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11/01/1993 - 4937WILLIAM w. avxxs CITY MANAGER COIINCIL MEETING NOVEMBER 1, 1993 '/ _ FRIDLEY CITY COIINCIL F�� NOVEMBER 1, 1993 PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Council Meeting of October 18, 1993 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items Not on Agenda - 15 Minutes) NEW BUSINESS: � Receive Letter of Resignation of Councilmember Edward J. Fitzpatrick . . . . . . . . . . . . . . . 1 PUBLIC HEARING: Ordinance Establishing Chapter 128 Entitlect;",4batement of Public �� ,�� Nuisance" to the Fridley City �� Code...................................... 2-21 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 1, 1993 Page 2 OLD BUSINESS: Approve Purchase Agreement between the City of Fridley and Scott Kohanek for the Purchase of Property ��,�. Generally Located at 6116 Central Avenue N.E. (Tabied October 18, ,�,�� ' 1993) ......................�4. ... �4� ` Approve Lease Agreement between the City of Fridley and Edward �� C. Andrix, Iil, and Donna Marie � Melich, for Property Generaliy nc�� ...... 3-3C Located at 6116 Centrai Avenue �� u�- N.E. (Tabled October 18, 1993) . . . . . . . . . . . . . . . . . . . 4 - 4A Approve Agreement Between the City of Fridley and Professional Redevelopment Resources, Inc., for Relocation Consulting Services (Tabied October 18, 1993) . . . . � � ..... .� � � ... - � . 5 5D Approve agreement Between the County of Anoka and the City of Fridley for the ,� Installation of Traffic Control Signals ,�,� ��ti at the Intersection of CSAH No. 8 and � �'f� �� the Main Entrance to Unity Hospital � �� (Tabled October 18, 1993) . . . . . . . . . . . . . . . . . . . 6 - 6E FRIDLEY ClTY COUNCIL MEETING OF NOVEMBER 1, 7993 Page 3 OLD BUS�NESS (CONTINUED� Resolution Appropriating Municipal State Aid Funds to a Municipal ;�� ',!'� Off-System Project (Tabled , � October 18, 1993) . . . . . . . . . . . . . . � � � Award Contract for Locke Lake Park Filter Plant, Project No. 240 (fabled October 18, 1993) . . . . . �� .... s! . . rF �� ,; � / �� / .... 7 . .. . . Award Contract for the Lease/Purchase of a Sidewalk Snowplow and Accessories � ,�,- a (Tabled October 18, 1993) . . . . . . . _ . . . : � �,� � . . 9 - 9C �� Approve Change Order No. 2 to Twin City Army Ammunition Plant Interconnect Line, Project No. 248 (Tabled October 18, 1993.) . . . . . . . Resolution Authorizing Submission of the Grant Application and Execution of the Grant Agreement - Federal Police Hiring Suppiement Program (Tabled October 18, 1993) . . . . . . . . . . . . . . � 1 c� � � .. ,�., ..... � 10 - 10C � � �� i .............. 11 -11A. �i FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 1, 1993 Page 4 NEW BUSINESS�CONTINUED): Appointment: City Empioyees 1 .r� .. .......... � � � Establish Public Hearing for December 1, 1993, for an Ordinance mending C a t of the Fridley City C rt r ! . . ^ CJ ,� 9 � � \ : � �-� Extend Special Use Permit, �P #90-07, Variance, VAR #90-30, by Patrick and � Boyle, for Property Generally Locate 6261 Rainbow Drive N.E. . . . �, � 12 "........... 13-13C / ��r'+��,�;� ............. 14 �� Resolution for Submission of Grant ;�, / Application to the State Board of � Government Innovation and Coopera#i � for the Proposed Regional Senior Cent . . . . . . . . . . . . . 15 - 15B Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . 16 FRIDLEY CITY COUNClL MEETING OF NOVEMBER 1, 1993 Page 5 NEW BUSINESS (CONTINUED): Claims. . . . . . . . . . . . . . .. . . �. . . . . . . . . . . . . . . . . . . 17 � n�� 1" , i d Licenses . . . . . . . . . . . . . .�,�;�'. . . . . . . . . . . . . . . . . . . 18 - 18C �� Estimates . . . . . . . . . . . . ,� . . . . . . . . . . . . . . . . . . . 19 ti �� ADJOURN: THE MINIITES OF THE FRIDLEY CITY COIINCIL MEETING OF OCTOBEA 18, 1993 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 18, 1993 � The Regular Meeting of the Fridley City Council was called to order at 7:40 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the F1ag. ROLL CALL' MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, and Councilman Billings MEMBERS ABSENT: Councilman Schneider and Councilman Fitzpatrick APPROVAL OF MINUTES:. COUNCIL MEETING, OCTOBER 4, 1993: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: ANOKA COUNTY SHERIFF KENNETH G. WILKINSON: Sheriff Wilkinson stated that his purpose for attending this meeting was to continue the effort of good communication between the Anoka County Sheriff's Department and the communities they serve. He stated that the working relationship between the Sheriff's Department and the Fridley Police Department is excellent. Sheriff Wilkinson stated that the Fridley Police Department investigates most of the crimes that occur in the City. He stated that A.C.S.o. (C.I.D.) investigated that this number was up from 248 to 252. He stated that these incidents involve death investigations, sexual assaults, and drug enforcement activities. He stated that there were 58 death investigations in Fridley in 1992. The sexual assaults are increasing in the County with 551 cases reported this year compared to 495 the previous year. He stated that 82 of these assaults occurred in Fridley, an increase from 54 for the previous year. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 2 Sheriff Wilkinson stated that the County's drug enforcement unit is staffed by four full-time investigators, as well as a deputy assigned from the patrol division. An officer from the Fridley Police Department also works with their unit. He stated that in 1992, there were 448 drug complaints resulting in 180 arrests. He stated that hard core drugs are in the Anoka County communities, and the drug enforcement unit investigated 57 cases in Fridley during 1992. So far in 1993, the activity is at or surpassing last year's figures. Sheriff Wilkinson stated that the County provides crime lab services in the areas of fingerprinting, reconstructing accident scenes, and line-ups. He stated that another service available is the County jail. Over 9,500 people were booked in 1992, and Fridley is one of the leading contributors. He stated that the County does not currently have a canine unit since the death of the canine dog, but the dog will be replaced the first part of next year. He stated that the SWAT team assists with barricaded suspects or hostage situations. The dogs are also used as an entry team for drug enforcement operations. Councilwoman Jorgenson stated that the City enjoys working with the Anoka County Sheriff's Department, and Sheriff Wilkinson's cooperation is greatly appreciated. Mr. Herrick, City Attorney, asked how the new fingerprinting technology was working and if it is proving to be useful. Sheriff Wilkinson stated that the new technology in processing fingerprints is a live screen fingerprint where a picture is actually taken, rather than using the old ink and roll method. He stated that Anoka County was one of the first to acquire this technology, and it is working well. He stated that their agency is the only one that is�on-line with the State Bureau of Criminal Apprehension. He stated that this fingerprinting technology is growing. The FBI is working to gain this technology, and it is expanding. Mayor Nee thanked Sheriff Wilkinson for coming to the meeting. He stated that the City is very proud of the relationship between the Fridley Police Department and the Anoka County Sheriff's Department. PROBLEMS AT MOORE LAKE APARTMENTS: Ms. Carolee Zinter, Site Supervisor at the Moore Lake Apartments, stated that they are experiencing major problems with juveniles in another complex in the area. She stated that these juveniles break windows, throw dirt, scratch vehicles, and knock down people with their bikes. She stated that there is no cooperation from the parents of these juveniles. She stated that she wanted the Moore Lake Apartments to be a complex the City can be proud of, but she FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 3 needs assistance from the Police Department because people will be, moving out. She stated that she has talked with the supervisors of the other units, and she felt that perhaps a meeting should be held to discuss these problems. Mayor Nee stated that the Council has been very concerned. Within the last six months the City has started to develop ways in which to deal with these problems. Mrs. Wells, 1000 Lynde Drive, stated that she is experiencing trouble with a family. She stated that members of this particular family have broken her window wells and fence. She stated that when she tells the parents, they do nothing except swear. She stated that the owner of Polk Apartments also has done nothing. He stated that he cannot afford to get rid of this family. She stated that there is another apartment complex that has no caretaker. She stated that she would like some action taken in regard to the Polk Apartments because they are trouble. Councilwoman Jorgenson stated that the owners of the apartments can be identified through the City's records. She stated that a letter was received from Carolee Zinter dated October 18, 1993. MOTION by Councilwoman Jorgenson to receive the letter from Carolee Zinter dated October 18, 1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Dave Sallman, Public Safety Director, stated that Ms. Zinter has been in contact with Gary Lenzmeier, Assistant Public Safety Director. He said that there really is a problem, and the Police Department will do everything they can to try and resolve it. He stated that it sounds like it is basically one family that is involved. � Councilwoman Jorgenson stated that she understands this juvenile will be appearing in court shortly, and the letter that Ms. Zinter has submitted and any other information should be sent to the judge. She stated that the City has been working with a youth outreach wor�er to try and resolve some of these situations. She stated that the City has also decided to add three police officers for next year to afford better protection for the people in the community. She stated that youth crime activities are a great concern to the Council, and she supported working with the apartment owners to try and resolve the issues and to find other activities in which juveniles can be involved rather than harassing the community. Ms. Dacy, Community Development Director, stated that the City is in the process of implementing an inspection program for rental units and is working with the Minnesota Housing Finance Agency to develop a rehabilitation loan program to make improvements to FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18 1993 PAGE 4 multi-family and other types of units. She stated that the City has an in-house staff which meets to try to address problems that are occurring in multi-family buildings. Mayor Nee advised the residents that the City would try and assist them with these problems. PUBLIC HEARINGS: 1. PUBLIC HEARING ON REZONING RE4UEST, ZOA #93-01. BY OLIVER TAM TO REZONE PROPERTY FROM C-3. GENERAL SHOPPING CENTER TO R-3 GENERAL MULTIPLE DWELLING ON PROPERTY GENERALLY LOCATED AT 1160 FIRESIDE DRIVE N.E. (CONTINUED FROM OCTOBER 4 1993)• MOTION by Councilman Billings to reopen the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing was re-opened at 8:10 p.m. Ms. Dacy, Community Development Director, stated that the parcel involved in this rezoning is the site of Tam's Fireside Rice Bowl. She stated that the property is currently zoned C-3, and the request is to rezone the property to R-3. She stated that the properties to the north and south are zoned C-3, and the properties to the east and west are zoned R-4. Ms. Dacy stated that the petitioner, Mr. Tam, wishes to subdivide the property to create two parcels separate from the commercial property where the restaurant currently exists. She stated that this rezoning involves about 20,000 square feet of the pareel which would allow for a single family home, duplex, or triplex on the lots. She stated that the original request was to rezone about 35,000 square feet, so the revised request covers less square foatage. Ms. Dacy stated that the concern about this rezoning was that the parking area for a commercial restaurant would encroach on the residential property; however, this revised rezoning request places the parking lot for the restaurant completely outside the residential iots. Councilman Billings felt that this revised request is much better for everyone concerned, and he asked Mr. Tam if this plan meets his needs. Mr. Tam, the petitioner, stated that the revised rezoning request is fine, and the reduction in the size of the lots would fit his plans. No other persons in the audience spoke regarding this rezoning request. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18. 1993 PAGE 5 MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:15 p.m. 2. PUBLIC HEARING ON PRELIMINARY PLAT RE UEST, P.S. #93-03, BY OLIVER TAM TAM ADDITION TO REPLAT PROPERTY GENERALLY LOCATED AT 1160 FIRESIDE DRIVE N.E. (CONTINUED FROM OCTOBER 4, 1993): MOTION by Councilwoman Jorgenson to reopen the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing was re-opened at 8:15 p.m. Ms. Dacy, Community Development Director, stated that the petitioner, Mr. Tam, has revised the lot lines for the residential buildings so that each lot totals at least 10,000 square feet. She stated that this would permit a duplex or a triplex to be built on these lots with adequate room to accommodate a garage and parking area to meet the parking requirements of an R-3 district. Ms. Dacy stated that the south lot will have a flag adjacent to the west property line, and the north residential lot will directly abut Fireside Drive. She stated that the driveway for the south lot will be located within the narrow strip adjacent to the west lot line, and the home should face to the east so that if a property is re-subdivided, the home would be facing a new street. Ms. Dacy stated that the setbacks on this lot should be established so that the east lot line is the front yard, the west lot line is the rear yard, and the remaining lines are side yards. She stated that driveway access will be shared between the two lots, and a private driveway easement must be executed and recorded with the plat. She stated that there should also be language included that the property owner will maintain and repair this shared driveway. Councilwoman Jorgenson asked the location of the front yard for the dwelling to the north. Ms. Dacy stated that the dwelling could either face Fireside Drive or, depending on the design, could face to the east. Mayor Nee asked Mr. Tam if this proposal is consistent with what he had planned for this parcel. Mr. Tam stated that it would be satisfactory with him for the dwelling on the south lot to face east. Councilwoman Jorgenson asked Mr. Tam if he had seen the stipulations for this plat. Mr. Tam stated that he had reviewed the stipulations and was in agreement with them. FRIDLEY CITY COIINCIL MEETING OF OCTOBER 18 1993 PAGE 6 Ms. Dacy stated that Councilman Schneider wanted to make sure the surrounding property owners were notified of this meeting. She stated that this had been done. No other persons in the audience spoke regarding this proposed plat. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:22 p.m. 3. PUBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. STREET 1992 - 1& 2: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:22 p.m. Mr. Pribyl, Finance Director, stated that this street improvement project. is for grading, concrete curb and gutter, Class 5 base material, asphalt pavement, storm drainage piping, signing, striping and landscaping. He stated that this project involved the following: Gardena Street, Main Street, 67th Avenue, Rice Creek Terrace, Hathaway Lane, Hillwind Road, Rice Creek Road, West University Avenue Service Drive, City overlays and residential driveways, and the parking lots at Moore Lake Beach and Riverview Heights Park. He stated that the total cost of this project was $1,256,255.08 and will be assessed over a ten-year period at an interest rate of 6-1/2 percent. He stated that property owners can pay the total amount af the assessment within thirty days with no interest. � No persons in the audience spoke regarding this assessment. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:25 p.m. 4. PUBLIC HEARING ON ASSESSMENT FOR TREATMENT AND REMOVAL OF TREES, 1993• MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:26 p.m. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 7 Mr. Pribyl, Finance Director, stated that this assessment is for the treatment and removal of trees in 1993 for a total amount of $606.49 and involves one property. He stated that this assessment will be for a five-year period at an interest rate of 6-1/2 percent. He stated that the property owner may pay the total assessment within thirty days without any interest. No persons in the audience spoke regarding this assessment. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:27 p.m. OLD BUSINESS• 5. CABLE TELEVISION COMMISSION APPOINTMENT (TABLED OCTOBER 4, 1993 : MOTION by Councilman Billings to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. VARIANCE REQUEST. VAR #93-23` BY ST. PHILIP'S LUTHERAN CHURCH� TO ALLOW THE DISPLAY OF A TEMPORARY SIGN FOR MORE THAN TWO WEEKS, GENERALLY LOCATED AT 6180 HIGHWAY 65 N.E. (TABLED OCTOBER 4, 1993): MOTION by Councilwoman Jorgenson to remove this item from the table. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwoman Jorgenson stated that it is her understanding that St. Philip's will be requesting a new variance, and the church wishes the fee to be waived for the new variance request. Ms. Dacy, Community Development Director, stated that the Council would have to table this request until a new variance is received and this request is withdrawn. MOTION by Councilwoman Jorgenson to table this item. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS- 7. APPOINTMENT - CITY EMPLOYEE: Mr. Burns, City Manager, stated that he is pleased to recommend Rose Griep for the position of Public Safety Projects Coordinator. He stated that Ms. Griep was chosen for this position from 126 applicants. She has been with the Fridley Police Department since 1990 as a Crime Prevention Specialist. He stated that she is FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18 1993 PAGE 8 President of the Minnesota Crime Prevention Officers Association and has been a member and leader in various organizations dealing with crime prevention. Mr. Burns stated that Ms. Griep has also worked with Anoka County Youth Services, Kids Assistance Program at Stevenson Elementary School, the Fridley Community Education Advisory Council, and the City's Employee Relations Committee. MOTION by Councilwoman Jorgenson to concur with the following appointment by the City Manager: Starting Name Position Salarv Rose M. Public $35,725.68 Griep Safety per year Projects $2,977.14 Coordinator per month Exempt Starting Date Replaces Oct. 19, Timothy 1993 Turnbull Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RESOLUTION NO. 84-1993 AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49, AFL-CIO (PUBLIC WORKS MAINTENANCE) FOR 1994:. Mr. Burns, City Manager, stated that this labor contract with Local No. 49 involves a three percent increase in wages, an increase in the maximum contribution of the City towards health, life and dental insurance of $20.00 per month for those employees electing dependent coverage, and a change in the base amount of group term life insurance coverage from $10,000 to $25,000. MOTION by Councilman Billings to adopt Resolution No. 84-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 603 "INTOXICATING LIQUOR," BY AMENDING SECTION 603.20: Councilman Billings stated that it was brought to his attention that the City has an ordinance that requires waiters, waitresses, and bartenders to actually apply for a license from the City. He stated that Fridley is one of the few cities in the area that requires such a license, and it is difficult to define a public purpose served by this requirement. Councilman Billings stated that by requiring such a license, there is the potential for abuse if someone wants to find out a particular waiter, waitress, or bartender's name and address. He felt that this possibility far outweighs any public purpose. He stated that this proposed change in the ordinance would be FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18 1993 PAGE 9 restricted to managers of these establishments obtaining a license and eliminating the other employees from this requirement. Councilman Billings stated that he worked with the Police Department and Finance Director in drafting the language to eliminate this license for waiters, waitresses, and bartenders. He stated that in checking with the on-sale liquor license operators, they do not rely on the City's investigation when hiring their personnel. This requirement only applies to the nine on-sale businesses that have a liquor license in the City and not the club licenses. MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. RESOLUTION NO. 85-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO FRIDLEY AMERICAN LEGION POST 303• Mr. Pribyl, Finance Director, stated that the Minnesota Gambling Control Board requires local jurisdictions to adopt a resolution approving or denying this type of premise permit. MOTION by Councilwoman Jorgenson to adopt Resolution No. 85-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 86-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO FRIDLEY VFW POST 363• MOTION by Councilman Billings to adopt Resolution No. 86-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION NO. 87-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO LIONS FRIDLEY CLUB �FOR MAPLE LANES, 6310 HIGHWAY 65 N.E.): MOTION by Councilwoman Jorgenson to adopt Resolution No. 87-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RESOLUTION NO. 88-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO LIONS FRIDLEY CLUB SFOR T.R. MCCOY'S, 7820 UNIVERSITY AVENUE N.E.): MOTION by Councilman Billings to adopt Resolution No. 88-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 10 14. EXTENSION OF SPECIAL USE PERMIT REQUEST SP #92-01 AND VARIANCE RE4UEST, VAR #92-02, BY WALTER KLUS GENERALLY LOCATED AT 7883 EAST RIVER ROAD N.E.: MOTION by Councilman Billings to grant an extension of Special Use Permit Request, SP #92-01, and Variance Request, VAR #92-02 until April 30, 1994. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive a copy of a letter dated October 18, 1993 from Brooks Foods, Inc. addressed to Wally Klus. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 1 1993 FOR AN ORDINANCE ESTABLISHING CHAPTER 128 ENTITLED "ABATEMENT OF PUBLIC NUISANCES" TO THE FRIDLEY CITY CODE: MOTION by Councilwoman Jorgenson to set the public hearing on this proposed ordinance for November 1, 1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Billings to make a copy of this proposed ordinance available to the Focus News for an informational article. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. APPROVE HOLD HARMLESS AGREEMENT BETWEEN THE CITX OF FRIDLEY AND STEINWALL, INC.. TO ALLOW CONSTRUCTION OF A 10' BY 10' GAZEBO IN THE EA5EMENT, ON PROPERTY GENERALLY LOCATED AT 7875 RANCHERS ROAD N.E.: Ms. Dacy, Community Development Director, stated that Steinwall, Inc. wishes to construct a gazebo in a drainage and utility easement. She stated that they want this gazebo in order to provide an exterior smoking room for their employees who smoke, as the company has instituted a smoke-free policy. She stated the utility companies have been contacted, and they do not have any concerns regarding the location of this gazebo. She stated that it is recommended that the Council approve the hold harmless agreement with Steinwall, Inc. to allow construction of the gazebo in the easement which releases the City from any liability should the easement need to be accessed by any of the utility companies or the City. MOTION by Councilman Billings to approve the hold harmless agreement between the City and Steinwall, Inc. and authorize the appropriate City officials to execute same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COLINCIL MEETING OF OCTOBER 18, 1993 PAGE 11 17. APPROVE PURCHASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND SCOTT KOHANEK FOR THE PURCHASE OF PROPERTY GENERALLY LOCATED AT 6116 CENTRAL AVENUE N.E.: Ms. Dacy, Community Development Director, stated that she understands that because there are only three councilmembers present this evening action cannot be taken on this item. MOTION by Councilwoman Jorgenson to table this item to the November 1, 1993 Council meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 18. APPROVE LEASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND EDWARD C. ANDRIX III AND DONNA MARIE MELICH FOR PROPERTY GENERALLY LOCATED AT 6116 CENTRAL AVENUE N.E.: MOTION by Councilman Billings to table this item to the November l, 1993 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND PROFESSIONAL REDEVELOPMENT RESOURCES, INC., FOR RELOCATION CONSULTING SERVICES• MOTION by Councilwoman Jorgenson to table this item to the November 1, 1993 Council meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee decZared the motion carried unanimously. 20. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND INDEPENDENT SCHOOL DISTRICT NO. 14 TO LEASE THE "A" FRAME BUILDING LOCATED AT NORTH INNSBRUCK PARK: MOTION by Councilman Billings to approve this agreement between the City and School District No. 14 for lease of the "A" frame building at North Innsbruck Park and to authorize the appropriate City officials to execute same. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 21. MOTION DIRECTING PAYMENT FROM THE CABLE TELEVISION FRANCHISE FEES TO INDEPENDENT SCHOOL DISTRICT 14 FOR THE PURCHASE OF A CHARACTER GENERATOR: MOTION by Councilman Billings to table this item to the November 1, 1993 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 12 22. APPROVE AGREEMENT BETWEEN THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY PROVIDING THE CITY DRIVEWAY AND UTILITY EASEMENTS FOR ACCESS TO THE FRIDLEY FIRE TRAINING FACILITY: Mr. Flora, Public Works Director, stated that this agreement provides the City driveway and utility easements from the County for access to the fire training facility. MOTION by Councilwoman Jorgenson to approve this agreement between the City and Anoka County providing the City driveway and utility easements for access to the fire training facility and authorize the Mayor and City Manager to enter into this agreement. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 23. APPROVE AGREEMENT BETWEEN THE COUNTY OF ANOKA AND THE CITY OF FRIDLEY FOR THE INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF CSAH NO. 8 AND THE MAIN ENTRANCE TO UNITY HOSPITAL• Mr. Flora, Public Works Director, stated that this agreement with Anoka County is for installation of the Opticom system at a cost estimate of $8,640 and is to be installed in conjunction with the traffic signal. He stated that the City will request off-system Municipal State Aid funds to defray the cost. Councilwoman Jorgenson asked if this was a budgeted item, and Mr. Burns, City Manager, stated that it was not. MOTION by Councilwoman Jorgenson to table this item to the November 1, 1993 Council meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 24. RESOLUTION APPROPRIATING MUNICIPAL STATE AID FUNDS TO A MUNICIPAL OFF-SYSTEM PROJECT: MOTION by Councilman Billings to table this item to the November 1, 1993 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. . 25. RECEIVE BIDS AND AWARD CONTRACT FOR LOCKE PARK FILTER PLANT PR�JECT NO. 240• Mr. Flora, Public Works Director, stated that seven bids were received for this project, and staff is in the process of checking references. He stated that it is recommended that the bids be received and awarding the contract tabled. FRIDLEY__CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 13 MoTION by Councilwoman Jorgenson to receive the following bids for the Locke Park Filter Plant Project No. 240: Bidder New Mech, Inc. 1633 Eustis St. St. Paul, MN 55108 Richman Construction 7776 Alden Way N.E. Fridley, MN 55432 Egan Companies 7100 Medicine Lake Rd. Minneapolis, MN 55427 Moorhead Construction Co. 2703 12th Ave. S. Moorhead, MN 56561 Gridor Construction 1886 Berkshire Lane Plymouth, MN 55441 Shank Mechanical 3501 85th Ave. N. Brooklyn Park, MN 55443 Lysne Construction 107 5th Ave. S.E. Bloomington, MN 55420 Total Bid $693,000 $712,420 $729,OOQ $757,800 $793,700 $819,800 $870,300 Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to table awarding the contract for this project. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 26. RECEIVE BIDS AND AWARD CONTRACT FOR THE LEASE/PURCHASE OF A SIDEWALK SNOWPLOW AND ACCESSORIES: Mr. Flora, Public Works Director, stated that the sidewalk snowplow bids were received and rejected at the Council's meeting on October 4, 1993. He stated that the two companies who previously submitted bids received new specifications. He stated that MacQueen Equipment, Inc. was the low bidder after the trade-in allowance. He stated that the lease/purchase payment schedule is also lower. He stated that MacQueen Equipment bid an optional two-way radio at a cost of $499. He stated that it is recommended � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18, 1993 PAGE 14 that Council receive the bids and award the contract to MacQueen Equipment. MOTION by Councilman Billings to receive the following bids for the lease/purchase sidewalk snowplow: Bidder MacQueen Equipment 595 Aldine St. St. Paul, MN 55104 RMS Aspen Division 5633 W. Highway 13 Savage, MN 55378 Total Bid $48,922 $46,328 Trade-In Allowance $10,422 $ 5,000 Net Cost $38,500.00 $14,572.29 $41,328.00 $14,598.00 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings asked if this company was the low bidder the first time this item was bid. Mr. Flora stated that they were not the low bidder; however, the specifications were changed, and staff is comfortable with the bid. Councilman Billings asked if this is a budgeted item. Mr. Pribyl, Finance Director, stated that it is a budgeted item for 1994. Councilman Billings stated that the 1994 budget has not been finalized, and the following action was taken: MOTION by Councilman Billings to table awarding the contract for the lease/purchase of a sidewalk snowplow. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 27. APPROVE CHANGE ORDER NO. 1 TO TWIN CITY ARMY AMMUNITION PLANT INTERCONNECT LINE, PROJECT NO. 248: Mr. Flora, Public Works Director, stated that in the original concept design, it was identified that milling and overlaying of the streets in the waterl ine proj ect were to be included in the work, and the quantities were omitted in the bid. He stated that the Army has approved the work, and it is required that the City initiate the change order for the street restoration. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18 1993 PAGE 15 MOTION by Councilwoman Jorgenson to authorize Change Order No. to the Twin City Army Ammunition Plant Interconnect Line, Project No. 248 with Kenko, Inc. in the amount of $20,356.13. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousZy. 28. APPROVE CHANGE ORDER NO. 2 TO TWIN CITY ARMY AMMUNITION PLANT INTERCONNECT LINE, PROJECT NO. 248• MOTION by Councilman Billings to table Change Order No. 2 to the November 1, 1993 Council meeting. Seconded by Councilwoman Jorgenson. Mr. Flora, Public Works Director, stated that this change order is for installation of storm sewer pipe, catch basins, and manholes associated with 64th Avenue. Councilwoman Jorgenson stated that the street is torn up, and the pipe is ready to be installed. Councilman Billings stated that he did not want to hold up the work, and he assumed that Councilman Schneider is in favor. He felt that if there were three affirmative votes this evening that more than likely there would be four affirmative votes at the next meeting. Councilwoman Jorgenson stated that she spoke with Councilman Schneider, and he does approve this concept. MOTION by Councilwoman Jorgenson to approve the concept of the change order. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 29. RESOLUTION NO. 89-1993 CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 1992 - 1& 2: MOTION by Councilman Billings to adopt Resolution No. 89-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 30. RESOLUTION NO. 90-1993 CONFIRMING ASSESSMENT FOR THE TREATMENT AND REMOVAL OF TREES, 1993: MOTION by Councilman Billings to adopt Resolution No. 90-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote,.all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18. 1993 PAGE 16 31. RESOLUTION NO. 91-1993 CERTIFYING CERTAIN DELINOUENT UTILITY SERVICES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 1994 TAXES• Mr. Pribyl, Finance Director, stated that the City will be certifying these delinquent utility bills to the County to be collected with the 1994 taxes. He stated that each of the property owners has a period of thirty days, after adoption of this resolution, to pay their bill without penalty. MOTION by Councilwoman Jorgenson to adopt Resolution No. 91-1993. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 32: RESOLUTION NO. 92-1993 CERTIFYING CHARGES TO THE COUNTY AUDITOR TO BE LEVIED AGAINST CERTAIN PROPERTIES FOR COLLECTION WITH THE TAXES PAYABLE IN 1994 (WEEDS): MOTION by Councilman Billings to adopt Resolution No. 92-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 33. RESOLUTION AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AND EXECUTION OF THE GRANT AGREEMENT - FEDERAL POLICE HIRING SUPPLEMENT PROGRAM: Mr. Burns, City Manager, stated that he would recommend this item be tabled, as it requires four votes of the Council. MOTION by Councilwoman Jorgenson to table this item to the November l, 1993 Council meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 34. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER: Mr. Burns, City Manager, stated that a public hearing was held on the proposed amendment to Chapter 2, and the Charter Commission has requested that the item be returned to them for further review and consideration. MOTION by Councilwoman Jorgenson to refer this proposed amendment to Chapter 2 of the City Charter back to the Charter Commission. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 35. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 3 OF THE FRIDLEY CITY CHARTER: Mr. Burns, City Manager, stated that the first reading of this proposed ordinance was tabled on July 6, 1993. He stated that the FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18 1993 PAGE 17 Charter Commission requests that this item be removed from the table and returned to them for further•review and consideration. MOTION by Councilman Billings to remove this item from the table. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to refer this proposed amendment to Chapter 3 of the City Charter back to the Charter Commission. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 36. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports., 37. CLAIMS• MOTION by Councilman Billings to authorize payment of Claim Nos. 51983 through 52242. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 38. LICENSES• MoTION by Councilwoman Jorgenson to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 39. ESTIMATES• MOTION by Councilman Billings to approve the estimates as submitted; Barna, Guzy & Stefffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Blvd. Coon Rapids, MN 55433 Statement for Services Rendered as City Attorney for the Month of August, 1993 ...$ 4,708.70 Northwest Asphalt 1451 County Road 8 Shakopee, MN 55379 1993 Street Improvement Project No. ST. 1993 - 1& 2 Estimate No. 4 . . . . . . . . . . . . . . . $210, 262.88 � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 18 1993 PAGE 18 Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 18, 1993 adjourned at 9:05 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City.Council Mayor Approved: � � C�� OF FR[DLEY OCT i 2 1993 EDWARD J. FITZPATRICK COUNCILMAN, WARD III C[VIC CENTER • 6431 UNIVERS[TY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (6l2) 571-3450 September 20, 1993 William Bums, City Manager City of Fridley 6431 University Avenue NE. Fridley, MN 55432 Dear Bill, Since 1975, it has been my honor to serve the citizens of Fridley's Third Ward on the City Council. During my tenure, it has been the council's cluef aim to provide reliable municipal services to the people of Fridley wlule maintaining a fair tax burden to them and Weir families. I have committed a great deal of time and attendon towazd coordinating policies that make Fridley one of the most livable cities in the metropolitan area. I am proud of the role I have played ia our city's government, both on the council and, earlier, on the Planning Couwaission, and am grateful to We people of my ward who have continued to support me each year. Over the last eighteen months, unfortunatety, my health has degenerated to a point where I can no longer commit myself to the demands that my office requires of ine. Regretfully, I write to you today to advise you of my resignation from the City Council, effective October 27, 1993. Although I am sorry to leave the council, I am warmed by the many memories I have as a public servant in Fridley. My best wishes go out to you and to the council for continued success in the future. Sincerely, G ��1 ' Edward J. Fitzpatrick Councilman, Ward III cc: Members of the City Council EJF/rf O - . ,% �4i �-- , � �. � 1 RESIDENCE • 5273 HORIZON DRIVE N.E. FRIDLEY, MINNESOrt'A 55421 • PHONE (612) 572-9615 � _ � Community Development Department PLANNING DIVISION City of Fridley DATE: October 28, 1993 � TO: William Burns, City Manager ��'v� � FROM: SUBJECT.: Problem Barbara Dacy, Community Development Director Steven Barg, Planning Assistant Public Hearing on Public Nuisance Abatement Typically, approximately 5� -•10� of property owners �tho are sent code�violatian notices��will•not correct the �violations or �nake arrangements to comply within an acceptabie time frame. Through� September of this year, staff has received �307 code enforcement complaints and has eventually issued citations to 19 (6.2�) of tYiese property owners. Under the City's present policy, it sometimes takes up to six to ten months to process violations through the criminal court system. Many neighbors and area residents contend that this system does not effectively respond to their concerns and serves to promote an unattractive appearance for the City. For this reason, staff believes that a more aggressive approach is necessary. Alternative Approach - Nuisance Abatement Faced with similar frustration in the mid-1980's, the City of Coon Rapids adopted an aggressive approach to eliminating certain nuisance conditions. They developed an ordinance called "Abatement of Public Nuisances" designed to help minimize use of the court system for resolving code violations. Under this ordinance, the City of Coon Rapids removes junk vehicles and assorted materials from private property, thus serving to improve the appearance of the affected neighborhoods. Staff has thoroughly reviewed the Coon Rapids ordinance and discussed this matter at length with the City Prosecutor. Based on staff's concerns and legal issues raised by the City Prosecutor, staff has somewhat modified the Coon Rapids ordinance to better meet the City's needs. The resulting ordinance proposal is attached to this memo for your review and consideration. Public Nuisance Abatement October 28, 1993 Page 2 ComAarison of the Two Processes In order to further consider the proposed nuisance abatement ordinance, it may be helpful to compare these two approaches. The following is an outline showing how a typical code enforcement complaint would be handled under the current process and the proposed ordinance. (Flow charts showing this information are attached to this memo for your review.) Current Process * First inspection is conducted. If in non-compliance, property owner is sent a notice giving ten days to two weeks to resolve the problem. * Second inspection is conducted. If still in non-compliance, property owner is given one additional week to correct the violations. * Final inspection is conducted. If still in non-compliance, property owner is issued one or more citations, and a court date is set for approximately two weeks from that time. * Initial court appearance is held. If property owner pleads guilty, the court imposes a sentence (which hopefully includes compliance by a set date). If property owner pleads not guilty, a pre-trial date is established and the court process continues through pre-trial and trial. On the other hand, if property owner fails to make initial appearance, the matter is referred to the City Prosecutor's office for preparation of a formal complaint. (This process often takes several months from the time that the prosecutor receives this notice the property owner is brought into court.) Proposed Approach * First inspection is conducted. Property owner is sent a notice giving 20 days to correct the violations, or request a hearing on the matter. * If no request for hearing and compliance is not achieved, the City contracts for the removal of the violations. * If a hearing is requested: - The Community Development Director notifies the hearing examiner who arranges a h�aring on the matter within 20 days. (At the hearing, both the property owner and the City may appear with counsel and may call witnesses/ present evidence as relevant. r�� Public Nuisance Abatement October 28, 1993 Page 3 - Within ten days after affirms, repeals, or Officer's order. (The accompanied by written the hearing, the hearing examiner modifies the Code Enforcement hearing examiner's order will be findings of fact). - Property owners wishing to appeal the hearing examiner's ruling have 20 days after receiving the decision to contact the Community Development Director and request an additional appeal with the City Council. In such cases, the City Council shall hear the matter at the first regular meeting following the filing of such notice and the City Council will affirm, repeal, or modify the hearing examiner's decision. Benefits The City would benefit from adopting this proposed ordinance in several ways. First, the City is increasing responsiveness to residents' concerns, since the length of time to process complaints would be reduced from six to ten months to two months. Second, there would be a decrease in staff time and prosecution costs associated with the criminal court system. Finally, the City improves in appearance as a result of this aggressive abatement approach. Recommendation Staff recommends that the City Council conduct a public hearing on this matter at its November 1, 1993 meeting. Pending the outcome of the hearing, staff will schedule the proposed ordinance for first reading at the November 15, 1993 City Council meeting. SB/dn M-93-628 :� ORDINANCE NO. AN ORDINANCB ESTABLISHING CHAPTER 128 ENTITLED ��ABATEMENT OF PIIBLIC NIII8ANCE8�� TO THL FRIDLEY CITY CODE The City Council of the City of Fridley does ordain as follows: CHAPTER 128 ABATEMENT OF POBLIC NIIISANCES 128.01 PIIRPOSE The Council of the City of Fridley has determined that the health, safety, general welfare, good order and convenience of the public is threatened by certain public nuisances on property within the City limits. It is declared to be the intention of the Council to abate such nuisances, and this Chapter is enacted for that purpose. 128.02 APPLICATION This Chapter shall apply to the abatement of public nuisances involving junk vehicles (as defined in Chapter 123) and outside storage of materials and equipment including, but not limited to, disused machinery, household appliances and furnishings, tires, automotive parts, scrap metal, lumber, and all other materials deemed to create a public nuisance as described in 128.01. 128.03 HEARING ERAMINER l. Position Created. The position of Hearing Examiner is hereby created. The City Manager may, at his discretion and with the approval of the Council, contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this Chapter and set the rate of compensation therefor. 2. Qualifications. The hearing examiner shall be an individual trained in law; however, it shall not be required that the hearing examiner be currently licensed to practice law in the State of Minnesota. 3. Duties. The Hearing Examiner shall have the following duties: A. Set dates and hear all contested cases following appeals of orders of the Code Enforcement Officer or other duly authorized agents. �� B. Take testimony from all interested parties. C. Make a complete record of all proceedings including findings of fact and conclusions of law. D. Affirm, repeal or modify the order of the Code Enforcement Officer or other duly authorized agents. 128.04 IN3PECTION AND INVESTIGATION 1. Periodic Inspection. The Code Enforcement Officer or other duly authorized agents shall cause to be inspected al� public and private properties within the City which might contain a public nuisance as defined in this Code section as often as practicable to determine whether any such conditions exist. The Code Enforcement Officer or other duly authorized agents shall also investigate all reports of public nuisances located within the City. 2. Right of Entry. The Code Enforcement Officer or other duly authorized agents may enter upon all public and private properties for the purposes of conducting inspections for public nuisances. If the property owner and/or occupant of any property refuses said inspector(s) right of entry for inspection, the City may seek an administrative search warrant or other order of the District Court for said purpose of entry and inspection. 128.05 ABATEMENT OF NIIISANCES Upon a determination by the Code Enforcement Officer or other duly authorized agent that a public nuisance exists on any public or private property within the City, said official shall order the public nuisance to be abated in accordance with this Code section. 128.06 PROCEDQRE FOR REMOVAL OF PIIBLIC NOISANC88 l. Notice. Whenever the Code Enforcement Officer or other duly authorized agent finds with reasonable certainty that a public nuisance exists on any public or private property in the City, said official shall notify the affected property owner by first class mail that the nuisance must be abated within a reasonable period of time, not less than twenty (20j days from the date of service of the notice. (Service by mail shall be deemed complete upon mailing.) The order shall set forth the following: �� J A. The specific nature of the violations and requirements for compliance. B. That the property owner may, within twenty (20) days of the date of the order, request a hearing before the Hearing Examiner and by what procedure such hearing may be requested. C. That failure to abate the nuisance or request a hearing within the applicable time period will result in summary abatement procedures, and that the cost of abatement will be assessed against the subject property. 2. Hearing. Any property owner who feels aggrieved by an order of the Code Enforcement Officer or other duly authorized agent issued pursuant to this chapter may request a hearing before the Hearing Examiner. Such request shall be filed in writing with the office of the Community Development Director within twenty (20) days after the date of service of the notice by the Code Enforcement Officer or other duly authorized agent. The Community Development Director shall notify the Hearing Examiner who shall notify the property owner of the date, time, and place of the hearing. The hearing shall be conducted no more than twenty (20) days after the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the property owner and the City. Both the property owner and the City may appear at the hearing with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant. Within ten (10) days after such hearing, the Hearing Examiner shall affirm, repeal or modify the order of the Code Enforcement Officer or other duly authorized agent. The Hearing Examiner's order shall be accompanied by written findings of fact. Any person aggrieved by the decision of the Hearing Examiner may appeal that decision to the City Council by filing notice of such appeal with the Community Development Director within twemty (20) days of receiving notice of the Hearing Examiner's decision. At its next available regular meeting following the filing of a notice of appeal, the Council shall review the decision and findings of fact of the Hearing Examiner and shall affirm, repeal or modify that decision. 3. Disposition of Property. The City maintains the right to dispose of all property deemed to have value that it removes from public and private properties through abatement procedures as outlined in this Chapter. Disposal shall occur thirty (30) days after the property is secured, unless the property owner obtains a court order to the contrary and/or pays all costs associated with the removal and storage of said property within said thirty (30) day time period. The City maintains the right to immediately dispose of refuse and/or junk materials deemed to be without value. 2E 4. Assessment. The Code Enforcement Officer or other duly authorized agent shall keep a record of the costs of abatements done under this Chapter and shall provide regular reports to the Finance Director or other appropriate officer regarding all work performed for which assessments are to be made, stating and certifying the description of the land, lots or parcels involved and the amount assessable to each. The amounts to be assessed shall include up an additional twenty-five percent (25�) to cover any administrative costs associated with the abatements. On or before September 1 of each year, the City Clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this Chapter. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under other pertinent statutes, for certification to the County Auditor and collection the following year along with current taxes. Such assessment shall be payable in no more than ten (10) equal annual installments, pursuant to Minnesota Statutes, Section 429.Oi, Subdivision 2. .07 EFFECTIVE DATE The effective date of this Chapter shall be January 1, 1994. .08 SEVERABILITY Every section, provision or part of this Chapter is declared separable from every other section, provision or part to the extent that if any section, provision or part of this Chapter shall be held to be invalid, such holding shall not invalidate any other section, provision or part thereof. .09 NON-ERCLIISIVENESS Nothing in this Code section shall be deemed a waiver or limitation of any statutory right and/or power of the City as to hazardous buildings, properties or materials, nor shall this Code section be deemed to otherwise limit the right and/or power of the City to conduct other administrative and/or regulatory searches and inspections including, but not limited to, health inspections, fire scene and arson inspections and regulated business and industries inspections, nor shall this Code section be deemed to be an exclusive remedy of the City regarding the abatement of public nuisances. 2F Passed and adopted by the City Council of the City of Fridley this , 1993. Attested: William A. Champa - City Clerk Public Hearing: First Hearing: Second Reading: Publication: 2G William J. 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October 28, 1993 /►� ��r TO: William Burns, City Manager � FROM: SUBJECT: Barbara Dacy, Community Development Director Scott Kohanek Acquisition; 6116 Central Avenue N.E. Negotiations with Scott Kohanek, owner of 6116 Central Avenue N.E., have been completed. Submitted for City Council approval for acquisition of this property are: .� - 1. A purchase agreement be�ween �he.City of Fridley as buyer•and Scott B. Kohanek as seller, for a total purchase price �of $64,000. 2. A lease agreement between the City of Fridley and the current tenants of the existing home, Edward C. Andrix III and Donna Marie Melich. In a meeting with the tenants on October 22, 1993, it was discovered that Ms. Melich's brother also resides at the home. Therefore, the lease agreement has been amended to include Peter Melich. The lease will start from the date of closing, tentatively scheduled for November 2, 1993, to May 31, 1994. The tenants will continue to pay rent and will be responsible for maintenance or repair of any of the fixtures within the home. 3. A contract for rel'ocation consulting services. The Uniform Relocation Act requires the City to notify the tenants of their eligibility for relocation assistance. In order to meet with the tenants and complete the documents as required by law, it is necessary to retain a relocation consultant. We recommend that the City Council authorize staff to execute a contract with Kirk Schnitker of Professional Redevelopment Resources, Inc., to act on the City's behalf. Schnitker was retained for services for the Nelson condemnation. Recommendation Staff recommends that the City Council make pass motions, one for each of the following: Scott Kohanek Acquisition October 28, 1993 Page 2 1. Approval of the attached purchase agreement. 2. Approval of the attached lease agreement. 3. Approval of the attached contract with Professional Redevelopment Resources, Inc. for relocation consulting services not to exceed $845.00. BD/dn M-93-633 3A ' Form No.15t94 (oct. Be� � Mlllar-Davls lepal Fama p12) 3323/N MINNESQTA STANDARD RESIDENTIAL PURCHASE AGREEMENT �Copyirght 1988, by Ffennepin County Bar Association, Minneapolis, Minnespta. BEFORE YOD USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE THAT THIS CONTRACT ADEOUATELY PROTECTS YOUR LEGAL RIGHTS. Hennepin Counry Bar Asspciation disclaims any liability arising out of use of this iwm. ! t. PARTIES. This Purchase Agreement is made 93 . by arw oetween �(Name) Scott B. Kohanek and Cath Kohanek, husband and wife . of 3(Address) 19� WdCO Street. Elk River, [�IId 55330 (ma��ai ssaws� SELIER, AND 4(Name) C1tY Of Fi1d12V as pint tenants (sui�s'joim tenents' R tena�cv-mcanmon �s rpenOedl , OF s. (address� �31 University Avenue NE, Fridley, !�T 55432 .BUYER. 6 2. OFFEWACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as � Lot No. 6, Auditor's Subdivision No. 88, accordi to the ma or lat thereof on file a and of record in the office of the R ister of Deeds in and for Anoka Coun , Minnesota 9� located at1Sv nddress) 6116 Central Avenue NE � � io Ciry or Fri��.ev , Coun or o H , State of Minnesota �! 3. ACCEPTANCE DEADUNE. This off r ta purc ase, u les ted sooner, shall be null and void at 11:59 P.M. �� e� � `�� S �� "� -��. and in such event all earnest money shall be retunded to Buver. t3 � ls 15 16 t� t &. ,s zo. z� 4. PERSONAL PROPERTY AND FIXTURES INCLUDED IN SALE. The loliowing items of personai property and Jixtures owned by Se�ler and currently located on the property are included in this sale ( Strike out items not includec�: garden bulbs, ptants, shrubs, trees, storm windowg gnd inserts, sform doors, saeens, awnings, window shades, blinds, curtain-traverse-drapery rocis, attached lighting lixtures with bulbs, plumbing fixtures, wmp pumps, water heaters, heating systems, hea[ing stoves, fireplace inserls, fireplace doors and screens, built-in humidifiers, buift-i� air condition- ing units, built-in electronic air fiiters, automatic garage door openers with controls, teievision antennas, water softeners, built-in dishwashers, gartiage disposals, built-in trash compactors, built-in ov�ns and cooki gtpves �p� fan int ms in tall carpeG yvp�lC pencheg My �� a d also the following properry �,Op�dC12 gL,OV2i re`�iqe�'atOL'� Sfue�°oi1 �ai�ci pr e•wate��i"eatei� i►,�*� _ �,.. ,...a:.._ --�z Upon delivery of the deed, Seller shall also deiiver a Bill of Sale for qie arypve personal property, 22 5. PRICE AND TERMS. The price (or the real and personal property inqudetf inthis sale is 23 — 2a which 8uyer shaN pay as folbws: Eamest money of S� . . Dollars ($ 25 receipt of which is hereby ackrrowled ed to be d by { caxh, cnxw u� norrs�are wnlcn ) eposrted the neM business da fter t st axpunt ot I�sUng (xdcer, uMess otherwise 26 specified in writi�g) a�d $ �� .�� 27 a�tAe�.af.g--_.,__ , the OATE OF CLOgING, 28 6. OEED/MARKETABLE TiTLE. Upon performance by Buyer, SeUer shall execule and deliver a 29 Deed, joined in by spouse, H any, conveying marketable title, subject to: ^H 30 (A) Building and zoning laws, adinances, state and federal regulaGons; 3i (B) Restrictions relating to use or improvement of the property withpu( effective forfeiture provisions; 32. (C) Reserwation of any mineral rights by the State of Minnesota; 33. (D) Utiliry and drainage easements which do not inteRere with existirg imprpveme�� 34. (E) Exceptions to tiile which cpnstitute encumbrances, restrictions, ar easements which have been disdosed ro Buyer and accepted 35. by Buyer in this Purchase Agreement; (Must be specified in writing.) 36. 3Z __ 38. 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and 39. between Seller and Buyer on a calendar year basis to the actual date of cbsi �ebl� m end fa the year of cbsing shaq be prprated 40 ( Str;kz cu� onej BUYER AND SELLER SHALL PRORATE AS OFTHE DATE OF CILASIN�� this Agreement. 4 i. of special assessments certified for payme�t with the real estate taxes due and on Date ot Closing aq installments 42 [ Stnke out one] BUYER SHALL ASSUM paYable in the year of dasing. s3. agreement. �� TE �F CI.pS�NG ail other special assessments levied as of the date of this ae [ Srr;ke oui oneJ gUYER SHALL ASSUMFJS��pjpp��special assessments pending as of the date of ihis 05 agreement lor improvements that have been ordered by the City Cpanq� or other governmental assessing authwities. (Seller�s provisip� fa payment a6 shall be by payment into escrow of 1�k times the estimated amount of the assessments.) As oi the date of this Agreement, Seller represeMS that SeNer a 7 has rroi received a Notice of Hearing of a new public improvement project from any governmental assessing authoriry, the costs p( which projec� mey a8 be assessed against the property. If a special assessment becomes pending after the date of this Agreement and before the date of 49. may, at Buyers option: cbsing. Buyer 50. A. Assume payment of ihe pending special assessment without adjustment W the purchase agreement price of the property; or, 51 8. Require Seller to pay the pending special assessment (w escrow for payment of sartfe as provided abpye� and 8uyer sha71 pay a cpmmens. �2, urate increase in the purchase price of the properq; which intxease shap be �h� �me as the estimated amount of the assessmerrt; a, 53 C. Declare this Agreement null and void by notice to Seller, and earnest money shall be refunded to Buyer. 54 [ C!nke ou( onej j��}(�f�j��(��SELLER SHALL PAY �N ppTE QF'CLOSING 8� deferred real estate taxes or 55. payment of which is required as a result of the closing of this sale, y ��a� �s�e�ts 56 Buyer shall pay real estate taxes due and payable in the year (ollowing cbsing and ttiereafter and any unpai� specia! assessments 57. arM thereafter, the payment of which is not otherwise provided herein. Seilgr warcants that tax9s due and payable in the year(s) 19q� a�ru3m1fQ9Q 58 will be �� vN xxarr�irY1 homestead classification. Se11er makes no representalipn concerni�g the amount of future real esiate taxes 99, or ol future speaal assessments. 60. 8. OAMAGES TO REAL PROPERTY. If the real property is substantiaUy damaged prior W cJp�i�g, �s,q9��t shaN terminate and the earnest 6�. money shalf be refunded to Buyer. It the real properly is damaged materially but less tha� substantially pripr to cbsing. Buyer may rescind this 62. Agreement by notice to Seller within Iwenty-one (21) days after Seller notifies Buyer ot such damage, during which 21-day period Buyer may inspect 63 the real property, and in the event of such rescission, the earnest money shall be refunded to Buyer. 64 9• SELLER'S BOUNDARY UNE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller wanants that buildings, i( any, are eMirey within 65 fhe bpundary lines oi tAe property. Se��er warrants that there is a right of access to the real property hom e p�blic rigM of way. Seller wartants that 66 there has been no labor or material (urnished to the property for which paym�nt has not been made. SeOer warrarns that ihere are ra present 67 violations of any restrictions relating to the use or improvement of the property. Ttiese wananties shali sunirve the delivery of [he deed pr contraCt �pr ti8. deed. E9 10. CONOITION OF PROPERTY. Seller warrants that all appliances, fixtures, heeti�g end air «�nditioning equipme�t, wiring, and plumbing used and v located on the property are in woricing order on the date o( cbsing. $BHer [ Snike one.J ]!Xg/F{qS NOT had a wet basement or water in the baserneM. ✓~� " Seller discloses that the root ( Srrike one]F{q�qS NOT leaked. Seller warcants that ihe property is apn�¢r,yed to: city sewer (YES/ry(� oity water 'z (YESrt�pC1� cable N(YES/NO). Seller shall remove all tlebris and aB personal property not induded in this sale from the property befare possession = da►e• Seller has �ot received any notice from any governmental authority as to ihe exisience of any dutch elm disease, oak witt, or other disease p( '� any trees on the properry. . %=� SeHer's warranties and representations contained in this paragraph 10 shall survive the delivery of the peed or Contrad fa Deed, provided �hat %5 any rwtiee o1 a defect or ciaim of breach o( warra�ry must be in writing and given by Buyer to Seller within o�e year of the date ol dosing or pe deemed 77 �jy�. �8 Buyer shall have the right to have inspeclions o( the �y Selle� does not plan to have the r �� CO�� P�KK ��^�� by bca� ordinance or lendi ag 8n p � P aPerty inspected. ptlyr iha� Itie representations made in M�� ^g r ulations. no express a im lied re ese�tations or wananties by Seller as tp � ��• ��0�� ^9 �"AS IS" with Q' particular purpose. (This paragraph is not inlended !o waFve p� phy� ��tans' q tru�p^� W�manship, a fitness fa any modi�y enY Provisions of M/NN, STAT.. Chepter 3p7A.1 Portn No.1519•2(OC�.881 MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT/PAGE 2 Mlller-0avls Lepa� Forma (B12) 93Y•5U� 3^ it. pISCLOSURE OF NOTICES. Seller has not received any notice trom any governmental authority as to violation oi any law, ord�nance or regula- 83 tion. if the property is subject to restrictive covenants, Seller has not received any notice irom any perso� as to a breach of the covenants. B�: 12, TRUTH-IN-HOUSING. Buyer acknowledges receipt o( the Truth-in-HOUSinq Oisclosure Report or other inspection report i( required by the munic- 5� ipaliry in which the property is located. � 13. POSSESSION. Seller shall deliver possession of the property not later than date Ot CZOSlriq .' closing. All interest, iuet oil, liquid petroleum gas, and ail charges tor ciiy water, ciiy sewer, electricity, and natural gas shall be prorated between the .,% panies as ot date of �S?s a' on H i 14. EXAMINATION OF 71T1E. Within a reasonable time after acceptance of this Agreement Seller shall furnish Buyer with an Abstract ol Title or a +; Registered Property Abstract certilied to date including proper searches covering bankruptcies and State and Federal judgments, liens, and levied �'� and pending special assessments. Buyer shall have ten (10) business days a(ter receipt oi the AbsVact o( Title w Registered Property Abstract either �+? to have Buyer§ attorney examine the title and provide Seller with written objections or, at 8uyer� own expense, to make an applicatio� iw a Title Q�� Insurance Policy a�d notify Seller of the application. Buyer shall have ten (10) business days after receipt of the Commitment for Title InsuranCe to 9 i provide Seller with a copy ol the Commitment and writlen objections. Buyer shall be deemed to have waived any title objections not made within the 5': applicable ten (10) day period br above, except that this shall not operate as a waiver of SellerS covenant ro deliver a staWtory Warranty Deed, unless 95 a Warranry Deed is not specified above. 97 98 95 iG0 tr,� tOL 1(J.j iQ= tG4 105 ir�; tU8 109 1 7 i� �t+ tt� t�? t�» 175 t�6. 117. 11A ,iy �20. 72t. 122 723 72a 125. 726 127 128 15. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buyer� written title objectionsio make title marketable. Upon receipt of Buyers title objections, Seller shall, within ten (70) business days, notify Buyer of Se�ler�s intentio� to make tiUe marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds o( closing shall not delay the closing. Cure of the detects by Seller shall be reasonable, diligent, and prompt. Pe�ding correction of ti[le, all payments required herein and the closing shall be postponed. A. I1 notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender ol documentation establishing thal tiUe has been made marketabie, and it not objecied to in the same time and manner as the wiginal title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. 8. It notice is given and Seiler proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, Buyer may declare ihis Agreement null and void by notice to Seller, neither party shall be liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. C. If Seller dces not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Seller's faiture to proceed in good faith, Buyer may seek, as permitted by law, any one or more of the folbwing: 1. Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (a) Seek damages, costs, and reasonable attorney's fees from Seller as permitted by law (damages under this subparagraph (a) shall be limited to the cost of curing objections to title, and consequential damages are exduded); or, (b) Undertake proceedings [o correct.the objections to title; ' 2. Fescission of this Purchase Agreement by nonce as prowtled herein, in which case the Purchase Agreemeat shall be �uU and void and all earnest money paid hereunder shall be refunded to Buyer; 3. Damages from Seller including costs and reasonable attorney� fees, as permiried by law; 4. Specific performance within six months after such right of action arises. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the (ollowing options, as permitted by law: 7. Cancel this contract as provided by statute and retain a11 payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursua�t to this contract is a down payment note, and may be presented for payment notwithstanding cancetlation; 2. Seek specific performance within six months after such right of action arises. I�duding Costs and reasonable attorney� fees, as permitted by law. E. If title is marketable, or is made marketable as provided herein, arW Seller defaults in any of the agreements herein, Buyer may, as permitted by law: 1. Seek damages from Seller including costs and reasonable attorney's fees, 2. Seek specitic performance within six months aRer such right of ac[ion arises. � 29. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 730. 16. NOTICES. All notices required herein shall be in writing and delivered personalty or mailed to the address as shown at Paragraph 1., above and �3 � if mailed, are effective as of the date of mailing. , �33 CLOSES HE OR SHE IS REPRESENTING THE i3A AGENT OR BROKER DISCLOSES THAT HE OR S SELLER'S OR BUYER'S N. 7HE LISTING SELLER IN THIS TRANSACTION. BUYER'S t 35 �g, SUBDIYISION OF LAND. Ii tfiis sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay all subdivision expenses and �36 obtain all necessary governmental approvals. Seller warrants that the legal description of the real property to be conveyed has bee� or will be � 3i approved (or recording as of the date of closing. t 38 �g, MINNESOTA LAW. This coMract shall be governed by the laws of the State of Minnesota. 135 20. ADDITIONALTERMS. see addendum 110 tat. ;a2 �a3 � a.� � �i5 � 15 21, pDDENDA. Attached are (number) 1 addenda which are made a part of this Agreement. THIS IS A LEGALLY BINDING CONTflACT. BEFORE SIGNING, CONSULT A LAWYER. Minnesota law permits licensed real estate brokers and sales agents to prepare purchase agreements. No recommenda- tion or representation is made by either the listing broker or selling broker as to the legal sulflclency, the legal eflect, or the tax consequences of this contrect. These are questions tor your lawyec 1 agree W sell the property for the price and terms and conditions set lorth above. SEILER SCOtt B. KOhailek �oa�e� SELLER Cathy Kohanek �D81B� Gosing shall be at ihe oHice ot: Company/Firm Name City of Fridlev I agree to purchase the property for the price and terms and conditio�s set forth above. BuvEA CITY OF FRIDLEY �oaui BUYER �� ,o.a� Address �31 Un��ty Ave. NE �;�y Fridley, Nff�1 Z;p 55432 IiUUSI�, LLASL This is a lease. It is a legal agreement l�etween lhe Tenont ancl Lhe I,ANDI.ORD to rent 6he I{ouse described below. The word Lnndlord as used in this Lease mepns CitY of Fridley and the Landlord's address is 6431 University Avenue NE, Eridley, MN 55432 The word TENANT as used in this I.ease means EdwaCd C. ARdCix III , Donna MaCie Melich and Peter Melich, each single individuals � --------.-------_. _ ._.. __ ____ . _...._..__..--- (i.istaUpersonswho will live in Lhc Ilouscl. This Lease is a legai conLracL t,ha6 can be enforced in ccwrL ugainst Lhe Landlord or the 1'enant if either one of them does not comply with this Lease. 1. Description of Ilouse. The address of the [(ouse is 6116 Central Avenue NE� FI'idlev� MN { The House is located on property legally described as: � according to the map or plat thereof on 2. Term ot Lease. This Lease is for a term of seven months and 10 days beginning on November lc� _93 ,,�� 12 o'clock. �.m. and endin�; �n__..M?Y 31 Ig . 94__, a� 12__ �� xxxxx.r,n, midnight ' , �. Renl. a. Amounl.l'he ren6 for the Flouse is Four Hundred and 00/100 — ---- --- --- Dollars �S 400.00 � per monLli p�id in aclvance. b. Payment. The rent payment for each month must be paid before the lst day of each month beginning on _Decembet_1_____i_ , � g 93_ pt i.andlord's address. Landlord does not have Lo give notice Lo 'Cenant 6o pay the ren6. Tenan6 understands that Landlord will not accept a partial paymenL of rent. c. ftesponsibility for Rent. Gvery '1'enant IisLed above is individually responsible for paying the full amount of re�t owed to Landlord. 4. Security Deposit. The Tenant has given I:he I.andlord 3 sa a securit,y deposit. !t TenAnt fnils to perform any terrn in Lhis I,cuse, Landlord mny use the security deposit [or payment of money that Landlord mny spend or dumages that Lnndlord suffers because of Tenant's failure. The Landlord may use the security deposit to pay for any damage to the House caused by the Tenunt o� the Tenant's guests. The security deposit may also be uaed to pay rent that the Tenant owes to the Landlord at the end of the Lease. The Lendlord will pay the Tenant interest on the security deposit et the rate of five and one-half (b-�i496) per year, as required 6y Minnesots Statutes Section 504.20, subd. 1. Landlord shall, within three weeks after (1) the end of the I.ease term. and (2) receipt of Tenant's mailing address or delivery instructions, return the deposit to the Tenant, together with the interest due on the deposit. If the Landlord does not return the deposit within the three weeks, Landlord must give Tenant a written atetement showing the specific reason for withholding of part or all of the deposit. The Landlord may keep ap or part ot the security deposit (1) tor rent or other money owed to the Landlord, and (2) tor damage to the House beyond ordinary wear and tear. • 5. Quiet Enjoyment. I f Tenant pays the rent and complies with ali other terms of this Lease, Tenant, may use the House for the cerm of this Lease. 6. Use of House. The House must be used only as a private house to live in and Eor no other purpose. The Tenant may not use the House for any unlawful activity. in particular, Tenant agrees that (a) Tenant will not unlawfully allow controlled substances in the tioase; nnd (b) the property wil( not be used by the Tenant or others acting under his or her control to manutacture, sell, give away, barter, deliver, exchAnge, distribute, o� possess a controlled substance in violation of any local, state, or federal law, including Minn. Stat. Chapter 152. This agreement by Tenant is not violated if a person other than Tenant possesses ar allows controUed substances in the liouse or on the property unless the TenanGknows or has reason to know of the activity. The Tenant may not use the House for the purpose of currying on any business, profession or trade, 7. Maintenance end Repeir. Tendnt Shdll be responsible fo[ all tnainCenancP anri ror,a; re _ during the term of the Lease, except when the damage was caus ' igen acGon of the Tenant or Tenant's guests• and comp �ance with the applicnble health and safety laws except where the b. By Tenaet. Tenant promises, at Tenant's expense, to make all repairs and eliminate any violution of health and safety laws that result from the negligent, willful, malicious or irresponsible conduct of the Tenant or the Tenant's family, agent or guest. Tenant shall comply with nU the snnitary IAws nffecting the cleanliness, occupancy and preservation of 1he l lrnise. excep6 whare Lhc (amdlord iti rt��uinYl L,Y lnw Ur c�unply wiLh Lha xunila�ry luwv Irnx: Minrrc,.�wiLu SLuf.ue, StxG�n 504.I81. . 'PennnL n�;r�wa 6o perfurm I.hc fu4uwin�; repi�irs unJ nuiinUenuni�c: H. Allcrationa. 'I'ennn6 musL ublaiiu I.nndlurd'a prior wriLlim consenl lai ins4dl nny pi�nelling, flr»�ring. pnr6iCione nr makc altera6ioos or to puinl or wnUp��pc� I.he � �ouse. '�•�ntui� nxis� noL chungo lhu IiwLing, c1ecL�ica1, plumbing, ventilation or air conditioning wiLhout the priar writlen consen6 of lhe T.nndlord. �J. pa�nugr to Ilouec. I( Lhc I louvc ia dcaLroycd or Jumugal no6 tluc Lo Lhc fuulL of'I'cuanL or'Penunl�8 bUC'JI,B. aod Lhc IlousQ is unfiL for use ns a residence,'1'ennnl, is noL roquircKl lo pi�y renL for I.hu Lime Lhu 1 louse cannoC be uaed. 1 f parL oF the House cennot be used, Tenant must only pay rent for I,he usable parl. If lhc Iiouse is damaged or destroyed, Laadlocd may terminate thia Lease immediately and may decide not to rebuild or repair the House. I t the damage was not caused by the Tenant or the Tenent's gueat and the Landlord cancels the Lease, the rent shall be pro rated up to the time of the damage. 10. Utilitiee. Tenant shall pay for al! utilities provided to the House, except for which shall be provided at the Landlord's expense. Tenant shall not waste any utilities provided by Landlord. 11. Right of Entry. I.andlord and Landlord's agents may enter the Iiouse at reasonable houra to repair or inspect the House sad pertorm any work thst i.sndlard decides is necessary. fn addition, the i.nndlord may show the Iiouae to poasible or new Tennnts at rcasonablc hours during 6he Ine6 30 dnys of I,he Icnso I.crms. 12. Aeaignment and Sublelting.'I'enant mny not, assign 61�is [,eose, lease the I�ouse to anyone elso (sublet�, sell this Lease or permit any other person to use the House without the prior written consent of the Lnndlord. If Tenant does, Landlord may terminate this Lease as deacribed in Paragraph 16 of this Lease. Any assignment or aublease made without Lendlord's written "— ""' �"' ^"`—° -� tonsent witl not be effective. Tenant must get Landlord's permission each time Tenant wants to essign or sublet Lendord's permission is good only for that specific assignment or subleese. 13. Termination. I f Tenent wants to move out of the House when the lease term ends, Tenant must �ive I.andlord prior written notice at least thirty (30) days before the lease term ends. If the Tenant does not give the thirty �30) days notice, the I,andlord may ' continue this Lease for month rn�nth This renewal provision shall be valid only if Landlord, has given to Tenant written notice, served personally or by registered mail, directing Tenant's attention to this renewal provision. Lundlord must give this notice within [i(teen (151 days prior to the Gme that Tenant is required to furnish notice of Tenant'a intention to move out, but not more than thirty (30) days prior to that date. � . 4 14. Surrender of Premieee. Tenant shali move out of the House when this I.ease ends. When Tenant moves out, Tenent ahall leave the House in as good condition es it wes when the Lease started, with the exception of reasonable wear end tear. lb. Abandonment. If Tenant moves out of the House be[ore the end of this Lease, Landlord mey bring a legal action to recover posseasion of the House. The I.andlord mey rent the House to someone else. Any rent received by Landiord tor the re�renting shall be used tirst to pey Landlord's expenses for rerenting the House end second to pay any emounts Tenant owes under this Lease. Tenent ahall be responsiUle for pnying the difference between the emount ot rent owed by Tenant under thia Lease and the amount of rent received by I,undlord from the new tenant together wiLh ony court costs and ettorney's fees. I( Lendbrd recovers possession oi the House after Tenant moves out, then Landlord mey consider Tenant's personal property in the House to also heve been abendoned. Landlord may then dispose of the peraonal property in any manner thet the Landlord thinks is proper. Landlord sheli not be liable to Tenent for diaposing of the personal property. 16. Detault. IE Tenant dces not pay the rent or other amounts when due or if Tenant violates any term of this Leeae. Lendlord mey terminate thia Lease. If Tenant dces not move out, Landlord may bring an eviction action. If Tenant violates a term of this Lease end Landlord dcea not terminate this Lease or evict Tenent, Landlord mey still terminate this Leese end evict Tenant (or eny other violation of thia Lease. If contraband or a controlled substance manufectured, distributed, or acquired in violation of Minnesota law is aeized in the House or on the p�operty on which the House is located incident to a lewful search or arrest, end if Tenant has no defense under Minneaote Stetutes § 609.5317, Tenant shall have no further right to possession of the House, and Landlord mey bring en eviction action against Tenant. 17. Heire end Aeatgne. The terms of this Leese apply to tlie Tennnt and Lendlord. The terms ot this Lease also epply to any heira, legel representativea and assigns of Tenent or Landlord. LANDLORD: CITY OF FRIDLEY TENANT war . An rix II Donna Mane Me ic STATE OF MINNESOTA COUNTY pg } "• The foregoing instrument was acknowiedged before me this Peter Melich day of lg 93 b war C. An rix III , Donna Marie Me ic and Peter Melich� each sing�e i'naividyua s STATE OI' MINNF.SOTA �s+s�•��n or vaeo„ T.k�„e w�k,,,,�.��mmu COUNTY OF � ,`. n•+aa,K u.�k� The foregoing instrument was acknowledged before me this day of .19 93 by of City of Fridley the • ,a�ublic body corporate and litic �l�f�!#, on behalf of the C+ex�S�rEiutkx�t public body corporate and politic. THIS INSTRUMENT WAS DRAFTED BY: BARNA� GUZY & STEFFEN, LTD. 200 Coon Rapids Blvd., �400 �"�� Minneapolis, MN 55433 ��`•'' (612) 780-8500 (VCH) I � 19i�Wn ol Person T�41ng A<knowledgement� ITiUs w R�nk1 � ■ AGREEMENT This agreement, entered into the day of , 1993 by the City of Fridley (hereinafter referred to as Contractor), and Professional Redevelopment Resources, Inc. (hereinafter referred to as Consultant). WITNESSETH WHEREAS, the Contractor desires the provision of certain technical assistance and other services pursuant to the terms of Minnesota Statutes, Section 117.50 et. seq., and/or the Uniform Relocation and Real Properties Acquisition Policies Act of 1970, whichever is applicable, in connection with the acquisition of 6116 Central Avenue N.E. as heretofore adopted by the Contractor, and WHEREAS, the Contractor desires that the Consultant provide such 'assistance and serviees to provide for relocation assistance, in this project, and WHEREAS, the Contractor proposes to acquire certain real property and desires that the Consultant furnish the Contractor certain services with respect to such property, and the consultant represents that the consultant is fully qualified to perform such services and will furnish such services personally. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: Consultant agrees to provide services set forth below under Section I entitled "Residential Relocation Service (Scope of Services)" and the Contractor agrees to pay for such services in the amount and manner set forth below under Section II entitled "Compensation", and Section III entitled "Method of Payment of Fees". SECTION I: Residential Relocation Services (Scope of Services) A. The Consultant will distribute an information booklet on the residential relocation assistance and all appropriate forms and data to each residential occupant expected to be displaced. The Consultant will: 1. Obtain a signed receipt for the informational statement provided by the Contractor in accordance with the applicable regulations. 2. Explain the residential relocation program and the displacee's responsibility to receive benefits. 3. Explain how to receive various kinds of assistance in finding new locations. 4. Explain the residential relocation needs and prepare Family Record Card. 5. Provide Notices of Displacement within 30 days after initiation of negotiations. 5 Agreement Page 2 6. Analyze existing data to determine eligibility of the displacee's relocation expenses for compensation. 7. Interview residential displacee to determine housing needs. 8. Identify and determine the cost of comparable replacement housing. 9. Provide referrals to replacement housing units. 10. Provide other social services, on an as-needed basis. 11. Assist the displacee in determining the more advantageous payment alternative to claim for moving expenses and provide further instructions on how to proceed. 12. Issue 90 day notice as necessitated after referral to replacement housing is made. 13. Determine if selected replacement location is decent, safe, and sanitary. 14. Assist eligible residential occupant in preparation of claim for Replacement Housing Payment for 180 day homeowners. 15. Assist eligible residential occupant in preparation of claim for Rental Assistance Payment and/or pown Payment Assistance for 90 day occupants. 16. Assemble the appropriate claim forms and documentation for signature and submission for approval. 17. Transmit to the Contractor the final claim for its action. The claim will include the amount of payment to be made and any special considerations. B. The Consultant does not assume the responsibility for: * Preparation of Status Reports * Housing of Last Resort Services * Accounting and Record Keeping (except as related to specific claim) * Payment for direct loss appraisals, property analyses, and moving cost estimates and/or bids SECTION II: COMPENSATION The Consultant shall provide all necessary tenant relocation services involving the subject rental property. The total that shall be charged is $65.00 per hour at a cost not to exceed $845.00. � 5A Agreement Page 3 SECTION III: METHOD OF PAYMENT OF FEES Monthly requisitions may be made subject to receipt of a statement from the Consultant specifying that it has performed the work in conformance with the Contract and that it is entitled to receive the amount requisitioned under the terms of the Contract. The Contractor will make payment on such invoices upon receipt, provided, however, that payment shall not be made for any incomplete, inaccurate, or defective work until same is remedied by Gonsultant without additional cost to the Contractor. SECTION IV: LIABILITIES A. The City agrees to hold the consultant harmless from any and all claims or causes of action arising from the City's performance of this agreement. B. The Consultant agrees to hold the City, its agents and employees harmless from any and all claims or �causes of action arising from the performance of the services identified as the Consultant's responsibility in this agreement including but not limited to consultant error and services that consultant completes for the City as a result of any changes made in the contracted services as allowed by Section VII of this agreement. This clause shall not be construed to.limit any legal remedies the City may pursue in the event that the consultant fails to fulfill the Consultant's obligations pursuant to this agreement. SECTION V: PROPERTY COVERED UNDER THIS AGREEMENT 6116 Central Avenue N.E., Fridley, Minnesota. This is a tenant occupied property. , SECTION VI: CONTRACT PERIOD The Consultant shall commence performance of this contract upon Notice to Proceed by the City Manager or upon execution of this Contract and shall complete performance of this contract no later than sixty (60) days after the last occupant of real property has vacated the project area and all appropriate documentation has been provided by the displacee to the Consultant. SECTION VII: CHANGES IN CONTRACT The Contractor or the Consultant may request changes in the scope of the services to be provided. Such changes, �ncluding any increase or decrease in compensation, which are mutually agreed upon by and between the Contractor and the Consultant shall be incorporated in written amendment to this Contract. SECTION VIII: ADDITIONAL CONSIDERATION A. Interest to Certain Federal Officials . Agreement Page 4 No member of or delegate to the Congress of the United States, and no other Federal Official, shall be admitted to any share or part of this Contract or to any benefit from this Contract. B. Covenant Against Contingent Fees The Consultant warrants that it has not employed or retained any company or persons other than bonafide employees or technical subcontractors working solely for the Consultant, to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person other than a bonafide employee or technical subcontractor working solely for the Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the Contractor shall have the right to annul this Contract without liability. � C. Termination of Contract The Contractor or the Consultant may terminate this Contract or renegotiate this Contract upon thirty (30) days written notice. In the event of termination, all property and finished or unfinished documents, data, studies, and reports purchased or prepared by the consultant under this Contract shall be disposed of according to the Contractor directives and the Consultant shall be entitled to compensation for any unreimbursed expenses reasonably and necessarily incurred in satisfactory performance of this Contract. D. Extent of Contract This Contract represents the entire and integrated agreement between the Consultant and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended only by written instrument signed by both Consultant and Contractor. E. Personnel The Consultant represents that it has or will secure all personnel required in performing the services under this Contract as provided above. All of the services herein will be performed by the Consultant or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. F. Non-Discrimination The Consultant will not discriminate against any employee, or applicant for employment because of race, creed, color, sex, national origin, religion, marital status, disability, status in regard to public assistance, or age. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to race, creed, color, sex, 5C Agreement Page 5 G. H. national origin, religion, marital status, disability, status in regard to public assistance, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this nondiscrimination clause. In addition, the Consultant will in all solicitations and advertisements placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origins religion, marital status, disability, status in regard to public assistance, or age. Assignment The Consultant shall neither assign nor transfer any rights or obligations under this Agreement without prior written consent of the City. Special Administrative Provisions All records pertaining to this Agreement shall be maintained by the Consultant for a period of at least three (3) years after the creation of such records. IN WITNESS WHEREOF, the Contractor and the Consultant have executed the Contract on or as the date first written above. By: By: Professional Redevelopment 2300 Central Avenue N.E. Minneapolis, MN Phone: (612) 789-5151 Mayor William J. Nee City of Fridley Resources Inc. Date Date By: Date William W. Burns City Manager City of Fridley 5D Eny�,neer�ng Sewc� '.4alt:r Parks Slreets !�1ainten�nCi; MEMORANDUM � TO: William W. Burns, City Manager ��1� PW93-386 FROM: John G. Flora, Public Works D'uector DATE: October 18, 1993 SUBJECT: Joint Powers Agreement for EVP We have received the joint powers agreement from the Anoka County Highway Department for the cost of installing the Emergency Vehicle Pre-emption (EVP) system (Opticom). The agreement calls for the County and hospita.l to share in the installation of the signal to be located on Osborne Road and the main entrance to Unity Hospital. The City is to pay the cost of installation for the EVP system estimated at $8,640. Recommend the City Council authorize the Mayor and City Manager to enter into the joint powers agreement for the EVP installation on Osborne and main entry into Unity Hospital traffic signal. We will request off-system MSAS funds to defray the cost of this construction. JGF:cz Attachment C� J . ....� ,�- Anoke County Coatrect No. JOINT POWERS AGREEMEh"T FOR T'F� INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF CSAH NO. 8 AND 'I�� MAIN ENTRANCE TO LJNITY HOSPITAL I1�T THE CTfTFS OF FRIDLEY AND SPRING LAKE PARK Project No. CP 93-26-08 THIS AGREEMENT is made and entered into this day of , 1993, by and between the County of Anoka, a political subdivision of the State of Minnesota, Anoka County Government Center, 21Q0 3rd Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County," and the City of Fridley, 6341 University Avenue Northeast, Fridley, Minnesota 55432, hereinafter refened to as the "Ciry." WITNFSSETH: WHEREAS, the parties to this Agreement desire to jointly cause the construction of traffic- actuate� control signals at the intersection of County State Aid Highway (CSAH) No. 8 and the main entrance to Unity Hospital; and WHEREAS, the City wishes to include EVP at that location; and WHEREAS, the parties to this Agreement agree that it is in their best interest that th� costs of said EVP project be paid by the City; and 471.59. WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat. § NOW, THEREFORE, it is mutually stipulated and agree�: I. PUR.POSE: The County and the Hospital have joined together for the purpose of installing a traffic control system at the intersection of CSAH No. 8 and the main entrance to Unity Hospital, as describe� in the plans and specifications numbered 93-26-08 on file in the office of the Anoka County Highway Department and incorporated herein by reference. � � � � II. METHOD: The County shall provide all engineering services and shall cause the construction of Anoka County Project No. 93-26-08 in conformance with said plans and specifications. The letting of bids and the acceptance of all bid proposals shall be done by the County. III. COSTS: A. The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good- faith projections of the costs which will be incuned for this project. B. The City shal( pay for engineering services at a rate of eight percent (89�) of its actual construction costs. C. The total estimated cost to the City is based on the actual costs of construction. The estimated cost to the City is: Construction (EVP) $8,000.00 Engineering (830) 640.00 Total Estimated City Cost $8,640.00 D. Upon final completion of the construction, the City shall pay to the County, upon written demand by the County, the actual cost of construction and engineering, estimate� to be $8,640.00. The City's share of the project shall include only construction and engineering and does not include administrative or other expenses incurred by the Counry. IV. TERM: lfiis Agreement shall continue until (1) terminated as provided hereinafter, or (2) until the construction provided for herein is completed and payment provided for herein is made, whichever (1) or (Z) shall first occur. V. DISBURSEMENT OF FUNDS: All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. -2- . • • ,/ VI. CONTRACTS AND PURCHASES: All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to state laws. VII. STRICT ACCOUNTABILITY: A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. VIII. SIGNALIZATION POWER: The North Suburban Hospital District shall, at its sole expense, iristall or cause the installation of an adequate electrical power source to the service pad or pole for the intersection of CSAH No. 8 and the main Unity Hospital entrance, including any necessary extensions of power lines. Upon completion of said traffic control signal installation, the ongoing cost of electrical power to the signal shall be at the sole cost and expense of the North Suburban Hospitat District. IX. MAINTENANCE: Maintenance of the completed signal and signal equipment will be the sole obligation of the County. X. TERMINATION: This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirry (30) days written nofice delivered by mail or in person to the other party. If notice is delivere� by mail, it shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occuned prior to such notice of termination. XI. AFFIRMATIVE ACTION: In accordance with the County's A�rmative Action Policy and the County Commissioners' policies against discrimination, no person Shall illegally be excluded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color,.sex, marital status, public assistance status, age, disability or national origin. -3- 6C 0 XII. NOTICE: For purpose of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County, Anoka County Government Center, 2100 3rd Avenue, Anoka, Minnesota 55303, on behaif of the County, and the City Manager of the City of Fridley, 6341 University Avenue Northeast, Fridley, Minnesota 55432, on behalf of the City. XIII. INDEMNIFICATION: The City and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective o�cers, agents or employees reiating to activity condUCte� by either party under this Agreement. XIV. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING: It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereaf, as well as any previous agreement presently in effect bexween the parties relating to the subject matter thereof. Any alterations, variations or modifications of the provisions of this Agreement shall be valid only when they have been reduce�i to writing and duly signed by the parties herein. -4- �� IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA z By: Dan Erhart, Chairman County Board of Commissioners Dated: ATTEST By: John "Jay" McLinden County Administrator Dated: RECOMMENDED FOR APPROVAL By: Paul Ruud County Engineer Dated; APPROVID A5 T0 FOR111 By: Dan Klint Assistant County Attorney Dated: �cbmtr�a�,marra.;aa CITY OF FRIDLEY By: Name: Title: Ma.var Dated: By: _ Name: Tide: Dated: - 5 - 6E City Mar�ager RESOLUFIOTT I�A. - 1993 RFSOIxiI'IO�T AP�PRIATIIJG MUNICIPAL S'I'ATE AID F[A�IDB TO A M[7NICIPAL OFF`SYSTII�! PROi7DC,T �, it has been deemed advisable and necessary for the City of Fridley to pay for oost of in.stalling the �x�gem,y Vehicle Pre-ex�q�tion (EVP) system (Opticxan) on a proposed traffic control signal on Osborne Rpad ar�d the main entrance to Unity Hospital, and �,8, said construction project plans ar�d/or agrn�ment shall be subani.tted to the Mi�nesota Department of Transportation State Aid Offioe ar�d identified in its recozds as C.P. 93-26-08 atyd MSAP 127-020-12. I�7W, TF�ORE, 8E IT RESOLVED TI�iT, the City Caancil of the City of Fridley, Anoka County, Minnesota, that an appropriation frcam the Municipal State-Aid F�s in the amo�ant of $10, 000 be made to apply taWard the City EVP system construction costs and request the Coirnnissioner of the Deparbment of Transportation to apprave this appropriation. PA38�ED ADID ADOPl'ID BY 'I� CITY OOI�iCIL O�' 'i� CITY OF F'RIDIEY TfIIB 18'1H DAY OF OCJ.�OBER� 1993. ATl'EST: WILLIAM A. Q�A - CITY C,LERK � WILI,IAM J. NEE - MAYOR P3rK; S�,ee's It.1a�.r�:eria'lce MEMORANDUM �� TO: William W. Burns, City Manager � PW93-425 FROM: John G. Flora,�Public Works Director DATE: November 1, 1993 SUBJECT: Locke Pazk Filter Plant, Project No. 240 At the Council meeting of October 18, 1993, the Council received the bids for the Locke Park Filter Plant Renovation Project No. 240. The low bidder was NewMech Companies, Inc. with a bid of $693,000. Maier Stewart and Associates, our consultant, has reviewed the bids and references and recommends award of the contract to NewMech Companies, Inc. In the City's budget, we had allocated $725,000 for the Locke. Park Filter Plant renovation. Deducting the engineering design and inspection cost of $77,SOO, leaves a project construction amount of $647,500. Based upon the bids received, our consultant has determined that a deduct of $35,000 is appropriate since it is anticipated that the residual sandblasting material from the interior of the plant will not have sufficient quantities of lead to warrant its classification as a hazardous waste. Accordingly, the project cost would be $658,000. Since this is $10,5Q0 over our anticipated budget, our consultant has identified an alternate specification for the manganese removal material. By using synthetic green sand, an additional deduct of $54,000 is possible. It is their recommendation, which I support, that we maintain the natural green sand filter media similaz to what we have in our Commons Park filter plant and which is installed in the New Brighton/TCAAP filter operations. It is our recommendation that the Council awards the contract to NewMech Companies, Inc. with a deduct of $35,000 for a project cost of $658,000. If it is desired to use synthetic green sand, the projeet amount would be $604,000. JGF:cz �7 �•. ri ,,, . .... : BUDGET t993 City of Fridley State ot Minnesota Une Item Detail 1 Repair of Wells 2, 3 and 7 2 Locke Park Filter Plant Repair 3 Chlorine Room Modification 4 Water Utility Computer System TOTAL 175 . � �360.000 312,000 725,000 14,500 70,000 1,400 60,000 6.000 3915.000 533.900 � ,Eng�,neenn^ S�wt' ��.�lal�r MEMORANDUM TO: William W. Burns, City Manager ` (� � FROM: John G. Flora; Public Works Director DATE: November 1, 1993 SUBJECT: Award Contract for Sidewalk Snowplow PW93-405 The sidewalk snowplow bids were received and rejected at the Council meeting of October 4, 1993. The two companies who previously submitted bids received a new specification and a notice to submit bids on October 13, 1993, allowing both machines to meet specifications. The Trackless MT bid by McQueen Equipment, Inc. was low bid after trade-in of the Pony sidewalk plow for $38,500. Also, the lease purchase payment schedule is lower at $14,572.29 a year. Also, MacQueen bid on an optional two-way radio at $499. The 1994 Public Works budget has $18,830 and the first payment is not due until January, 1994. Both machines were demonstrated and driven by Fridley operators. Both machines operated satisfactorily, but the Trackless MT was favored in a number of areas. The City Council received the bids at their October 18 meeting. Recommend that City Council award the bid to MacQueen Equipment Co. for the Trackless MT Sidewalk Snowplow in the amount of $14,572.29 a year for a three year period starting in January, 1994. Recommend Council authorize purchase of the radio with the first lease payment in January, 1994. BN/JGF:cz Attachment 0 � . �. . �; � -�� 1 � Z� � �� ,� � C, �l ici tz or i1. ♦ . �j� �` '�� r. ' C P . �` " �1t w � � y" �� Y '�'�!: _ . . . � a $; r z � � : "� s . 'f'le7� � � � f .:� �� `� �`.. � {, ,-� �.�. k � . : f. „ `� •. +�y,.8 '�s i . , . � �L� � ° � #F�. ��' r ' . i , / • �.�� , ' � � ,..4". � � . . .. _ - � . 'i.. � � � �` � ; . -. tS�!'��A r ' . �f,r� � � , L . i�—'_ �� J �' � R . F . �e. 1- ..j _ � � �, - i. .�, +.�:s� �r� s , _ / !. _ '„ ":��' r � r-�' r .• ) ��.. � �.��rs,�F.'t�aa��5.��#.� b' 2';'� ,.l11 .t��t^ "c ��'°.,�u._. 4'" ,s, +; ie� ' _ ' ' � . "+'h°!,.= �.�"� .r'!a'ii �f4� * � ��` �r�`.i� � °''"€•b?".�1 �'-'�-,l h3 'r' , �J � '!� � s dr, �. �,a' \ . ,�� ;'r'] � ��' r .. , ."�.�� . � �� %' E,i y . 1 �� " �n 1.A L„ / _ .... _. � � � ��' . - / a . S..�., .. . . �e� / . „ .i .��'�'„� � ;�. ,�a t 1� i' �Ck+t''�,m+`f�...� _ �� . � ` .'��„`'�.,�' .� ;� � "��'�'� j � .,� ', r � h :'K'M1fa.�� ,... ��- �: � � � �� I ��r �jT '� r �,_ � 17n`t � 1 • 1 � E�... � r �� . .. . �' ��-� ... 't I-:i ��.-, R .� ,� � �l �� ^ �.'�� _ �K+ e . � . \�\ � .�✓Y ... � ��,1,�+ � �:.\ �' €�.' ; ...,,�-'�ly " .r�i �4f�.1.�.:s�_A. . . t,�`: ,;>` ' , � ��' � '?+�� " :- �. � • �� " i ��tv� t� , ^� o ��'4*+ -� 'J's? ; ��`�"'�, f �,'` �i.,.,�;.`� t�'�' � � _ � � r �t�, . �' � �a ,� 7 3.�4 ,�^j;,�' � 1( t, ; � r� i'.'*., � �—^��i Y?� ' �{�� ; �•� �, ! �; � �;�r' � `,s�.. �' t'� ` . �. '� t ' �� r..�r �'�5�, �:r _e rk�,'.:4. �'e�: �__ ' . s, .i-r.:�:. � :4.;r!�,.,�� A NEW ADVANCED DESIGN FOR MAXIMUM PRODUCTIVITY, SAFETY A. .� OMFORT FROM THE LEApER 1� s MUNICIPAL TRACTOR, FIELD . . - � k' :��'i J �. . Trackless Snow Blower is a highly �-1 �` ienf `wo stage, twin auger unit that has no ,�; �_;.; al ir emoving snow from sidewalks. available in two widths, 51 inch and 70 `�<�: h, goth will accept either a sidewalk chute `�� • a quick change truck loading chute. Many r. nicipalities utilize both chutes with their W blower. After ciearing their sidewalks, ;- change to the truck loading chute to load ��rov d snow from the street or from cul point, sho sac: 'n both cases the maneuverability controls phy�ical size of the MT and blower are unted - apt to create traffic congestion than ue to the p er snow blowers. An average loading time guide the the MT and snow blower is 7 yards per rall heavy duty construction includes 3/8 th's�� k sideplates, a double wall impeller sin� �nd a 15 inch diameter bearing �mb y for smooth accurate chute rotation. � strength, low alloy steel augers with ice s an� a heavy duty balanced impeller, ly handle the toughest snow conditions. snow blower is manufactured by coupler to sup ckless Vehicles to ensure that the ualit �sr spray bars. Q y ser� �ce parts availability is equal to that of MT ;ylinders lift ments. CLESS QUICK � and quic�: to ot a1(ow att� y sideways. � spline. a jack in #o add an ra amper ideration itive and accurate steering of the blower in fined areas and around obstructioris is to the articulated steering of the MT. The ity to move the blower sideways by simply �ing the steering wheel allows the operator afely approach any obstruction. F+ ;THER EVALUATION A ON�TRATION MAY BE ARRANGED ''9: 51" Wide x 38" high with 3/e" end plates. �= 2- 13" diameter spiral with ice picks. ''� 6"' x 24" — 3 blade. '=� ho- sing liner. 2 piece (replaceable�. '=ble �II bearing. = �oi Hydraulic motor and chai�. ' �e� �or. Hydraulic cylinder controlled. � e�9u: 6" x 3/B" hardened �reversible). '' bolts: On auger drive and main P.T.O. drive. '�'n�e Cutting height Using top link. �=hange truck loading chute: 11 dearance " �.05o ii>5 �=i�n��: ao • • Tr Lc (3; CITY OF FRIDLEY Attachment B Budget Detail Form Submitted by John G. Flora Budget Year 1994 Department Division Public Works STREET, PARKS, MECHANICS Account No. 4341 I Rentals Justification: Desc SateHite rentat—satellite 49'er 1250 Cylinder rental Portable compressor Equip. rentals (brush & sod cutter) Lease Agreement Sidewalk Snowplow TOTAL Dollar Amount Requested Inc./Dec. Over Last Year 20,290 Total Budget Requested 26,680 City Manager's Council's Recommendation Decision $5,850 Recreation Dept. 300 1,000 700 18�830 .r� $26,680 9C 9 E,,g,neeung �exe� �'.Vale, MEMORANDUM �;�� TO: William W. �Burns, City Manager PW93-406 FROM: John G. F1ora,�Public Works Director DATE: November 1, 1993 SUBJECT: Change Order No. 2 to Twin City Army Ammunition Plant Interconnect Line, Project No. 248 Kenko Company is proceeding on 64th Avenue with the waterline installation. The street reconstruction is scheduled to follow. Accordingly, in order to maJdmize the effort and minimize the cost and disruption to the new street, we propose to incorporate the storm water system and catch basins into the street reconstruction portion of the project for future connection to the proposed storm water improvement A change order has been submitted by Kenko for the storm sewer pipe, catch basins and manholes associated with the street portion of the project� The change order for this portion of the work is $41,903.80 and an additional four days. This change order will be a City funding responsi'bility as it is incidental to the TCAAP waterline construction project. The Army has no problem with this addition to the contrac� Funds for the work can be obtained from the proposed storm water project when it is approved and assessed or from our storm water fund or street maintenance fund. The additional portion of the 64th Avenue storm water project, extension of the pipe from Mississippi to 64th and from 64th to Central Avenue outlet as well as a detention pond on the Harris Pond ditch, will be dealt with as a separate project It is proposed to submit the concept for the detention pond to the Council at their November 1 meeting for review and comment The second portion of the project is scheduled to be presented to Council at their November 15 meeting. JGF:cz 10 � . �:.,_ � _/ CHANGE ORDER (Instructions on reverse side) No. 2 PROJECT: Fridley/New Brighton Inter- DATE OF ISSUANCE: October 13, 1993 onnection, TCAAP Interconnection Pipeline OWNER: City of Fridley (Name, 6431 University Asrenue NE OWNER's Project No. 248 Address) Fridley, MN 55432 , CONTRACTOR: Kenko, Inc. ENGINEER: 1694 91st Avenue NE Maier Stewart and Associates, Inc. Mpls., MN 55449 1959 Sloan Place, Suite 200 St. Paul, MN 55117 CONTRACT FOR: Fridley/New Brighton Interconnection, TCAAP Interconnection ENGINEER's Project No. 685-004-30 Pipeline You are directed to make the following chang'es in the Contract Documents. Description: Add storm sewer construction on 64th Avenue per the attached plan sheet. Purpose of Change Order: To allow storm sewer installation prior to street reconstruction. Attachments: (List documents supporting change) 1. Plan sheet for "City of Fridley Storm Sewer Improvements - 64th Avenue between Central and Arthur° 2. Schedule of Quantities and Values CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMEt Original Contract Price Original Contract Time $ 1,425,A81.22 October 26, 1993 days or date � Previous Change Orders No. 1 to No. 1 Net change from previous Chanqe Orders $ 20,357.13 - --- . . . . daya . . . . Contract Price prior to this Change Order Contract Time Prior to this Change Order $ 1,445,436.35 October 26, 1993 � � days or date � Net Increase of this Change Order Net Increase of this Change Order $ 41,903.80 4 aaya Contract Price with a11 approved Change Contract Time with all approved Change Orders Orders $ 1,487,340.15 October 30, 1993 � daya or date RECOMMENDE : APPROVED: APPROVEII: BY BY BY ngineer Owner Contractor EJCDC No. 1910-8-B (19B3 Edition) C0�2fi85.004 10A � SCHEDULE OF QUANTITIES AND VALUES CITY OF FRIDLEY STORM SEWER IMPROVEMENTS 64TH AVENUE BETWEEN CENTRAL AND ARTHUR xt�► � 1. 15" RCP Class III LF 2. 18" RCP Class III LF 3. 36" RCP Class III LF 4. 15" RCP Apron EA 5. 27" x 36" Tee,Riser, EA and Casting 6. 72" Dia. Storm Manhole EA (0-8' Depth) 7. 48" Dia. Catch Basin EA with Casting 8. Relocate Existing EA Hydrant to North Side of 64th Avenue TOTAL � co�-�ss.00a 10B � Unit Price Total Price 55 $ 20. 60 $ 1,133. 00 30 30.00 900.00 370 60.00 22,200.00 1 600.00 600.00 2 1,734.24 3,468.48 3 3, 000. 00 3 1, 065.81 1 1,404.89 9, 000 . 00 3,197.43 1,404.89 $41,903.80 r-- z w z Q � � � N d � ° o � -� r., '^ ,O z� � . � U�O� Y, . _ a Z= ' o _ _ Mp3� . -�� mzc�W �- t-OJa ' cn F- a 3 \ ``. L - � o• 0 I W � _ � � � 3 � � . � O.� � _.� _ • W �aZ ..1� J � a ' � Nm� ��.... .t • - Q Z • �n m Q o a �i �v� -F-a^OM � '�'p�pM JWp_ _ ' ' � ��n � �O� Q�N r' v �00�. � CV p�p� NF- Z W �m J Z � m J Z._ m U�- UC9 _ � � \ � a - � N tA Oa0 ;i' . � , � � � "'.r �: t�� Z . ' :.7:.�� !� ,� � . '3 � , -� �. � � ` z — r LL' ' . �� { ' ' i Q ��, ' I� 0 ; J _ ,�0� r 1 ~ O O ~ a � �O> �N� �p� � MMcO �. X p`� OD � X r.Nj 00 � 00 CO c°�iN3� mr�\� ��> c�c�3� �z . i - f __ � ',� 1' i , 41 . � . N' _Y� \ \ . . _ � �.__� �` ._.�_ � ,� � ,n + ;i-� M a N N �M � _ � +�� - �D N fV tp � M � � � � � I `---' . - -.'._ 0 m J i � �� -i . � . M U(.9? �Z � . . / i �- i � � � -' .c` � -:- � I °_ _ I - .. ^ - I. .�' ,.r • . 9 � rt#. � ..�,�.� 'J . • - i - ' ... . ' `�' ,� k•. • ':r�� . . � w. '� �i Z N ^ Z -..-_-.- �� -_ � =pNp��(� E�W� . � ap Z•$S a N d��T'� _�» �°za ��? ? �� ___ ,•� z � �� - - -m��- � �� ///ii, �.� 9�'i i �,D�\\\ �� y� � � ; Y� � � � POLICE DEPARTMENT City of Fridley Minnesota OATE OCTOBER 26, 1993 FROM DIRECTOR SALLMAN SUBJECT POLICE HIRING SIIPPLEMENT PROGRAM MEMORANDUM TO CITY MANAGER ACTION� INFO Attached is a resolution for the November 1, 1993 City Council meeting authorizing participation in the U.S. Department of Justice Police Hiring Supplement Program. The grant has been submitted as there was an October 15th, 1993 deadline. The only resolution requirement in submitting the grant was an agreement to continue the salary and benefits of officers hired under the grant at the end of the three year grant period. We have been in contact with the Department of Justice and will forward the resolution upon approval by the City Cvuncil. The grant request from Fridley is for salary and benefits for the three officers over a three year period. The grant limit is $75,000 per officer for a total of $225,000 requested over a three year period. The City of Fridley's match for that period is -�-.��lt'� assuming grant approval. T�� i�em was tabled from the October 18th, 1993 Council Meeting due to a lack of four Council mexnbers. Staff recommends approval of the resolution. DHS/sa 11 RESOLUTION NO. - 1993 RESOLUTION AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AND EXECUTION OF THE GRANT AGREEMENT - FEDERAL POLICE HIRING SUPPLEMENT PROGRAM 0 BE IT RESOLVED, that the Fridley City Council authorizes application to the United 5tates Department of Justice for funds under the Police Hiring Supplement Program. BE IT FURTHER RESOLVED, that the Fridley Public Safety Director is authorized to act as the representative for the City of Fridley in applying for said funds. BE IT FURTHER RESOLVED, that the City of Fridley will provide matching funds as is required under the grant program. BE IT FURTHER RESOLVED, that the City of Fridley will pay the full cost of salary and benefits for officers hired under the Police Hiring Supplemental Program at the end of the three year grant period. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18TH DAY OF NOVEMBER, 1993. ATTEST: WILLIAM CHAMPA - CITY CLERK 11A WILLIAM J. NEE - MAYOR 12 �� _ I C��F FR(DLEY MEMORANDUM Municipa! Center 6431 University Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 Wiliiam C. Hunt Assistant to the City Manager �� Memo to: William W. Burns, City Manager � From: William C. Hunt, Assistant to the City Manaqer � Subject: Amendments to Chapter 4 Date: October 2�, 1993 of the Fridley City Charter At the September 27, 1993 meeting of the Fridley Home Rule Charter Commission the attached amendments to Chapter 4 of the Fridley City Charter were approved by the Charter Commission and recommended to the City Council. On behalf of the Charter Commission I request that you present these. amendments to the Fridley City Council at their meeting of November 1, 1993 with the recommendation of setting a public hearing at the Council meeting on December 13, 1993. WCH/jb Attachment 1-� ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 4 NOMINATIONS AND ELECTIONS Section 4.01. GENERAL ELECTION LAWS TO APPLY. Except as hereinafter provided, the general laws of the State of Minnesota pertaining to registration of eligible voters and the conduct of primary and general elections shall apply for all municipal elections of such officers as are specified in this Charter. The Council shall, through ordinances duly adopted in compliance with such state laws and this Charter, adopt suitable and necessary regulations for the conduct of such elections. (Ref. Ord. 857) Section 4.02. REGULAR MUNICIPAL ELECTIONS. Regular municipal elections shall be held on the first Tuesday after the first Monday in November, at such place or places as the City Council may designate by resolution. 3�^z-�1�!egular municipal elections shall be held every even numbered� year. The Council may divide the City into as many voting precincts as it may from time to time deem necessary. Each ward shall constitute at least one (1) voting precinct and no precinct shall be in more than one (1) ward. At least fifteen (15) days' notice shall be given by the City Clerk of the time and places of holding such election, and of the officers to be elected, by posting a notice thereof in at least one (1) public place in each voting precinct and by publishing a notice thereof at least once in the official newspaper of the City, but failure to give such notice shall not invalidate such election. (Ref. Ord. 919, Ord. ) Section 4.03. PRIMARY ELECTIONS. On the first Tuesday after the second Monday in September there shall be a primary election for the selection of two (2) nominees for each elective office at the regular municipal election, unless only two (2) nominees file for each elective office. , �?rimary ana—��municipal elections shall be held every even numbered year;l;:?::;:: �;��:;?:>jt��;��. (Ref. Special .......:..::..:......:::::: :..: �.:;:.. :: :.;. �. :: .... Election 4/12/60, Ord. 592, Ord. 919, Ord. j� 13A Section 4.04. SPECIAL ELECTIONS. The Council may by resolution order a special election, fix the time of holding the same, and provide all means for holding such special election, provided that three (3) weeks' published notice shall be given of said special election. The procedure at such elections shall conform as nearly as possible to that herein provided for other municipal elections. Section 4.05. JUDGES OF ELECTION. The Council shall at least twenty-five (25) days before each municipal election appoint two (2) registered voters of each voting precinct to be judges of elections therein and one (1) registered voter of the same precinct to be head judge of election, or as many more or less as may be determined by the Council. No person signing or circulating a petition of nomination of candidate for election to office or any member of a committee petitioning for a referendum or recall shall be eligible to serve as a judge of such election. (Ref. Ord. 592, Ord. 873) Section 4.06. NOMINATIONS BY PETITION. The mode of nomination of all elective officers provided for by this Charter shall be by petition. The name of any eligible voter of the City shall be printed upon the ballot whenever a petition as hereinafter prescribed shall have been filed in that person's behalf with the City Clerk. Such petition shall be signed by at least ten (10) registered voters qualified to vote for the office in question. No elector shall sign �e��t�e�s�e-- ° �~a��'--- �t�a�t-��—��e�e-€—e�ces �e—l��r�ee�--�t t�z �i`��:e:>>:<::�#��::::;::::�';'t� ��t�':�:<"::":`':�;::::>::>::»:::<_,::::_,.;:<::;:;:>:.:::_.`.:`;>:.:,�_:::.:.�.::::::;:>:::.,.,s,.� ><:;<;:.,s;_<.;;�:,:"::`:":��:'::«„_:;:.:.::>:.;::>:.,..:.:.>:,.,.;::.>r.::.::.;„;._;;::<._.. � :.>; :;::::.::.;::::.;;: :.::.:::.::.:::.::.:::.::::.:::.::.:�::.;.. .. �.:.>:::>�::;:.:z4�::......or...:��:>::�f�x.�� ar....��.��:;;.;;�:�r�.:..�� :azx election. Should . , .... ,.:., : :.:::.>:;;;;:<:::.;:.::-;;;:.;:;.:;.;;:.:..;....;� ::: ...... ...: .. :::::::.:�::::::::::: ... :... . ........ .... . . such a case occur�; ��the � signature s�al�l��be void� as to the petition or petitions last filed. All nomination petitions shall be filed with the City Clerk in accordance with Minnesota State Statutes. Each petition, when presented, must be accompanied by a€�e �:�n dollar ($�-6�_��T.00) filing fee. (Ref. Special Election 4/12/�60, General Election 11/3/64, Ord. 825, Ord. 857, Ord. 921, Ord. ) Section,4.07. NOMINATION PETITIONS. The signatures to the nomination petition need not all be appended to one (1) paper, but to each separate paper there shall be attached an affidavit of the circulator thereof stating the number of signers of such paper and that each signature appended thereto was made in the circulator's presence and is the genuine signature of the person whose name it purports to be. With each signature shall be stated the place of residence of the signer, giving the street and number or other description sufficient to identify the same. The nominee shall indicate by an endorsement upon the petition acceptance of the office if elected thereto. The form of the nomination petition shall be substantially as follows: 13B NOMINATION PETITION We, the undersigned, registered voters of the City of Fridley, hereby nominate . . . , whose residence is . . . . , for the office of ...., to be voted for at the election to be held on the . . . . day of . . . . , 19 . . ; and we individually certify that we are registered voters and that we have not signed �e��:�� nomination petitions of candidates for this office-�#a� ''-��-}se�s e�rs �e�=-e��ea�re��e . Name Street and Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . being duly sworn, deposes and says, "I am the circulator of the foregoing petition paper containing signatures and that the signatures appended thereto were made in my presence and are the genuine signatures of the persons whose names they purport to be." . . . . . . . . . . . . . . . . . Subscribed and sworn to before me this ..... day of ..... , 19 . . This petition, if found insufficient by the City Clerk, shall be returned to . . . . . . , at Number . . . . . . . Street. I hereby indicate my willingness to accept the office of .... if duly elected thereto. (Ref. Ord. 857, Ord. ) Section 4.08. CANVASS OF ELECTIONS AND TAKING OF OFFICE. The Council shall meet and canvass the election returns within seven (7) calendar days after any regular or special elections, � shall make full declaration of the results:�:: and file a statement thereof with the City Clerk,-:�:: a�-s-�aid statement shall be made a part of the minutes. This statement shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for each candidate, with a declaration of those who are elected; (d) a true copy of the ballots used; (e) the names of the judges of election; and (f) such other information as may seem pertinent. The City Clerk shall forthwith notify all persons elected of the fact of their election, and the persons elected shall take office at the time provided for by Section 3.01, upon taking, subscribing and filing with the City Clerk the required oath of office. (Ref. Ord. 592, Ord. ) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 13C � _ � Community Development Department PI,ANNING DIVISION City of Fridley DATE: October 28, 1993 � TO: William Burns, City Manager�`�' FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Extension of Special Use Permit, SP #90-07, and Variance, VAR #90-30, by Pat and Rita Boyle; 6261 Rainbow Drive N.E. The City Council approved an extension of special use permit, SP #90-07, and variance, VAR #9fl-30, until November 1, 1993 at its October 19, 1992 meeting.. The petitioner has subsequently contacted Councilmember Billings and .requested that another extension be approved until November 1, 1994. The petitioner has been unable to begin construction within the timeframe of the previous extension due to personal financial difficulties. The petitioner has indicated that construction during this next extension period may be possible. Staff recommends that the City Council approve extending the special use permit, SP #90-Q7, and variance, VAR #90-30, until November 1, 1994. " NIl�i/dn M-93-630 / _ CITYOF FR[QLEY MEMORANDUM Municipal Center 6431 University Avenue N.E. Office of the City Manager Fridley, MN 55432 William W. Burns (512) 571-3450 TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager ,�� DATE: October 28, 1993 SUBJECT: Grant Resolution - Regional Senior Citizens Center I am proposing that the four cities involved with the regional senior citizens center project submit a grant application offered by the Board of Government Innovation and Cooperation. Altogether, $1 million is available for grants in three general areas: 1. Service sharing; 2. Service budget management models; and, 3. Cooperation planning. We are suggesting that we submit a service sharing grant application for start- up costs associated with the regional senior citizens center. Altogether $375,000 is available in this grant category. Competition for the grants will be based on the number of jurisdictions who are a party to the agreernent, the extent to which the project may serve as a model for other jurisdictions, the amount of local money the state money will be leveraging, and the extent to which the project eliminates duplication of costs for the communities that are involved. The grant application requests that the grant program provide $120,000 to help cover some of the construction costs in building the regional senior citizens center. This amount is about five percent of the total project cost. Grant applications are being sought in two phases. The preliminary application must be submitted by November 5, 1993. Depending upon if we are i�vited, we will submit phase two of the application prior to January, 1994. 15 Grant Resolution October 28, 1993 Page Two The attached resolution foilows the format suggested by the State, and is being submitted in each of the four communities. It resolves that the City Council supports the project and the submission of a grant applica#ion. It is understood that if the money is granted and the project does not materiaJize the grant money wi!! be returned. The grant application was reviewed and discussed by the Regional Senior Citizens Center Task Force at their meeting on Wednesday, October 27, 1993, in Spring Lake Park. The Task Force gave unanimous approval to proceed with the application. Staff recommends Council's approval of the attached resolution. WWB:rsc Attachment 15A RESOLIITION NO. - 1993 RESOLUTION FOR SIIBMISSION OF GRANT APPLICATION TO THE STATE BOARD OF GOVERNMENT INNOVATION AND COOPERATION FOR THE PROP08ED REGIONAL BENIOR CENTER WHEREAS, the city of Fridley is a party to an agreement between the Metropolitan Council and the cities of Mounds View, New Brighton, and Spring Lake Park (here-in-after) referred to as "the cities" to explore opportunities for improving cooperation between the cities relative to the provision of public services; and WHEREAS, the cities have identified the potential for improved cooperation in the area of senior citizen services; and WHEREAS, the cities have identified the need for a Regional Senior Citizen's Center and expanded senior programs and services; and WHEREAS, the cities have identified start up costs that are needed for the construction of a Regional Senior Citizen's Center; and WHEREAS, the State Board of Government Innovation and Cooperation is now accepting applications for Cooperation Planning Grants and Service Sharing Grants; and WHEREAS, the aforementioned implementation need of the cities is deemed to be a project which is eligible for funding by the State Board's grant programs. NOW, THEREFORE, BE IT RESOLVED that the Fridley City Council supports, in concept, the submission of the grant application to the State Board of Government Innovation and Cooperation to help fund the aforementioned service sharing project. BE IT FURTHER RESOLVED, that, at the request of the Board of Government Innovation and Cooperation, the Fridley City Council will consider adopting a subsequent resolution prior to January 7, 1994 which pledges the support of the Fridley City Council to all aspects of the grant applications that are to be submitted to State Board of Government Innovation and Cooperation. PASSED AND ADOPTED BY THE CITY COIINCIL OF T8E CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM CHAMPA - CITY CLERK WILLIAM J. NEE - MAYOR 15B JK93-177 16 17 .�. �' FOR CONCURRENCE BY THE CITY COUNCIL , ��' November 1, 1993 Type of License: B�r_ CHRISTMAS TREE LOTS �- Bork Tree Farms, Inc. � Todd Bork 7595 Highway 65 Fridley, MN 55432 Bork Tree Farms�Inc. Todd Bork University & Osborne Rd. Frid]ey, MN 55432 Menards Inc. John Menard 5351 Central Ave.N.E. Fridley, MN 55421 Snowy Ridge Farr�s Kendall Stone Holly Center Parking Lot � Fridley, MN 55432 ENTERTAINMENT Sports Spree Fun Park Alan Cross 1001 E. Moore Lk.Dr. . Fridley, MN 55432 � USED MOTOR VEHICLE Baar Motors Roland Benjamin 7810 University Ave.N.E. . Fridley, MN 55432 � a 18 Approved By: Richard Larson Fire Inspector Richard Larson Fire Inspectar Richard Larson Fire Inspector Richard Larson Fire Inspector LICEN8E8 Fees: � � $200.00 'Deposit $100.00 $200.00 Deposti $T00.00 � $200.00 Deposit $100.00 $200.00 Deposit $100.00 David Sallman Public Safety Director David Sallman • Public Safety Director 0 $85.00 $150.00 n � � FOR CONCURRENCE BY THE CITY COUNCIL GAS SER�.CES Cronstroms Heating b'z AC 7201 W Lake Street St Louis Park MN 55426-4320 Fireside Corner Inc 2700 N Fairview Ave Roseville �IN 551 i2-I306 Peter Rice William Perzichilli GENERAL CONTRAGTOR-COMMERCIAL . Diversifieci Construction 7010 Hwy 7 - St Louis Park MN 55426-4223 James Rowland Gilbert Construction Co Inc 1202 Jackson St St Paul Ml`1 5S 117-4612 Richard Gilbert HRDC Construction 1Q01 E 24 St Minneapolis MN 55404-3832 Wayne Payne GENERAL CONTRACTOR-RESIDENTiAL Barkley Construction Co(1944) 1111 24 Ave NE Minnea.polis MN 55418-3845 Harold Barkiey Custom Work (1514) . 5480 Yorktown Ln Plymouth MN 55442-1940 Rob Pipal Midwest Restoradon � Construction (5267) 1121 80 Ave NE Spring Lake Park i1�iN 55432-2040 Gary Wruck T W Remodeling (1489) 9574 Teakwood LN N Maple Grove MN 55369-7123 Todd Walock HEATING Cronstrams Heating X� AC 7201 W Lake St St Louis Park MN 55426-4320 Peter Rice � . LICENSEB GARY FORD Bldg/Mech fnsp ' Same THOMAS BLAZINA Chief Bldg Ofcl Same Same STATE OF MINN STATE OF MINN Same Same THOMAS BLAZINA Chief Bldg Ofcl M 8i D Plumbing 8i Heating Inc 11050 26 St NE St Michael MN 55376-9231 PLUMBING Bradley Plumbing 2081 Park Row N St Paul MN 55109-4133 M dk D Plumbing 8i Htg Inc 11050 26 St NE St Michael MN 55376-9231 Nasseff Plumbing 6712 40 St Oakdale MN 55128-3105 SIGN ERECTOR Attracta Sign 7420 W Lake St St Louis Park MN 55426-4363 Melvin Daleiden Greg Bradley Melvin Daleiden John Nasseff Tom Buettner . . Same STATE OF MINN Same Same THOMAS BLAZINA Ctuef Bldg Ofcl 18C 19