFICATION OF THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS N0. 1 THROUGH NO. 11 TO REFLECT INCREASED PROJECT COSTS WITHIN REDEVELOPMENT PROJECT N0. 1 AND THE ESTABLISHMENT OF PROPOSED TAX INCREMENT FINANCING DISTRICT NO. 12 AND THE APPROVAL AND ADOPTION OF THE PROPOSED TAX INCREMENT FINANCING PLAN RELATING THERETO. BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Public Hearinq. 1.01, This Council shall meet on Monday, December 9, 1991 commencing at 7:30 o'clock p.m. at City Hall, 6431 University Avenue N.E., Fridley, Minnesota, to hold a public hearing on the following matters: (a) the modification of the Modified Redevelopment Plan for Redevelopment Project No. 1 to reflect increased project costs and increased geographic area, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, inclusive, as amended and supplemented from time to time; (b) the modification of the Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. 1 through No. 11 to reflect increased project costs within Redevelopment Project No. 1, pursuant to Minnesota Statutes, Section 469.174 through 469.179, inclusive, as amended and supplemented from time to time; and, (c) the establishment of proposed Tax Increment Financing District No. 12 and approve and adopt the proposed Tax Increment Financing Plan relating thereto pursuant to and in accordance with Minnesota Statutes, Section 469.174 to 469.179, inclusive, as amended and supplemented from time to time. 10A Section 2. Notice of Hearina: Filina of Plans. 2.01. The City Clerk is authorized and directed to cause notice of the public hearing, substantially in the form attached hereto as Exhibit A, to be published as required by law, to place a copy of the Modified Redevelopment Plan, the Modified Tax Increment Financing Plans and the proposed Tax Increment Financing Plan (collectively the "Plans") on file in the City Clerk's office and to make such Plans available for inspection by the public commencing November 27, 1991. Adopted by the Council of the City this 18th day of November, 1991. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested to by the City Clerk. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 2 1 : CERTIFICATION I, Shirley A. Haapala, the duly qualified Clerk of the of Fridley, County of Anoka, Minnesota, hereby certify the foregoing is a true and correct copy of Resolution No. passed by the City Council on the 18th November, 1991. City that day of Shirley A. Haapala, City Clerk 3 10C EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF FRIDLEY COUNTY OF ANOKA STATE OF MINNESOTA NOTICE IS HEREBY GIVEN THAT the City Council of the City of Fridley, Minnesota, will hold a public hearing on Monday, December 9, 1991 commencing at 7:30 o'clock p.m. at City Hall, 6431 University Avenue N.E., Fridley, Minnesota, relating to the approval and adoption of the Modified Redevelopment Plan for the Housing and Redevelopment Authority's Redevelopment Project No. 1, pursuant to Minnesota Statutes, Sections 469.001 to 469.074, inclusive. The hearing is also relative to the approval and adoption of Modified Tax Increment Financing Plans for the City's Tax Increment Financing Districts No. 1 through No. 11 pursuant to Minnesota Statutes, Sections 469.174 to 469.179, inclusive. The hearing is further relative to the approval and adoption of proposed Tax Increment Financing Plan for proposed Tax Increment Financing District No. 12 pursuant to Minnesota Statutes, Sections 469.174 to 469.179, inclusive. Copies of the documentation relating to the above proposed actions will be on file and available for public inspection in the City Clerk's office. The property proposed to be included in the Tax Increment Financing District is described below and set forth on the following map. Tax Increment Financing District No. 12 includes the following PINs: 10-30-24-14-0049 10-30-24-14-0050 10-30-24-14-0051 11-30-24-23-0020 11-30-24-23-0021 (included in project area only) and is generally located at 7350 Commerce Lane Northeast All interested persons may appear at the hearing and present their views orally or in writing. BY ORDER OF THE CITY COUNCIL /s/ William Burns City Manager (insert map) 10D NOTICE OF PUBLIC HEARING CITY OF FRIDLEY COUNTY OF ANOKA STATE OF MII�TNESOTA NOTICE IS HEREBY GIVEN THAT the City Council of the City of Fridley, Minnesota, will hold a public hearing on Monday, December 9, 1991 commencing at 7:30 o'clock p.m, at City Hall, 6431 University Avenue N.E., Fridley, Minnesota, relating to the approval and adoption of the Modified Redevelopment Plan for the Housing and Redevelopment Authority's Redevelopment Project No. 1, pursuant to Minnesota Statutes, Sections 469.001 to 469.0�4, inclusive. The hearing is also relative to the approval and adoption of Modified Tax Increment Financing Plans for the City's Tax Increment Financing Districts No. 1 through No. 11 pursuant to Minnesota Statutes, Sections 469.174 to 469.179, inclusive. The hearing is further relative to the approval and adoption of proposed Tax Increment Financing Plan for proposed Tax Increment Financing District No. 12 pursuant to Minnesota Statutes, Sections 469.174 to 469.179, inclusive. Copies of the documentation relating to the above proposed actions will be on file and available for public inspection in the City Clerk's office. The property proposed to be included in the Tax Tncrement Financing District is described below and set forth on the following map. Tax Increment Financing District No. 12 includes the following PINs: 10-30-24-14-0049 10-30-24-14-0050 10-30-24-14-0051 11-30-24-23-0020 11-30-24-23-0021 (included in project area only) and is generally located at 7350 Commerce Lane Northeast All interested persons may appear at the hearing and present their views orally or in writing. BY ORDER OF THE CI'I'Y COUNCIL /s/ William Burns City Manager (insert map) 10E MEMORANDUM _ ; MuniCipal Center _. 6431 University Avenue N.E. Offlce of the City Manager � Fridley, MN 5sas2 � William W. Burns �,� � � (612) 571-3450 TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager �/�,�� DATE: November 15, 1991 SUBJECT: Economic Recovery Grant Application At Monday night's City Council meeting, we have been asked to hold a public hearing that is required by the State of Minnesota in order to receive money from the State's Economic Recovery Fund. Mr. Michael Mulrooney from Advance Resources was hired by McGlynn Bakeries, Inc., to prepare the grant application that will be submitted to the Minnesota Department of Trade and Economic Development. If the application is successful, the City of Fridley will receive $250,000 from the State that will be used as a loan to assist in financing the McGlynn Bakeries project in Fridley. As you are aware, this is one of the major portions of the economic assistance package that we are offering McGlynn Bakeries. Staff recommends your approval of the resolution. WWB:rsc 11 RESOLUTION NO. - 1991 RESOLIITION AUTHORIZING SIIBMITTAL OF ECONOMIC RECOVERY GRANT APPLICATION. BE IT RESOLVED that the City of Fridley act as the legal sponsor for the project contained in the Community Development Application to be submitted on November 18, 1991, and that the City Manager is hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of the City of Fridley. BE IT FURTHER RESOLVED that the City of Fridley has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Fridley has not incurred any costs, has not entered into any written agreements to purchase property, and has not contracted for or begun construction on energy conservation measures for the proposed project. BE IT FURTHER RESOLVED that the City of Fridley has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the State, the City of Fridley may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Fridley certifies that it will comply with all applicable laws and regulations as stated on all contract agreements and described on the Compliances Checklist of the Community Development Application. BE IT FURTHER RESOLVED that the City of Fridley hereby declares that a Redevelopment Area be established as identified on the geographic location map provided with the completed application. BE IT FURTHER RESOLVED that the Redevelopment Area was identified as meeting slum and blight conditions pursuant to the definitions of Minnesota Statutes 469.002 (Subd. 11) or 469.174 (Subd. 10). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Fridley authorizes the City Manager to execute such agreements as are necessary to implement the project on behalf of the applicant. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER, 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK WILLIAM J. NEE - MAYOR 11A r � � � DATE: TO: FROM: SUBJECT: Community Development Department PLAI�TIVING DIVISION City of Fridley November 14, 1991 � William Burns, City Manager �' , � Barbara Dacy, Community Development Director First Reading of an Ordinance to Repeal the Moratorium on Issuance of Special Use Permits Attached for first reading is the ordinance repealing the moratorium on issuance of special use permits for repair garages. The City Attorney's office has advised to table this item if the settlement agreement with 7570 Inc. and Samir Awaijane has not been finalized. BD/dn M-91-817 12 ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 974 The Council of the City of Fridley does hereby ordain as follows: Ordinance No. 974 entitled "An Interim Ordinance Placing a Moratorium on the Issuance of Special Use Permits for Auto Body Repair Businesses and Prohibiting Their Location Within the City While the Moratorium is in Effect," enacted on June 22, 1991, is hereby repealed. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: Second Reading: Publication: 12A WILLIAM J. NEE - MAYOR TO: FROM: SIIBJECT: DATE: FINANCE DEPARTMENT � � MEMORANDUM WILLIAM W. BIIRN3, CITY MANAGER � �, �� ' RICHARD D. PRIBYL, FINANCE DIRECTOR INTO%ICATING LIQIIOR OFF-SALE HOIIRS OF OPERATION CHANGES AMENDING CITY CODE, SECTION 601.06 November 13, 1991 Attached is an ordinance change suggesting that Ju1y 4th be removed from the restrictions of holidays in which the municipal liquor operation is not allowed to operate. The change is allowed by State Statutes and would then allow the City to open their doors on the July 4th holiday. In the past we have not been open on July 4th, and it is not our intent to be open this upcoming 4th of July, but it will allow us the flexibility if it is felt that it would be profitable to be open for that holiday. RDP/me Attachment 13 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 601, ENTITLED '�MIINICIPAL OPERATION OF LIQIIOR,�� SECTION 601.06, HOLIDAYS The Council of the city of Fridley does ordain as follows: 602.08. CONDITIONS OF LICENSE 5. HOLIDAYS No "off-sale" shall be made on New Years Day, January l; ��e�e�e—Ba�—a��-r Thanksgiving Day, or Christmas Day, December 25, but on the evening preceding such days, if the sale of liquor is not other wise prohibiterd on such evenings, "off- sales" may be made until 10:00 p.m. except that no "off-sale shall be made on December 24 after 8:00 p.m. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK First Reading: October 15, 1990 Second Reading: November 5, 1990 Publish: November 14, 1990 13A CITY OF FRIDLEY M E M O R A N D U M �'�a . TO: WILLIAM W. BURNS� CITY MANAGERf,�,r FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: MINNESOTA LANFIIL GAMBLING APPLICATION FOR EXEMPTION FROM LAWFOL GAMBLING FOR FRIDLEY CHAMBER OF COMMERCE DATE: NOVEMBER 4, 1991 The attached resolution approves the application for a Minnesota Lawful Gambling Application for Exemption from Lawful Gambling License for the Fridley Chamber of Commerce. The Fridley Chamber of Commerce will be holding a raffle on February 7, 1992. Minnesota state Statutes requires a resolution approving or denying any type of gambling of permit. The application has been approved by the James P. Hill, Public Safety Director. 14 RESOLIITION NO. - 1991 RESOLIITION IN SIIPPORT OF A MINNESOTA LAWFIIL GAMBLING APPLICATION FOR EBEMPTION FROM LAWFIIL GAMBLING LICENSE TO THE FRIDLEY CHAMBER OF COMMERCE WHEREAS, the City of Fridley has been served with a copy of a Minnesota Lawful Gambling Application for Exemption from Lawful Gambling License for the Fridley Chamber of Commerce; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. � � NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Application for Exemption from Lawful Gambling License for the Fridley Chamber of Comn�erce for a raffle to be held February 7, 1992. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK 14A • FOR BOARO USE ONLY � FEE CHK LG220 Mir�nesota Lawfui Gambling INIT DATE ��,.1'n"g°> Application for Egemption from Lawful Gambling License ..... ..._ __. __�_�_� __...•,..._ „r .r.:� e,,..r.,.�►;.,� �� pYa,.��nr�n and send it in at feast 45 days be%re your gamWing adivity for prooessing• Sar�t'a� C`a..v.PG � 6 i� � vr'?f-`�'78' 1 lJsL.l�.lo�� JGh\2isS ` bI� ;7 / I d`r �� - ... .... - - �..��:��,�.; �''MF.4:{}.�..'r,'.}+,t�i%/i`.:}\Vi:!M4YC:�i�:�-i:✓.•:?�•TT?:i•TiTT:NT::.•:TLT�S}:?;Zbiiii:iJi}:u^::-:'v:::::s:c�:.w::.w::... � ::..................""' _"_ _ . _ _ _ _. Attach proo( of nonprolit status which shows Check the box below which indicates your type of organization rhat your organization ;s nonprof,t ❑ Fraternai O Religious ❑ Veterans �Other non-profit ❑ IRS designation 5�� fr� ��nesota ❑ Certification of good n9 Secretary of State's office ❑ Affil'�ate of parent nonprofit organization (char�r) Street ' �ao\ C Date(s) of activiry �i .,� .: :L':�7�;;0 : `; Game Bingo Rafftes Paddlewheeis Tipboards Pull-tabs 0 � MN i declare all informaiion su6mitted to the Gambling Control Division is true, accurate, and cqmplete. � _ _ -�.� Counry �k...- �� :;�:,x,.,�-:>.�:n.•..-..�.,...-:-:-:-:-.r.r.;r.:�:,.:::::::: �::.�a.::::::,,., ...................-: .... ....::::::::::.::::. .... ..... ....... .. .. .. .. .. .;:.;;:.::::..:::�:, : :.:................:....:.............:..:::.....�:::::::::::.:�:::._::.�::.:::. .::::::: ::.::-::::::: :.:: :.::: :.:: ::..�:::::....... . . . . ... I have received a copy of this application. This application will be reviewed by the Gambling Control Division and will become effective 30 days from the date of receipt by the city or county, unless the local govemment passes a resolution to speafically prohibit the activity. A copy of that resolution must be reoerved by the Gambling Control Division within 30 days of the date filled in below. Citiss of the first class have 60 days in which to �sallow the activiry. • City or County Townshlp Ciry or county name Township name 1 o:,�....,n �.o, 4 nnrenn rorYaivinvwnnlic�tiofl Signawre of person receiving application �.v�. WhiN - Boerd . � Pi�k - -OrgeMZUbm Ydlo.� •-8au0 roMns b Orqariz�eon W opnplMa chaoe0 aesa C•de "-' Ciry «Counry Date received Mail with $25 permlt fee and copy of proof of nonprofit status to: Department of Ga n ambling Control Division Rosewoo�f��outh, 3rd Floor 1711 W. County Road B .�1� _ • I�.t cc1 1 �] O��Y Ci�q 'l1 Phone: 571-9781 � � �� - Fridley Plaza Office Building, Suite 102, 6401 UniversityAve., N.E., Fridley, Minnesota 55432 o,� � ��v c�MM� I 1- �l - `� I C�.-� — , ;� � �� C��_ C��.-��. �, �.�� -�es- �-�.-- �,` ,.��,, L ��..�.��- L( � � ��c � �,� � "`�'�' 1 . � J� � � � � � � c.�-1,+�,�,�, �.(at,�;'��.Sz.._ _ �L..%�.� � � �� } �� '`�' � ��,�' � � � �� -�— 14C CITY OF FRIDLEY M E M O R A N D II M � ('�� e TO: WILLIAM W. BURN3, CITY MANAGER � FROM: RICIiARD D. PRIBYL, FINANCE DIRECTOR 3UBJECT: MINNESOTA LAWFIIL GAMBLING PREMISE PERMIT APPLICATION FOR THE FRIDLEY MOOSE LODGE �38 DATE: NOVEMBER 4, 1991 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for the Fridley Moose Lodge #38, 8298 University Avenue Northeast. The Public Safety Director, James P. Hill, has approved the gambling permit. The Minnesota State Statutes requires the adoption of a resolution approving or denying any type of gambling of permit. 15 RE80LIITION NO. - 1991 RESOLIITION IN SIIPPORT OF AN APPLICATION FOR A MINNESOTA LAWFIIL GAMBLING PREMIBE PERMIT TO THE FRIDLEY MOOSE LODGE �38 WHEREAS, the City of Fridley has been served with a copy of an application for a Minnesota Lawful Gambling Premise Permit for the ' Fridley Moose Lodge �38; and WHEREAS, the location of the Premise Permit is the Fridley Moose Lodge �38; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to the Fridley Moose Lodqe #38. PASSED AND ADOT'TED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1991. ATTEST: WILLIAM J. NEE - MAYOR SHIRLEY A. HAAPALA - CITY CLERK �5A 0 LG214 nrmo+� ll[iit�tesota L�qful Camblir�y , Premises Perniit Application - Part 1 of 2: � R��ewal Orpaniz�on ba:e Qcense rarnber j��Q.,�3 ��s p��mit nwnae� 0 7G - 6 e�jt ❑ � FOR BOARO USE ONLy BASE � PP � FEE � CHECK wm�s OATE Class d P�� P�. ❑ � �stool ��-ea�s. �. �e�e�s. r�, � � B(i250j PW-tebs. dpbo�rds. paddewheeb. raple�s ❑ C (=ZOOI Birqo oN�/ _ ❑ o (�ts0� R�Aas onh► _ Name of Oryaniza0on - /2 f�G E /LI46SE Lo A6E � 3 8' eus�ness Addres: a oryarisaoon - streae o. P. o ecx (no na u.. uw a you, mfr�, a��T 8 G(.v /!/tr S!�Y �v G Ctty Stata � 12 / D[ E y �tij� .�✓`5!3 2� �,va.L'� nianw o�f axec�w otfioer (camoe be your yambinp m�ape� r�. ni �� C f�So.v �9 .r•�/,yS Ti2�i TD Z p a� iY6 D�Y� Pf+��e number � 6 �� 7S a -t� s�,G ---�_ ��..� . . . . If aPP1Y�8 fo� a class A or C permi� 8II in daYs and be�nning 8t ending hours af bingo oocasions- No more than seven bingo occasf�ons may be c�ducted bY Y'our�a i��..� per a►eek. Dap Hegfnning/Ending Ho�us DaY B�ng/Enaing Hours �Y �6 /�d1n6 Hours to�_ � t� �D—__ � � m__ Iibia�o wri11 not be coadn�cted. checi hers � -- -•--�--•• --- ..o ..••••••�•,•o•• �ueez w�ess �ao not use a post oiFioe box num h rRi oL Fr .yoos C Lo d�e ��S 8`�9g Uy/vsrS��j/ /¢UG �: a,. p�e�e: �o�ed M„a,�n pty rmtts? � Yes � IV� n no, is b�n�nip � °f=a"� C] �^Of'D�� O �inoorporaled C� °^d �^ti w� ��W P�aes is bcaled OR Towruhip and Caunty wher�a �ambin0 Premi�es is bcated if outside of ay► 6mits /r1o�� r , /�' .v o,�c� � Name and s leyai owner af prem�ses �y �� P C� �' �/ L F � O� 5 F �O � � i�l �� $ C/N/v�+'S/�Y �"v� �r� al�rv.K.` �s r� «�asoo own a,e a�,a�a� wne� a�e a� w� be �«,duaad� �s o No n no, aerad, nie baow:,p: ' a oopy d 1he leasa (torm LG20� with tenns b► at leaa orw year. ' a oopy of a skeoch of the Iloor plan wilh drnenaions, slwwinp what pay� �� , A leaso and skeld� an rwt required ior Class 0 appiwow�s. �y}v;}}T;n�y;�,r•Sj'��,}��$?' ��••,M1.�{ ..y ,�.;;.:..n........ 1 i:: • ;`.._5:�._.,_.._. .:.�r:.:'1F:v. �.1.}...�::�:?� : " " . '" '_ ' "':.. . ��.�''ik. *�'"l:'"""""'""_'" }?�POOGN!»ft8leeae�xw.mxw_w.....�....�.....'""""""_________.. , � ____ oz9d' U�.vQFs, .�.�e �r i�� -v Ss-Si'3 L . _ �� ,- , 15B � '�S�'� r - _� _ � _ llisnesota La�qfitT Gambti�p Premise Per�nit Application - Part 2 of 2 a� e.� �,� - �S.�.v� , :. ��DG€�' .. - __ � ,- r � /?�a � _ /�� 1� y -�.v . . .t/ E � 'rS�3 -z_. . . _ _ .: _ __ b c� ry - � a:auwung aize nutnonzasaon �1 am tFw chbf �xacutiva off'�cer of tha orpanization; i heraby oonseM that bcal law onbnoament off'�rs, tho •1 assuma iu� �asponsib�'it�r for tho fair and Iawful opera- board or �eMs of ttw board. or the oommissionor of ;- fion d all activitias b ba oondudad; rovonua or public safaty. o� a�aMs a� tha oommissionors. .� w�i fam�iarina mysaM with tha laws of M'innesota . may eMar ttw pramisas to a�oroa tlw law. ,' � Banlc Records Informatioa 9�m&g lawFui �ambGrq and �ules of tha board and ��YY. � r109f15�� t0 Bb�Y � iFqSA (SWS � NIAS. Tha boa�d is authorizod to insped tlw bar�C raoords o# ttw hduding amendmeMs m tham; . pambling socount whanever n�ssary �o fu�ip "�Y ��as in application i�formation wip ba submittad requiromeMs of cuRant �amb�uq ruks and Iaw. b�� unit of �ovemm�nt witha� 10 days �� of tFw change; and 1 dedare that: •1 understand that failuro to provide roquired 'mformatio� •I hava raad this application and all infonnation submittad «�y�� falsa or misbadin� ir�fonnation may resuft � to the board is trua. aocurate and oompleta; 1Fw denial or rev!ocatan of the license. -ap othe� roquirad information has baen fudy dsclosed; ' n re i, executive officar �o 1. Tha city •must sign this application ii tlw pambi'ug ptem- ises is bc�ted within city limits. 2 The oouMy "AND township" must sign this appi'�cation � tho gambling premises is bcated w�hin a�ownship- 3 The bcai unit ovemmeM (' or u st �!�i<=/— 4. e coov of the loc�i unit of �vemmenCs res�i��ion ao- nrovina this aenl'ication must be attached to this oo ication 5. Q this application is denied by tha bcal uni� oi �overnmoM. it shouid not be submitted to the Gambling CoMrd Board. 9 �Y ��Y) m� P� a Townshlp: By signatu�a bebw, tFw township ac�Cnowledges resolution speaf'�cally approvin8 or demrirg this appl'�cation. that the organization is aPPhri^9 for a pramises permit within - townshp limits. C1tY' Of COUntV" Tewn�hie** Title Tawnship Name S+preex�a oi Person reaeivirq application Dete Received � Till�e �� /� Refer td the instruetiora tor required atiadrr�. 1� b: Gamblinp Control Board Ros�wood Plasa SoWh, h�d Floor 1711 W. Count�► Road B RoNVpN. MN 55113 . , �..�.. __,. .�. , n � .. .. . _ �.�:,.. �� _ . �� ... . _ _. ... 15C _ ;�::,_.� .. ■ IDale Received L�GZ11(Pari Zj ��,, CITY OF FRIDLEY CATV ADVISORY COMMISSION MEETING, OCTOBER 23, 1991 ��»��_�� CALL,TO ORDER• Vice-Chairperson Scott called the October 23, 1991, CATV Advisory Commission meeting to order at 7:00 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Robert Scott, Duane Peterson, Burt Weaver, Paul Kaspszak Ralph Stouffer Clyde Moravetz, City of Fridley Mark Hammerstrom, Nortel Cable APPROVAL OF APRIL 24 1991 CATV ADVISORY COMMISSION MINUTES: MOTION by Mr. Kaspszak, seconded by Mr. Peterson, to approve the April 24, 1991, CATV Advisory Commission minutes as written. UPON A VOICE VOTE� ALL VOTING AYE, VICE-CHAIRPERSON SCOTT DECLARED THE MOTION CARRIED UNANIMOIISLY. APPROVAL OF AGENDA: MOTION by Mr. Kaspszak, seconded by Mr. Weaver, to approve the agenda as written. UPON.A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCOTT DECLARED THE MOTION CARRIED IINANIMOUSLY. I. STATUS OF SERVICE AVAILABILITY OF THE SENIOR MID-RISE APARTMENTS AT MISSISSIPPI STREET AND 7TH STREET: Mr. Hammerstrom stated they have wired the senior building at 460 Mississippi Street. At one point, they had 34 customers out of 102 units. Five have since disconnected, and they still have 29 customers. That is about 30% of the totaT units. II. NORTEL CABLE REPORTS: A. Receive Annual Written Operations Report Dated October 1, 1991 �6 CATV ADDISORY COMMIBSION MEETING, OCTOBER 23, 1991 PAGE 2 MOTION by Mr. Kaspszak, seconded by Mr. Peterson, to receive the annual written Operations Report from Nortel Cable dated October 1, 1991. Mr. Moravetz stated that regarding a rate increase to basic cable rates in January 1992, could Mr. Hammerstrom give the Commission an update on the amount of that increase? Mr. Hammerstrom stated that he could not give the Commission an exact number, but he believed the increase will be in the range of 5� for basic service. No increase is anticipated for pay services. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPER30N SCOTT DECLARED THE MOTION CARRIED ONANIMOIISLY. B. Receive Second Quarter 1991 Franchise Fee MOTION by Mr. Weaver, seconded by Mr: Kaspszak, to receive the Second Quarter 1991 Franchise Fee. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCOTT DECLARED THE MOTION CARRIED UNANIMOOSLY. C. Receive Third Quarter 1991 Franchise Fee OM TION by Mr. Kaspszak, seconded by Mr. Peterson, to receive the Third Quarter 1991 Franchise Fee. Mr. �Hammerstrom stated that, as determined by Mr. Moravetz, the Basic and Pay subscriber numbers for August were incorrect. Those will be corrected and resubmitted. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCOTT DECLARED THE MOTION CARRIED IINANIMOUSLY. • D. Receive Update on Mind Extension University versus The Learning Channel (Two Letters dated October 8, 1991, from Mark Hammerstrom to Clyde Moravetz) Mr. Hammerstrom stated the first letter pertains to the dropping of the Learning Channel which is unfortunate. In June, N�rtel Cable received notice from the Learning Channel that they were discontinuing their contract with Nortel. At the time, the Learning Channel had been purchased by the owners of the Discovery Channel; and he believed as a matter of form, was discontinuing all their contracts with the possible intention of renegotiating. To protect themselves, Nortel simply notified the Learning Channel that unless they receive some further information, Nortel accepts the fact that the contract 16A CATV ADVISORY COMMISSION MEETING, OCTOBER 23. 1991 PAGE 3 is no longer valid and will drop the Learning Channel on November 30 when the current contract expires. Mr. Hammerstrom handed out some information on the Mind Extension University. He stated it is a service started by Glen Jones, President and CEO of Jones International, who, among other things, owns Jones Intercable (one of the top five multi-system operators in the country). Glen Jones has become extremely wealthy over the years he has been in cable and has elected to start a service based on education. Mind Extension University is a method of using the television to earn GED credits, a bachelor's degree through Colorado State Uni�ersity and other affiliated orqanizations that work with Mind Extension University. Mr. Hammerstrom stated they are currently exploring Mind Extension University with the City and, hopefully, with the educational authorities, because, if the Learning Channel does cease to exist, it gives Nortel the unique opportunity of putting Mind Extension on at no charge. The condition is that it be placed on an educational access service. Essentially, the School District signs as the affiliate. In so doing, there is no charge for subscribers. Mr. Hammerstrom stated that Bloomington had a channel that was not being used, so there was no problem. Mr. Hammerstrom stated they will certainly try to make this happen, and he will keep the Commission updated. MOTION by Mr. Weaver, seconded by Mr. Peterson, to receive the update by Mr. Hammerstrom on Mind Extension University and the Learning Channel. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCOTT DECLARED THE MOTION CARRIED UNANIMOOSLY. E. Other Nortel Updates Mr. Hammerstrom stated subscriber numbers are on the rebound. Things seem to be coming out whether or not that is reflective of the recession or renewed sales activity. They are back up to almost 4,700 subscribers, and pay units are getting close to 2,200. Mr. Hammerstrom stated that regarding MSC, North Central will be adding MSC to their line-up in December as a permanent addition. They were able to do this through tiering. He did not believe that would work in Fridley. . : CATV ADVISORY COMMI88ION MEETING. OCTOBER 23. 1991 PAGE 4 Mr. Hammerstrom stated Nortel is now carrying pay-per- view North Star games. There will be a total of 17 games, plus play-offs and the Stanley Cup if the North Stars get that far. Mr. Hammerstrom stated that Halloween weekend, Thursday through Sunday, they will be doing their annual instant install campaign. If a new customer calls to get installed and the company cannot do it within six hours, the customer gets a turkey. The campaign was very successful last year. Mr. Kaspszak stated he also wanted to remind Commission members that the Workshop.and Nortel will be sponsoring the Bloodmobile on Halloween Day. Mr. Moravetz stated the Lions Club will be co-sponsoring the Bloodmobile. III. (E.T.C.1 FRIDLEY COMMUNICATIONS WORKSHOP: A. Second Quarter Financial Report Including Quarter Statistics OM TION by Mr. Weaver, seconded by Mr, Peterson, to receive the Second Quarter Financial Report including quarter statistics. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCOTT DECLARED THE MOTION CARRIED UNANIMOUSLY. B. Third Quarter Report to City Including Statistics MOTION by Mr. Weaver, seconded by Mr. Peterson, to receive the Third Quarter Report to City including statistics. Mr. Kaspszak stated he wanted to let the Commission members know that he has resigned as Chairperson of the Workshop. The new chairperson is Mark Hotchkiss. The new vice-chairperson is Dave Harvet. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCOTT DECLARED THE MOTION CARRIED UNANIMOUSLY. C. Director's Report dated August 7, 199i MOTION by Mr. Kaspszak, seconded by Mr. Weaver, to receive the Director's Report dated August 7, 1991. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCOTT DECLARED THE MOTION CARRIED UNANIMOUSLY. 16C CATV ADVISORY COMMI3SION MEETING, OCTOBER 23, 1991 PAGE 5 D. Director's Report dated September 5, 1991 MOTION by Mr. Weaver, seconded by Mr. Peterson, to receive the Director's Report dated September 5, 1991. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCOTT DECLARED THE MOTION CARRIED UNANIMOUSLY. E. Director's Report dated October 2, 1991 MOTION by Mr. Kaspszak, seconded by Mr. Peterson, to receive the Director's Report dated October 2, 1991. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SCOTT DECLARED THE MOTION CARRIED UNANIMOII3LY. F. Amega Video Toaster Purchase Mr. Moravetz stated he had brought this up at the April 1991 Commission meeting. He stated that all but $1,700 of the cost of the Amega Video Toaster ($5,500-5,800) was donated by different community organizations. He stated the Amega Video Toaster has been purchased and is in operation, and he encouraged Commission members to stop by and look at it and ask for a demonstration. IV. 1992 BUDGET UPDATE: Mr. Moravetz stated that at the last meeting the Commission had recommended that the E.T.C. receive $42,000 for 1992. He stated the Council has not yet completely established the 1992 budget, but the Council appears to be going with a 5� increase for CATV, so instead of $35,000 to $42,000, E.T.C. will receive $36,750 for 1992. Mr. Moravetz stated Commission had also requested.that the schools and conferences budget be increased to accommodate up to one staff and up to three Commission members for the annual NATOA conference and some money be budgeted for the MACTA conference in January. The City Council basically said.no to any travel out of state for Commission members, so the schools and conference budget basically stays the same as 1991 at $670 ($645 in 1991). V. OTHER BUSINESS: Meeting Dates for 1992 The Commission members agreed to meet quarterly on the fourth Wednesday of January, April, July, and October. The meeting dates are as follows: 16D CATV ADVISORY COMMISSION MEETING, OCTOBER 23, 1991 PAGE 6 January April 22 July 22 October ADJOURNMENT: 22 28 MOTION by Mr. Weaver, seconded by Mr. Peterson, to adjourn the meeting. Upon a voice vote, all voting aye, Vice-Chairperson Scott declared the October 23, 1991, CATV Advisory Commission meeting adjourned at 7:51 p.m. Resp ctfully sub itted, y Saba Rec rding Secretary � sE � _ � DATE: TO: FROM: SUBJECT: Community Development Department P G D�sioN City of Fridley November 14, 1991 William Burns, City Manager h!ir �1 ° �I' ` Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Extension of Variance, VAR #90-30, and Special Use Permit, SP #90-07, by Patrick and Rita Boyle; 6261 Rainbow Drive N.E. The City Council at their December 10, 1990 meeting approved a variance to reduce the side yard setback from 17.5 feet to 4.5 feet and a special use permit to allow a second accessory building in excess of 240 square feet for 6261 Rainbow Drive (see attached Action Taken letters). The Boyle's have been unable to begin construction of the garage within the one year time frame, and have requested that the City Council grant a one year extension of both the variance and special use permit (see attached letter). Staff recommends that the City Council grant a one year extensior� in order to allow the Boyles to construct their garage during 1992. MM/dn M-91-813 17 �..: . .::.: .;,; . :.: .. .. .. ... . .... ... .. . . .. . . .. . �� . � � , 'i � ., � � ,: - ; � �'v 6 ��:� G ,,/ j� � � ,� � �-- L.�� '-�f` �� .� � r r � . � .� � �,-�i,,� ._/Z ��-��//](j�� '�' ; ` `� � � �- V • j` � ��,v� �� _ _P—�-�., ,.� � � � _.��t� �, � %��) � � �` / ,,y .. ) rf a, �=�-� --YJI%� �� t' C • � � , �.-�� _� —�� ,� � . _�-�-� -�� , � l J,.-ek" �,�c� ./ � r� � ; '� �.�- _ �., .� ..�v� ..��—� � � F �s /I _ ✓` I • G� ��t 'Q .1%' L � ./�i .�,-y�2.. l �� _ �, � � � � ^ �� , ��i��..a _ :� �� ..n t (� �- �� 1 �� ,� ;. , . �� f ��`� � %/c.� � Q `LJ < �,�; ,a �� ,��•t� y 17A /' = 6� �.,�� --. � -��I � _ _ UTYOF FRtDLEY �_. FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE December 12, 1990 Pat and Rita Boyle 6261 Rainbow Drive N.E. Fridley, MN 55432 Dear Mr. and Mrs. Boyle: On December 10, 1990, the Fridley City Council officially approved your request for a variance, VAR #90-30, to reduce the side yard setback from 17.5 feet to 4.5 feet, to allow the construction of a second accessory building on Lot 1, Block 2, Sylvan Hills, generally located at 6261 Rainbow Drive N.E. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Si � ��arrbara Dacy Planning Coordina BD/dn Please Y•eview the noteci stipuiazions, return one copy to the City of Fr,� December 26, 1990. � � ��e s�caLeraer.� i.,�lo;a ar:c'. Planning Depy-t3.�tment �i 4 _ _ CfiYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE December 12, 1990 Pat and Rita Boyle 5262 Rainbow Drive N.E. Fridley, NIlJ 55432 Dear Mr. and Mrs. Boyle: On December 10, 1990, the Fridley City Council officially approved your request for a special use permit, SP �90-07, to allow a second accessory building in excess of 240 square feet on Lot 1, Block 2, Sylvan Hills, generally located at 6261 Rainbow Drive N.E., with the following stipulations: 1. 2. The accessory building shall be architecturally consistent with the existing house. The height of the accessory building shall be limited to 14 feet. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Si Ba�[`bara Dacy Planning Coo BD/dn Please review the noted stipulations, return one copy to the City of Fr� December 26, 1990. ,/ 17C he statement below and lann�nq pep�tment b� �A% 0 r e � � Community Development Department PLANNING DIVISION City of Fridley DATE: November 15, 1991 TO : Will iam Burns, City Manager �.� �' FROM: SUBJECT: Barbara Dacy, Community Deveiopment Director Consider Re-approval of Special Use Permit, SP #$9-08, for a Repair Garage, by 7570 Inc. ; 75�0 Highway 65 N.E. The City Attorney's office has forwarded the settlement agreement regarding the above-referenced special use permit to Michael Thompson (for 7570 Inc.) and Samir Awaijane. As part .of the settlement agreement, Michael Thompson has completed a new special use permit application in order for the special use permit to be issued to 7570 Inc. Also as part of the settlement agreement, a number of stipulations have been agreed to by 7570 Inc. and Samir Awaijane. Some of the deadlines for the improvements had to be changed, as some of them expired during the litigation. . After the petitioner executes the settlement agreement, the City Attorney's office recommends that the City Council re-approve the special use permit, subject to the stipulations to follow. It is anticipated that Thompson and Awaijane will sign the agreement by Monday evening. The City Attorney's office advises that if the settlement agreement is not signed by them, then the matter should be tabled until the agreement has been executed. Recommendation The fol�owing stipulations should be made part of the City Council's motion to approve reassignment of SP #89-08 to 7570 Inc.: l. 2. 3. The applicant must apply and be approved for a business license to operate a motor vehicle repair garage when ordinance becomes effective. All leaking fluids must be drained from vehicles parked on the premises. Damaged vehicle storage area shall contain an environmental drainage system. Re-approval of SP #89-08 November 15, 1991 Page 2 4. The special use permit shall not be transferable to a different ownership or control without approval of City Council. 5. Applicant must be 18 years of age. 6. Applicant must maintain current payments to the city, county, or state of taxes, fees, fines, or penalties assessed against applicant or imposed upon applicant in relation to a motor vehicle repair garage. 7. Applicant must operate or manage a motor vehicle garage premises in a peaceful and law-abiding manner. 8. The applicant, parties of interest in the business, or employees shall not be convicted of any ordinance violations related to the operation of the business, including theft or crimes involving stolen property or consumer protection statutes. 9. The applicant shall permit representatives of the Police Department, Fire Department, and Community Development Department to inspect the premises for the purposes of ensuring compliance with the law and special use permit stipulations at any time it is occupied or open for business. 10. The applicant mus� pass or correct any deficiency within 30 days of applicable government agency inspections such as fire, building codes, and law enforcement. 11. The applicant shall provide and maintain in full force and effect public liability insurance to indemnify any person against loss or injury in the sum of one hundred thousand dollars ($100, 000. 00) for injury or death to one person, three hundred thousand dallars ($300,000.00) for each accident or occurrence, and ten thousand dollars ($10,000.00) property damage, and shall contain a provision that no cancellation thereof shall become effective without thirty (30) days prior notice thereof in writing to the City Clerk. In addition, the applicant shall file with the City Clerk a public liability policy or certificate of insurance for each vehicle used in the business of it's motor vehicle repair garage. 12. The applicant shall maintain, on the premises, original records which shall include all work orders, estimates, invoices, and names of all customers for whom motor vehicle repairs have been performed. As used in this section, the term "invoice" shall contain that information required in Minnesota Statutes Chapter 325F.56 to 325F.65. Such records : � Re-approval of SP #89-08 November 15, 1991 Page 3 shall be immediately available for inspection and copying by enforcement officials and shall be retained for at least two (2) years. A customer has a right to a copy of documents maintained by the motor vehicle repair garage reflecting any transaction to which he was a party. A. The applicant is required to identify the source of the parts used on repaired vehicles. B. The applicant is required to keep a record of parts that are purchased and all purchased parts are to be paid by check rather than cash. C. The applicant is required to keep invoices and cancelled checks to establish the source of parts used on repaired vehicles. 13. The applicant sfiall not allow any automotive parts to be on the premises in which manufacturers identification numbers have been removed or altered. Manufacturers identification numbers include vehicle identification number (VIN); feder�l motor vehicle safety certification label; and component labels. Manufacturers identification numbers also include all references in the federal motor vehicle theft law enforcement act of 1984 and the federal motor vehicle theft prevention �tandard codified as part of the code of federal regulations. 14. Said permit shall be further conditioned on the stipulations of special use p�rmit, SP #89-08, as set forth in the June 6, 1991 Action Taken Notice, a copy of which is attached hereto as Exhibit A and made part hereof by reference. A copy of the August 3, 1989 letter of Darrel Clark referred to in paragraph 3 of Exhibit A is attached hereto as Exhibit B and made a part hereof by reference. Notwithstanding the foregoing, the parties agree that the completion date established in paragraphs 3, 4, and 5 of Exhibit A shall be extended to June 1, 1992, and the date of October, 1991 stated in paragraph 6 of Exhibit A shall be extended to July, 1992. BD/dn M-91-816 : : - _ CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FpX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE Samir Awaijane � V y o tii.iC��S LHV �11'liG-' iv' . r, . Fridley, MN 55421 Dear Mr. Awaijane: June 6, 1991 On June 3, I991, the Fridley City Council officially approved your request to re-issue special use permit, SP #89-08, to permit an auto body repair shop at 7570 Highway 65 N.E. The City Council approved the special use permit subject to the following six stipulations: 1. The special use permit shall be limited to Samir Awaijane, and is not transferrable to another tenant without Ci.ty Council approval. 2. The special use permit shall be reviewed on an annual basis by staff with a report to the City Council. Should a hearing by the City Council be necessary due to lack of compliance by the petitioner, the item shall be scheduled for City Council consideration as soon as possible. 3. The building code improvements outlined in Darrel Clark's letter of August 30, 1989 shall be completed for the building iw.}.. .+..:�C ��..a.i �vf ��i�� i��i�j a�..� v�tiil ') �r 1QOl �!�'1�� fCY 'f�'IP remaining building by September l, 1991. 4. The storage area for the auto body outdoor storage must be screened in compliance with the petitioner's submitted site plan which includes an eight foot wood fence enclosing the storage area. The surface of the storage area for the wrecked vehicles shall be constructed, as recommended by staff, either bituminous surface or gravel surface with or without impervious liner. The storage area screening shall be completed by August l, 1991. 18C Samir Awaijane June 6, 1991 Page 2 5. The parking lot shall be hardsurfaced, striped, lined with concrete curb, and landscaping installed as per the staff recommended plan by September l, 1991, unless the City Council, via a variance request, approves an alternate plan. 6. The staff's review and report to the City Council shall be scheduled on the first regularly scheduled Council meeting of October, 1991 for compliance with the above stipulations. I have already forwarded to you an Appeals Commission variance application and the schedule for the Appeals Commission and City Council action. If you have any questions regarding the above action, please call the Planning Department at 571-3450. S cer , ! arbara Dac Community Developme t irector BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by June 19, 1991. : � � - � Concur ith a i aken ✓--�� _ CITYOF F[ZIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E FRIDLEY, MN 55�32 •(612) 571-3450 • FAX (612) 57f-1287 Awgust 30, 1989 7570 Inc. ' 7570 Hic�n�ray #65 N.E. FYidley, Mn 55432 Re: Cbd�e Deficiencies at 7570 High�ay �65 N. E. , Fri.dley Dear SirS: � An inspec�tion ari June 29, 1989, of th�e above r�oted buildiryg, by Darnel Clark, Q�ief Building Offici.al arxi Bob Clauson, Eiectric�l Inspec.-tor, fau�d the follawirx,� cleficiencies: �f.�190�I DOOR Q�l1NY Buildir�g Inspectflr 1. R,epair po�wer verit in bathtmn. � 2. Provide Code c�ong�lyinq stair ar�d gua�drail to ar�d alcx�g mezzanine level. Electrical Inspector 1. R�nave extension oord wirirx,�. 2. Receptacle to be lacated above shop lights with grauxied oords to fixtvres. 3. Aooess required to servioe panel. 4. Electrical w�ork to be ocx�leted by a lioensed electrical oontractor. B�ODY�B T.V. T��i 1 dirx� Inspector 1. Repair pcxa�r vent ; it b2�thYVan. 2. Pt�o�vide hartidrails on stair anl install 42 itx'h guardrail with 12 irx3i spacin9 on rails on ope.n side of inezzanine. Electric,al Inspector 1. Wiriryg tfl unit heater to be vo�v�ec.�ted to mator p�rly. 2. Added r�oranetalic cable wirir�q to be installed to Qoc]�e by a licen.sed electrical oontractor. 3. R,eaBve extension oo�is tfl shop fixtures. Install reoeptacles abave fixtures with grau�ded aozds to fixtures. � 4. �uooess required to s�xvioe par�l. 18E � � � 7570 I�C. Re: 7570 Higtn�ray #65 N.E. Auyust 30, 1989 • �i,��'��,.;+ 1t;!i� � P�q� 2 1�� i 7 C11T1[J I.iL�CtOr 1. Reoo�u'iec.'t unit heater vent. 2. Provicle a code oou�lyinq stair to mezzanine arrd also provide a 42 irxi� guazdrail ari the apen sic3e of inezzanine. ► �� = � �?! �,; t d�4 � 1. Prvvid�e Qod�e c�o�lyi�g stair ar�d guardzail to ar�d alar�q taezzanine. 2. Central boiler moust be inspec.�tred arrd arty neoessar'Y ma3ntenatre ani r�airs m�st be macle. ..�� - . �� ., �.,� .�,,. . Building TT�rnOCtOr 1. Area ur�der stair n�tst be closed off � so that �ta�aqe can nat oocur at the ut�lersid�e of stair or area m�st be oavered with 5/8 ir�di fire cocie gyps'�an board. �H � . •, • � .• �. :.. � Fn�i 1 dirx� Inspector 1. PY�ovi.de pawer Vent in i�estY�oam. 2. Prwide pxa�per stair arrd rn�trcL�? 3 ca1 mezzanine. 3. Disoontinue st.or�ge undes stair or oover battam of stair with 5/8 inch fire oaie 9YPs�n board • � Electrical Inspectflr � 1. Shop lic,�ts r�eed three wire aorcLs with reoe�ptacles ar�d approved vard vannectors at fixtures. 2. Fill tu'uLSed spaces ]n p3r�e1. 3. Zlzree feet of clearan�oe �ired in front- of sexvioe panel - mave oa�ressor. 4. R�c�we nornnetalic cabel wirit�q. ��p�• 5. Propexly insta�ll voa�it with apprwed boac s�orts 6. Rew]s�e mak�e-u� ait' unit to Oode. 7. Flectrical work to be ooa�leted by a lioPn�ed electrical oocYtracto�r. Also, avoording to vorne.spoc�r�oe in aur files, there cioe.s eacist a buried tank located betw�een tibe taa buildirgs. �is tank nu.��-t be removed arid a permit for the removal is required. Zl1e �*�±!±it is administered thxax� atr Fire De�ar�nerYt. F��closecl is a sketc3z shawirtig the appirooci.mats locatian of the tar�lc. Please feel f�+ee to coc�ta�ct me at 572-360Z cor�oernirxJ �'YY �� Y'� �9ht h�ve an . the above noted it�. . .��(' t��' � � • •1' �1 N • - • • • a�'r"/ waa Cin►i 1 \�1..i � iL � � L..LGlu�1 18F . r � � DATE: TO: FROM: sos,7ECT: Community Development Department vG D�siorr City of Fridley November 1•'4, 1991 William Burns, City Manager �� • � - Barbara Dacy, Community Development Director Lisa Campbel ,r�lanning Associate Consideration of Lease Agreement with Anoka County Community Acti.on Program for the Property at 7899 Broad Avenue N.E. Anoka County Community Action Program (ACCAP) has proposed that the City of Fridley lease the residential property located at 7899 Broad Avenue N.E. This property was acquired as part of the Riverview Heights Park project. Leasing the property to ACCAP would allow them to provide transitional housing for one family for six and one-half months. The terms and conditions of the lease are set forth in the attached lease agreement. Significant features of the agreement include $1.00 consideration for the term of the lease and ACCAP's option to salvage usable materials from the house including removal of the house and garage at its expense. Staff Recommendation Staff recommends that Council approve the attached lease agreement. LC:ls M-91-821 Attachment LEASE AGREEMENT �hxs �ease Agreement, made and entered into this 19th day of November, 1991, by and betw��n the City oF Fridley, a public body, 6431 University Avenue N.E., Fridley, Minnesota 554�2, heXeinafter referred to a� the "City" and the A�naka County Community Action Program, �nc. a Minnesota prfvate nonprofit corparatio», �.201 89th Avenue N.E., Suite 345, Blaine, Minnesota 55434, herafnaf�er referred ta as "ACCAP"; WI'�'Nk:SSETH THAT: Wf�EREAS, t�e City Gux�ently owns o»e (i) residence situated in the City o� Fridley, County of Anvlta, State= af Minnesota:; leq�lly described as Lots 22, 23, 24, Black AA Riverview Heiqhts (herein�f'�er rePerred to as Praperty; �►�d, y,tHEgEAS, there is a demvnstr�ted need for transitional housing fox low income residents, particularly for families, in the service ae�.ivex.°y area af the City arid th� County of Anoka; and, WHEREAS, the City desires to assis� in fulfillinq said demonstrated need f4r transitional housing; �nd, WHEREAS, this� p�oper�y ba� been adapted �a he�.p fulf��l the need €or such hvusing; and, W�'EREAS, AC��P has formulated a transi�ianal hausing projeat for families and the general population to help Fulfill the need fo�c transitional hausing; and, WKE�tEAS, to aont,�nue this tran�s�ta.onal housing program, ACCAF desires ta leas� th�.s property and make availabl� far � An�ka Gounty residents to ii.ve a.n as paxt of the trans�tional haus�.r'ig project; and, WHE�EAS, ACCAP is expeXienced in the business of op�ra�ing and manz�ging real property simiYar to the abave describ�d prvperty. NOW �HEREF`ORE, in consideration af the mutual cavenants and agreements cantained her�in, Y.he parties do covenaht and aqree �s follows: �. �,��s�na. In cc�nsideratian for the paym�rtt and performance by ACGAP of its obliqation under this Agreement, the City hereby leases ta ACCAP, and ACCAP accepts, this P�dperty. The lease for this Property for the t�x'm oE thi�s agreement shall be ane dollar ($1.00j. ACCAP sha11 be �n exclusive control and poss�ssion of this Property and �.t�e City shail not be li.able for any in�ury vr $ny daraage ta a�y 19A ... ,. ... . ...�.,.r-�.........� ...:...... . . ... . . . . . . . . . . . . . . ...,�,�. . Lease Ag�eement November, 1�91 page 2 property ar ta a�y person hagpening on or abaut this Property or ariy pezson hereon. 2. Ma�.ntenance and_�epa.ir. - ACCAP shall, �t all �imes duti�q �he term�of this Agreement, at its own cost and expensc�, repair, replace; and �maintain in a good, safe and substant:Lal condition, all buildings and any_ imprQVements, additions, and a�terations th�r�ta on th�.� Property; and shall u�e a31 reasonable precautions to prevent waste, damage or injury to this Prop�rty. ACCAP si�all maintain this Property in goocA repai.r �.ncluding, but no� limited to,� �leatiinq, painting, decvra�ing, plUmbirtg, carpentry, groundscare and such other maintenance oz repair work as may b� riecessary. ACCAP fur�her aqrees ta �tintain this Praper�y in compliance with all applicable he�ith and safety laws of the state and af lacal units of Government wher� this proper�ty is located. At all times during the �erm of this Agreement, ACCA� shall maintain and repair this Property so �t sha21 not be in such a aanditian as to canstitute a violation oi any applicable, State, County or City health, hvusing, building, fire pr�vention, or housinq maintenance codes. ACCAP shall perform, ar cause to be performed, all of the covenants of the lessar ar lic�nsar u»der M�nri. Stat. Sec. 504.18, Subd. ].. 3. utilities. Al1 applicatians and connections far necessary utility services on �h�s Property shall be made in the name of ACCAP ortly, and ACCAP shall be solely l��►bl� �ar ut�.�.ity ch�rges as they became due, inCluding thase for sewer, water, gas and electr�.ci�y. q. 't'ax�s and Special Assessments. City shall pay any and all taxes and special assessments on this Prc�perty which becomes due and payable during the term of this Agreemen�. 5, tt�� 4� t is Property. This Property shail b� used and occupied solely by individuals p12�Ceti by ACCAP in the transitional housittg project. ACCAP shali maintain and aper�te the tr�nsit.ional housing prajeCt on this Property in accordance wi�h al]. State, County, municipal health and safety regula�t�ons. ACCAP shal�. not Use or permit this Property or any part thereof to be used for any purpose other than the purpose or purpases stated herein. ACCAP shali not permit this Property to, at Any time, be accupied by mor� then �ive (.5) unrelated per�ans. ACCAP shall further not permit any on-street parking of � Lease Agxeement November, 3991 page 3 au�omabilea af residents oE this Pr�perty, or the o�f-street parking of more then three (3) automobil�s. 6, e Contrac � Zt is agreed that nothi»c� rierein contained is int�ttded ax� should be construed in any manner as cx�eating or establishing a r�lationship af copartners batween the parties i�ereto. ACCAP is and shall remain an independent contractor with respect to ail s�rvic�s�and liabilities perfarmed und�r t.hi.s Agreement. All individ�als hir�d by ACCAP pursuant to this Agreement shall be considered employees of ACCAP and shall not be aonsidered emplc�yees of the City far any purpose or in any manne�r wh2�tsoever. 7.. Tttcic�tnni f i G'21t�QY1. The City shall no� be liabie for any loss, injury, death ar damage to persons or property which at any time may.be suffered or sustairied by ACCAP or by any persan wha may at any time be using or acaupyinq ar visitinq th�.s Property ar be in, an, ar �bvut the same, whether such loss, injury, death ar damage shall be caused by or any way result from or arise aut o� any act, omi:ssion, or n�gli.gence of ACCAP or of �riy accupant, sponsoring Agency, visitor, or user af any partian of this Progerty, or sha7.� resuXt �ram ar be �aused by any other ma�ter ar thing wh�ther oF th� same kind as or cf a dif �erent kind than the matters ar things abave set forth. ACC1�P shall indemnity the City aqainst all claims, liabilities, �.oss ar damage what�soever on account af any suGh loss, injury, da2�th or damage . � 8. InsurAnc�. ACCAP shali, at all times during the term of this Agreement, and at ACCAP's sal.e expense, keep a].1 improvements which ar� now or hereafter a part af this Praperty insured against lass ar damage by fire and the extended coverage haxards for full replacement value af such �mprovements. Full replac�ment value sk��ll be in �� amaunt of $50,000. ACCAP sha17. a�so maintain in effect throughout the term af this Agreement personal in�ury liabi�ity insurance covering the Pr�mises and its appurtenanc�s in th� amount af $600,000.0o for injury ta ar death a� any one person, and $1,500,OOU.00 fvr injury to or d�ath a� any number af persons in one accuxrenae and grap�rty damage liability insurance in the amvunt of $60U,000.00. ACCAP sha�.� at the time of the �Xecution of this Agreement and from time to time thereatter provide proof of said insurance. In the �vent of anX ioss, damage, vr destructian of this Praperty, any proceeds �ram sa�d policies shall b� paid tv the City who, in 19C ... vw �. • : M'K(�•n. ... .. .i .. ... . - . �.F . . . .. . � . .. . . .w -IV1Y:�... . i . . . v Leas� Agreement November, 1.991 page 4 its sole discretian, shall dete�nine whether the praceeds shall be uae�d ta rep2�ir or replace any and all improvements on this �roperty. ACCAP sha].1 h�ve the City named as the insured a� all p�aperty insuranc� policies and as 2�n add�.t�.o»al insured on a21 liability insuran�e policies require herein. 9. P,ss,�;gnmen�: Neither p8►x'ty to this Aqreemeht sha11 assign the Agxeement, nor any in��rest or rights therein, without �he written consent af the other. + � • � • ' � �A The City and t'.he City•s apgointed agents reserve the right to ent�x �his Praperty at a�li reasonable hours upan reasonable natice during the term of this Agreement an8 any renewal thereof for the purpose of in�peating this Property a�d all bui].d�ng impravements thereon. 11. '�a.e�}s... - .- ACCAP shall keep this Property and every part thereof and all buildings and other improvements at any �ime located ther�an free and clear o� any a»d all m�cbanics, materialman, and other liens �or or arising out of. or in conn�ction with work or �,a►bor .dane, �eXVice performed or materials or appliances used ar furnished for or i.n connection wita any operation a� ACCAP, ar�y alteration, improvements or repairs vr additians whiGh ACCAP may make or pertnit or cause t� be made, or any work or canstruction by, for or permitted by ACC�ip dn or about this Property, or any obliqations of any ki»d incurred by ACCAP, and at all times promptly and ful.ly pay, discharge any and all claims on which ar�y such lien may or could be based, and to indemnify the City and this Property �gainst a11 such liens �nd cl�ims of lf�ris and sui�s or other proceed�.ngs p�rtain�ng thereta, provid�d, however, that ACCAP shall not be respansibie to pay ar discharge any lien upon said Px�operty if the Zie» �.s not the result af the�.r act�ans under the terms oi' this Agreement. 12. Term af Agreement. Th�.s Agreem�nt shall be far a term commencing an November 19, 1991 subj�ct to paragraph 17 hereaf, terminating as to the entir� Property an May 31, 1992. � �3. ��,GCal�se O� ACCAP. AGCAP sha�.�. at all times during the tierm a� this Agr�ement maintain 19D .._w� ......,:r.,... ...... ...... ..... .. ..., r........,,v,,,,,,..... .,.: -.:....-» Lease Agreement November, 1991 paqe 5 such licenses and permit�, inc2.uding those required by the City af Fridlay, as are required for any of the varivus s�xv�.ces to be performed. 14� � ati4 of Aq�ment. The City may termi.rta�te this Agreem�nt upon ACCAP's fai��.ure to perfarm or abide by any of the terms or conditians,hereia. Priar to te�ainat�.an, the City sh��.l give �a ACCAP writt�n notia� of 'tlie grounds far �exminatia� and al�ow ACCAP �bix't� (30) days tv rem�dy the cond�.tions. ACCAP may terminate this Agreement, if in its sole discretion it determines that the tra�isitional housirig is no lanqer financia�.ly feasible, upon givi.ng sixty (�Oj days writteri natice to the City. Soth �arties ta this agzeement recagni.ze that the use af this Proper�y for transitional housing purgt�ses is a temporary use.. ACCAP shn17. have the xight, at itis option and at fts sole� expense, to salvaqe any usabl� materials from tihe house(s) ta be removed, including the right ta remove and relacate such house(r). ACCAP �cicriowledges that �he hause and garage must be removed from this praperty by May 32, 3992. ACCAP sh�ll have the right to remave either or both of these buildings with no charge to from the City, if they notify the City of their intent ta do sa s�.xty (6a) days pri.or to the terminatian date. �ailure to exercise this option ar to remove �it� buildings by the termihat�.on date will result in ACCAI� returning this Prapert}( to the City upan t�rmina�i.at� o� this lease periad. 15. Eaua7. Emnloym�nt Oppartunit� Civil Rights. During the term af this Agreement, ACCAP agrees to the fallowing: Na"person shall, on �h� grounds oF race, ca�.ar, religian, age, sex, d�s�b�,�,��y, marital status, affectional preference, public assistance stcttus, crimiri��. record, creed, ar nati anal or�.g�.n, be exoluded �rom full employment rights in, participation in, or denied the benefits of, ar be otherwise subj�ct to discriminatian under any program, service vr acti.vity under the provisions of �ny and ali ap�Yicable Federal and State laws against discrimination, including the Civil Rights Act of 1964. 16. �A+'�+ r�r�C�ic�s. Ali data collected, creat�d, received, maintained or disseminated, or used far any puXpases in the caurse of ACCAP's performance of this Agreement is gove�ned by tha Minnesata Govexnment Oata Fraatices Ac�, Minnesota Statutes 1984, Section 13,a1, e�. seq., or 19E r Lease Agreement November, 1991 page 6 any other applicable state statutes and any state ru.les adopted to implement the Act, as well as state statutes and federal � regulations on data privacy. ACCAP agrees to abide by these statutes, rules, and regulations as they may be amended. 17. Modifications This Agreement may not be modified unless such modification is in writing and signed by both parties to this Agreement. _ IN WITNESS WHEREOF, the parties have executed this Lease Agreemer�t on the day and year first above written. CITY OF FRIDLEY BY William W. Burns City Manager co 19F ANOKA COUNTY COMMUNITY ACTSON PROGRAM, INC. BY William Nee, Chairman Governing Board BY Patrick McFarland Executive Director Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: William W. Burns, City Manager fi�� PW91-347 FROM: John G. Flora,�Public Works Director Jon Thompson, Estimator & Construction Inspector DATE: November 13, 1991 SUBJECT: Change Order No. 2, Project No. 220, Skywood Lane Water Extension Project An additional 110 tons of No. 2341 bituminous mix was needed to complete the paving restoration on this project. The Cheri Lane portion of the project needed additional patching due to the extreme over-depth of the watermain where our tie-in took place. The watermain was 16 feet deep and our trench needed to be wider than originally anticipated. On 53rd Avenue, additional mix was necessary to beef up the section due to the heavy truck traffic going in and out of Menards. With Change Order No. 2, the total contract will be $119,226.00. The project was originally budgeted at $150,000.00. JT/mj r 2� / � FWDLEY , � CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE, N.E. FRIDLEY, MN 55432 November 18, 1991 Northdale Construction Co., Inc. 14450 Northdale Blvd. Roger.s, MN 55374 SUBJECT: Change Order #2, Skywood Lane Water Extension Project #220 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Skywood Lane Water Extension Project #220 by adding the following work: Addition• APPROX. ITEM OUANTITY PRICE AMOUNT 1. Additional Patching mix 110T $42.90 $4,719..00 TOTAL ADDITIONS . . . . . . . . . . . . . $4,719.00 TOTAL CHANGE ORDERS: Original Contract amount . . . . . . . . . . $108,632.00 Contract Additions - Change Order #1 & Change Order #2 • . . . . . . . . . . . . . . . $ I0, 594 . 00 REVISED CONTRACT AMOIINT $119,226.00 Submitted and approved by John G. Flora, Public Works Director, on the��th day q��November, 1991. by � . �J�lh..�.a.w by 20A ,�%' !� n G. Flora, P.E. Director of Public Works c Northdale Contracting Page 2 Change Order No. 2 - November 18, 1991 '� Approved and accepted this �� ~ day of (��- M.�� , 1991, by ' NORTH ONSTRIICTION COM INC. i `��- -- C; Thomas Wilebski, rjoect oor�dinator Approved and accepted this day of , 1991, by CITY OF FRIDLEY William J. Nee�, Mayor Willi.am W. Burns, City Manager 1 : Engineering Sewer Water Parks Streets Maintenance MEMORANDUM TO: William W. Burns, City Manager �� PW91-346 {� � FROM: John G. Flora,lrublic Works Director DATE: November 13, 1991 SUBJECT: Bids for the Emergency Repair of Well No. 5, Project No. 224 The bid opening for the Emergency Repair of Well No. 5, Project No. 224 was Thursday, November 7, 1991 at il a.m. Five companies requested and received specifications and plans of the bid proposals. We received and opened four bids for the Emergency Repair of Well No. 5(see attached bid tabulation form). Mark Traut Wells, Inc. was the low bidder at $38,865.00. Recommend the City Council receive the bids and award the contract to Mark Traut Wells, Inc. for the Emergency Repair of Well No. 5, Proj ect No . 2 2 4. JGF:ch Attach. 21 � � C1iYOF FRIDLFY Z O � W � a a c� c� z � � a +�- � t�9 !n � J h�¢- J !��- 3 O Z O m C H m i � a o c o z a- � .°. � � Z J e-i '" �"� W ti W � Q�j p p O F- e-1 � I Q Y - J F��- G~0 O ^ � ►-� 3 CC O � t,� W C.� � m .Q W a� W O C' oc z ,�z,� � � � � � 0 ' o 69 tn r� � � J � O W � F- 3 �. � 1 Z O � m . � 1 m � i I �� O r0 � � � �O 4-I UI �o � �. II ( I I I ��. �� i � Q � 0 I I I I C 1 1 I 1 d' (n M � C � e-�-I � r�i 00 rr-i-I N I.�n �-�i {�.� t17 g ] C c-i � > •rl y 0 f-� Ci' 3¢ Z f� C Z c0 D O t!� £ �•rl � U � � � X 1 i� Z (0 N� r1 J r-I p : N� f-� t� O N � � ? ~ t U 3za N r-NI !-� � M a � c0 tt') +� N r-i +� N' � � c-I C/) Y�i' in Op 0 • ■ 22 23 24 FOR CONCURRENCE BY THE CITY COUNCIL GENERAL CONTRACTOR Nystrom R L Construction 4008 Brookdale Dr Brooklyn Park, MN 55443 Pleasant View Construction 8310 Pleasant View Dr Mounds View MN 55112 HEATING Acclaim Service Inc 1759 Selby Ave St Paul MN SS104 PLUMBIN� Janecky Plumbing 720 Pontiac Pl Mendota Heights MN 55120 Jobco Plumbing 5225 Arrowood Ln Plymouth, MN 55442 SIGN ERECTOR Graphic House Inc 9204 Packer Dr Wausau WI 54401 Rodger Nystrom Merl Lensing � Edward Gores Dave Janecky James OBrien Julie Eade 24A iICEN8E8 Darrel Ciark CHIEF BLDG OFCL Same Clyde Wiley Bldg/Mech Insp STATE OF MTNN Same Darrel Clark CHIEF BLDG OFCL ' FRIDL�EY FOR CONCIIRRENCE BY THE CITY COIINCIL Halvorson Construction 4227 - 165th Avenue N.E. Anoka, MN 55304 NOVEMBER 18, 1991 ESTIMATES 1991 Miscellaneous Concrete Curb, Gutter and Sidewalk Project FINAL ESTIMATE . . . . . . . . . . . . . . . . . $ l, 320. 46 Pitt-Des Moines, Inc. P.O. Box 1596 Des Moines, IA 50306 Construction of the 1.5 MG Elevated Water Reservoir Project No. 201 Estimate No. 8 . . . . . . . . . . . . . . . . . $ 48, 721. 00 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Street Improvement Project No. ST. 1991 - 1& 2 Estimate No. 11 . . . . . . . . . . . . . . . . $ Z5, 017.10 Northdale Construction Co., Inc. 14450 Northdale Boulevard Rogers, MN 55374 Skywood Lane Water Extension Project No. 220 Estimate No. 3 . . . . . . . . . . . . . . . . . $ 12,425.83 Maier Stewart & Associates 1959 Sloan Place St. Paul, MN 55117 Clover Pond Diversion/52nc� Avenue Floodway Project No. 222 Partial Estimate . . . . . . . . . . . . . . . . $ 25 997.26 �- ESTINATE I�RKSlIEET F�is 1491 M18CELLANEOUS CONCRETE Gpt6,6UTTER t� �IDEMALK CITtl OF FR1DlE1 EN6IIIEERIN6 OEPARTMENT 6431 UIIIVERSITtl AVEIIUE N.E. FRIOLEy, MN. SS431 MAt.VORSON CONSTRIICTIOM 1227 liSth AVE. N. E. AIOKA, Ilq. S�TO� E6TINATE N0. 6�FINAU NITEt IqVEMiER 19, 1991 CONTRACI ITEM � QTREET MATER � BEMER OTHER ESqtOM OTIER TOTAL 1181 t408 1438 PED.RPS. tS9b INtp FT fT FT FT FT FT FT f f i t : _ _ 1. Re�ove md Replue Conc 675.00 Y10.00 i2.00 160.00 �9.00 0.00 1206.00 � Curb t� 6utter =6,750.00 =2,100.04 t820.00 :f,600.00 =790.00 =0.00 i12,060.00 2. Re�ore �nd Replue Conc 207.00 0.00 100.00 0.00 �8.00 0.00 Z7S.00 Curb i 6utter lltis ths i2,69f.00 t0.00 f1,300.40 f0.00 SB84.00 f0.00 N�97S.00 lieetl feeti S. Re�ove snd Repl�ce Conc Curb i� 8utter Mith 3 ft Concrete Apron lb• tAick) 4. Re�ove �nd Replu• Conc Curb i 6utter rith 3 ft Concrete Apron t6' thick) (le�s thtn BS liae�l feetl 0.00 0.00 0.00 0.00 f0.00 W.00 =0.00 :0.00 0.00 0.00 0.00 0.00 =0.00 =0.00 t0.00 t0.00 S. Construct S ft �ide l4• �187.00 2151.00 1536.00 0.00 thitk) Siderilk S2,S28.17 N,b75.85 t2,270.07 t0.00 6. Construct V�lley 6utt�r 0.00 0.00 0.00 0.00 =0.00 �0.00 =0.00 f0.00 0.00 0.00 0.00 =0.00 t0.00 :0.00 0.00 0.00 0.00 t0.00 t0.00 =0.00 0.00 i0.00 0.00 =0.00 0.00 SS73.00 t0.00 =9,474.10 0.00 0.00 =0.00 �0.00 TOTAI �� =11,969.1] =6�77S.66 :4,390.07 f1,b00.00 f1�674.00 W.00 f26,�09.10 TI� FOLLOIIIN6 AMOUNTS ARE TO 8E t�lAR6E0 TO EACN ACCWNiT F�t THIB E&TIMATE: 8t�eet (101-06-635-42�00-6351) f62S.OS il�ter t601-73-000-42400? =3PY�� 6eMer i602-7@-000-42400) f209.OS P�rk (10l-Ob-635,12400) =p.pp EscroM tS01-00-000-42400� f83.T0 HtA (236-37-000-42400) :0.00 OtAer t101-Ob-63S-4�400-b3S31 PeO. RaPs =80.00 TOTAL i1,120.46 25A C1T1 DF FRIDLEY Ep61NEERII� pEPARTMENT � 6431 UNIVERSITY AVENUE N.E. FRIDLEII, iM. �,5432 To: NDMORABLE MAYOR snd CITtl t�UMCIL CIT1� OF FRIGlEY L431 UIIIVERSIT� AVENUE N.E. fRIOLE�� NItlllESOTA SS432 ESTIMATE MO 6 IFINAI) OATEs IOVEMBER li, 1191 FORs IIALVOR50N t�NSTRUCTION � /127 1bSth AVENUE N.E. PROJECTs 1991 NISCEt.i.lUEOUS CO�ICRETE ANOKA, MN. SS301 CURB� 6UTTER Q SIDEMALK � COpTAACT ITEM ESTIMpTED UNIT INlIT QUANTIT� TOTAL TOTAI� � QIIANTITII PRICE THIS oUANTITY AMOUNT ESTIMATE 1. Rt�ove and Repl�ce Contrete Curb i 6utter f10.00 Lia. ft. 0.00 1106.00 f12,060.00' 2. Re�ove �nd Replue Cancrete Curh i 6utter q eft than BS � liae�l feetl i13.00 Lia. Ft. 9.00 175.00 i4,61S.00 S. Re�ove �nd Replue Concrete Curb i 6utter Mith S ft Nide Concrete Apron (6' thick� f0.01 Lin. Ft. 0.00 0.00 f0.00 4. Re�ove md Replue Concrete Curb 1� 6utter �ith 3 ft Mide Concrete Apron (6' thick) 'iless th�n 85 linezl feet) f0.01 Lin. Ft. 0.00 0.00 f0.00 S. Construct 5 ft Mide (4'— • thick �ideMtlkl f1.70 Sq. Ft. 0.00 S,S73.00 :9�174.10 6. Con:trutt V�lley 6utter �8.00 Lin. Ft. 0.00 0.00 =0.00 TOTAL t�LETED TO DpTE =2b,409.10 �� fSTIMATE 6UMMARYs Ori9inal Contr�ct A�arnt Contrut Additions Contract peductio�s Revi�ed Cont�act A�ount Yalue Co�pleted Ta D�te A�ouat Retiined 10t1 A�ount Piid To 6tte AMOUNT Ol� TNIS ESIIMATE CERTIFICATE OF TNE CONtRACTOR �'1S,S01.30 s0.00 50.00 i1S,S02.30 =26�409.10 =0.00 i1S�06B.b4 - f1,S20.46 I Aerrbr certify th�t the Mort perfor�ed md the uteri�ls wpplied to dite rnler ter�t of the cont�ut for the referenced project, snd �11 wthorized cb�nqe� tbereto� A�ve sn utual rilue under tbe tontr�ct of thr �wnnts shom oa thii e�tiute i�nd the fia�l qusntitits of the fintl e�tiute �re correctl, �nd tb�t this tttiNte i� juct �nd correct and e pirt of the •AMOUNT DUE THIS ESTIMATE' Au been recieved. n � ,/ Hy --�_ C� •�_��.c��-`�- D�te � J Cont ctor's Autaori:ed Represent�tive tTitlel CERTIFICATE OF T1� EN6INEER I bereby certify thit 1 b�vt p�ep�red or t��ined this e�ti�it�� nd tA�t the contrutor is entitled to p�r�ent of this estiut• under tbe cont��ct far �eferenc�d ��oject. CITY OF FRIOLEM, INSPECT BY� __ �G`�.� etk G.:� - I�IJG-^-�- . �Y ��____,�� O�te__�____�� - 1 � Resp.�tf�tir .it , e � n 6. Flort, P.E. ' Pu6lic Mork� Oirector 25C November 18, 1991 City of Fridley 1991 MISCELLANEOUS CURB, GUTTER AND SIDEWALK PROJECT PREVAILING WAGE VERIFICATION This is to certify that Halvorson Construction has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. HALVORSON CONSTRUCTION �• Dave Iialvorson, President 25D 0 November 18, 1991 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY 1991 MISCELLANEOUS CURB. GUTTER & SIDEWALK PROJECT We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the proj ect. Al1 deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a . reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one year maintenance bond, starting from the day of the final inspection that being November 15, zion tnspector �d�.�..,�.��- Contractor Representative (Title) 25E 0 November 18, 1991 City of Fridley 1991 MISCELLANEOUS CONCRETE CURB, GUTTER AND SIDEWALK PROJECT CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $26,409.10 and the final payment of $1,320.46 for the improvement project would cover, in full, the contractor's claims against the City for all labor, materials, and other work done by the contractor under this project. � I declare under the penalties of perjury that this statement is just and correct. HALVORSON CONSTRUCTION 4� .�,��,, Dav Halvorson, President 25F CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION. 6431 University Avenue N.E. Fridley, Minnesota 55432 November 18, 1991 ' Honorable Mayor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fridley, 1�T 55432 Council Members: CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for the 1991 Miscellaneous Curb, Gutter and Sidewalk Project for Halvorson Construction, 4227 165th Avenue N.E., Anoka, I�1 55304. • We have viewed the work under contract for the construction of the 1991 Miscellaneous Curb, Gutter and Sidewalk Project 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 November 15, 1991. Respectfully submitted, John G. Flora, Director of Public Works Prepared b: Checked by 25G