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12/13/1993 - 4934/ ' CITYOF FRIDLEY FRIDLEY CITY COUNCIL DECEMBER 13, 1993 PLEDGE OF ALLEGIANCE: APPROVAL OF MINUTES: City Council Meeting of December 1, 1993 ADOPTION OF AGENDA: OPEN FORUM. VISITORS: (Consideration of Items Not on Agenda - 15 Minutes) NEW BUSINESS: . ��s�lut�an Adopting a B€�dget for:the � �iscal Year 1994 . . . . . . . . . . . . . . . . . . � �� ' 0 , � �� 1 ,.�� ' �, ,,, , ,, ._ � '�� :..�'�.1-1B Resolution Declaring th��+�e�siiy to � ��evy a� Tax Which Appears to� be in � �' Excess ofi 16 Mills and Cerfifiying Tax ` ��- � � Le fie uireme �� , vy q nts for i 994 �o the `+,� � County of Anoka for Collection . . . . . . . . . . . . . . . . .9 . . . 2 - 2B �� :��. ti �a S G�'` � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1993 Page 2 OLD BUSINESS: Second Reading of an Ordinance Establishing Chapter 128 Entitled "�te�tent of ��t�ri�r Public ��r�ces" tQ #he Frid#ey �ity- Code� NEW BUSINESS (CONTINUED� Resolution Giving Preliminary l Approval to a Proposal for the � fssua�ce of Bonds to �inance the�' ,,,�^�� A�cquisi'Eion �f a Mu1ti-Fa�tity � �;� �+er�i Housing �a�'�y.and , :-,�r,p ��. Authorizing an Application for Allocation for Bonding Authority f G to the Minnesota Department of �� Vt' p � �� ................ 3-3F �� _ —�,��, �� c Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 - 4B Resolution Designating��g P1�t:� ��d �4ppointang '�lection .ludge� ��he January 11, 1994, Special Election ... �� r � 0 � ....�......... 5-58 i�� First Reading of an Ordinance Amending �pter 11', "General Provisions and Fees " b A d' S t' 11 10 ��v , y men �ng ec ion �. ..� � �� p � .�c.� .......... 6-6G FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1993 Page 3 NEW BUSINESS �CONTINUEa): Receive an Item from the Minutes of the Planning Commission Meeting of � N�� '�`��`� October 27, 1993: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 7Q A. S��cial Use Permit Request, SP #93-07, by�l�it��1 Medical` �linic, to Allow Veterinary Clinics Conducting Vaccinations, Generally Located at 250 Osborr Road N.E. � u. �'� �i � � � Receive Items from the Appeals �/ Commission Meeting of November 23, 1993: ....................... �� s � l� � i�% . ��,�i . ,�;��- . � . . : :�� A. Variance. Request, VAR #93-32, by Anoka County: . . . . . . . . . . . . . . . . . . . . . 8 - 8FF � . 1. To Reduce the �r�t'��t'd Se�b��l� �� pj � frt�m 35: Feet to 8 Feet at �� '�artman Cir�le N.E:; � y� �� 2. To ��u�e #he Fr�t Yard ��tbac� � from 35 Feet to 15.22 Feet at �� ' `�0 �tst° R�e� �#�oad. �.E.; . / 3. To F�+duce #Me F�ant �'�trd S�k from 35 Feet to 28.44 Feet at �3� - 71s# Way N.E.; and, 4. To Reduce the Front Yard Setback from 35 Feet to 31 Feet, and to Reduce the Lot Area from 9,000 Square Feet to 8,363.52 Square � Feet at" �-99° Nick�ry Street N.E. t '�� S �� c�'�°`�,� � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1993 Page 4 NEW BUSINESS (CONTINUED� Receive ltems from the Appeais Commission Meeting of November 23, 1993: B. Variance Request,r VAR #93-33, by � `J. T11Ai{�er �f Al�i#�r �une�' ��ne, �+a{ R�c�c�' � ��e . Xard n ��aac�k� �r�tn- '15 �e�t to' 3 ��e�` to A11ow the Construction of an Addition for the Use of Hearse Loading and Unloading, Generally Located at 6210 Highway 65 N.E. Consideration of Possible 'I+�ui�t� Ab�tem�nt a# 741� �ll�� S�i�� #�#:E. . . . . . . . . . . . . . . . . . . . Resolution Designating Target Neighborhoods to , ,�. ;;:��:: U�der I�it��e��in�� inau�e Ager�ey's Community Rehabilitation Fund Program . . . . . . . . . . . . . Resolution Approving �:�. �.�.,: �� u�� Park 4th Addition (Generally Located at 500 - 73rd Avenue N.E.) ................. � il n �/L ��i�, �� ,. � . . �, � � � 8GG - 8QQ � � �� .� � � � �� C�!�u . . . . . . . . . . . . (.,�:' . . � • . 10 - 10B . . . 11 - 11F FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1993 Page 5 NEW BUSINESS (CONTINUED�: A rove Amendment to .:19f.�3 Anoka ,�`'� � County Joint Powers Agreer�t�nt �for 7� �r,�✓ V� N'� Residential Rec clin Pro ram . . . . . . . . � ! . �S. 12 - 12B Y 9 9 . . . •„�,,� I . . 1 Establish �'ubtic Hearing for � .��nuary 18, 1994, for an Ordinance ��- �,, Amending Chap#er 2 arid Sectian 4.04 �,�%�G of the �r�dley City Charter . . . . . . . . . . . . . . . . . . . . . �. 13 - 13G Approve 1994 Agreement Between the City of Fridley and the �C. �'�dley Communications Workshop . . . . . . . . Approve Payment to the �i#y o# 1�#ew Brighton #or City of Fridley's C�sts Associated with the �'CI�1AP 1N�#�er Interconnection Project �� !�--L�� _ ......;_��.14-14B ��ti �N � ��'�`-�-. .................... ..... � Resolution Ordering Improvement, Approval of Plans and Ordering ��,� Advertisement for 8�c�s; �snitary Sewer Repair Project No. 263 . . . . . . . . . . . . . L� 15 15H 16 - 16D _�� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1993 Page 6 NEW BUSINESS (CONTINUED): Resolution Ordering Improvement and Advertisement fo�;.�ds for � �,,Q,� °`1�#i �do. 1 Rep�ir and Maintenance �� Project No. 264 . . . . . . . . . . . . . . . . . . . � �n. . . . . . . . Resolution Ordering Improvement and Advertisement for Bi�s for �.�_.,.. �E� lN�tl No. 8 Repa�r and I��t�tenar� ��` ,��J� Project No. 264 . . . . . . . . . . . . . . . . . . . . �,�,� �n� . . . . . . �� 17 - 17D : :• Resolution by the City of Fridley �A�d�ir�g t�►e Per�'nanent Ru�e� of tt� ,�., ��-�-�.i �1�nd C�rr�etwatic�n A►ct .� . . . . . . . . �� . �� . . . . . . . . . 19 - 19B �� , � � �'�' Resolution ;�t+eh�fiing tfie; Re�yment ��cheduie of � Lc�an to tMe Fridle� �li�iaric�tl So�iet� . . . . . . . . . . . . . . �'t��ution Authc�rizing R�demp��n ��C�t�a1 tJbligation Special Assessment Fund Bonds of 1982 � �� , . . . .�I�� . . . E � � 20 - 20A ��. �� 21 - 21 B ...........�,...... �� U�` �� FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1993 PaQe 7 NEW BUSINESS (CONTINUED� Reso�u#ion Authorizing Redemption , , , � of �enerai Qbligation improvernent Re€und Bor�ds of 1986 . .. "--. � n r�� / 22 - 22A �n9 . ... .. . ��.'�. . � � Resolution Authorizing Increase in �� ompensation for Fridiey Cit�F� l� j�_�.�,,�.� Empioyees for the 1994 Calendar Year . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . 23 - 23A �= ��1 ; N Resolution Designating �r�e and Nut�ber �# Councif Meetings for 1 �9�4 � . . . . . . . �1 �d � 1 -;��' �A'�� b �� N �� ,�� Approve Legat Services Agreem�n# - Between Barna, Guzy & Steffen, Ltd., �� and the City of Fridley . . . . . . . . . . . . . . . . 0 24 — 24B / �, .�� . . ��: . . 25 - 25D Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . 26 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 13, 1993 Page 8 NEW BUSINESS (CONTINUEDZ Claims . . . . . . . . � . . . � . . . . . . . . . . . . . . 27 l � ,� � � � Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . 28 - 286 � Estimates . . . . . . . . . . . . . . �. . . . . . . . . . . . . 29 - 29� ° v ADJOURN: T$E MINUTES OF THE SPECIAL MEETING OF THE FRIDLEY CITY COIINCIL OF DECEMBER 1, 1993 The Special Meeting of the Fridley City Council was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING. NOVEMBER 15, 1993: MOTION by Councilman Schneider 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: Councilman Billings requested that the license for Hayfield Tree Farm be deleted. He also wanted to add a license for Lyndale Garden Center for a Christmas tree lot. MOTION by Councilman Schneider to adopt the agenda with the above correction. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: HOWARD WALTERS, 262 ELY STREET: Mr. Walters, 262 Ely Street, stated that he felt he was being bashed, as he received a citation for burning garbage in his garage. He stated that he only burns compressed paper in a stove in his garage and, when the City investigated a complaint by a neighbor because of the smell, it was several hours after the fire was out. He stated that there are two electrical lines located in back of his property which crack together when it rains. That is where the smell is coming from, not from his burning. He stated that the Fire Department called Northern States Power to fix the lines and he thanked them for having this fixed. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1. 1993 PAGE_2 Mr. Walters stated that he was asked if he had garbage service. He stated that he does not have this service, but he hauls his garbage, to the dump and compacts the paper so it can be used as fuel. Mr. Walters stated that he has to appear in court because he does not have this service. He stated that he did not know he had to have garbage service. He stated that the lowest rates are $16 per month, and he can haul a whole trailer load to the dump for this price. Mayor Nee asked if it is required that a resident have garbage service. Ms. Dacy, Community Development Director, stated that this is required in the City Code. Mayor Nee asked if the code requirements would be satisfied if Mr. Walters hauls his trash to the dump. Ms. Dacy s�ated that she did not know if there were any citations of this nature issued in the past or if the court would find this an acceptable alternative. Mr. Walters stated that he also received a citation for parking a vehicle on the grass and not on a hard surface. He stated that he was not aware of this code requirement, and it should be publicized. Mayor Nee advised Mr. Walters to appear in court and stated that it needs to be determined what else might be involved. PETER EISENZIMMER, 6535 OAKLEY DRIVE: Mr. Eisenzimmer, 6535 Oakley Drive, stated that at the time recycling began in the City, the rates were $2.50 per quarter, and now they will be $4.00 per quarter. He stated that he understood that the $2.50 charge was to pay for the containers and that this cost would not be raised. He stated that everything keeps going up in cost, including taxes and garbage fees, and he felt that something has to be done about it. Councilwoman Jorgenson stated that Anoka County contracts with a center where the garbage is burned and with recycling the amount of garbage has decreased so garbage costs rise. She stated that the state and county mandate how much the City has to recycle. If this is not met, the subsidy is decreased. Mr. Eisenzimmer stated that his garbage bill has risen one hundred percent since recycling began. He stated that if recycling had not started the costs would be less. Councilman Schneider stated that the reason for recycling is an environmental concern. He stated that there really are no answers FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1. 1993 PAGE 3 for how to deal with this problem, and costs will increase until consumers demand better packaging to reduce recycling. Mr. Eisenzimmer stated that the fact is that all increases, whether they be in the areas of social security, health insurance, taxes, or utilities, hurt people on fixed incomes. PUBLIC HEARINGS: 1. PUBLIC HEARING ON ADOPTION OF THE 1994 CITY OF FRIDLEY BUDGET: AND TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS: MOTION by Councilman Schneider 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. Mayor Nee stated that this public hearing is to satisfy the provisions of the state's truth in taxation legislation and to satisfy the City's Charter requirement. Mr. Burns, City Manager, stated that this budget year began with threats from the Legislature and the Governor to eliminate Local Government Aid and the Homestead and Agricultural Credit Aid (HACA). He stated that a shortfall was predicted of over $700 million which was later reduced to over $160 million due to better than expected income tax collections. He stated that it was recently learned that the state has a$414 million surplus. He stated that the legislature passed a new "needs" formula that will be used to justify future distributions of LGA. This formula does not hurt Fridley, but it leaves the City revenue neutral. Mr. Burns stated that this year Representative Myron Orfield's efforts addressed the growing disparity between have and have not communities. This Metropolitan Community 5tability Act which would have benefitted the communities with blight, lower incomes, and more dependent populations. He stated that if this bill had been successful it would have created a more powerful, elected Metro- politan Council; redistributed LGA and HACA revenues to communities on the basis of socioeconomic need; redirected state and federal transportation dollars toward mass transit and other programs to help the central cities; and limited use of tax increment financing for aleaning up urban blight. He stated that although very little of this bill became law, it can be expected that it again will be a major source of legislative debate in 1994. Mr. Burns stated that in considering the budget, the City Council identified several priorities to address potential urban blight in Fridley. He stated that Council's top priorities are to implement the various housing rehabilitation programs, to make Fridley a safer community with respect to crime, and to implement a revised FRIDLEY CITY COIINCIL MEETING OF DECEMBER 1, 1993 PAGE 4 rental inspection program. He stated that the council also wishes to develop projects that contribute to a solid community image and stimulate community spirit and pride. Mr. Burns stated that the City's department managers developed goals and objectives for 1994 which responded to the Council's directions. He stated that the Police Department has proposed the establishment of a street crime unit that would provide flexible, targeted responses to community problems. He stated that the Police Department is also proposing to establish a program to assist at-risk families at large multi-family apartment complexes. He stated that in order to implement these programs, three additional police officers will be hired. Mr. Burns stated that the Community Development Department will implement a new rental housing program to strengthen the City's ability to improve rental housing in Fridley. Mr. Burns stated that a very ambitious schedule of capital improvement projects has been identified. He stated that these projects include street improvements, playground equipment upgrades, construction of a new shelter at Commons Park, reconstruction of the Locke Park water treatment facility, and water and sewer system upgrades. Mr. Burns stated that the Council granted a three percent cost of living increase to City employees, which was in line with increases in neighboring communities. He stated that the City's personal computers would be replaced, a geographic information system would be developed, a sidewalk plow and blower would be leased, and four poZice cars would be purchased. Mr. Burns stated that recycling was discussed, and recognizing there was a tremendous increase in the hauling and recycling business, the council opted to raise the recycling fees from $2.50 per quarter to $4.00 per quarter. He stated that the sewer rates were also discussed and, due to increases from the Metropolitan Waste Control Commission, the rates were raised based on water usage. He stated that this will not result in increased costs for residential customers in those households with average or less than average winter quarter water usage. Mr. Burns stated that the council decided not to raise property taxes but instead use $240,000 from the General Fund Reserve to balance the General Fund budget. Mr. Burns stated that the total budget is $11.4 million or a 9.4 percent increase from the 1993 budget. He stated that a large majority of this increase is related to capital improvements and not operating costs. He stated that while all budgeted expenditures will increase by more than nine percent, the General Fund has increased by only 3.1 percent to $9.4 million. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 1, 1993 PAGE 5 Mr. Burns stated that the cost of Personal Services amounts to $6.9 million, a 3.9 percent increase from 1993. He stated that a large portion of this increase is to hire three additional police officers. Mr. Burns stated that there are a number of tables included in the budget which are mandated as a result of State legislation. He reviewed Table 1 which included the percent of the total budget which represented compensation costs for employees. Mr. Burns stated that in 1992, personal service costs were $6,543,903 or 65.13 percent of the total budget of $10,047,617; in 1993, personal service costs were $6,717,275 or 64.28 percent of the total budget of $10,450,288; and in 1994, personal service costs were $6,968,212 or 60.83 percent of the total budget of $11,455,209. Mr. Burns stated that Table 2 covers the cost for supplies. He stated that the 1994 budget for supplies is $515,475 or a 5.9 percent decrease from 1993. He stated that Table 3 covers other services and charges in the amount of $1,615,507 and represents a 4.5 percent increase. He stated that the increase is due to leasing a sidewalk snowplow and blower and anticipated increases in the cost of professional liability insurance for the Police Department. Mr. Burns stated that Table 4 covers Capital Outlay Expenditures in the amount of $192,659 or a 19.8 percent decrease from 1993. He stated that these funds would be used to purchase four new police squads, three mobile data terminals for police cars, a dump truck, an electric gate opener, a garage hoist, an aerator generator for Moore Lake, a pickup truck, and an air compressor for the Fire Department. Mr. Burns stated that overall, special revenue funds have increased from $408,625 in 1993 to $518,985 in 1994. He stated that these special revenue funds cover the Cable Television Fund, the Grant Management Fund, the Solid Waste Abatement Fund, the Capital Projects Fund, Buildings and Lands, Streets, and Parks. Mr. Burns stated that the Cable Television Fund has increased from $98,177 in 1993 to $111,475 in 1994. This is due to replacement of video equipment in the Council Chambers. He stated that the Grant Management Fund has increased from $151,454 in 1993 to $189,454 in 1994. Expenditures from this fund are used for the Community Development Block Grant programs involving housing rehabilitation ($102,800) and human services grants ($30,600), as well as Section 8 housing assistance ($26,595) and chore services ($29,459). Mr. Burns stated that the Solid Waste Abatement Fund budget is $218,056 for 1994, as collection of recyclables has increased by $53,602. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 1, 1993 PAGE 6 Mr. Burns stated that the Capital Projects Fund has increased from $954, 500 in 1993 to $1, 568, 000 in 1994 . He stated that most of this increase would be used for street construction, replacement of a fire engine, and purchase of computer equipment to enable citizens to make inquiries regarding utility billing, property taxes, recreation registration and other areas at any time of the day or night. Mr. Burns stated that in the Streets category, the budget has increased from $751,000 in 1993 to $1,034,000 in 1994. He stated that this figure includes $500,000 for neighborhood street reconstruction; $224,000 for sealcoating; $100,000 for the street overlay program; $110,000 for the upgrading of East River Road; and $100,000 for upgrading Main Street. Mr. Burns stated that in the Parks category, the budget has decreased from $198,500 in 1993 to $194,000 in 1994. He stated that the major project in 1994 is the construction of a park shelter and restroom at Commons Park and to update playground equipment. Mr. Burns stated that there are four Enterprise Funds which include. Water, Sewer, Storm Sewer and Liquor Operations and are shown in Table 5. He stated that these funds have increased by 7.5 percent in the areas of water and sewer related to debt service and depreciation. He stated that $343,538 of the projected increase in the Sewer Fund is attributable to additional sewage disposal costs levied by �he Metropolitan Waste Control Commission. Mr. Burns stated that the increase in the Liquor Operations Fund is due to additional costs to purchase the goods sold at the liquor stores. Mr. Burns stated that the tax impact of the 1994 budget is that the proposed property tax levy is maintained at 1991 and 1992 levels. He stated that the 1994 proposed tax levy is 2.7 percent greater than the 1993 property tax levy. He stated that the 1994 increase reflects a one-time use of Local Government Aid funds of $125,000 that was unexpectedly made available in December, 1992. He stated that this was used by the council for tax relief. Mr. Burns stated that the effect of budget increases or decreases on the proposed property tax levy are as follows: 1992 budget, $4,751,465; 1993 budget, $4,626,465; and 1994 budget, $4,751,465. He stated that other events also impact residential property taxes such as challenges to tax values, appreciation of residential property values, levy charges by other taxing jurisdictions such as the school and watershed districts, and the amount of HACA made available by the state. Mr. Burns stated that the proposed levy which is certified to the County is $4,751,465 iess the HACA credit or a total of $3,163,136. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 1 1993 PAG$ 7 This is 3.4 percent greater than the amount certified for 1993. He stated that the impact on a$80,000 home would result in an increase of taxes from $135 to $139 for the City's portion of the tax bill. He stated that depending in what school district and watershed district the home is located, there may be an increase or decrease. Mr. Burns stated that the overall fund balances for the City are very good. He stated that from 1990 to 1992, no fund balances were used. He stated that it is projected that $720,738 in fund balances will be used for 1993, and $713,069 will be used in 1994. He stated that it is also possible that no fund balances will be used in 1993. Mr. Burns stated that another measure of the City's financial health is the budgeted expenditures in actual and constant dollars. He stated that the expenditures have actually decreased slightly each year from 1990 to the present. Mr. Burns stated that the number of employees, as shown in Table 9, for 1992 are 120 full-time and 379 part-time; in 1993, 119 full-time and 230 part-time; and in 1994, 122 full-time and 372 part-time. He stated that the additional full-time employees are the new police officers, and the additional part-time employees are the election judges. He stated that the employees covered under the Enterprise Funds are sixteen full-time and 29 part-time for 1992; sixteen full-time and 32 part-time for 1993; and seventeen full-time and 32 part-time for 1994. He stated that the additional full-time employee is a liquor clerk. Mr. Burns stated that the total employees for 1992 were 137 full-time and 402 part-time; 136 full-time and 265 part-time for 1993; and 140 full-time and 407 part-time for 1994. Mr. Burns stated that the consultants and other independent contractors, as shown in Table 10, are the City Attorney, Electrical Inspector, Custodial Maintenance, and Prosecuting Attorney. He stated that the budget for the City Attorney was $61,000 in 1992; $76,000 in 1993; and $40,000 in 1994. Mr. Burns stated that the budget for the Electrical Inspector for 1992 and 1993 was $26,700 and it was $26,600 for 1994. He stated that the budget for Custodial Maintenance was $46,800 for 1992 and 1993 and $50,000 for 1994. He stated that the budget for the Prosecuting Attorney was $107,000 for I992; $130,000 for 1993; and $119,000 for 1994. Mr. Burns stated that the total budget for the consultants and other independent contractors was $241,500 for 1992; $279,500 for 1993; and $235,600 for 1994. Mr. Burns stated that a number of external factors affect the City's financial health. He stated that as of the end of October, there was $16 million in new construction, but about $6 to $7 million was for remodeling additions to Unity Hospital, which is non-taxable and is not included as part of the tax base. He stated FRIDLEY CITY COIINCIL MEETING OF DECEMBER 1, 1993 PAG$ 8 that in reviewing commercial and industrial construction, the figures are disappointing, as they are down by about $4 million or from $10 million in 1992 to $6 million in 1993. Mr. Burns stated that a more positive indicator is that unemployment has decreased slightly from 4.2 percent to 3.8 percent. He stated that retail sales continue to decrease from $200 million in 1989; $194 million in 1990; and $154 million in 1991. He stated that the number of people employed in Fridley is rising from 22,328 in 1990 to 23,943 in 1992. Mr. Burns stated that the increases are in manufacturing, wholesale trade, and the service sector. There is a decline in people employed in retail trade. Mr. Burns stated that Fridley's market value of real estate increased slightly by 1.3 percent in 1992 and 1993. However, the tax capacity has declined slightly between 1992 and 1993 from $26,589,000 to $26,533,000. Mr. Burns stated that the demand for local governmental services remains high. He stated that the crime rate in Fridley ranks among the highest in the Twin Cities metropolitan area. He stated that there is an increasing number of people in Fridley receiving some form of public assistance. Mr. Burns stated that, in conclusion, the budget was prepared in the general context of growing concern with conditions of urban blight. He stated that staff goals and objectives and budgets were prepared in response to the council's concerns with housing, crime, community image and neighborhood pride. He stated that the budget reflects a continued commitment to housing rehabilitation, new commitment to policing, expanded programming for youth, and a substantial commitment to maintenance of the City's infrastructure. He stated that all of this is accomplished at 1991 budget tax levels. Mr. Burns stated that the City's fund balances remain very strong, although there are a number of circumstances that should warrant caution in the use of the City's financial resources. He stated that they are the continued threat to State aid revenue, the slow pace of economic recovery, shrinking tax base, and growing demand for services. He stated that Fridley should seek opportunities for cost savings, expansion of the tax base, continue collaborative efforts with other jurisdiations, and develop realistic under- standing of community problems. He stated that conservatism should be exercised in fiscal policy making by using contractual services rather than new full-time employees whenever possible, maintaining interest-bearing fund balances, and taking advantage of opportunities for state and federal grants. Councilman Billings asked how this 1994 budget levy compares with last year�s. FRIDLEY CITY COUNCIL MSSTING OF DECEMBER 1, 1993 PAGE 9 Mr. Burns stated that after the budget hearings last year, the City received notice that they would be receiving Local Government Aid. He stated that the Council decided to use these funds for a one- time tax break. Councilman Billings stated that with the exception of the one-time tax break, the City is at the same level of taxation it has been for the last three years. Mr. Peter Eisenzimmer, 6535 Oakley Drive, asked about the increase in the Cable Television Fund from $408,625 to $518,985. Mr. Burns stated that these figures are for all Special Revenue Funds, which includes the Cable Television Fund. However, the increase in the Cable Television Fund is about $15,000. Mr. Eisenzimmer asked if any additional salary increases were given other than the three percent raise. Mr. Burns stated that employees who have been employed with the City less than thirty months will be eligible for their merit increases, and there was a slight increase for health insurance at a cost of about $12,000. He stated that no other increases were given other than the three percent authorized by the council. Mr. Eisenzimmer questioned the increase in taxes, as his increased over $70. Mr. Burns explained that the increase in City taxes would be about $4.00 on an $80,000 home. Councilwoman Jorgenson stated that the City can only address the increase in City taxes and not the increases from the other taxing jurisdictions. Mr. Pribyl, Finance Director, stated that the county mailed a letter to property owners in School District No. 14 to correct an error under the school district's tax comparisons. He stated that the tax statement showed an increase in 1994, but there was actually a decrease. Mr. Eisenzimmer asked if residents Yiad to pay for use of the picnic tables in the parks. Mr. Burns stated that if a shelter is reserved, there is a fee. Councilwoman Jorgenson stated that residents are now allowed to reserve the shelters, and it used to be on a first come, first served basis. Mr. Eisenzimmer asked if the liquor stores were making a profit or losing money. FRIDLEY CITY COIINCIL MEETING OF DECEMBER 1. 1993 PAGE 10 Mr. Burns stated that the liquor stores are making a profit ior the City. Mr. Eisenzimmer asked why there is such a large increase in part- time employees for 1994. Mr. Burns stated that it is because of the election judges, as 1994 is an election year. Mr. Eisenzimmer stated that costs continue to rise for all services, insurance, utilities, etc., and he felt it was time someone stopped spending. Ms. Jennifer Prasek, 1681 Camelot Lane, stated that the percentage of compensation for employees has decreased over the years in relation to the total budget. She asked if there is general criteria that is used on the amount to be spent on salaries'in relation to the total budget. Mr. Burns stated that he knows of no recognized norm for this expenditure. He felt that this percentage is probably a little low, and the capital improvement expenditures distort the figure. Councilwoman Jorgenson stated that there was a decrease in employee salaries as older employees retired and were replaced with younger workers at lower salary levels. Ms. Prasek stated she noted that legal fees have decreased. Mr. Burns stated that actual past figures were reviewed, and the amounts budgeted were not spent. � Mr. Herrick, City Attorney, stated that this figure varies depending on the amount of litigation, and it is difficult to predict accurately. Ms. Dorothy Linse, 251 Rice Creek Terrace, stated that she objects to the City being in the liquor business. Mr. Burns stated that the liquor stores are self-supporting, and the 1994 budget provides for the use of $25,000 from the liquor operation for human services. Councilwoman Jorgenson stated that the City has more control if it operates the liquor store than if it is operated by the private sector. She stated that there are, however, pros and cons to the operation of a municipal liquor store. Mayor Nee stated that he understands what Ms. Linse is saying, and the Council has had extensive discussions about the City operating liquor stores. FRTDLEY CITY COIINCIL MSBTING OF DECEMBBR 1. 1993 PAGE 11 Councilman Schneider thanked staff for an excellent job in preparation of the budget. He felt that the budget represents the commitment on the part of staff and council to try and address the issues Mr. Eisenzimmer raised and keep costs as low as possible. He felt strongly that the housing issue must be addressed so that the City's housing does not deteriorate and retains its value or begins to appreciate in value. Councilman Schneider stated that the major increase in employees was in the Police Department, and he felt that this is a message to the public that the council wants to make sure the City is safe and people feel comfortable in their homes and on the street. Councilwoman Jorgenson felt that the city, county, and school districts are doing a good job in keeping taxes in line. However, special taxing districts went up sixty percent, and they do not conduct a truth in taxation hearing. Senator pon Betzold stated that the special taxing districts cover many parts of the metropolitan area so it is difficult to know where the hearings should be held. He stated that the legislature is working on the problem. Senator Betzold stated that in regard to the projected budget surplus, there is going to be a lot of ideas where these funds should be used. He stated that this surplus represents only a small portion of the budget, about two percent, or $50 per taxpayer. He stated that he would work to see that the surplus would benefit this area. No other persons in the audience spoke regarding this proposed 1994 budget. MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:02 p.m. Mayor Nee stated that the council will consider adoption of the budget at the Council meeting on December 13, 1993. 2. PUBLIC HEARING ON PRELIMINARY PLAT RE4UEST, P.S. #93-04, BY DALE EDSTROM OF NORTHCO CORPORATION NORTHCO BUSINESS PARK 4TH ADDITION TO REPLAT PROPERTY GENERALLY LOCATED AT 500 73RD AVENUE N.E.: 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 9:03 p.m. FRIDLEY CITY COONCIL MEETING OF DECEMBER 1. 1993 PAGE 12 Ms. Dacy, Community Development Director, stated that this is a proposed replat within the Northco Industrial Park to replat three lots into four. She stated that Quick File is located in the manufacturing facility on the subject parcel and the owner, Mr. Gray, is choosing to remove his interest from the partnership, and he wants to own the property where Quick File is located. Ms. Dacy stated that in addition to Quick File, the Carter Day Company and Steinwall, Inc. are also located in the building. She stated that there is no change in the access although the lot lines would change. She stated that a 25 foot "flag" will be created to provide road access to this parcel from Northco Drive. She stated that the purpose of this request is to create a separate lot araund the Quick File building. Ms. Dacy stated that the Planning Commission recommended approval of this request with the stipulation that an additional utility easement shall be dedicated on the plat. Councilman Billings asked if there was access to 71st on the south lot line. Ms. Dacy stated that there was not any access. Councilman Billings stated that the only access is from the 25 foot "flag," and he asked if there was any requirement in regard to the amount of street frontage. Ms. Dacy stated that the code states that each parcel needs a certain amount of lot width at the setback line. She stated that another section of the code relates to frontage on a public street which should be 25 feet. These requirements are met. Councilman Billings felt that this arrangement may be proper for the current use of the parcel. However, if the operation should change in the future he asked what other types of uses could go on this lot. Ms. Dacy stated that in checking the lot coverage and parking available, all requirements of the M-2 zoning district are met. She stated that there may be some interest on Quick File's part to purchase all of the lot to the west. She stated that there is adequate room on the.property to accommodate an industrial use either now or in the future. Councilman Schneider asked if there was adequate access. Ms. Dacy stated that she believed the access was adequate. She stated that an access to the south has been discussed, but at this time it is not necessary. She stated that the parcel has functioned using the existing driveway from Northco Drive. FRIDLEY CITY COONCIL MEETING OF DECEMBER 1. 1993 PAGE 13 Mr. Larry Berg, attorney representing the petitioner, stated that the large lot is a developed lot. Even though this is being done as a new plat, it really is a lot line rearrangement. He stated that if they were not re-drawing these lot lines, access would still be over the same driveway. He stated that if it makes sense to change the lot lines in the future, this would be done. Councilman Billings stated that his only concern is that this configuration works well for Quick File, but is it something that would work well for another business in the future? Mr. Dale Edstrom, the petitioner and partner in the Fridley Business Center Partnership, stated that his partner is Jim Gray who owns Quick File. He stated that Mr. Gray's goal has been to own the Carter Day building. At some time in the future, he will relocate his office to that building. He stated that he believed that in ten years Quick File will probably be the sole tenant. Mayor Nee questioned the 25 foot right-of-way and if this was adequate. Mr. Edstrom stated that the 25 foot right-of-way has always been the access for this facility. He stated that there was two-way traffic for trucks when Knox Lumber was at this Iocation, and it was not a problem. Ms. Dacy stated that the "flag" lot configuration is not typical but seemed to fit an existing situation. She stated that the lot coverage for this building is about 29 percent, and if another 5,000 to 8,000 square feet was added, it could be done with the setbacks met. She stated that if more space is required, the council may be looking at another subdivision. No other persons 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 9:20 p.m. NEW BUSINESS• 3. RESOLUTION NO. 99-1993 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO MOOSE LODGE 38 FRIDLEY• MOTION by Councilman Billings to adopt Resolution No. 99-1993. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF DE�EMBER 1, 1993 PAGE 14 4. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF NOVEMBER 9, 1993: A. VARIANCE REQUEST, VAR #93-29, BY ST. PHILIP'S LUTHERAN CHURCH TO INCREASE THE MAXIMUM SQUARE FOOTAGE OF AN INSTITUTIONAL SIGN FROM 32 S4UARE FEET TO 70 S4UARE FEET, GENERALLY LOCATED AT 6180 HIGHWAY 65 N.E.: Ms. Dacy, Community Development Director, stated that St. Philip's Church originally requested a variance for a 46 square foot temporary sign for two years. She stated that this request has been changed, and they are requesting a variance for an institutional sign from 32 square feet to 70 square feet. Ms. Dacy stated that the Appeals Commission recommended denial of this revised variance request. She stated that if the Council approves the variance, staff is recommending that the variance be for two years. At the end of this time, the petitioner shall comply with the ordinance requirements or apply for a new variance, and that the petitioner apply for a sign permit for a permanent sign and pay the $60 permit fee. Councilman Schneider asked if other churches in the City were surrounded by commercial property. Ms. Dacy stated that St. William's Catholic Church is zoned commercial, and the property to the south is also zoned commercial. She stated that the St. Philip's site is the only one in the City where the church is located at the intersection and where the three other corners of the intersection.are commercial. Councilman Schneider stated that a variance was granted for the shopping center at this intersection, as well as for the Shorewood Inn sign. He stated that St. Philip's Church felt the hardship is being restricted to a 32 square foot sign, when commercial entities in the area are allowed 80 square feet of signage. He stated that they felt this inhibited their ability to be seen by passing motorists. Councilman Schneider felt that this was a valid argument, as the properties surrounding the church have larger signs. MOTION by Councilwoman Jorgenson to receive the letter from St. Philip's Lutheran Church regarding this requested sign variance. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to grant Variance Request, VAR #93-29, for two years. At the end of this two-year period, the petitioner'shall comply with the ordinance requirements or apply for a new variance; and the petitioner shall apply for a sign permit for a permanent sign as required by the City Code and pay the $60 permit fee. Seconded by Councilman Billings. Upon a voice FRIDLEY CITY COIINCIL MEETING OF DECEMBER 1. 1993 PAGB 15 vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTION NO 100-1993 RE4UESTING VARIANCE FROM MINNESOTA DEPARTMENT OF TRANSPORTATION DIVISION STATE AID OPERATIONS RULES CHAPTER 8820 2800 SUBP. 2, ON NUMEROUS MN/DOT SIGNAL IMPROVEMENTS IN FRIDLEY: Mr. Flora, Public Works Director, stated that this variance is requested in order to obtain funds for the signal installations on University Avenue. He stated that the Municipal State Aid Office advised the City that the request for use of off-system funds for signal installation cannot be supported because the Minnesota Department of Transportation plans were not reviewed by the State Aid Office. MOTION by Councilman Schneider to adopt Resolution No. 100-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousiy. 6. APPROVE CHANGE ORDER NO. 2 TO THE 1993 STREET IMPROVEMENT PROJECT NO. ST. 1993 - 1& 2: Mr. Flora, Public Works Director, stated that this change order is to incorporate additions to the Street Improvement Project No. ST. 1993 - 1& 2. He stated that retaining walls were installed at the end of Hathaway Lane and on 53rd Avenue to provide maintainable slopes at these locations. He stated that during construction of the Fire Training Center, it was necessary to remove poor soil and backfill with select material. He stated that eight catch basins needed to be relocated on Regis Drive, and two new catch basins were installed to improve drainage. He stated that additional bituminous paving was required to extend a bike path at the new Moore Lake Beach parking lot. He stated that this change order covers these additions in the amount of $39,737. MOTION by Councilman Schneider to authorize Change Order No. 2 to the 1993 Street Improvement Project No. ST. 1993 - 1& 2 in the amount of $39,737.00 with Northwest Asphalt. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. APPROVE CHANGE ORDER NO 1 TO THE 63RD AVENUE BOOSTER STATIONI_ PROJECT NO. 260• Mr. Flora, Public Works Director, stated that this change order is to cover the additional cost for brick at the 63rd Avenue booster station. He stated that the Army has agreed to pay for the increase in the brick allowance for a total of $960. MOTiON by Councilman Schneider to authorize Change Order No. 1 to the 63rd Avenue Booster Station, project No. 260 in the amount of FRIDLEY CITY COIINCIL MEETING OF DECEMBER 1. 1993 PAGE 16 $960.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. APPROVE CHANGE ORDER NO. 1 TO THE LOCKE PARK FILTER PLANT PROJECT NO. 240• Mr. Flora, Public Works Director, stated that this change order is a formality because when the council awarded the contract for the Locke Park Filter Plant Project to NewMech Companies, Inc. for a cost of $658,000, this reflected a$35,000 deduct for NewMech not having to dispose of hazardous sandblasting material. He stated that this change order provides the appropriate documentation to reflect this deduction from the original bid amount. MOTION by Councilman Billings to authorize Change Order No. 1 to the Locke Park Filter Plant, Project No. 240 with NewMech Companies, Inc. for a deduction of $35,000. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. 10. CLAIMS• MOTION by Councilwoman Jorgenson to authorize payment of Claim Nos. 52723 through 52922. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. LICENSES: ' MOTION by Councilman Billings to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. ESTIMATES• MOTION by Councilwoman Jorgenson to approve the estimates as submitted: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Statement for Services Rendered as City Prosecuting Attorney for the Month of October, 1993 . . . . . . . . . . . $10,759.50 FRIDLEY CITY COONCIL MEETING OF DECEMBER 1. 1993 PAGE 17 Northwest Asphalt 1451 County Road 18 Shakopee, MN 55379 1993 Street Improvement Project No. ST. 1993 - 1& 2 Estimate No. 7 . . . . . . . . . . . . . . .$40,278.84 Seconded by Councilman Schneider. 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 Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Special Meeting of the Fridley City Council of December 1, 1993 adjourned at 9:40 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: RESOLUTION NO. - 1993 A RESOLUTION ADOPTING A BUDGET FOR THE FISCAL YEAR 1994 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budget; and . WHEREAS, the City Manager has prepared such document and the City Council has met several times for the purpose of discussing the budget; and WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City shall hold a pub{ic hearing to adopt a budget; and WHEREAS, the City Council has held a public hearing and has concluded the budget as prepared is appropriate; NOW THEREFORE, BE IT RESOLVED that the foliowing budget be adopted and approvedc GENERAL FUND Taxes and SpeciaFAssessments: Currerrt Ad Valorem Delinquerrt, Penalties, Forteited Special Assessmer�ts Licenses and Permits: Licenses Permits Intergovernmerrtal: Federal State - Homest�d and Agricufture Credit Aid Local Govemment Aid All Other Charges for Services HRA Water Fund Sewer Fund Storm Water Fund Liquor Fund Cable N Fund Construction Funds Fines and Forfeits Interest on Investrnents Miscellaneous Revenues Other Financing Sources: Liquo� Fund Employee Benefd Fund Closed Debt Service Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve TOTAL GENERAL FUND ESIIMATED REVENUE $3,489,601 66,547 1,896 132,270 288,356 5,803 1,057,010 1,558,917 432,532 313,676 174,376 125,195 90,854 28,969 65,397 19,849 31,129 242,392 430,000 96,886 25,000 200,000 248,414 9,125,069 239,655 59.964.724 1A Legislative: City Council Planning Commissans Other Commissions City Managemerrt: General Managemerrt Personnel Legal Finance: Elections Acc:ourrting Assessing MIS City Clerk/Fieoords Police: Pol� Civil Defense Fre: Public Works: Civic CeMer Technical Engineering Traffic Engineering Street L+ghting Public Works Mairrtenance Recr�tion: Recreation Natural'�st Communiry Developmerrt: Building Inspection Planning Reserve: Emergency Nondepartmerrtal: APPROPRIATIONS $92.892 3,523 7,099 308,267 91.992 160,000 29,801 492,6� 168,237 159,249 96,978 3,007,967 8,784 743,529 192,207 452,529 80,545 144,700 1,595,661 563,452 243,993 198,378 256,551 185,000 80,701 39.364.724 SPECIAL REVENUE FUNDS Cable N Fund Grant Management Fund Solid Waste Abatement Fund TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUNDS Capital Improveme�t Fund Taxes — Current Ad Valorem Irrterest on InvestrneMs Donations State Aid Co�utruction Fund Balance 5111,475 189,454 218,056 3518.985 $85,550 General Capital Improveme.nt 418,672 Streets Capital Improvement 10,000 Parks Capital Improvemerrt 600,000 453,778 TOTAL CAPITAL PROJECTS FUNDS s1.568.000 AGENCY FUNO Six Cities Watershed Fund Taxes — Current Ad Valorem TOTAL AGENCY FUND TOTAL •• ss.soo s11.455.209 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DECEMBER, 1993 ATTEST: �i�It��I_\��I_��I:I��I7Q�7��Y�3��:�:i 1B AM . NEE - A R lTti.�'i5 18�i,4l54 218,056 s518,985 $340,000 1,034,000 194,000 S1.5s8.000 $3,500 53.500 511.455.209. DAY OF /�� . TO: WILLIAM W. BURNS, CITY MANAGER �� + FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RE50LUTION TO LEVY TAXES WHICH APPEAR TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REQUIREMENTS FOR 1994 TO ANOKA COUNTY DATE: November 23, 1993 The attached resolution grants City Council the authority to levy a tax which appears to be in excess of 16 mills. As stated in Section 7A2 of the City Charter, pursuant to three weeks published notice and a public hearing the Council may adopt a resolution showing the necessity for such taxes. The �ttached resolution also �ea for the ce�i�tivn t� the ,� #�It �';�'�I�'°� '` �`:�unty for collection. RDP/me Attachment RESOLIITION NO. - 1993 A RESOLIITION DEGLARING THE NECESSITY TO LBVY A TA% i�PHICH APPEARS TO BE IN E%CESS OF 16 MILLS AND CERTIFYING TAB LEVY REQIIIREMENTS FOR 1994 TO THL COIINTY OF ANORA FOR COLLECTION WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, said Section 7.02 of the City Charter provides that if the taxes levied against property within the City exceeds 16 mills on each dollar of assessed valuation, that the Council shall adopt a resolution showing the necessity for such tax; and WHEREAS, the State of Minnesota has changed the method of computing taxes from "mill levy" to "tax capacity"; and WHEREAS, the State of Minnesota transferred state aid dollars from the city to the school districts to reduce school district taxes; and WHEREAS, in addition, the State of Minnesota reduced the amount of state aid dollars it had previously distributed to cities; and WHEREAS, the City of Fridley needs to levy taxes which appear to be in excess of 16 mills because of the reduction of local government aids by the State of Minnesota. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Fridley pursuant to three (3) weeks published notice and public hearings on the ist and 13th days of December, 1993, shall have the authority to levy a tax which may be in excess of 16 mills; and BE IT FURTHER RESOLVED that the City of County of Anoka, State of Minnesota, the levied in 1993 for the year 1994. 2A Fridley certify to the following tax levy to be Page 2 - Resolution - 1993 GENERAL FUND General Fund CAPITAL PROJECT FUND $3,603,266 Capital Improvement Fund - Parks Division 72,689 AGENCY FUND Six Cities Watershed Management Organization 2,710 TOTAL ALL FUNDS � . '�� 'k ` `'`� PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF DECEMBER, 1993 ATTEST: WILLIAM A. CHAMPA - CITY CLERK : WILLIAM J. NEE - MAYOR � � � Community Development Department PLANNING DIVISION City of Fridley DATE: December 9, 1993 � TO: William Burns, City Manager ,��R FROM: SUBJECT: Barbara Dacy, Community Development Director Steven Barg,�Planning Assistant Second Reading of an Ordinance Adding Fridley. City Code Chapter 128, Entitled "Abatement of Exterior Public Nuisances" On November 1, 1993, the City Council conducted a public hearing regarding the public nuisance abat2ment ordinance. On November 15, 1993, the City Council approved the first reading of the proposed ordinance. During this process, the City Council expressed concerns regarding the "right of entry" provision and other legal issues relating to the proposed ordinance. _ Staff has met discuss these would like to with the City Prosecutor on several occasions to concerns. Based on these conversations, staff provide the following response: 1. Excess �rofit from abatements. While recognizing that such circumstances could occur, the City Prosecutor stated that such an instance would be extremely rare and should probably not be addressed in the ordinance itself. His primary reason for this is that by adding language addressing this possibility, the City may open itself up to suggesting that it is responsible for appropriately vending materials abated as opposed to having disposal as its primary purpose. He further stated that if a particular abatement results in a profit for the City, that the City could administratively return this excess to the property owner if so desired. 2. Legal appeal concerns. The City Prosecutor stated while the City may have a legal right to abate the conditions immediately after the City Council makes determination that a public nuisance exists, it may . prudent for the City to allow a period of time for property owner to file a Iegal appeal before going with the abatement. For this reason, he suggested City include language stating that there would be a waiting period until the abatement is commenced. that nuisance f inal be a forward that the 20 day � Second Reading of Abatement of Exterior Public Nuisances December 9, 1993 Page 2 3. Riaht of entry issue. Based on the City Council's concern that this ordinance only address code violations outside of the home, he suggested that language be included throughout the ordinance clearly stating that the ordinance's intent is to abate exterior public nuisances only. Staff has prepared a revised ordinance (copy attached) to reflect the City Prosecutor's legal opinion. Specifically, the following changes have been incorporated into this proposed ordinance since the first reading: 1. A sentence has bee property owner has final determinatio a court injunction nuisance. n added to 128.06.2 indicating that the 20 days following the City Council's n that a public nuisance exists to obtain prohibiting the City from abating the 2. All language in the ordinance, including the title itself, has been revised to clarify that this is designed to address. exterior property conditions only, and that the "right of entry" provision in 128.04.2 does not seek to require that property owners allow City inspection staff into their homes. Recommendation Staff recommends that the City Council approve the second and final reading of the attached ordinance. SB/dn M-93-712 3A ORDINANCE NO. AN ORDINANCE ESTABLISHING CHAPTER 128 ENTITLED ��ABATEMENT OF EBTERIOR PIIBLIC NtJISANCEB�� TO THE FRIDLEY CITY COD}3 The City Council of the City of Fridley does ordain as follows: CHAPTER 128 ABATBMENT OF E%TBRIOR PIIBLIC NUISANCEB 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 exterior 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 maintained exterior to the principal structure 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 an exterior public nuisance as described in 128.01. 128.03 BEARING ERAMINER 1. 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 INSPECTION AND INVESTIGATION 1. Periodic Inspection. The Code Enforcement Officer or other duly authorized agents shall cause to be inspected all public and priv.ate properties within the City which might contain an exterior 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 exterior 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 exterior 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 EBTERIOR PIIBLIC NIIISANCES Upon a determination by the Code Enforcement Officer or other duly authorized agent that an exterior public nuisance exists on any public or private property within the City, said official shall order the exterior public nuisance to be abated in accordance with this Code section. 3C 128.06 PROCEDIIRE FOR REMOVAL OF EBTERIOR PIIBLIC NIIISANCES l. Notice. Whenever the Code Enforcement Officer or other duly authorized agent finds with reasonable certainty that an exterior 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 (20) 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: A. The specific nature of the violations and requirements for compliance. B. That the property owner may, within twenty (20j 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 of-fice 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 mutuaZly 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, and may include a finding of fact as to the absence of value of the refuse and/or junk materials deemed to constitute an exterior public nuisance. Any person aggrieved by the decision of the Hearing Examiner may 3D appeal that decision to the City Council by filing notice of such appeal with the Community Development Director within twenty (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 affirna, repeal or modify that decision. If the Council affirms the Hearing Examiner's decision declaring that an exterior public nuisance exists, the City shall abate the exterior public nuisance after twenty (20) days following the Council's final determination, unless the property owner abtains a court order to the contrary within said twenty (20) days. 3. Disposition of Property. The City maintains the right to dispose of all property that it removes from public and private properties through abatement procedures as outlined in this Chapter. Disposal of property deemed to have value 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. 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 to 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 429.01, Subdivision 2. 128.07 EFFECTIVE DATE The effective date of this Chapter shall be January 1, 1994. 3E 128.08 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. 128.09 NON-ERCLIISIVENE88 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 exterior public nuisances. Passed and adopted by the City Council of the City of Fridley this , 1993. Attested: William A. Champa - City Clerk Public Hearing: First Reading: Second Reading: Publication: November 1, 1993 November 15, 1993 3F William J. Nee - Mayor TO: WILLIAM W. BURNS, CITY MANAGER ��r �l FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTION TO GIVE PRELIMINARY APPROVAL TO A PROPOSAL FOR THE ISSUANCE OF BONDS TO FINANCE THE ACQUISITION OF A MULTI-FAMILY RENTAL HOUSING FACILITY AND AUTHORIZING AN APPLICATION FOR ALLOCATION FOR BONDING AUTHORITY TO THE MINNESOTA DEPARTMENT OF FINANCE DATE: December 10, 1993 Attached you will find a resolution that provides for PRELIMINARY approval for a Housing Revenue Bond that would be used for the acquisition of Meadow Run Apartments. As you may recall this form of Bond is a type of conduit financing, which means that the Ciry is not guaranteeing the bond. This type of bond dces not use the general obligation pledge, but the City acts as the issuing agent. Dominium Group Incorporated met with Barb Dacy and I last week regarding the purchase of Meadow Run Apartments. They propose to . purchase and rehabilitate the property, spending approximately $1 million dollars on various capital improvements, replacements, and general refurbishing. Dominium would like to finance the purchase and rehabilitation of the property through the use of tax -exempt bonds. Under the federal tax laws there is a volume limit on the total amount of tax-exempt bonds that may be issued for private activities in any state in any given calendar year. Minnesota has adopted a law governing the allocation of this bonding authority to cities and other issuers within the State for many rypes of projects. In order to receive an allocation of tax-exempt bonding authority for the purchase and rehabilitation of the Meadow Run apartments from the 1994 allocation to the State of Minnesota, it is necessary for the City to submit an application on behalf of Dominium, as the purchaser of the property, to the State Department of Finance. Under procedures established in the Minnesota law, bonding authority for projects like this must be submitted in the first week of January and then not again until the first week of April. In order for pominium to be eligible for the January allocation, it is necessary for the application to be submitted to the Department of Finance by Monday, December 27, 1993. In order to submit an application, the City Council must adopt a resolution requesting an allocation. Dominium understands that it will pay the required fee to the Department of Finance if the City agrees to request the allocation. They have also agreed to provide the City with a deposit in the amount of $5,000 to offset the cost of staff and any professional setvices required on behalf of the City as a result of this transaction. Jim O'Meara has been retained by the City to act on our behalf to review all documents and insure that the City incurs no liability as a result of this action. Because the meeting of December 13, 1993 is the last meeting this year, Dominium has requested that this item be placed on the agenda for Council's consideration. CITY OF FRIDLEY, MINNESOTA RESOLUTION NO. Giving preliminary approval to a proposal for the issuance of bonds to finance the acquisition of a multi-family rental housing facility and authorizing an Application for Allocation for Bonding Authority to the Minnesota Department of Finance WHEREAS, pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Fridley, Minnesota (the "City") is authorized to issue its revenue bonds and loan proceeds thereof for purposes of financing the acquisition of a multi-family rental housing project, following the adoption of a housing plan and a bond financing program pursuant to the Act; and WHEREAS, the Act requires the preparation of a bond financing program (the "Program") and a submission of the Program to the metropolitan council for its review and comment; and WHEREAS, the City has received a proposal from Meadow Run Leased Housing Associates, a Minnesota Limited Partnership (the "Partnership"), that the City issue its revenue bonds (the "Bonds") in an amount presently estimated not to exceed $9,500,000 and lend the proceeds of the Bonds to the Partnership to finance the acquisition of the Meadow Run Apartments Project (the "Project") located in the City; and WHEREAS, prior to the issuance of the Bonds under the Act, the City must comply in all respects with the procedural requirements of the Act, including the adoption of the Program; and WHEREAS, pursuant to Minnesota Statutes, Chapter 474A (the "Allocation Act") and the requirements of the Internal Revenue Code, the Partnership must obtain an allocation of bonding authority for tax-exempt bonds from the State of Minnesota prior to the issuance of the Bonds; NOW, THEREFORE, be it resolved by the City Council of the City of Fridley, Minnesota that: l. The City hereby gives preliminary a.pproval to the proposal of the Partnership that the City issue its revenue Bonds and loan the proceeds thereof to the Partnership for the purposes of financing the acquisition of the Project in accordance with the Act, and the City hereby approves the submission of an Application for Allocation of Bonding Authority . . o the Minnesota Department of Finance pursuant to the llocation Act in an amount not to exceed $9,500,000. 2. For the purposes of assisting the City in obtaining an allocation of bonding authority and in the preparation of the Program and the issuance of the Bonds, the City hereby authorizes and appoints Best & Flanagan, Minneapolis, Minnesota as Bond Counsel and Dain Bosworth Incorporated as Underwriter for the Bonds, and authorizes Best & Flanagan and Dain Bosworth Incorporated to proceed with the preparation of the necessary documents required for the Application for Allocation of Bonding Authority and the adoption of the Program and the receipt of all approvals required under the Act; provided, however, that in all events the City shall not be required to pay any of the fees of Bond Counsel or the Underwriter, all of which shall be the sole and exclusive responsibility of the Partnership. 3. The City Manager, staff, and attorneys of the City are hereby authorized and directed to cooperate with and assist the Partnership, Bond Counsel and the Underwriter in the preparation of the Application for Allocation of Bonding Authority and the Program under the Act, and in taking all actions as may be required for the approval_of the revenue Bonds of the City under the Act and for the receipt of an allocation of bonding authority under the Allocation Act. 4. Notwithstanding the preliminary approval set forth herein, nothing in this Resolution shall obligate the City to issue its revenue Bonds to finance the Project, and the final adoption of the Program, the terms of the Bonds, and the documents to be entered into by the City for the issuance of the Bonds shall be subject in all respects to the final approval by the City Council of the City of Fridley, Minnesota. 7692P Adopted this day of December, 1993. CITY OF FRIDLEY, MINNESOTA By: � � CITY OF FRIDLEY M E M O R A N D� M { �� TO: WILLIAM W. BIIRNB, CITY MANAGER �(� FROM: RICHARD D. PRIBYL, FINANCS DIRECTOR WILLIAM A. CHAMPA� CITY CLERR SUBJECT: ELECTION JIIDGES FOR WARD 3 SPECIAL ELECTION DATE: DECEMBER 9, 1993 The attached resolution appoints election judges for the January 11, 1993 Ward 3 Special Election. The lists of judges were originally provided to us by the Democratic-Farmer-Labor Party and the Independent-Republican Party. The judges have been selected from both the DFL and IR lists in accordance with State Statutes. If you have any questions concerning this resolution, please call Bill Champa at extension 523. 5 RESOLIITION NO. - 1993 RESOLIITION DESIGNATING POLLING PLACES AND APPOINTING ELECTION JIIDGES FOR THE JANUARY 11, 1994 BPECIAL ELBCTION NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, at a regular meeting on December 13, 1993. SECTION 1. SECTION 2. SECTION 3. _ That on the iith day of Januaxq 1994, there shall be a special election for the purpose of voting on the following: COIINCILMFMBER IN WARD III That the polling places for said election shall be as follows: Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Springbrook Nature Center Redeemer Lutheran Church. Stevenson Elementary School Fridley Covenant Church That the polling place will be open from 7:00 a.m. to 8:00 p.m. SECTION 4. That the following people are hereby appointed to act as Judges for said election except that the City Clerk is hereby authorized. to appoint qualified.substitutes as set forth in Chapter 4, Section 4.05 of the City Charter. WARD 3 PRECINCT 1 *Betty Bonine Luverne Gemmill Linda Thomas WARD 3 PRECINCT 2 *Jordis Mittlestadt Betty Scott Margaret Hendley WARD 3 PRECINCT 3 *Irene Maertens Laurie Harris WARD 3 PRECINCT 4 *Betty Nelson Gerry Wolsfeld *HEAD JODGE HEALTH CARE CENTER Norma Rust 5A Janet Kothman Myrtle Morphew Marlys Hinsverk Carol Johnson Darlene Vallin Barb Enrooth Bev Steeves Dorothy Veres Dorothy Veres Page 2, Resolution No. - 1993 SECTION 5. That the following judges are appointed to act as chairpersons of the Election Board for the precincts designated and shall have the duties set forth in Section 2048.20 of Minnesota Statutes. Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Betty Bonine Jordis Mittlestadt Irene Maertens Betty Nelson SECTION 6. Compensation for said Judges will be paid at the rate of $6.00 per hour for regular Judges and $7.00 for the Chairperson of the Election Board. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK : WILLIAM J. NEE - MAYOR TO: WII.LIAM W. BURNS, CITY MANAGER ��ir `'� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: FIItST READING OF AN ORDINANCE TO CHANGE CHAPTER 11 - FEES DATE: December 10, 1993 Attached you will find the first reading of an ordinance that will modify the fees in Chapter 11. The changes are a direct result of the analysis of costs associated with the delivery of certain fee related activities. The study done by Publicorp analyzed both direct and indirect costs and compared the total cost to the current fee to determine if the City was subsidizing the acrivity. In each of the cases, where an increase is recommended, it is only to recover the subsidy and attempt to charge the cost of providing the service. In each case where a change is recommended, the old fee has been lined through and the recommended fee will follow. In the fee study a number of new fees were identified; however, ,they are not part of this change as those fees will be established next year as the enabling legislation is created. RDP/me Attachment ORDINANCE N0. AN ORDINANCE AYENDING CFIAPTER 11, 'GENERAL PROVISIONS AND FEES', BY /WENDING SECTION 11.10 THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 11.10. FEES License and permit fees shall be as follows: CODE SUBJECT FEE 17 Auction 27 Billiards 15 Bowling Alleys 28 Carnivals 21 12 206 217a 217b Charitable Gambling (See Lawful Gambli�g) Christmas Tree Lots Cigarette Sales Contractors Conversion Condominium (one time fee) Condominium (annual fee) $2�8TA9 30.00 for 2 days, $30.00 weekly, 150 year $40.00 for first table, $10.00 each additional $40.00 + $10.00/lane $200 deposit, $75 application fee, and $75.00 fior first day; $75 each additional day $20Q.00 + $100.00 deposit $#�2-= 68 30 . 00 See Chapter 206 (a) 2 Ownership Units (b) 3-7 Ownership Units (c) 8-12 Ow�ership Units (d) Over 12 Units plus $54 per unit fior every unit over 12 (a) 2-4 Ownership Units (b) 5-12 Ownership Units (c) 13-24 Ownership Units (d) Over 24 Ownership Units $500 $750 $1,000 $1,000 $30 $50 208 Conservation Plan Review (as $450.00 part of building permit for new construction) 208 Conservation Plan Review See Chapter 206 . as part of land alteration, excavating, or grading permit process) 101 Dogs $2.50 Neutered or Spayed $5.00 Nonneutered or Nonspayed $1.00 Duplicate (Prorated - $1.00 minimum)* $25.00 Kennel 702 Drive-in Theaters $400.00 607 Entertainment $85.00 . ` Page 2 - Ordinance No. 407 Excavation in Public Rights-of-way and Easements Excavation Security Bond (Cash, certified check Letter of Credit or construction bond) 108 Fire Alarm Installation 103 Fire Arms 112 False Alarms 32 Food Establishments (Business License) 32 Food, Temporary (Business License) Gambling (See Lawful Gambling) 25 26 202 24 30 603 603 603 603 Golfi Course, Driving Range Hotels, Motels House Trailers -Temp offiices Junk Yards Lawful Gambling Permit Liquor, Lawful Gambling Endorsement Liquor (On-Sale) No Entertainment Entertainment and or Dancing Investigation Fee Liquor (Sunday) Liquor, Temp. Intox. On-Sale 602 Liquor, Non-Intox. Malt: Off Sale Beer On Sale Bee� On Sale Temporary Beer Investigation Fee, initial On Sale Beer . : Permit Fee $�b9-A8 200.00 Reinspection Fee $25.00+ Permit Fee $ 1,000.00 10 or more $10,000.00 $50.00 $25.00 $50.00 for sixth false alarm in sin le calendar ear and for each subse uent false alarm in ca endar ear an additional 25.00 e. . 7th false alarm = 75.00 8th false alarm = 100.00 9th false alarm = 125.00 etc. . $45.00* prorated to minimum of $35.00 G, � �� $30.00 $125.00 first unit; $5.00 each additional $30.00 tempo�ary parking $€9—A6 75.00 occupancy $350.00 $25.00 for one day small events, i.e. raffile, etc. $300.00 0-3000 sq.ft. 3001-6000 sq.ft Over 6000 sq ft. $6,000 * $7,000 * $8,000 * $7,000 * $8,000 * $9,000 * $200.00 individual, $400.00 corp. partnership, etc. $200.00* $120.00 $60.00* $325.00* (includes off sale) $60.00 $90.00 individual, $180.00 corp. partnership, etc. Page 3 - Ordinance No. 603 603 605* Liquor (Wine) Investigation Fee, initial Liquor (Employee Dispe�sing Liquor - Intox.) Liquor (Bottle Club) 606* Liquor (On-Sale Club) (The annual license fee for an on-sale intox- icating liquor license issued by a city to a members club must be no greater members than:) $1,000.00 * $200.00 individual, partnership, etc. $10.00 $400.00 corp. $300.00 Annual permit $25.00 One day permit $300.00/club, under 200 members $500.00/club, 201-500 members $650.00/club, 501-1,000 members $800.00/club, 1,001-2,000 members $1,000.00/club, 2,001-4,000 $2,000.00/club, 4,001-6,000 $3,000.00/club, over 6,000 members *CHECK CURRENT STATE STATUTE, CHAPTER 340A, FOR ANY CHANGES IN STATE FEE SCHEDULE (CURRENT FEE SCHEDULE FROM 1990 STATE STATUTE) 101 Livestock 35.00 each �,=Qee f b-Q^o—€=r�s +z ; $�6—o A e�� 2F�3�ieR� Geris�oa-�s ^ a-�.=�ee�—��1�A f � n�-��$1 ^-.-P^�e�� a�#�� °n��s �, .. �.► �en� Q, � :.►., 608 Lodging Tax 3� ofi �ent charged 203 509 Mobile Home Parks Motorized Vehicles Rental 18 Motor Vehicle Body Repair Business Investigation Fee Renewal, Transfer, or Amendment Fee Joint Application as Junkyard Joint Application as Used Motor Vehicle Dealer Joint Application as Used Motor Vehicle Dealer and Junkyard Joint Application Renewal, T�ansfer, or Amendment sC $30.00 + $1.00 per trailer site (One time fee) $50.00/Vehicle $150.00 each location $50.00 $150.00 each location $450.00 each location $250.00 each location $600.00 each location Same as original application Page 4 - Ordinance No. 220 Multiple Dwelling 22 31 14 23 113 13 125 125 Music Festivals Pawn Shops $8,000 Investigation Fee Peddlers/Solicitor Public Dance Refuse Haulers, Garbage Truck Retail Gasoline Sales Private Pump Saunas and Massage Parlors (Business Investigation Fee) Saunas and Massage Parlors (Operation and Maintenance) 125 Saunas and Massage Parlors (Certificate Investigation Fee) 125 Saunas and Massage Parlors (Employee Massage Practice Certificate) 127 214 113 108 iL: Sexually Oriented Businesses Investigation Fee Signs and/or Billboards Permanent Sii�n Temporarv Sis�n Solid Waste Programming Sprinkler System Street Vending Single rental unit $12 Two rental units $24 $36.00 for 3-7 units $49.00 for 8-12 u�its, $49.00 per building with over 12 units + $2.00 per unit for every unit over 12 $700.00/day + $100.00 filing fee $400 $60.00 per peddle� $75.00 $60.00 for first truck and $15.00 each additional truck. $60.00 $30.00 per location $1,500.00 $3,000.00/year $100 each $50 each/year $400 $400 .. . . .. . 50.00 less than 40 sq.ft. 80.00 more than 40 sQ.ft. 50.00 under 40 s ft 80.00 over 40 s ft 200.00 De osit-refunded if conditions met $2.50 per residential dwelling of 1-4 units and per multiple dwellings of 5 or more certified for service under the City's recycling services contract $20.00 - 1st 10 heads $2.00 each 10 thereafter $30.00 indust�ial $50.00 residential $�-A9 100.00 both . � Page 5 - Ordinance No. 116 Suntanning Rooms 115 Swimming Pools, Public 504 Taxicab 205 Text Amendment to the Zoning Ordinance 104 Tree Removal/Treatment 108 UFC Article 10 - Restaurant Ext. Systems 108 UFC Article 11 - Burning Permits 108 UFC Article 26 - Refinishing (Bowling Alley) 108 UFC Article 29 - Repair Garages 108 UFC A�ticle 30 - Fiber Yards and Woodworking 108 UFC Article 31 - Tire Rebuilding 108 UFC Article 34 - Auto Wrecking 108 UFC Article 45 - Sprayfinishing 108 UFC Article 47 - Fumigation 108 UFC Article 74 - Compressed Gases 108 UFC Article 75 - Cryogenics 108 UFC Article 76 - Grain Elevators 108 UFC Article 78 - Fireworks 108 UFC Article 79 - Flammable Liquids 108 UFC Article 79 - Underground Tank Removal 108 UFC Article 80 Hazardous Materials 6E $500.00 $250.00 per outdoor pool $350.00 per indoor pool + 25� of base per added pool, enclosed area $50.00 company and 1st cab + $5.00 each additional vehicle $300.00 $48:69 150.00 $50.00 $75.00 $�98 150.00 $50.00 $g8T88 250.00 $350.00 $300.00 $5A:88 250.00 $a-AA:A9 150 . 00 $g8T89 150.00 $gA :-88 150 . 00 $�AA:A9 500.00 $50.00 $bA-88 $275.00 $75.00 per site $100.00 Page 6 - Ordinance No. 108 UFC Article 82 Storage Tank Installation (L.P.) 19 113 Used Motor Vehicles Yard Waste Transfer Site Gate Fee $75.00 0 - 10,000 gallons $a-8A:89 475.00 10,001 and up gallons $25.00 Mixer $25.00 Vaporizer $150.00/year $2.00 per car $3.50 per pickup truck or small trailer FEES FOR SERVICES RENDERED 206 Building Permit Fees See Chapter 206 206 Certificate of Occupancy Fees See Chapter 206 206 Electrical Permit Fees See Chapter 206 206 Land Alteration Excavating See Chapter 206 or Grading Fees Uniform Building Code Chapter 70 adopted by reference (Plan Checking Fees and Grading Permit Fees) 211 Lot Splits $�88-A9 250.00 206 Mechanical Permit Fees See Chapter 206 212 Mining Permit See Chapter 206 206 Moving Permits Fee See Chapter 206 211 Plat 206 Plumbing Pe�mit Fees 206 Reinspection - Building Fee 205 Rezoning 206 Sewer Permit Fee 205 Special Use 205 Town House Development 206 Utility Excavations Permit Fees 206 Water Permit Fee 402 206 Water/Waterways Permit Fees City Vacations Charter $500.00/20 lots + $15.00 each additional lot See Chapter 206 See Chapter 206 $398-A9 500.00 See Chapter 206 $298:9A 400.00 for all, $100.00 for 2nd access, building $500.00 See Chapter 206 See Chapter 206 See Chapter 206 $#�98 250.00 sF Page 7 - Ordinance No. 211 Variance *Prorate $60.00 for R-1, $100 for all other PASSEO AND ADOPTED BY THE COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: i5'ii��_t��I_R�3:Ir\�f�_Q�i�'Ld��:l:� First Reading: Second Reading: Publication: WILLIAM J. NE - MAY R 6G r � � J Community Development Department PLANNING DIVISION City of Fridley DATE: December 9, 1993 TO: William Burns, City Manager��,�� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #93-07, by Animal Medical Clinic On October 27, 1993, the Planning Commission reviewed the request to allow the Animal Medical Clinic to administer vaccinations. The Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. 2. 3. No vaccination supplies or medical waste shall be stored on the site. Any alterations to the building will require issuance of a building permit. � Future violations similar to those set forth in the Board of Veterinary Medicine's stipulation order against the petitioner shall be grounds for revocation of the special use permit. Please refer to the attached memo dated November 23, 1993 which summarizes a variety of correspondence and documentation regardinq the request. The original documentation is available for Council's review, if required. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-93-680 �� S TAFF REP O RT Community Development Department " ' � Appeals Commission Date �_ Planning Commission Date : May 26, 1993 City Council Date : October 27, 1993 November 15, 1993 m er REQUEST Permit Number Applicant Proposed Request Location SITE DATA Size Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities I Park Dedication � Watershed District ANALYSIS Financial l mplications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Appeals Commission Planning Commission Author �/dn � � December 13, 1993 . SP ��93-07 Animal Medical Clinic To allow animal/veterinary clinics which administer vaccinations. 250 Osborne Road N.E. C-2, General Business Retail C-2, General Business to the East; C-1, Local Business and M-1, Light Industrial to the South; M-2, Heavy Industrial to the West; C-2, General Business and C-3, General Shopping to the North - Retail and Industrial - Six Cities Approval Approval with stipulations � � � . K 1K LbRNER _SEG /I__ � — - i --i6fi4 - ... ....� ,. — ... � �� RA CH EASI�RAAICH::�=. ;,, ? se� =; EAST £srarES �f ,• ! ; N'ES TE$ h� F/RS7t•) + � � . � �� ` i: TH/R ADD. � � Aoa�� ' � ' � - � � - SP #93-07 Animai Medical•Clinic N �/2 SEC. C/ T Y OF � r " �., � .. - - !+� a �� ' �. /w NI � -- �► :��i�- r � �'��. . �/.��,�4 �� .� y�/ /�� i fy` I� /)I . p is) 1 . � l.s,o� Q i I t �� ;' i -�------�-- I I r— — _ '' ; ,,= ' lIIPO/ � ! 1. � � ' . '^ i � i �� [� � , �V i �� I I , o ..: I � (?JQO/ IJ r i.� oe,vEw � SEC. 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I�1aul . : m —�4: - . ; " s .�.es lJ � . w .. . !C161D0J tl � `;Ll . �2 , � i "�i � �.ii630/ � :Rtx .. ' ///30/ - IS � lU � _ :: . ,�` � �zr'°°� . " " riS`•. ^i,vr '; .'i:lsSO! � � ,4i //OSO/ . � s I � 11 ' �� . � �,�eoo/ : `y.� v „ , r '• L . .�' . � /x� IIADO1 /I30/ � � � � 10 I1 I , �I I • h; 'f H - i+, ,.`�) � .. /r/ r (1 � � �. �� !qlO/ e � /930J �yipp� � S � if �� j �t j ( ��VC +��.C.• 1� �/� ,` -__� •a � �A s—aa��jl� �� . � �� 23 7B L �24 OCATION MAP � � �OC ��\�i�►��►��`_ Staff Report SP #93-07, by Animal Medical Clinic Page 2 Request The petitioner, Animal Medical Clinic, requests that a special use permit be issued to allow veterinary clinics which conduct vaccinations. The request is for Lots 1, 2, 28, and 29, Block 2, Commerce Park, generally located at 250 Osborne Road N.E. Site Located on the property is a single story, multi-tenant, masonry building. The primary use of the building is retail. The property is zoned C-2, General Business. The property to the east is zoned C-1, Local Business. The property to the south is zoned M-1, Light Industrial and C-2, General Business. The property to the west is zoned M-2, Heavy Industrial, and the property to the north is zoned C-3, General Shopping Center and C-2, General Business. Analysis The Planning Commission reviewed a similar request by H& H Veterinary in December of 1992. The City Council approved the special use permit for the veterinary service at its February 1, 1993 meeting. Pet Food Warehouse, whose tenant space is used to conduct the vaccination clinics, is changing service providers for the veterinary services. It is their opinion that having a service provider which is connected to an established clinic provides better customer service to pet owners. A new special use permit must be issued due to the change in service providers and also a change in the intensity of the clinic. The H& H Veterinary application proposed clinic hours three to five hours per weekend every three to five weeks. Animal Medical Clinic is proposing to conduct vaccination clinics every weekend for approximately three to four hours. Section 205.14.O1.C.(10) of the Fridley City Code permits with a special use permit animal clinics, veterinary clinics, animal hospitals, public kennels, obedience schools, and training services provided the following conditions are met in order to eliminate offensive noise and odors: A. All windows in the area of the building housing animals shall be double glazed with a fixed sash. B. Any ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air. C. There shall be no outside pens or holding areas. 7D Staff Report SP #93-07, by Animal Medical Clinic Page 3 The intent of the ordinance section is to provide standards for full service clinics which maintain animals in their facilities on a round-the-clock basis. As in the original special use permit, the petitioner does not intend to provide full-scale veterinary services �t the vaccination clinics. The petitioner only intends to provide vaccination clinics on a regular basis. There will not be holding pens, either in or outside of the building. The petitioner intends to use a small portion of the receiving area to establish the examination and vaccination area. In the original special use permit request, the petitioner provided plans for storage of the biological and pharmacy items to be used during the vaccination process. They also stated their plans to prevent the public from accessing these materials as well as used syringes and any waste associated with the vaccinations. The current petitioner has indicated that they do not need an infectious waste generators license; however, a more specified plan detailing how medical wastes are handled and stored while at the clinic site should be submitted by the petitioner. The petitioner of the original request indicated that they were currently licensed by the Minnesota Board of Veterin�ry Medicine. According to the State, the current petitioner was under probation by the Minnesota Board of Veterinary Medicine. The petitioner was placed on probation due to the following allegations: 1. The petitioner provided unnecessary services. 2. The petitioner directed or permitted veterinary technicians to perform procedures reserved for licensed veterinarians. 3. The petitioner prescribed or provided medications for human use. The order and stipulation imposed by the Board of Veterinary Medicine expired October 22, 1993. Dr. Olson of the Board of Veterinary Medicine indicated that there have been no subsequent problems or allegations while the petitioner was on probation. Recommendation The request meets all of the zoning code standards set forth in Section 205.14.O1.C.(10) of the zoning code. Staff recommends that the Planning Commission recommend approval of the request to the City Council with the following stipulations: 1. No vaccination supplies or medical waste shall be stored on the site. 7E Staff Report SP #93-07, by Animal Medical Clinic Page 4 2. Any alterations to the building will require issuance of a building permit. 3. Future violations similar to those set forth in the Board of Veterinary Medicine's stipulation order against the petitioner shall be grounds for revocation of the special use permit. Planning Commission Action The Planning Commissiori voted unanimously to recommend approval of the request to the City Council as xecommended by staff. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 7F ,',,..,�,� i� �.• � '• ;�� - �� .�1 �� y�••° _ �, MINNESOTA BOARD OF VETERINARY MEDICINE 2700 University Avenue West # 102 • St. Paul, MN 55114-1081 (612) 642-0597 October 14, 1993 City of Fridley Planning Commission 6431 University Avenue NE Fridley, MN 55432 To Whom It May Concern: In the matter of Joel Locketz, OVM, Minnetota Veterinary License number 0970. Dr. Joel Locketz, by Stipulation and Order of the Board of Veterinary Medicine, is cu�rrently under probationary license status. Dr. Locketz may petition the Board for removal of the probationary status at the first scheduled Board meeting after October 22, 1993. It is anticipated that meeting will be during the first two weeks of January, 1994. Dr. Locketz has complied with all terms of the Stipulation and Order to date. Barring any derogatory information that may come to the attention of the Board prior to the January meeting. I expect that the Board would act favorably on Dr. Locketz' petition and remove the probationary status from his license. Sincerely, ; �� R land C. Olson, DVM Executive Director RCO/dc AN EQtlAL OPPOf�'�TY EMPLOYER AMC Low Cost Vaccination Clinics 2603 Hennepin Avenue So. - Mlnneapolis, Minnesota 55408 - 3744515 June 8, 1993 City of Fridley Michelle McPherson, Assistant City Planner 6431 University Avenue N.E. Fridley, MN. 55432 Dear Ms. McPherson: It has come to my attention that Dr. Urie and Malla Hertzberger of H& H Mobile Veterinary Services have made statements that are not accurate and do not fairly represent the communication that transpired between them, my wife and myself. The following summarizes these transactions to the best of our recollections: During the third week of this past February, my wife and I met with Jeff Sell, Pet Food Warehouse General Manager, to discuss details of an agreement to have Animal Medical Clinic assume responsibility for all va�cinatior� clinics �eing held or to be held at all existing P�J .ocations. In the course of this conversation, Jeff stated that he had informed H& H Veterinary Services of this change in Vaccination Clinic management and was concerned about the transition, given an existing relationship with the Hertzbergers. His desire was to make this transition in the most respectful way possible and would leave the strategy to me. Y discussed this transition matter further with my wife (an organization development consultant) and we decided to meet with the Hertzbergers to give them an adequate explanation of what led up to this veterinary change and to inquire as to their receptivity and/or desire to become a part of the new organization. C7�`l AMC Low Cost Vaccination Clinics 2603 Hennepin Avenue So. - Minneapol(s, Minnesota 55408 - 374-4515 -2- This meeting with the Hertzbergers took place on February 26, 1993 at the Embers restaurant following a tour of the Animal Medical Clinic. The meeting 6egan with a brief explanation of the business agreement that Pet Food Warehouses and the Animal Medical Clinic entered into and the extensive groundwork that Animal Medical Clinic had already laid to develop its vaccination clinic organization, advertising capability and highly trained staff. I discussed how I was currently envisioning the organization and the work flow. After this initial presentation, I acknowledged the experience and expertise that H& H Veterinary Services have and extended an offer to Dr. Urie Hertzberger to join my new organization and to be compensated at a level commensurate with both his expertise and vaccination clinic experience. He seemed to be relieved by this gesture and began discussing some of his experiences at the vaccination clinics, the University of Minnesota and his family situation. It was at this point that he mentioned his wife, Malla, was pregnant with tneir second chiid. I asked Malla what role she played in their vaccination clinic operation and she began describing an impressive administrative role and apparent business savvy. I decided (both out of compassion and need) to also offer Malla a position in my new organization. Both seemed pleased with this second offer. As it appeared that they welcomed my offers, I proceeded to request that they begin assembling various data to be entered into the Animal Medical Clinic data base, ie; cl�ent records, job descriptions, staff names, sa?ary information, etc. We all shook hands and decided to meet again, probably at our home, to work out final details of this new employment anangement. My wife and I suggested that they bring over their child to play with our two children and looked forward to the beginning of a new � work, and possible social relationship. Malla agreed to contact us soon with a date and time that would be convenient to meet at our home. Approximately one week later, having not heard from Malla, I called Malla to follow-up on our last conversation. When I asked why she had not contacted me, she said that her daughter was ill and we could not �et together at this time. Another week followed with a commitment to contact me and subsequent lack of communication. Again, I called Malla. This time she said that they were not interested in my offer and upon the 7� AMC Low Cost Vaccination Clinics 2603 Hennepin Avenue So. - Minneapolis, Minnesota 55408 - 3744515 -3- advise of their attorney, they would not be turning records over to me. I said thank you and hung up the phone as her voice tone left no opening for further discussion. In summary, I believe that I treated the Hertzbergers with fairness and respect. I have entered into an agreement with Pet Food Warehouses based on my proven professional and business expertise and experience and not dependent on defaming the reputation of any other professionals. I believe there is a need for veterinary services that address a multitude of pet owner needs, one such need being low cost preventive medical services. Thank you for your consideration of my perspective and position, I would welcome an opportunity to discuss this matter in person. Sincerely, � � �� Dr. Joel D. Locketz, D.V.M. 7J 0 r � � � DATE: TO: FROM: SUBJECT: Community Development Department PL�NG D�SION 0 City of Fridley November 23, 1993 William Burns, City Manager Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Documentation Relating to Special Use Permit,. SP #93-07, by Animal Medical Clinic We have received the following letters and documentation regarding the special use permit request for veterinary clinics conducting vaccination services: ♦ ♦ October 27, 1993 from Steven Prawer, M.D. This letter was written in support of Dr. Joel Locketz, petitioner. October 26, 1993 from Helen Winder. This letter was written to clarify the location of the supplies used during the. vaccination clinic and where used supplies are disposed of. ♦ September 30, 1993 from Roland Olson, Executive Director of the Minnesota Board of Veterinary Medicine. This letter was written to clarify the position of Dr. Locketz, petitioner, in regards to a special report aired by KSTP-TV news in which cruel and inhumane treatment of animals was portrayed. The letter stated that none of the allegations against Dr. Locketz�. included cruel or inhumane treatment of animals. ♦ June 1, 1993 from Allen Peters, Executive Director of the Hearing Dog Program of Minnesota. This letter was written in support of Dr. Locketz, petitioner. ♦ June 1, 1993 from John Flagler. This letter was written in support, and as a character reference, of Dr. Locketz, petitioner. ♦ May 12, 1993 from Mala and Uri Herzberg. This letter was written to inform staff of Dr. Locketz's probationary status with the Board of Veterinary Medicine.. It also mentioned the T.V. news segment by KSTP-TV. SP #93-07, by Animal Medical Clinic November 23, 1993 Page 2 ♦ October 22, 1991 from the Board of Veterinary Medicine. The stipulation and order regarding the following allegations that Dr. Locketz, petitioner, provided unnecessary services, directed or permitted veterinary technicians to perform procedures reserved for licensees, and prescribed or provided medications for human use. This placed Dr. Locketz on probation and stipulated several terms and conditions. The stipulation and order was to be in effect for two years at which time the petitioner's activities would be evaluated for removal of probation. ♦ May 10, 1993 from Jeff Sell of Pet Food Warehouse. This letter was written to explain why there was to be a change in veterinary service providers. It was the opinion of Pet Food Warehouse that having a service provider associated with an established veterinary clinic would provide better customer service for its clients. ♦ May 4, 1993 from Animal Medical Clinic. This documentation was originally submitted by the petitioner with the special use permit application. This documentation included a description of types of clinics to be conducted and a copy of the petitioner's license with the Board of Veterinary Medicine. ♦ June 10, 1992 from C. J. Rosell, D.V.M. This letter was written as a review of Animal Medical Clinic's operation during the monitoring period as required by the stipulation and order from the Board of Veterinary Medicine. In the opinion of the monitor, all of the required practices were being adhered to. Should th�.City Council wish to review any of these documents, they will be available at the City Council meeting on December 1, 1993. MM/dn M-93-695 7L CITY OF FRIDLEY PLANNING COMMISSION MEETING� OCTOBER 27, 1 ---------------�___---------------------_________..._______________ CALL TO ORDER• Chairperson Newman called the October 27, 1�3, Planning Commission meeting to order at 7:30 p.m. / ROLL CALL: Members Present: Dave Newman, Dav Kondrick, Dean Saba, Brad Sielaff, Roy Oquist Members Absent: Diane Savag , Connie Modig Others Present: Barbara cy, Community Development Director Michel cPherson, Planning Assistant Dr. J 1 Locketz, Animal Medical Clinic, P.A. Hel Winder, Attorney La � Berg Mr. Newman sta d that probably one of the most valuable things the Planning Co ssion does as a body is its discussion on various issues. He complimented�Ms. Saba on a nice job of capturing the various co cerns and issues the Commission had on the hard surface driveway�ssue discussed at the last meeting. MOTIO by Mr. Kondrick, seconded by Mr. Saba, to approve the Sept�fnber 22, 1993, Planning Commission minutes as written. A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED T$E iN CARRIED IINANIMOIISLY. 1. PUBLIC HEARING: CONSIDE�ATION OF A SPECIAL USE PERMIT SP #93-07, BY ANIMAL MEDICAL CLINIC (tabled 5/26/93): Per Section 205.14.O1.C.(10) of the Fridley City Code, to allow veterinary clinics conducting vaccinations on Lots l, 2, 28, and 29, Block 2, Commerce Park, generally located at 250 Osborne Road N.E. . MOTION by Mr. Oquist, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTL, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:37 P.M. 7M PLANNING COMMISSION MEETING, OCTOBER 27, 1993 PAGE 2 Ms. McPherson stated this property is located at the intersection of the University Avenue West Service Drive and Osborne Road. It is the site of the former Cub Foods. The property is zoned C-2, General Business. The property to the east is zoned C-1, Local Business; the property to the south is zoned M-1, Light Industrial, and C-2, General Business. A single story multi-tenant masonry building is Zocated on the property. Ms. McPherson stated the Planning Commission reviewed a similar special use permit request by H& H Veterinary for veterinary services at the Pet Food Warehouse in December 1992. The special use permit for veterinary services was approved by the City Council on February l, 1993. Ms. McPherson stated the Pet Food Warehouse management has made a corporate decision to change veterinary service providers. H& H Veterinary Clinic is not associated with an established veterinary clinic, and the Pet Food Warehouse management felt it was better that the vaccination clinics be conducted by a provider who is connected with an established clinic. A new speeial use permit needs to be approved due to the change in service providers and in the change in intensity of the clinic. The H& H Veterinary Clinic had proposed to conduct vaccination clinics every 3-5 weeks for 3- 5 hours. The Animal Medical Clinic is proposing to conduct vaccination clinics every weekend for approximately 3-4 hours. Ms. McPherson stated Section 205.14.O1.C.{10) of the Fridley City Code permits animal clinics, veterinary clinics, animal hospitals, public kennels, obedience schools, and training services with a special use permit. However, the following three conditions must be met in order to eliminate offensive noise and odors: A. All windows in the area of the building housing animals shall be double glazed with a fixed sash. ' B. Any ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside area. C. There shall be no outside pens or holding areas. Ms. McPherson stated the intent.of this ordinance section is to provide standards for full service clinics which maintain animals on a round-the-clock basis. The petitioner does not intend to provide full scale veterinary services at the Pet Food Warehouse. The vaccination clinics will be held on a regular basis; however, there will be no holding pens, either inside or outside the building, and the petitioner intends to use a small portion o� the receiving area to establish the examination and vaccination area. Ms. McPherson stated that the original petitioners provided plans for the storage of the biological and pharmacy items to be used 7N PLANNING COMMISSION MEETING. OCTOBER 27, 1993 PAGE 3 during the vaccination process and indicated the proposed plans to prevent public access to these area. They also provided a plan to take care of any biological waste generated during the clinics. Originally, the petitioner, Dr. Locketz of the Animal Medical Clinic, did not indicate the proposed plans for the disposal of the medical waste. Staff did receive a letter that day indicating that the wastes generated from each vaccination clinic will be returned to the home clinic on Hennepin Avenue. The Animal Medical Clinic does have the appropriate state licenses and have a regular medical waste handler who picks up and disposes of this waste. Ms. McPherson stated this special use permit was originally scheduled for the Planning Commission in May 1993. At that time, the petitioner was under probation by the Board of Veterinary Medicine. Staff's original recommendation was that the Planning Commission consider approving the special use permit request. The special use permit would not become valid until after the probationary period was over. The petitioner also requested that the Planning Commission table the request until the issue of probation was resolved. The order and stipulation imposed by the Board of Veterinary Medicine expired October 22, 1993. The Commission has a copy.of a letter from the Board of Veterinary Medicine indicating that there have been no subsequent problems or allegations while the petitioner was on probation. Ms. McPherson stated staff recommends that as the request meets all the appropriate Zoning Code standards, the Planning Commission recommend approval of the special use permit with three stipulations: 1. No vaccination supplies or medical waste shall be stored on the site. 2. Any alterations to the building will require issuance of a building permit. 3. Future violations similar to those set forth in the Board of Veterinary Medicine's stipulation order against the petitioner shall be grounds for revocation of the special use permit. Ms. Helen Winder, attorney representing the Animal Medical Clinic, P.A., and Dr. Joel Locketz, stated she would like t� make a correction to the record. At the time Dr. Locketz was placed on probation, there were no violations made against him. There were absolutely no findings of wrongdoing by the Minnesota Board of Veterinary Medicine. The probation was really an accommodation based on several false accusations raised. Rather than go through a lengthy, costly hearing process, they reached an accommodation whereby Dr. Locketz was placed on probation for a specific period of time. The Commission members had received a copy of a letter from the Minnesota Board of Veterinary Medicine finding that Dr. 7Q PLANNING COMMISSION MEETING. OCTOBBR 27, 1993 PAGB 4 Locketz has met the requirements of probation and expecting that the Board would act favorably on Dr. Locketz petition and remove the probationary status from his license. Mr. Sielaff asked how long the probation period was. Ms. Winder stated the probation period was for two years. Mr. Sielaff asked what the "unnecessary services" were that Dr. Locketz allegedly provided. Ms. Winder stated Dr. Locketz provided an additional test for an animal. However, the complaint was not raised by the animal owner, but rather by disgruntled employees. Mr. Sielaff asked what was the allegation for the medications? Ms. Winder stated that has to do with Dr. Locketz' children. His children were suffering from ear infections. Dr. Locketz had called their pediatrician who had volunteered to call in a prescription for antibiotics, but had forgotten to do so. The children became distressed so Dr. Locketz called in a prescription for antibiotics. Dr. Joel Locketz stated the Animal Medical Clinic has 3-4 other veterinarians who work part-time. Right now, they are servicing several other Pet Food Warehouses in Maplewood, Eden Prairie, Minnetonka, Brooklyn Park in November 1993, and St. Cloud. Each veterinarian has several years of experience. They offer_just a limited service, screening and inoculations. They refer animals to other hospitals for more severe problems. Their prices are very reasonable, up to 30� off the office price. Consumers are very happy with this type of service. They have received no complaints from the other communities. Dr. Locketz stated they see a population right now that have not been serviced. The economy is very tight, many people are unemployed, and they cannot afford the protection for their animals. Close to half the animals they service are overdue for inoculations. They are increasing the population of animals vaccinated for rabies and promoting license sales in local communities. . Mr. Kondrick asked Dr. Locketz how long he has been practicing veterinary medicine. Dr. Locketz stated he has been practicing veterinary medicine in Minnesota for 22 years. The Animal Medical Clinic offices are at 26th & Hennepin where they offer a full service veterinary clinic. Dr. Locketz stated they went through quite a screening process with Pet Food Warehouse. There were some procedural problems which they 7P PLANNING COMMISSION MEETING, OCTOBER 27, 1993 PAGS 5 have now tightened up. They feel they�offer a high quality service and there has never been a question about the type of care they give. Mr. Kondrick asked Dr. Locketz if he had any problem with the stipulations. Dr. Locketz stated, no, the stipulations are reasonable. MOTION by Mr. 5aba, seconded by Mr. Kondrick, to receive into the record a letter dated October 26, 1993, from Helen Winder regarding the storage and handling of inedical wastes and a letter dated October 27, 1993, from Dr. Prawer, Associated Skin Specialists, P.A., stating he supported Dr. Joel Locketz and his request for a low cost vaccination clinic at the Pet Food Warehouse. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. MOTION by Mr. Sielaff, seconded by Mr. Kondrick, to close the public hearing. , IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 7:50 P.M. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend to City Council approval of special use permit request, SP #93-07, by Animal Medical Clinic, per Section 205.14.O1.C.(10) of the Fridley City Code, to allow veterinary clinics conducting vaccinations on Lots l, 2, 28, and 29, Block 2, Commerce Park, generally located at 250 Osborne Road N.E., with the following stipulations: 1. No vaccination'supplies or medical waste shall be stored on the site. 2. Any alterations to the building will require issuance of a building permit. 3. Future violations similar to those set forth in the Board of Veterinary Medicine's stipulation order against the petitioner shall be grounds for revocation of the special use permit. , IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN�DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this item will be reviewed by the City Council on November 15, 1993. %` it � _ � . Community Development Department PLA►��TNING DIVISION City of Fridley DATE: December 9, 1993 TO: William Burns, City Manager �.�k�'- FROM: SUBJECT: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Variance Request, VAR #93-32, by Anoka County The Appeals Commission reviewed the variance request by Anoka County at its November 23, 1993 meeting. The request by Anoka County is a result of right-of-way acquisition for the 1994 East River Road improvement project. The limits of the proposed project are from Hartman Circle to Glen Creek Road. The properties adversely affected by the County's acquisition are: * * * 129 Hartman Circle, to reduce the front yard setback from 35 feet to 8 feet. 6880 East River Road, to reduce the front yard setback from 35 feet to 15.22 feet. 102 - 71st Way, to reduce the front yard setback from 35 feet to 28.44 feet. * 7095-99 Hickory Drive, to reduce the front yard setback from 35 feet to 31 feet; to reduce the lot area from 9,000 square feet to 8,363.52 square feet. The County has indicated a willingness to swap property for the parcel at 7095-99 Hickory Drive in order to eliminate the lot area variance. The Appeals Commission voted unanimously to recommend denial of the variances for 129 Hartman Circle and 6880 East River Road to the City Council. The Commission voted 2:1 to recommend approval of the variances for 102 - 71st Way and 7095-99 Hickory Drive. Staff made no recommendation to the Appeals Commission regarding approval or denial of the variances. The property owners for 129 Hartman Circle and 6880 East River Road both spoke against the variance requests for their properties. MM/dn M-93-715 r � � I DATE: TO: FROM: SIIBJECT: Community Development Department PLANIVING DIVISION City of Fridley December 9, 1993 William Burns, City Manager Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Letter of Withdrawal from Anoka County Regarding Variance Request, VAR #93-32 We have received the attached letter from Michael Kelly, Chief Right-of-Way Agent for Anoka County, reguesting that the variance request for 129 Hartman Circle and 6880 East River Road be with- drawn. Staff has contacted the property owners of both subject parcels to inform them of the County's decision. Mr. and Mrs. Gerald McDonald, 129 Hartman Circle, have not agreed to the request to withdraw. Ms. Anna Wichern, 6880 East River Road, has not made a decision regarding the request. We will update the City Council on her decision at the City Council meeting on December 13, 1993. MM:ls M-93-721 _ ��p COU� .��. v \��' s' ;�.. . .� :.1-:: � t �-., M�hNE504P '4 December 8, 1993 Ms. Barb Dacey City of Fridley 6431 University Ave. NE Fridley, MN 55432 COUNTY OF ANOKA Department of Highways/Right-of-Way Paul K Ruud, County Engineer Government Center, 2100 - 3rd Avenue, Anoka, MN 55303-2265 Phone (612) 421-4760 FAX (612) 422-7507 Re: Anoka County Highway Project S� 02-601-36 129 Hartman Circle (Gerald McDotlald) 6880 E. River Rd. (Anna Wichern) .� Dear Ms. Dacey: This letter shall constitute a formal request to drop the above-referenced variance requests from further consideration. Based on the presentations made at the Appeals Commission on November 23, 1993, it appears fruidess to proceed to the council level if the property owners are not in favor or confused about the ramifications of a variance. Please remember that the Anoka County �Iighway Department never wanted to push a particular outcome on the property owners. When we met with the owners and Michelle McPherson on October 20, 1993, I felt it was clear that we were asking the owners for their input. Both of the owners who requested denial at the appeals commission meeting had signed applications to request the variance. This seemed to tell us they wanted the variance. T'hey apparently have changed their minds. The owners of the other two parcels seerri to want the variances, so please proceed with those as you see fit. As was noted at the meeting, the parcel at 102 - 71st Way is no longer a problem as far at the Anoka County Highway Department is concerned. Sincerely, � � � Michael R. Kelly, Chief Right-of-Way Agent �� Affirmative Action / Eq�uai Opportunity Employer � � ' REQUEST I Permit Number Applicant Proposed Request Location SITE DATA Size Der�sit�r Present Zoning Present Land Use(s) Adjacent Zoning Adjacent Land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmenfal Considerations RECOMMENDATION Staif Appeals Commission Planning Commission Author STAFF REPORT Community Development Department Appeals Commission Date Novembe r 2 3, 19 9 3 Planning Commission Date City CounCil Date : December I3, 1993 VAR #�93-32 Anoka County SEE STAFF REPORT FOR VITAL STATISTICS OF EACH RE2UEST. ` — .— I� IK _- -- ER z J Y O 0 � m — -Lb \ 6 o- 2 y J x 0 0 m 4 , � 1 > � � � �� :/ � l — I � `(�' � C ` �J � .� I � G�t , wonaes � UMO 1� �' C.i�"� � ' � ..a _ � � � .. � �� t+ �.� ,� C��,;��(��j`��' J W I�. VQ�,`✓ � � �'i J l'� � t:% �.� „�.� , � 1 ��_�.., � �•� I \ /�� 7500 ' \ / 11� 1 �ME�w EK � .� o►,K E_ 'J�� IOG�N ' F�NII J �� . 1` �; �� Q �; ject End :� '1 '� 3 �� Q — 4 I� W I�~ � � a s ,. � � i u �� - � � COMIERCE Q. S. - .sr. ..�� .� � y ....,. . � _ Y � • a >Oi /� � - � ��M�/, • �-�-� �uy5-9� " ory Drlve � , w. , � "�� .��';�:�- � a�o � � J ::3 ^.J.!:. ='� � �� N��w� 1 �`'�.n�oif .`' !.� .o � COM4UNIi• / I I : � eoa�;� .� � � • � tOix .� ' � � A � . •J � � Z_ .. v.. i�23`'��:J�..� - �Ir�.��;�°�3.�'�' ✓��. ... �.�.x.. " �. �^s.? � `3 � l3 u,. x>.., a �� m�p� o`� �Y[ut� .. >��e �� V �J . �aSt iVB� � '°"' ' � G '�;. „ .... ..� " ,.w. � an le , i � s �i� n '� Q � i .�.......o r � i � � � � .. � �) r�aza 'I � P4AK f; ,. Pro�,ect ;� � _�a c, ° !! O "«KE � � i � V P�RR I� O . Kl ya�� i' Qi ,1�+ ~�� . �• �� '' .C�i w� � i0lY�T[11 �A110[M ( � { r rh IIK ' � - + � ' " �r, �I 4. � NOIIY � f I '-- SNOPpwc ,: ,�\' ��K�Y�� >'.' �: - CENTER _ � `<.we. � ` �,.� �na.... •� i� r�m�er �a .iww � � II r..tx ��._ II . .. II •�2Y:` n �� :�,. � N...w+ 11 1. - - �... ... :," �/ \ �w:�.`,� I .,�_�_J I�I .,o .. ;'' � � :„ .. '�� ' � — w.� ... ��i •�� " �j1 lil � �11 . . .. �;; 8D n. �' � v o.H. .. � � ,.... e : ��o CEMICR wya�" , J . � � � `�<�c.ti � a.•, � a ` O n � � � L J `� �� 6 � c� .: , V • ��"rt ' Qy i ��tll� y � � •� J . «.«• �::; � �,� r a � � { � .,. �- �..... �f t <��+ CM1MCx LOCATION MAP Staff Report VAR #93-32, Anoka County Page 1 A. STATED HARDSHIP: The request has been initiated by Anoka County for the East River Road improvement project beginning at Hartman Circle and ending at Glen Creek Road. The property owners of the four affected parcels have agreed to process these applications in conjunction with the County. B. ADMINISTRATIVE STAFF REVIEW: Request Anoka County requests four variances to be granted to correct nonconformities that will result from acquiring additional right-of-way for the 1994 East River Road Improvement Project. The following four properties are affected by the County's acquisition: A. 129 Hartman Circle B. 6880 East River Road C. 102 - 71st Way D. 7095 Hickory Drive Alternatives There are three scenarios to keep in mind when reviewing the variance requests: 1. If the County acquires the additional right-of-way and a variance is not granted, the property becomes nonconforming. The County must compensate the owner for "damages" resulting from the nonconforming status. Also, if the home is destroyed to more than 50� of its fair market value, the property owner will be required to build the home at the required setbacks or apply for a variance at that time. 2. If the County acquires the additional right-of-way and the variance is granted by the City, the property becomes conforming. The property owner is compensated merely for the value of the property necessary for the right-of-way. 3. The County acquires, based on the amount of damages, the entire property. The County could acquire property either in conforming or nonconform-ing status. If the County purchases the property as nonconforming, the County could, in turn, seli the property to a willing buyer. The consideration by the City of these variances does not preclude the homeowner from pursuing other alternatives with the County. At a minimum, the County is required by federal law to compensate the owner for the loss in value as the result of the taking regardless of the City's action to approve or deny the variances. : Staff Report VAR #93-32, Anoka County Page 2 129 Hartman Circle Request The variance request is to reduce the front yard setback from 35 feet to 8 feet. Site Located on the subject parcel is a split level walk-out single family dwelling unit. The subject parcel is a double-fronted lot; therefore, while the rear of the dwelling faces East River Road, it is still defined as a front yard setback by the Zoning Code. The property is zoned R-1, Single Family, as are all surrounding parcels. Analysis Section 205.07.03.D.(4).(b) of the Fridley Zoning Code requires that in the case of a double frontage, the building lines prevail in lieu of rear yard requirements. Public purpose served by this requirement is to preserve adequate distance between public right-of-ways and the structure as is typically required for a front yard setback. Adequate area for parking and line of sight is equally as important for double frontage situations. The subject parcel is unique in the fact that while the dwelling fronts on Hartman Circle with a garage accessing Hartman Circle, it also has a second garage with access to East River Road. The dwelling is located at the 35 foot setback from Hartman Circle. The living area is approximately 20 feet from the East River Road property line and is separated by the second garage. The second garage pxovides a slight buffer between the dwelling unit and the traffic on East River Road. There is no option for the property owner to relocate the dwelling unit on site without requesting another variance. The lot area, after the County taking, is 13,600 square feet. : ` �- i�Ait' ��93-32 Anoka County MINDER ENGINEERING C(1. INC. . .� . . ENGI NEE,RS AND; _SUR�/EY�R'�► _ � . ��Np svavevir�a .8011.3•TESTIN�3 CIVIL d, MUNICIPAL ENOiNEERINO ' �, ' L/�.NO_ P1..�:NNfNp 64�8-S�T" `AVENl1E :�N, z.., � 1�AINNEAPOLiS �2T; MIt3N:. _ N - � , , • � , ,. , ., ,_ . � •. , KE T= 3�3'7•;.; ." � �!' r � 0 � II �� 'i �C```�� IF: ' �S i�. lr�'' 1! � � � . � . � , . � � - '�' O r �`, �i :j :: i� ;) ;� � .�'__`_._� ..�.�� . ` i, .. ��..�' . ( ! ;��. �� L. � - �_ �� ,L _� � � �`�{� T� �� =`i t� � �� - � . .. � � -�.'C.`� v ` � ��._ �r�^ ' - i r% /. C- , ; ' i-1 `'�•1��" !`�'� �-� e �i 0 ' . . �� . . . ' . J:- , � �' "� � T - ----.�--- ,.--�- ' ' . .--..�"'"` . i j ., � t > �� 1 i � y . ' ZI i L.- ` �, _ . ��„ �� _ . _ _ '�. -- i i --_� .t °o �+� �' �; ' `fi . � 1 s . �.�`\ : � , .�7 f'' � � � - ` 'l--^"`��-+'`'�./ :—�' � ��;3°-� ' I 7 :c: / � fC4 ,� _.. - F . � j � �f f ,� S�� `..` � . ' . ' V�` ,t��n� ^� .�. � - . .. . ``.. �, . Sr o � � \ � � � l . . � . ' _ � � � , K , 1�t }.' t d h . - ? �' {t �' ✓' � 4.�� 'f Mt 5''4�' t�F+�r _ s- •.n .�. � .. � �: r ♦ . 1 � �� r y � "• � �, z,�., � 4s-�-s, � t. "�*�,+ �'' }�:'F < _ , - ,. , , , . .� . . .: . .� -i �� , . . . . . . ., . . .'. . . " . . • . '. - . "' ' � .' - _ , . ....,: .. : . _.. . .. , . . � - . . . -. . • ` •" :. � -. ._. .� ... .. . . _ .,_. �.. . . .� .: ..� l y �/ _ �t, �- ..� . .4 � t.- :..� _ � =.. ' .._.i ;.Y� z i .:t' . i.�o-r- �. �� .;.��- � -= ��.fiA�� .,�� Add. ��: _ _ � �5., _ ' " -r L - - � - - r � X r r ,� -- �'� +�' � � 4 f :, . . `..: . . .: . ,.::_' ' .', .. ..:, � :. , � � . : :- .' �- � .. ��—�. . �.� : .k_.�,- ,..:., l', -•� .. _ �` YVE` HERE 6Y 'CERT� FY THAT TH►S �l5 A TRuE ANO CORRECT � REPRESENTA710N :OF A SURYEY OF'� `tHE� ' BOl)NOARiES ``�F 7NE'� �'� ' IAND A80YE DESCRIBED ANO OF THE' LOCATION OF ALL BUII.OINGS, IF ANY, THEREON , A11D ALl V15t8LE ENCROACNMENTS, `.. IF 1wY, FROM ORON sNO �nNO. , MINDER ENGINEERING CO., INC. 011TED TMiS OH�(oF _��-�� • �_ �.O.i�55 � ENGIIJEEQS ANp , SVQV6YOR$` _ G.� ,� f- � r• . . . . . . . . , 8� . �; � ._ � ; , w � , . � Staff Report VAR #93-32, Anoka County Page 3 6880 East River Road Request The variance request is to reduce the front yard setback froxa 35 feet to 15.22 feet. Site Located on the subject parcel is a two-story single family dwelling unit and a detached two-car garage. The owner of the dwelling conducts a licensed day care from the dwelling. The property is zoned R-1, Single Family Dwelling, as are all surrounding parcels. Analysis Section 205.07.03.D.(1) of the Fridley City Code requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way. and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. Unlike the first variance request, this parcel is not a double frontage lot. The property owner has discussed with Anoka County the option of moving the dwelling to another location on the property. Again, unlike the first request, there is adequate lot area, as well as depth and width, for the relocated structure to meet the setbacks. If granted, the variance would be within the range of previously granted variances for front yard setbacks. If denied, there is adequate buildable area for a dwelling to be constructed on the parcel. Denying the variance would also force the owner to reconstruct the building in conformance with the setbacks if it is destroyed. The lot area, after the County taking, is 14,960 square feet. '�lt.' \ \ 1 / � , , , � �� PARCE� 4 �� 0 E D CONST. RET.WAL�� 129 Hartman Circle i 35' to 8' Lot Area 13,600 2—S—ST 129 O � _ . _ v� _ o0 �c.�r•� .• VAR i�93-32 Anoka County PARCE� S E�us�nu C�e,�,: SZJ '�i �� v� : 33� 16 ' 6880 East River Road SAND 35' to 1�:22' Lot ea 14,960 q. ft. 2—S F N 6880 N �ri � 5' S. � pp � � � � � '� v + r 10' SA D �.; I � 0 � ; — — U `� �P�s�D GU�$- 0 0 0 � � �"_' — — — .� ��►-� � 14, 81 Staff Report VAR #93-32, Anoka County Page 4 io2 - 71st Wav Request The variance request is to reduce the front yard setback from 35 feet to 28 feet. S ite Located on the family dwelling for Humanity. Dwelling, as ar Analvsis subject parcel is a new split level single unit which was constructed in 1992 by Habitat The parcel is zoned R-1, Single Family e all surrounding parcels. Section 205.07.03.D.(1) of the Fridley City Code requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. The County originally planned to take right-of-way which would have resulted in a reduction in the front yard setback from 35 feet to 17.78 feet. However, at the request of the City of Fridley Public Works Director, the County has revised the highway plans to eliminate this additional taking. Unfortunately, according to Anoka County's right-of-way plan, a 7 foot encroachment exists along 71st Way. When the building permit was issued, the plans indicated a 35 foot setback. A verifying survey dated May 26, 1992, shows that the 35 foot setback was met (see site plan). Changes appear to have occurred, and an encroachment exists. This encroachment is well within the variances previously granted and should be corrected. : b1L (�4 55�1 11- ].if: g3 15:1U F:�1 61� i 5� 3532 �\OKa Ci� H}��' UPT VAR 4�93-32 Anoka County � i � �._�>`-�-_/`�-� . � �. L� �.._ .. L_ �_----- —�- � _.. ---�-�-- _- � s., j� 1! �� _ � — `�� .-- -- _ � � . �'�!_ __ l,J � � .t... - � . � _. � ! � f'" l�� '� t� �. �_ �i - Y 1.- � r : � . Y ' F, Y �f ' ` � � ..-• � � � 1 `!` r�� •..� 11 x.,.,•�' � � � /� .-� -` � - ' ',,,.•r �` / i _. '�� . A _ .�� ,� / � V ��r'- � _f-r�''�� .p�' . /: � � � � � � F-�--1 � .r cJ � � �� 33 7 � � `�J � � a � ��,.�`�S � v � ��1 Q I� � n l� �� . � /� � Gy��,�-.. �-�-� \ � � �� % 'r> � �, r1 . . J (�J �� , � ': � �-'�''—,; C'�7 ,, �� /� N .� �� . N � O �� . �`, �\ � � ..� ____� Q Q �� W W � � l� ,. .� � � N° W �:. � � m � � a�. Q � Q'" o' J �.\ ° :�� , . �� -� �� ? 1 l� �`, I I � � � . f�(.i0� �r� t �-, � °. .. �' � ' � � � . .: � . � �.�4� � ... ► . �� - � �-+ ! -- � � � � � i I i � .� + ! � � ►l ' '1 . kj� 1 `� i � ii ;. :l � . : , ; ` i � ;_ N �p Z -i- � �ZZ o�� ~ J � Ctl O p � . p v N �O 3 ��a �o w � - �-- > o o--z J � a � 3 m � � U � W � � F— W � W F— � � F— / C.) � J i Z � � e O � � � � / Q � f � � `\ ! � 1 I i I I 1� it— 10 H- � (/i I �I (�- � 1 F-- � N � W � 3 � � —''----- --- 00'OL 1 N1tiUN— N M Q � � � •• 3 � � F- . (/) cn r w � J - ti �.� � � VAR 4�93-32 N � r � �O N � cv � � � Q � �. Staff Report VAR #93-32, Anoka County Page 5 7095 Hickory Drive Request Two variances are requested for this parcel: 1: To reduce the front yard setback from 35 feet to 31 feet 2. To reduce the lot area from 9, 000 square feet to 8, 363 . 52 square feet Site Located on the subject parcel is a two-family dwelling unit. The parcel is zoned R-1, Single Family Dwelling, as are all the surrounding parcels. Background The subject parcel was granted a special use permit in 1970. At that time, duplexes were permitted as a special use in the R-1, Single Family Dwelling, district. The dwelling has been operating as a duplex since 1970. The zoning ordinance was revised to eliminate duplexes as a special use. The property is nonconforming as a result of its use. Analysis Front Yard Variance Section 205.07.03.D.(1) of the Fridley City Code requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off- street parking without encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. If the variance is granted, it is well within the range of variances previously granted for front yard setbacks. The portion of the parcel to be impacted by the variance request is the parking area on the westerly portion of the parcel. Granting the variance will not adversely impact adjacent properties, nor would it reduce lines of sight or create visual conflicts for traffic. �•11'll I � \ ��tl�fll�lG� G�J�P�a : �y1 � i�?i� �� = �i VAR 4�93-32 / �noka County \ \ �C � � � \ � \ i�"IV �' �--'�-� � 1 �� ' / � i� �� , � ' k � � �� i/ � �- / � � - �� Staff Report VAR #93-32, Anoka County Page 6 7095 Hickory Drive {continued) Lot Area 8ection 205.07.03.A of the Fridley Zoning Code requires a lot area of 9,000 square feet as a minimum lot size. Public purpose served by this requirement is to avoid the congestion of overcrowding in a residential neighborhood. The dwelling is located in an R-1, Single Family Dwelling District. A minimum lot area in this district is 9, 000 square feet. The dwelling is located in an "island" between East River Road and Ashton Avenue. Due to the lack of adjacent structures, the dwelling appears to be on a parcel of adequate area. The reduction in lot area will not increase the lot coverage. The lot coverage is 16.6%. The reduction in the lot area is minimal and within the variances previously granted. The City has approved plats with lots containing lot areas of similar sizes. The County has indicated a willingness to swap land with the property owner to eliminate this variance request. �� Staff Report VAR #93-32, Anoka County Page 7 Summarv Councilmember Nancy J. Jorgenson attended a neighborhood informational meeting on October 20, 1993, at which the variance request and process was discussed. Councilmember Jorgenson expressed a concern regarding these variances, specifically those for 129 Hartman Circle and 6880 East River Road. As a result of this concern and due to the complexity of the variance request, the City Council should review these variances regardless of the Appeals Commission action. Appeals Commission Action The Appeals Commission voted unanimously to recommend denial of the variance request for 129 Hartman Circle and 688U East River Road to the City Council. The Commission voted 2-1 to recommend approvaT of the variance request for 102 - 71st Way and 7095-99 Hickory Drive to the City .Council. . . CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 s '` (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATI4N FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: ��S �D�� -�'IG�t��Y �31-tP.�f-" Property Identification Number (PIN) Legal description: Lot Block Current zoning: Reason for variance and hazdship: TracdAddition Square footagelacreage , Section of City Code: Have you opei�ated a business in a city which required a business license? Yes No If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No �EE OWNER INFORMATION (as it appears on the property title) (Contract P rchasers: Fee Owners must sign this form prior to processing) NAME �t'r.s. B., _ _ .l��' � _ _ A .�l '- --„ � � � L_ ,._ . �� .. � . _ `. r� �� _ � _ . . � � � . , . - � � , . //s�_��' _ ' , � .�._. � � _ � � �� SIGNATURE PHONE S�I-IdI� �TE �%- 6 �q 3 Fee: $100.00 $ 60.00 for residential properties �_ Permit VAR #-- � -��- �—�-- Receipt # _ �(Gal Application received by: °=-'"`' ' Scheduled Appeals Commission date: h�3 �3 Scheduled City Council date: : � 1 -.. � CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 '� (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: ,��.Z '%/� 4J�9�1, �iQ � ��t � Property Identification Number (PIN) Legal description: Lot Block Tract/Addition Current zoning: Square footage/acreage Reason for variance and hardship: Section of City Code: Have you operated a business in a city which required a business license? Yes No If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No 'FEE OWNER INFORMATION (as it appears on the property title} (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME �Gl/.� C� %/�� b�Bl � �� ?9�l / ��i � /�'�-' . ADDRESS 2 7� ��'i �,2.v,D S%�'�"% .V.�/�7�4 L � � S'� AYTIME PHONE 3�� - 33?� SIG1y,�,�U�E ` �� DATE /o �7 5� NAME ADDRESS DAYTIME PHONE SIGNATURE DATE Fee: $100.00 $ 60.00 Permit VAR #- �'�� Application received by: Scheduled Appeals Commission date: Scheduleci City Council date: for residenrial properties Receipt # _Tn� f � d' CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. � FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATIOI� - site plan required for submittal; see attached Address: !� f �-/�J�7"��/f �(i (� � �-c jE:� Property Identification Number (PIN)_ �5' /S .� f� � � /07 cG �.5� Legal description: ��! � D;y tc, � a r� ,� n r, Lot i'� Block �' TracdAddition Current zoning: Square footage/acreage Reason for variance and hardship: C c� u;.. r, z, �f .q �, r; i�a .; e� d� r u U :�,� k � f; � r o� � u u-�; �1 �� r S� ; �c� �'!�l Section of City Code: Have you operated a business in a city which required a business license? Yes No �_ If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No �_ FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners mast sign this form prior to processing) NAME_ (�-e r�.' .� A �T t.c_ �;� h M!�7 c 17 � M�. 1� ADDRESS ��f �A�?NlA.�V ��r�1 �. i � SIGNA' NAME ADDRESS SIGNA' � /'�'� DA YTIME PHONE �+7/ - � 9 `�� .DATE l0° d�-5�.3 DATE 1 c - � �{ - 9� Fee: $10(iti0 $ 60.00 for residential properties Permit VAR #�� .3a.. Receipt # _�� L1 Application received by: Scheduled Appeals Commission date: 1 1��%93 Scheduled City Council date: ��• " ; �, / CITY OF FRIDLEY 6431 UNIVERSTTY AVENUE N.E. FRIDLEY, MN 55432 '� (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: _ � �� 1 U�r JC�. Property Identification Number (PIN) ��5 3 � �� / a2. Q d�i (o 0 o S 3 o S S 5 Legal description: S c¢.r� 1�,,� �. ��,�,,., C,�, �}�� Lot �1 Block a- TracdAddition S Current zoning: R,�, , Square footagelacreage �..-. �it�.�,....�' 9� Reason for variance and hazdship: !,v � a�. �, '� a.J-- �-, �• Section of City Code: Have you operated a business in a city which required a business license? Yes No � If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME � � � R % - W ; c�,,e r � ADDRESS CQ `�� G 2° v e_.v %��- SIGNATURE .; YTIME PHONE � 7�-� Y 3,� DAT'E � > - � - �3 PETITIONER INFORMATION NAME ADDRESS SIGNATURE DAYTIME PHONE DATE Fee: $100.00 $ 60.00 for residential properties Permit VAR # 93-3Z Receipt # l.�oZl Application received by: Scheduled AppeaLs Commission date: Scheduled City Councii date: � CITY OF FRIDLEY APPEALS COMMI83ION MEETING, NOVEMBER 23, 1993 ____________^___�_________________________________�______________ CALL TO ORDER: Chairperson Savage called the November 23, 19�3, Appeals mmission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Diane Savage, Larry Kuechle Cathy Smith, Carol Beaulieu Members Absent: Others Present: Ken Vos Barbara Michele Michael Jerry & Anna Wi Ray And Joan Fi. Joan Ja� Richar�T Dacy, Comm ity Development Director McPherso , Planning Assistant Kelly, oka County Highway Department Judy Donald, 129 Hartman Circle :hern 6880 East River Road ,rs , 125 Hartman Circle .n y, 4645 - 5th Street N.E. � er, 6831 East River Road Jensen, 6911 East River Road Rasmussen, Camp Lockslea, 6900 East River Road Miller, Miller Funeral Home MOTION by Ms. $�aulieu, seconded by Mr. Kuechle, to approve the Noveraber 9, 1�g3, Appeals Commission minutes as written. UPON A VO�L`E VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECI,ARED THE MOTION O�RRIED IINANIMOII3LY. � 1. CONSIDERATION OF VARIANCE RE4UEST, VAR #93-32 BY ANOKA COUNTY: A. Per Section 205.07.03.D.(4).(b) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 8 feet on Lot 8, Block 2, Sandhurst Addition, the same being 129 Hartman Circle, to correct a nonconformity caused by the taking of additional right-of-way by Anoka County for highway improvement purposes. B. Per Section 205.07.o3.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 15.22 feet on Lot 9, Block 2, Sandhurst Addition, the same being 688o Sast River Road, to correct a nonconformity : APPEALS COMMI88ION ME$TING, NOVEMBER 23� 1993 PAG$ 2 caused by the taking of additional right-of-way by Anoka County for highway improvement purposes. C. Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 28.44 feet on Lot 16, Block 2, Riverwood Manor Addition, the same being 102 -71st Way N.E. , to correct an existing encroachment. D. Per Section 205.07.03.D.(ij of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 31 feet; and, Per Section 205.08.03.A of the Fridley Zoning Code, to reduce the lot area from 10,000 square feet to 8,363.52 square feet, on Lot l, Block 1, Ostman's 3rd Addition, the same being 7095-99 Hickory Drive N.E., to correct a nonconformity caused by the taking of additional right- of-way by Anoka County for highway improvement purposes. MOTION by Ms. Smith, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE oOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE D$CLARBD THE MOTION CARRIED IINANIMOIISLY. Ms. Savage stated that because she is an employee of Anoka County, she will abstain from voting on this variance request. Ms. McPherson stated that this is a four-part variance request by Anoka County which has been initiated in conjunction with the 1994 East River Road improvement project. The improvement project begins at Hartman Circle on the south and stretches to Glen Creek Road on the north. Over the years, Anoka County has been improving various intersections along East River Road. . Ms. McPherson stated the four properties which would be rendered nonconforming with the City's Zoning Code as a result of the County's acquisition are 129 Hartman Circle, 6880 East River Road, 102 - 71st Way, and 7095 Hickory Drive. The Commission should keep in mind that there are basically three alternatives which could occur as a result of the Commission's review as well as the City Council's final decision. Those alternatives are as follows: 1. If the County acquires the additional right-of-way and a variance is not granted, the property becomes nonconforming. The County must compensate the owner for "damages" resulting from the nonconforming status. Also, if the home is destroyed to more than 50� of its fair market value, the property owner will be required to build the home at the required setbacks or apply for a variance at that time. � APPEALS COMMISSION MEETING, NOVEMBER 23, 1993 PAGE 3 2. If the County acquires the additional right-of-way and the variance is granted by the City, the property becomes conforming. The property owner is compensated merely for the value of the property necessary for the right-of-way. 3. The County acquires, at the request of the property owner, the entire property. The County could acquire property either in conforming or nonconforming status. If the County purchases the property as nonconforming, the County has the right, in turn, to sell the property to a willing buyer. Ms. McPherson stated that it should also be noted that consider- ation of the variance request by the City does not preclude the homeowner from pursuing other alternatives with the County. At a minimum, the County is required by federal law to compensate the owner for the loss in value as the result of the taking regardless of the City's action to approve or deny the variances. 129 Hartman Circle Ms . McPherson stated the variance as requested is to reduce the front yard setback from 35 feet to 8 feet. This parcel is what is termed a"double frontage" lot meaning there is public right-of- way on both sides of the parcel. The parcel is zoned R-1, Single Family Dwelling, and there is a single family dwelling unit located on the parcel. Ms. McPherson stated this parcel is unique from the other variances requested by Anoka County as it is double-fronted. It also has a second garage which accesses East River Road, as well as a garage which accesses Hartman Circle. Ms. McPherson stated the living area of the dwelling unit is approximately 20 feet from the East River Road property line after the taking of property by Anoka County and would be separated from the right-of-way by the second garage. The second garage would provide a slight buffer between the dwelling unit and the traffic. However, there is no option for this property owner to relocate the dwelling unit on the site without requesting another variance. The dwelling is located at the 35 foot setback from Hartman Circle. There is adequate Iot area after the County taking which is roughly 13,000 square feet. 6880 East River Road Ms . McPherson stated the variance as requested is to reduce the front yard setback from 35 feet to 15.22 feet. The parcel is zoned R-1, Single Family Dwelling, and there is a single family dwelling unit located on the parcel. The owner of the property conducts a licensed day care from the dwelling. Ms. McPherson stated that unlike the first variance request, this parcel is not a double-fronted lot. The property owner has : APPEALS COMMISSION MEETING, NOVEMBER 23. 1993 PAGB 4 previously discussed with the County the option of moving the dwelling to another location on the property and bringing it into conformance without a variance. There is adequate lot area, as well as lot depth and width, to relocate the structure to meet the setback requirements. Ms. McPherson stated that if this variance is granted, it would be well within the range of previously granted variances for front yard setbacks. However, if the variance is denied, there is adequate buildable area for a dwelling to be reconstructed on the parcel. Denying the variance would force the owner to reconstruct the building in conformance with the setbacks if the dwelling is destroyed. The lot area, after the County's taking, is approximately 15,000 square feet. 102 - 71 lf 2 �Way Ms. McPherson stated the variance as requested is to reduce the front yard setback from 35 feet to 28 feet. The parcel is located in the southwest corner of the,intersection of East River Road and 71st Way. The property is zaned R-1, Single Family Dwelling, and there is a single family dwelling unit which was recently constructed by Habitat for Humanity in 1992. _ Ms. McPherson stated this request is somewhat unique. The County originally planned to take right-of-way which would have resulted in a reduction of the front yard setback from 35 feet to 17 feet. At the request of the City of Fridley's Public Works Director, the County revised the highway plans to eliminate this additional taking. However, a 7 foot encroachment still exists. A verifying survey dated March 26, 1992, shows that the 35 foot setback was met. However, the plans submitted by Anoka County show an encroachment to 28 feet. This variance request is for an existing encroachment and should be corrected by the City. 7095 Hickory Drive Ms. McPherson stated this property is located di�agonally across East River Road from 102 - 71st Way. Two variances are requested for this parcel: l. To reduce the front yard setback from 35 feet to.31 feet 2. To reduce the lot area from 9, 000 square feet to 8, 363. 52 square feet Ms. McPherson stated the parcel is zoned R-1, Single Family Dwelling, and a two-family dwelling unit is located on this parcel. This parcel received a special use permit in 1970 to allow the duplex to exist on the subject parcel, and the dwelling has operated as a duplex since that time. The zoning ordinance has since been revised to eliminate duplexes as a special use; therefore, the property is nonconforming in its use, but not regarding setbacks. '.•1.\ APPEALS COMMISSION MEETING, NOVEMBER 23, 1993 PAGE 5 Front Yard Setback Ms. McPherson stated the front yard variance is well within the variances previously granted for front yard setbacks. The portion to be affected by the variance request is on the westerly side of the parcel which will impact the parking area. The reduction in setback is minimal and does not adversely impact the adjacent lines of sight or traffic line of sight from the corner. Lot Area Ms McPherson stated the dwelling is located in a island between East River Road and Ashton Avenue. Due to the lack of adjacent structures, the dwelling appears to be on a parcel of adequate area. The reduction in lot area would not adversely increase the lot coverage. The lot coverage after the taking would be only 16.6�. The maximum lot coverage allowed is 25�. Ms. McPherson stated the reduction in lot area is within variances previously granted. In addition, the City has approved plats with lot sizes of similar size. Summarv Ms. McPherson stated there are four parcels which are affected by the East River Road improvement project. All four parcels need front yard setback variances, and one parcel also needs a lot area variance. At this time, staff is not making any recommendations regarding the variance requests by the County. However, Councilmember Nancy J. Jorgenson, in a neighborhood meeting with the property owners and the County, expressed concern over the extreme nature of the variances for 129 Hartman Circle and 6880 East River Road. Regardless of the Appeals Commission action, these variances should be reviewed by the City Council. Mr. Mike Kelly stated he is the Chief Right-of-Way Agent for the Anoka County Highway Department. He stated Anoka County is exploring the possibility of these variances. Early on in the program, he met with the City Planning staff about what would happen w�th some of the properties as they came up for acquisition for the highway project. These four properties were identified as ones that would have a problem. They decided a good way of approaching the solution would be to see if the City would grant variances to these properties. Mr. Kelly stated that when a road is built like this, the County wili acquire the property they need for the road. There are occasions when property owners are left with nonconforming situations, and the property owners are the ones who have to live with those situations. The County believed it appropriate to deal with these situations as early as possible. : APPEALS COMMISSION MEETING, NOVEMBER 23. 1993 PAGE 6 Mr. Kelly stated the County has appraised all the properties along the project route with the exception of these four properties. They are waiting on appraisals for these four properties until they see what happens with these variances, because that will have an affect on the values. The County will be acquiring property relatively soon. Mr. Kelly stated he would like to comment on the third of the three scenarios set forth in the staff report which stated: "The County acquires, at the request of the property owner, the entire property. The County could acquire property either in conforming or nonconforming status. If the County purchases the property as nonconforming, the County could, in turn, sell the property to a willing buyer." Mr. Kelly stated that the request of a property owner to purchase a property does not trigger the event. The County looks at purchasing the property in its entirety typically based on the amount of damage they do relative to its total value. If the appraisal comes back and the County determines in the appraisal that there could be a significant amount of damage that would exceed typically 25� of the value, then the County would consider, at the property owner's request, purchasing the whole property, Also, the value is not the only consideration. They look at the entire property and see how it affects the project. Ms. Beaulieu asked what it will mean to each property owner if the City grants the variances or doesn't grant the variances. Mr. Kelly stated the County does what is required by law and that is a before and after appraisal. In that process, they typically identify a series of damages, such as the value of the loss of the land, encroachment problems, value of trees on the property, etc. if the variance is granted, there is obviously no longer any damage to the property. A nonconforming situation doesn't keep �the property owner from using the property or selling the property, but it does present a potential problem for the property owner because if the property is destroyed greater than 50� of the value, something else would have to happen. The County tries to recognize those problems up front as much as possible. Mr. Kuechle stated how much closer will the property at 129 Hartman Circle be to the new road. Mr. Kelly stated he would guess that 129 Hartman Circle will be about 15 feet closer to the new road. Mr. Jerry McDonald, 129 Hartman Circle, stated staff had talked about the second garage providing a slight buffer between the dwelling unit and East River Road. He stated the second garage has a flat roof and is not as tall as the house, so it is not necessarily a very good buffer. : I APPEALS COMMISSION MEETING, NOVEMBER 23, 1993 PAGE 7 Mr. McDonald stated that even though they have applied for a variance, they do not feel that a variance is in order for as close as the road is going to come to their property. They feel like they have been left up in the air. They have been told a number of different things by Anoka County. It has been "hurry up and wait" for three years. It has not been a happy situation for them. Mr. Raymond Anderson, 125 Hartman Circle, stated he has lived in his house for 23 years. He stated he has several issues to raise. He stated that he is very disappointed with the way he has been treated by the County. At this time, he has no idea what Anoka County's intentions are and how it will affect his property. Mr. Anderson stated he to Mike Kelly in an at to tell Mr. Kelly he � appraiser that was se� he had a telephone basically told him he that Mr. Raymond was by the County. sent a certified letter on November 6, 1993, tempt to find out the County's intentions and �as very unhappy and that he did not like the it out. He stated that on November 16, 1993, conversation with Mr. Kelly. Mr. Kelly had more pressing projects for surveys, and not privileged to any evaluations completed Mr, Anderson stated the County also does not send out plans or specifications to property owners. Mr. Kelly assured him a survey crew would be out within 1-1/2 weeks to stake his property; and, at that time, County negotiators would be out with an offer along with an explanation of how his property would be affected. Mr. Kelly also said federal funds were approved on November 15, 1993, and he anticipated an April 1994 start date and a fall 94. completion date. Mr. Anderson stated that as of this date, he has seen neither a survey crew, a financial offer, or a written repZy to his letter. . Mr. Anderson stated his concerns with the variance requests are as follows: 1. How will the variances affect his property, both physically and monetarily? 2. How will the variances affect the resale value of his property? 3. The issue of noise pollution has to be addressed. The State of Minnesota has adopted a very energetic noise pollution law which has been adopted and enforced by the City of Fridley. Unless all traffic on East River Road is halted at 9:00 p.m., the City of Fridley is in violation of this law. Mr. Anderson stated he respectfully requests that the Appeals Commission take the following action prior to making any decisions on the requested variances: � � � APPEALS COMMISSION MEETING, NOVEMBER 23, 1993 PAGE 8 1. Complete an Environmental Impact Study with these two specific items addressed: (a) air quality; and (b) noise pollution. 2. A delay of any decision for a minimum of six months until all the property owners are properly iniormed of the County's intentions. Mr. Anderson stated he believes his rights as a property owner in the City of Fridley for 23 years are being violated. Ms. Anna Wichern, 6880 East River Road, stated she runs a licensed day care at this address. As mentioned by Mr. Anderson, the noise pollution along East River Road is very bad. As she gets closer to the road, it will not be very healthy for either the children in her day care or herself. Now, when trucks drive by on East River Road, the knickknacks on her walls rattle. As she gets closer, they will rattle even more and she is not happy about that. East River Road is very dangerous. She has had cars in her front yard, and some have just missed hitting her house. Is the new road going to take care of the curve so she won't have cars in her front yard? Is the new road going to slow traffic down or speed it�up? She stated she does not want to live in her home in its present location, and she would request that the Appeals Co�aaission recommend denial of this�variance. Ms. Beaulieu stated that if the City denies the variance, how will that affect Ms. Wichern? Ms. Wichern stated she wants her house to be as far back from East River Road as it is now, or farther if possible, depending on the setback. She has the footage to have her house moved back if she can come to some agreement with the County. She does not have any answers because she has� not been given any alternatives to her present situation. Ms. Joan Finney, 4645 - 5th Street N.E., stated she is representing Habitat for Humanity, the family partner for the Charlie Vang family. She stated Mike Kelly and Michele McPherson met with them separately as Mr. Vang works at night. She stated they are satisfied with what they were told at that meeting and understand exactly what the County is going to take. They are in favor of the variance. - There was no one in the audience representing 7095 Hickory Drive N.E. MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYB; CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC BEARING CLOSED AT 8:10 P.M. . APPEALS COMMI3SION MEETING, NOVEMBER 23, 1993 PAGE 9 Ms. Beaulieu stated she would recommend denial of the variances for 129 Hartman Circle and 6880 East River Road. It is a huge taking of these properties, and, practically speaking, it sounds like the damages the property owners are going to receive are going to be greater if the properties are nonconforming. She would recommend approval of the variances for 102 - 71st Way and 7095 Hickory Drive. The property owners for 102 - 71st Way are in favor of the variance. The property owners of 7095 Hickory Drive are not at the meeting so they must not be opposed to the variance request. Ms. Smith stated she agreed with Ms. Beaulieu. She could under- stand the County's position; yet if she was a property owner, she would not want that road any closer than it already is. She is very concerned that there is some danger involved by putting the road closer to 129 Hartman Circle and 6880 East River Road. The variance for 102 - 71st Way is correcting an existing non- conformance, as well as 7095 Hickory Drive. She would also recommend denial of 129 Hartman Circle and 6880 East River Road. Mr. Kuechle stated he could see more difficulty with 129 Hartman Circle, because it is not clear what the County is going to do. If they recommend denial and the property remains nonconforming, it puts any property owner on notice when he/she goes to sell or to buy; however, he would be inclined to recommend denial. He is definitely in favor of recommending denial of 6880 East River Road. MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend to City Council denial of variance request, VAR #93-32, by Anoka County, per Section 205.07.03.D.(4).(b) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 8 feet on Lot 8, Block 2, Sandhurst Addition, the same being 129 Hartman Circle; and per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 15.22 feet on Lot 9, Block 2, Sandhurst Addition, 'the same being 6880 East River Road, to correct nonconformities caused by the taking of additional right- of-way by Anoka County for highway improvement purposes: IIPON A VOICE VOTE, SAVAGE ABSTAINING� CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. _ MOTION by Ms. Smith, seconded by Ms. Beaulieu, to recommend to City Council approval of variance request, VAR #93-32, by Anoka County, per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 28.44 feet on Lot 16, Block 2, Riverwood Manor Addition, the same being 102 -71st Way N.B., to correct an existing encroachment; and per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the fron� yard setback from 35 feet to 31 feet; and, per Section 205.08.03.A of the Fridley Zoning Code, to reduce the lot area from 10,000 square feet to 8,363.52 square feet, on Lot 1, Block 1, Ostman's 3rd Addition, the same being 7095-99 Hickory Avenue N.E., to correct a nonconformity caused by the taking of additional right-of-way by Anoka County for highway improvement purposes. 8CC APPEALS COMMISSION MEETING, NOVEMBER 23, 1993 PAGE 10 IIPON A VOICE VOTE, SAVAGE ABSTAINING AND RIIECHLB VOTINQ NAY, CHAIRPERSON SAPAGE DECLARED THE MOTION CARRIED BY A VOTE OF 2-1. Ms. McPherson stated these variances will be heard at the December 13, 1993, City Council meeting. . 2. CONSIDERATION OF VARIANCE REOUEST, VAR #93-33, BY KIM J. MILLER' Per Section 205.15.03.C.(2) of the Fridley Zoning Co , to reduce the side yard setback from 15 feet to 3 feet allow the construction of an addition for the use of hears loading and unloading, on part of Lot 4, all of Lot 3 Block 1, Herwal's 2nd Addition, generally located at 621 Highway 65 N.E. MOTION by Mr. Kuechle, seconded by Ms. Smith, to w�ive the reading of the public hearing notice and open the public�fiearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON,�AVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN A'!'�8:15 P.M. Ms. McPherson stated this property is loca ed at the intersection of West Moore Lake Drive and Highway 65. Located on the property is a single story masonry building which 's used as a funeral home. The property is zoned C-3, General Shopp ng Center District. There is addition C-3 zoning to the north an east. There is R-1, Single Family Dwelling, zoning to the wes , and R-3, General Multiple Dwelling, zoning to the south. Ms. McPherson stated that in 198 , the petitioner applied for a variance to reduce the front ya setback from 80 feet to 35 feet to allow the construction of a addition onto the west side of the existing building. This'addi ion was never constructed. Ms. McPherson stated the c rent request is to reduce the'side yard setback from 15 feet to feet. The petitioner is proposing to enclose an existing c opy located on the north side of the building and to expa that same canopy to the west until it matches the westerly levation of the building. Ms. McPherson sta d the purpose for this expansion is to create a private area i which hearses can be loaded and unloaded as part of the use of e funeral home. Located directly north is the Skyline Veter�rfzary Clinic. There is approximately 45 feet separating thcttwo buildings. A parking area and a driving aisle separate thej`proposed addition from the clinic. Ms. McPhe on stated that Section 205.04.06.3 of the Zoning Code allows u enclosed decks, porches, canopies, and steps to building entran s to extend not more than three feet into any required side yard, provided they do not extend nearer than five feet to any lot line.• Based on this code section, a variance should have been granted to allow the construction of the existing canopy as it is : � � Variance # VAR #86-01 VAR #86-27 VAR #86-28 VAR #86-34 VAR #87-14 VAR #87-16 VAR #87-28 VAR #87-30 VAR #87-31 VAR #88-12 VAR #88-23 VAR #89-16 VAR #89-21 VAR #90-13 VAR #90-15 VAR #90-16 VAR #90-17 VAR #90-22 VAR #91-02 VAR #91-09 VAR #91-11 VAR #91-12 VAR #92-09 VAR #92-14 VAR #92-16 FRONT YARD VARIANCES GRANTED 1986 - 1993 Address 6715 Ashton Avenue 105 - 71 1/2 Way 5330 - 4th Street 537 Fairmont Street 5200 Lincoln Street 565 Cheri Lane 5660 Arthur Street 6133 Woody Lane 7231 East River Road 5201 Pierce Street 6405 Van Buren Street 7110 Riverwood Drive 590 Kimball Street 5720 Polk Street 590 Kimball Street 110 - 64 1/2 Way 6420 Alden Way 6850 Brookview Drive 600 Buffalo Street 5218 Matterhorn Drive 570 Ironton Street 405 - 57th Place 5096 Hughes Avenue 991 - 67th Avenue 6700 Anoka Street 8EE Variance Granted 35 ft. to 9 ft. 35 ft. to 25 ft. 35 ft. to 14 ft. 35 ft. to 26 ft. 35 ft. to 25 ft. 35 ft. to 16 ft. 35 ft. to 28 ft. 35 ft. to 25 ft. 35 ft. to 25 ft. 35 ft. to 15 ft. 35 ft. to 26 ft. 35 ft. to 30 ft. 35 ft. to 29 ft. 35 ft. to 18 ft. 35 ft. to 23 ft. 35 ft. to 34.31 ft. 35 ft. to 21 ft. 35 ft. to 31 ft. 35 ft. to 14.5 ft. 35 ft. to 29.5 ft. 35 ft. to 21 ft. 35 ft. to 14 ft. 35 ft. to 29.5 ft. 35 ft. to 17.5 ft. 35 ft. to 21 ft. r Front Yard Variances Granted 1986 - 1993 Paqe 2 Variance # VAR #93-08 VAR #93-13 VAR #93-18 VAR #93-22 VAR #93-24 VAR #93-31 Address 180 Liberty Street 6810 - 7th Street 5831 W. Moore Lake Dr. 275 Ironton Street 71 - 63 1/2 Way 7536 Tempo Terrace 8FF Variance Granted 35 ft. to 34 ft. 35 ft. to 32.7 ft. 35 ft. to 31.3 ft. 35 ft. to 8.2 ft. 35 ft. to 22 ft. 35 ft. to 30 ft. r �► � � DATE: Community Development Department PI.ANNING DIVISION City of Fridley December 9, 1993 TO: William Burns, City Manager��i` FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Variance Request, VAR #93-33, by Kim Miller of Miller Funeral Homes; 6210 Highway b5 N.E. The Appeals Commission reviewed the variance request at its November 23, 1993 meeting. The Commission voted unanimously to recommend approval of the request to the City Council with two stipulations: l. � The proposed addition shall comply with fire and building codes. The proposed.addition.shall be architecturally compatible and constructed of similar materials as the rest of.the building. � � Staff recommends that the City Council concur with the Appeals Commission action. MM/dn M-93-714 � STAFF REPORT � Community Development Department Appeals Commission Date N�� 23, 1993 . Planning Commission Date • City Council Date ��r 13, 1993 REQUEST Permit Number Appiicant Proposed . Request Location SITE DATA Size I Density Present Zoning Present Land Use(s) Adjacent Zoning Adjacent land Use(s) Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental �! Considerations RECONIlVIENDATION Staff Appeals Commission Planning Commission Author �:yS VAR �3-33 Kim Miller 'Ib redu�e the sid,e yard setback fror.i 15 feet to 3 feet 6210 Highway 65 N.E. 83,400 square feet; 1.92 acres C-3, General Shapping Center I�lortt�y 1�-1, Single Family,. to W; C-3, Gerberal Shapping Cent�er, to N& E; �3, General N�ultiple Dwelling, to the S Residentia2 to W; C�im�rcial to N& E; InstitutionaZ to S Rice C�eek Watershed Approval '� n 33 � VAR ��93-33 Kim Miller S ��2 S�"�. � C/TY OF. � ;'� �E E i��s V � � 34 (� \ 811 LOCATION MAP Staff Report VAR #93-33, 6210 Highway 65 N.E., Kim Miller (Miller Funeral Home) Page 1 A. STATED HARDSHIP: "Need enclosed morgue unloading area." B. ADMINISTRATIVE STAFF REVIEW: Request The petitioner requests that a variance be granted to reduce the side yard setback from 15 feet to 3 feet. This request is for Lot 3 and part of Lot 4, Block 1, Herwal's 2nd Addition, generally located at 6210 Highway 65 N.E. Site Located on the property is a single story masonry building which is used for mortuary purposes. The property is zoned C-3, General Shopping Center District, as are the properties to the north and east. There is R-1, Single Family Dwelling zoning, to the west, and R-3, General Multiple Dwelling zoning, to the south. Background In 1987, the petitioner applied for a variance to reduce the front yard setback from 80 feet to 35 feet. This was to allow construction of an addition onto the west side of the existing building. This variance was approved by the City Council. The addition, however, was not constructed. Analysis Section 205.15.03.C.(2) requires a minimum side yard setback of 15 feet. Public purpose served by this requirement is to provide for adequate open areas (green divider areas) around coinmercial structures, maintain clear access for fire fighting, and reduce the possibility of fire. Located along the north side of the building is a 20 foot by 26 foot canopy. The canopy is located three feet from the side lot line. The petitioner proposes to expand the canopy an additional 60 feet to the west to match the westerly elevation of the building. In addition to expanding the canopy, the petitioner proposes to enclose both the existing and proposed canopy addition. The purpose of this expansion and enclosure is to create a space which will be used to unload and load hearses as part of the mortuary activities. 8KK Staff Report VAR #93-33, 6210 Highway 65 N.E., Kim Miller (Miller Funeral Home) Page 2 Located directly north of the subject parcel is Skyline Veterinary Clinic. There is approximately 45 feet between structures. Separating the proposed addition from the Clinic is parking and a driving aisle. Section 205.04.06.3 of the Zoning Code allows unenclosed decks, porches, canopies, and steps to building entrances to extend not more than three feet into any requ�red side yard, provided they do not extend nearer than five feet to any lot line. Based on this code section, a variance should have been granted to allow construction of the existing canopy. However, there is no record of a previous variance request. The location of the canopy does not adversely impact vision safety zones or sight lines from the adjacent property. The proposed expansion will occur to the rear of the existing canopy; therefore, it should also not adversely impact the adjacent property. If the variance is approved, it should be required that the north wall of the addition comply with building and fire codes. I� addition, the proposed expansion should be of similar materials as the remaining building. The variance as requested is within the range of variances previously granted. The City has granted reductions in the side yard setback in commercial and industrial districts to zero and four feet. Recommendation If the Commission chooses to recommend approval of the variance request to the City Council, staff recommends the following stipulations: 1. The proposed addition shall comply with fire and building codes. 2. The addition shall be architecturally compatible and constructed of similar materials as the rest of the building. Appeals Commission Action The Appeals Commission voted unanimously to recommend approval of the request with the stipulations recommended by staff. City Council Recommendation Staff recommends that the City Council concur with the Appeals Commission action. 8LL VAK �fy:i-33 Kim Miller —� ----_. --. a Z �0 '�_ ' —_ —�--�_ _— _ w �� /� � ~ _ Y _\ . —=-� ,.1— .� _' ac •�..__ � n 8MM � r� S1TE PLAN CTI'Y OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 -� ' (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FORM �'ROPERTY INFORMATION - site plan required for submittal; see attached Address: �,�� a,��. }��,,.,� C�'11c� jiwv CoS N� Property Identification Number (PIN) ��l descripti� Lot Current zoning: _ TracdAddition Square footagelacreage Reason for vaxiance and hazdship: �?..�.� �Nt.�a� r�o Rs�6 vti�.�.�� p�� • Section of City Code: Have you operated a business in a city which required a business license? Yes _� No If yes, v�rhich city? �t , h� .�� .�-�.�_ 1� i s�.. If yes, what type of business? _ »-,a��.,e.-. � L� � Was that license ever denied or revoked? Yes No �_ �EE OWNER INFORMATION (as it appears on the property title) (Contract Parchasers: Fee Owners must sign this form prior to processing) �: ' � � � i .� '� • � ._ ,fI � . � . .: . 1 • ' • :I �j _ � � - �'C� I�• �'.�i�,_ 1 ' � � � �ETITIONER INFORMATION NAME �Ylrn � . � � � ADDRESS_�Q�1 h.�. �(��,� (&V� DAYTIME PHONE �-��_ SIGNATURE � DATE I,�Ot) 5.93 -� Fee: $100.00 .%�' v $ 6p.pp Permit VAR # �%� �� Application received by: Scheduled Appeals Commission date: Scheduled City Council date: Receipt # 0 : for residential properties �� UPON A VOICE VOTE, SAVAGE AB3T ING AND RIIECHLE VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE OTION CARRIED BY A VOTE OF 2-1. Ms. McPherson stated these ariances will be heard at the December 13, 1993, City Council eting. . 2. CONSIDERATION OF VARIANCE RE4UEST. VAR #93-33, BY KIM J. MILLER� Per Section 205.15.03.C.(2) of the Fridley Zoning Code, to reduce the side yard setback from 15 feet to 3 feet to allow the construction of an addition for the use of hearse loading and unloading, on part of Lot 4, all of Lot 3, Block 1, Herwal's 2nd Addition, generally located at 6210 Highway 65 N.E. MOTION by Mr. Kuechle, seconded by Ms. Smith, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTL, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND TSE PIIBLIC HEARING OPEN AT 8:15 P.M. Ms. McPherson stated this property is located at the intersection of:West Moore Lake Drive and Highway 65. 7�ocatad on the property is a single story masonry building which is used as a funeral home. The property is zoned C-3, General Shopping Center District. There is addition C-3 zoning to the north and east. There is R-1, Single Family Dwelling, zoning to the west, and R-3, General Multiple Dwelling, zoning to the south. Ms. McPherson stated that in 1987, the petitioner applied for a variance to reduce the front yard setback from 80 feet to 35 feet to allow the construction of an addition onto the west side of the existing building. This•addition was never constructed. Ms . McPherson stated the current request is to reduce the 'side yard setback from 15 feet to 3 feet. The petitioner is proposing to enclose an existing canopy located on the north side of the building and to expand that same canopy to the west until it matches the westerly elevation of the building. Ms. McPherson stated the purpose for this expansion is to create a private area in which hearses can be loaded and unloaded as part of the use of the funeral home. Located directly north is the Skyline Veterinary Clinic. There is approximately 45 feet separating the two buildings. A parking area and a driving aisle separate the proposed addition from the clinic. Ms. McPherson stated that Section 205.04.06.3 of the Zoning Code allows unenclosed decks, porches, canopies, and steps to building entrances to extend not more than three feet into any� required side yard, provided they do not extend nearer than five feet to any lot line. Based on this code section, a variance should have been granted to allow the construction of the existing canopy as it is : • • APPEALS COMMI88ION MEETING, NOVEMBER 23, 1993 PAGB 11 located three feet from the lot line. However, there is no record in the file regarding any previous variance request. Ms. McPherson stated the location of the canopy does not adversely impact vision safety zones or sight lines. It is behind elevation of the building. The driveway is used by the funeraZ home staff and is not used by visitors to the funeral home. Ms. McPherson stated that if the Appeals Commission votes to recommend approval of the variance, staff recommends two stipulations: l. The proposed addition shall comply with fire and building codes. 2. The addition shall be architecturally compatible and constructed of similar materials as the rest of the building. Ms. McPherson stated this variance request is within the range of variances which have been previously granted. Variances have been granted to reduce the side yard setback to 0 and 4 feet. Mr. Kim Miller, Miller Funeral Home, stated the main reason for enclosing the canopy is because of the way it looks to visitors going to and from the Skyline Veterinary Clinic. Visitors to the clinic can see the loading and unloading of the hearse, and they do not think that makes a very good appearance. He stated he would like to put doors on each end of the canopy. The proposed addition will exactly match the materials on the existing building. ^ MOTION by Ms. Beaulieu, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SADAGE DECI,ARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 8:25 P.M. Mr. Kuechle stated this variance is similar to what has previously been approved. A hardship exists, not so much for the Miller Funeral Home, but for the Skyline Veterinary Clinic. He stated he would recommend approval of the variance. Ms. Beaulieu agreed. She stated the staff report states that the canopy will not adversely impact vision safety zones or sight lines, and that this variance is within the range of variances previously granted. Ms. Smith agreed. The only problem might be if the veterinary clinic would want to expand. Since that does not seem likely, she would be in favor of recommending approval. Ms. Savage agreed with the Commission members. ... APPEALS COMMISSION MEETING, NOVEMBER 23. 1993 PAGE 12 MOTION by Mr. Kuechle, seconded by Ms. Smith, to recommend to City Council approval of variance request, VAR #93-33, by Kim Miller, per Section 205.15.03.C.(2) of the Fridley Zoning Code, to reduce the side yard setback from 15 feet to 3 feet to allow the construction of an addition for the use of hearse loading and unloading, on part of Lot-4, all of Lot 3, Block 1, Herwal's 2nd Addition, generally located at 6210 Highway 65 N.E., with the following two stipulations: 1. The proposed addition shall comply with fire and building codes. 2. The addition shall be architecturally compatible and constructed of similar materials as the rest of the building. IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPER30N SAVAGE DECLARED THE MOTION CARRIED IINANIMOII3LY. - Ms. McPherson stated this variance request will go to City Council on December 13, 1993. ADJOURNMENT• MOTION by Mr. Kuechle, seconded by Ms. Beaulieu, to adjourn the meeting. Upon a voice vote, all vot' aye, Chairperson Savage declared the motion carried and November 23, 1993, Appeals Commission meeting adjourned a :30 p.m. Respectfully Lynxi�/ Saba Recording Se etary : � !� i _ I � Community Development Department PLANNING DIVISION City of Fridley DATE: December 9, 1993 TO: William Burns, City Manager,fi�� FROM: SUBJECT: Background Barbara Dacy, Community Development Director Steven Barg, Planning Assistant Consideration of Possible Public Nuisance Abatement at 7419 McKinley Street N.E. On May 24, 1993, staff received a complaint regarding code violations at the above-referenced location. Subsequently, staff sent several letters (copies attached) and met with the property owners in an attempt to resolve the issues. Since these efforts did not result in correction of the problems, staff issued three citations to the property owners for violations of the Fridley City Code pertaining to junk vehicles, outside storage of materials, and unlawful storage:of solid waste. The property owners failed to make their initial court appearance and the City Attorney is processing a formal complaint in this matter. Upon r.eceiving information from neighbors and concern from Councilmember Jorgenson that the problem has worsened, staff reinspected this si�e and sent a letter on November 30, 1993 (copy attached) regarding possible consideration of public nuisance abatement at this location. On December 1, 1993, staff received a petition from the neighborhood (copy attached) expressing their concerns over the maintenance of this property. Staff has notified Fridley residents living within 350 feet of the subject property and sent a letter to the City of Moundsview requesting that they advise adjacent properties in their community of the concern and the upcoming meeting. Public Nuisance Issues Fridley City Code Chapter 110 defines conditions deemed to create a public nuisance and subject to City abatement action. T�ro of these conditions are as follows: Public Nuisance Abatement at 7419 McKinley Street N.E. December 9, 1993 Page 2 "1. Maintains or permits the condition which unreasonably annoys, injures, or endangers the safety, health, comfort, or repose of any considerable number of inembers of the pubZic." "5. Accumulates in the open discarded or dis-used machinery, household appliances and furnishings, or other materials; or stores in the open machinery, equipment, cars, or materials not in normal use on the premises where stored..." Based on these definitions, staff believes that the conditions observed at the subject property on November 30, 1993 constitute a public nuisance. For this reason, staff has prepared this item for City Council consideration of abatement action. Current Status On December 7, 1993, staff conducted a reinspection of this property. At that time, items #2 and #4 from the November 30, 1993 letter (removal of the large dumpster and assorted materials adjacent to it) had been completed. However, the other two violations remain as shown below. 1. Staff observed two vehicles (license 331 BAF and a blue Oldsmobile without license plats) located in the driveway which are not currently licensed. The vehicle without license plates appears to be inoperable and the operability of the truck is not known. 2. Staff observed a utility trailer containing numerous materials located off the hardsurface parking area along the north side of the front yard. Information received from neighbors suggest that some of the material in the utility trailer may be solid waste and that this material was producing an odor during the summer months. Staff has contacted all the City's licensed refuse haulers and determined that there is no garbage pick-up at this residence. The property owners were using Becker's Sanitation; however, Becker's discontinued this account in August due to nonpayment. Based on this information, staff sent the property owners a letter on December l, 1993 (copy attached) requiring that they make arrangements for regular solid waste service from a licensed hauler immediately. . � Public Nuisance at 7419 McKinley December 9, 1993 Page 3 Recommendation Abatement Street N.E. 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JJ � , / : (!a) � � �� • D ��)6 �L% \ 3 Q � a`�` g ` a It�� V a (fAoi � r �� (a> � 4 Z r: '�X) "°' <f�� , l � � � `�� 8 - -� �� i g � � � ,. _' ' BrS� 73 11 �� VE. x � '-'��'� "'� a : _� � � 6 �. ��.s - _ . - � � n..� ,..fr �' ti �� (4n) n /„ /� � �� f F (!.t) , �•.r) % � O \ �t� A � t� ( � , ( � 2 / � ,, /,�va J (reeo> � � ' (r.�w� a , . � � A �S < <�� . , ti >> rJ �n� W 2 ( � � �n � - 5 a 27 29 � ��,�, ., rs�� `�� <«� 1 ~ �� , - . �� ,,� 3`�, ,.,, ~ 3 rU� � ( S� I 0 I I�"� t 7i' � •e ; � 6 s (> ; . 2� T � ' . /rQO� 9 � . . _ ..<� rvo �o g 1 .■ .. ` _ _ CIlYOF FRl DLEY FR(DLEY MUN[CIPAL CENTER • 6431 UN[VERSITY AVE. N.E_ FRIDLEY, MN 55432 •(612) 571-3450 • FA� (612) 571-1287 May 28, 1993 Wallace Roeker 7419 McKinley Street N.E. Fridley, MN 55432 RE: First Notice of Noncompliance at 7419 McKinley Street N.E. Dear Mr. Roeker: The City of Fridley has established a City Code for the purpose of promoting a pleasant and attractive suburban environment. A recent inspection of the property at 7419 McKinley Street N.E. revealed that not all Code requirements are presently being met. Listed below are items which do not comply with the City Code: - l. Fridley City Code requires that all vehicles must be currently licensed and street operable if they are stored outside. I observed a vehicle (760GPW) located in the driveway which does not fully meet these requirements. 2. Discontinue outside storage of boat, trailer, and assorted materials located adjacent to the driveway. (Fridley Zoning Code does permit storage of boats/trailers in the side or rear yard . ) � 3. Fridley City Code requires that all solid waste must be kept in secured containers stored in the side yard, rear yard, or in an enclosed structure. Your prompt attention in correcting this situation would greatly assist us in helping make Fridley a better place to live. An inspection will be conducted on or shortly after June 4, 1993, to determine compliance with item #3, and June 14, 1993, to determine compliance with items #1-2. If you have questions or would like to discuss this, please contact me at 572-3595. Thank you for your cooperation! Sincerely, Steven Barg Code Enforcement Officer SB: sb G'E- R3-Z�-! . � � � C�� F FRtDLEY FRIDLEY MUN[CIPA� CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55�32 •(612) 571-3450 • FAX (612) 571-1287 July 6, 1993 Lane Roekrer 7419 McKinley Street N.E. �idley, Mr1 55432 RE: Property at 7419 N1�cK.inley Stre�t N.E. Dear' Mr. Roeker: This letter is to oonfina the inforniatioa� whic� we discvs�sed when I met you at your residence on July 1, 1993. At that time, we discus.sed maintenanoe issues on the extexior of yvur propeity, prim-�ri? y those along the north side of your lat. I stated that you must have the follawirig issues re�olved by July 15, 1993: 1. All solid waste naast be stored in secvred vontainers kept in the side yard, rear yani, or an enclosed buildirig. 2.. All materials located in the utility trailer mu�t be rei�ved ar�d this trailer must be moved to the side or rear yan3 if it is to be kept on the site. 3. All rec.yclable materials must be stored in the side yard, r�ear ya�l, or an enclo�ed building, exaept on the collection date. � 4. No outside storage of materials or equipnent st�all be maintained along the north side of the property. In addition, you have a vehicle (760-GPWj locatsd in the driveway.which is not curre.ntly lic�sed and street �le. It is my understariding frcen o�ur corYVersation that you are currently wr�rkirx� on o�ta; r; r,c� clear title to the vehicle so th,at you may sell it. Unless special cirr�mtstanoes ari.se, it is expec.� that this vehicle will fully meet the City's r�equire�nents of lice�airig ar�d operability or be remo�red from the prop�x�ty by August 1, 1993. I will be reinspecting your prop�xty on or shortly after July 15, 1993, to detenni.ne compliaix�e with the items which I have instxuct:ed you to �lete by that date. Should these problems still exist at that time, I will issue citations for violations of the FYidley City Code and you will need to appear in caurt. Feel free to call me at 572-3595 if you have questions or wish to discuss this £z�ther. Thanks for your cooperation. Sincerely, Steven Ban� Code �forcement Officer 9E CE-93-326 � _ C�� F FRIDLE.Y FR[DLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE_ N.E. FRIDLEY, MN 55432 -(612) 571-345� • FAX (612) 571-1287 July 16, 1993 Wade and Lane Roeker 7419 McKinley Street N.E. Fridley, MN 55432 RE: Property at 7419 McKinley Street N.E: Dear Property Owners:� On July 1, 1993, I met you at your property to discuss improve- ments necessary to meet code requirements. The specific items which needed to be resolved are as follows: 1. All solid waste must be stored in secured containers kept in the side yard, rear yard, or in an enclosed building. 2. All materials located in the utility trailer must be removed, and this trailer must be moved to the side or. rear yard if it is kept on the site. 3. All recyclable materials must be stored in the side yard, rear yard, or an enclosed building except on the collection date. 4. No outside storage of materials or equipment shail be maintained along the north side of the property. A reinspection conducted on July 15, 1993, revealed that progress has been made, but these items have not been fully completed. Specifically, the materials remain in the utility trailer, and this trailer and solid waste/recycling containers remain in the front yard. (The front yard is defined as that portion of your property extending from the front plane of the house out toward McKinley Street.) It is important that these items be taken care of as soon as possible. In addition, I have spoken with Mary Park Ford of First Bank Trust with respect to the status of the estate. Ms. Ford informed me that you may take action, if desired, to sell or otherwise dispose of the inoperable truck with expired license plates located in the driveway area. Therefore, it is expected that this vehicle will be removed from the property or improved to street operable/ currently licensed status during the next 30 days. � _ _ C�� QF FRtDLEI� FR[DLEY MUN[CIPAL CENTER • 6431 UN(VERS(TY AVE. N_E. FRIDLEY, MN 55432 •(6l2) 57 (-3450 • FAX (612) 571-1287 Nwember 30, 1993 Wade arxl I� Roeker 7419 MciCinley Street N.E. FYidley, MN 55432 RE: Property at 7419 NIr�Cinley Street N. E. Dear P�opexty Owners: Fridley City Code 110 (c�opy enclosedj defines public nuisanoes and sets forth a prooedure for abate�nent of the nuisanoe corxlitioris. A�zt inspecki� of the abave refere.�x�ed prapertiy reveal,ed the gouar,uinq �e violations: 1. Fridley City C�ode 123 requires that all vehicles m�ust be currently licensed ar�d street �xable. I observed two vehicles (331-BAF ar�d a blue Oldsmc�bile without license plates) which do not fully meet these reguire�t,s. 2• �iscoritinue outside storage of a lan�e d�npster piled with debri.s located in the driv�way. 3. Discontinue outside storage of a utility t�ailer with as��ort,ed materials in it located north of the drive�ray. (The �idley Zonir�g Code does �rm; t storage of this trailer withaut materi.als k�t in it in the side or rear ya�i.) 4. Discontinue outside storag� of as.sorted materials loc�ted in ar�d adj acent to the driveway and front ya� arn�s . I wi11 be reinspectinq this Property on Deoember 13 , 1993 , to det�exmi.ne c.��li.anoe• Shauld one or more of txies� violations remain at that time, the Fridley City Oonanci.l will oonsider this pz�perty for possible public rnusanae abatement action at its D�eoe�nbex 13, 1993, meeting. Zhis meeting will be held at 7:30 p.m. at the FYidley Municipal Qenter (6431 University Averiue N.E.), and you are weloarne to attend. Feel free to call me at 572-3595 if yau have questions or wi.sh to disca�..ss this furt�ier. Thanks for yo�- 000pexation. SirxSe,rely, steven Earg Code Er►for�_nt Officer SB:ls 9G C�-93-583 � ' �...::� � . � �.� � � _ _� We, the undersigned, wish to express our extreme dissatisfaction with maintenance of the property at 7419 McRinley Street N.B. We believe that the conditions present outside of this residence are clearly unacceptable and greatly detract from the appearance of our neighborhood. In addition, we are very concerned with the possible health implications of this situation and believe that it threatens our safety and welfare. We request that the City take immediate action to abate these nuisance conditions! NAME �� % :;� �._�;, , -Eii2.2 ..t�, cx—C�i�- . {,� F� C,� , �,,, ��,�.� � � �� ADDRESS 7 �� . ,S� ��. , �,� � � ��3� -? �%'�' '?� r �' j � � ;�L�y. �y�°.- � �� Z �� K�.,� h � �7 4� � �'YY1ck�.�� .� 1 � l� si- �� -��-�' 9H 5��3� � �y 3� �T�� .�.��-� z _ _ C�� F FRI DLEY FRIDLEY MUNICIPAL CENTER •(�31 UNIVERSlTY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (6l2) 571-1287 December l, 1993 Wade and Lane Roeker 7419 McKinley Street N.E. Fridley, MN 55432 RE: Property at 7419 McKinley Street N.E. Dear Property Owners: Fridley City Code 113 (copy enclosed) requires that all residents have weekly solid waste collection by a licensed refuse hauler. Recently, it has come to my attention that you do not have such service. Please make arrangements immediately to obtain weekly- solid.waste collection service. (I have enclosed a copy of the City�s licensed refuse haulers for your review,) Feel free to call me at 572-3595 if you have questions or wish to discuss this further. Thanks for your cooperation. Sincerely, Steven Barg - Code Enforcement Officer SB:ls CE-93-588 91 r � � � Community Development Department PLANNING DIVISION City of Fridley DATE: December 9, 1993 �, TO: William Burns, City Manager ,�� FROM: SUBJECT: Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator Resolution Designating Target Neighborhoods for Community Rehabilitation Fund Program Proposed for City Council consideration is a resolution designating target neighborhoods to receive funding under the Minnesota Housing Finance Agency's Community Rehabilitation Fund Program. As you recall, details concerning this program were reviewed at the November 22, 1993, City Council Conference meeting. Staff has submitted an application to the MHFA for $350,000 to be used to make low interest rental rehabilitation loans. If selected for funding, the program would be available some time in the spring to the owners of rental property located within the target neighborhoods. Because funds are limited and the awards will be made on a competitive basis, MHFA has requested cities to identify specific geographic areas where the program will operate. Staff reviewed several areas with the City Council at the meeting and the consensus was to identify two neighborhoods. A copy of the resolution and a map showing the neighborhoods ar-e attached. Recommendation Staff recommends that the City Council adopt the resolution designating the target neighborhoods for the MHFA Community Rehabilitation Fund program.. GF/dn M-93-717 RESOLUTION NO. - 1993 A RESOLUTION DESIGNATING TARGET NEIGHBORHOODS TO RECEIVE FUNDING UNDER MINNESOTA HOUSING FINANCE AGENCY'S COMMUNITY REHABILITATION FUND PROGRAM WHEREAS, the City Council of the City of Fridley recognizes the importance of preserving the City's rental housing stock, and WHEREAS, the City Council has determined there are neighborhoods within the City in need of rental housing rehabilitation, and WHEREAS, an application for funding has been submitted to the Minnesota Housing Finance Agency for the Community Rehabilitation Fund Program (the "Program"), and WHEREAS, the City Council must designate specific geographic areas to receive any Program funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the target neighborhoods are defined as those areas identified in Exhibit A as Target Neighborhood 1 and Target Neighborhood 2. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF DECEMBER, 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 1 ' WILLIAM J. NEE - MAYOR � = ��IN�r M [�] � � ►�� I�\ : r � � i Community Development Department PL�ANNING DIVISION City of Fridley DATE: � December 9, 1993 /"�, TO: William Burns, City Manager � �(� J' � FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Resolution Approving Final Plat, P.S. #93-04, Northco Business Park 4th Addition, by Fridley Business Center Partnership; 500 - 73rd Avenue N.E. The Planning Commission reviewed the plat request at its October 27, 1993 meeting. The Commission voted to recommend approval of the request to the City Council with the following stipulation: 1. An additional utility easement shall be dedicated on the plat as indicated on the attached drawing. The petitioner has submitted the final plat with the required easement dedicated on the drawing. � � Councilmember Billings directed staff to review the development agreement and the original stipulations for Northco Business Park ist Addition, P.S. #88-02, to determine if there were outstanding stipulations. In reviewing these documents, staff determined that there are no outstanding stipulations which should be conditions of approval for the present request. Recommendation Staff recommends that the City Council approve the attached resolution approving the plat request, P.S. #93-04, Northco Business Park 4th Addition. MM/dn M-93-713 � RESOLUTION NO. - 1993 A RESOLUTION APPROVING PLAT, P.S. #93-04, NORTHCO BUSINESS PARK 4TH ADDITION WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #93-04, on October 27, 1993, and recommended approval; and WHEREAS, the City Council also conducted a public hearing on the proposed Plat at their November 15, 1993 Council meeting and approved the Plat at their meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #93-04, Northco Business Park 4th Addition, and authorizes the Mayor and City Manager to sign the Plat as prepared by Sunde Land Surveying Inc. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 11A` WILLIAM J. NEE - MAYOR RC�HEFi!' �l. QL?"L[ c�R*1d.RU �_ �'fi:FEEN RICFLAI'.D l� 1�tERRfLL DARREiL A. JE?�SEN 7EFFTtEY 5. )OHNSON KVS5LLG Fl. CRG\L'•DER JO:� P, �RtCK�U:: ! �.\'tlftENCE k. ]C>FLNaUN DAV R� A. G'nSS! THO1�tAa P. MALONE �i1CHAEL F. HUf.LEY vLR�,A C. HERitTCK HEE�MAN L. TAI. LE �� , ` � �l Barna, Guzy' & Sreffen, L,td. ATTORN�.YS ,�,"I' Y.AW 400 Northtown Financ�al I'laza 200 Caan Rapids Boulevard Minr►eapolis, MN 55433 (612)180-8540 FA�C (612) 780-1777 Wr�ter•s nxxac� Line: {612) 783-5123 NovelttbeX 30, 1993 Miche3.7.e McPher.�on P].anning Assist��nt City of Fridley Fridley Governm�:nt Center 6431 Unzversity Avenue N.E. k'xidley, MN 55r 32 VIA �"2�iCSIMII�E Re: Voting R�quirement for Resol.ution Approving a P1at Dear M�.cY��Ile: PA.u(£(.A Vt. Hr1ARLS CHARCES M. SEYKOR.a WU-LUMM. HANSE.V DA.`� IEL I7� GA?17ER, )R. BEVERLY K. DODGE GREGG V. I-lERRICK 7�41E5 i� HdEFT ]OAN M. QI;nDE SCOTT M. LEPAK S'i'E VEN L. MACKEY DAVm M. WElGEL ELIZABETH A. SCFlAbAIG Roe�ze c xn,rFs 1935-1493 I have reviewed both the Char�er and th� ordinartCes with regard to the vo�ing r�:quiremertts for approval of a p3.at. As z am sure �ra�,t are aware, �evtion 3.0�, the city's ordinance, provides "a majc�rity vote o� all of the membe�s af the council shal� b� require:d gor the passage of a�.l oxd3.nances, motions, and r�solutions �XCE:pt as otherwise provided in thi.s Charter." I reva.ev,ted the Cha.rter and did not f ind any variation from the majority vote re:quirement for plat approval. I have a].so revi�wed the su��d.ivisian rEquirements of Chapter 21� and i faund nv madification to the majdrity vote requiremen�. Based �pon my re:view of the Cbarter, code and statutes, it appears th�t pla.t approval wi7.1 need three vptes. Zf you hav� any questions, please feel fre� to contact me. Sin e , r 1' ��'.gg . ii� rzck vsl .An Equa! 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'. � �` �. _.`- ''�� ` �, � �''L'� Y',-'`�iJ��l�� V ��'�',,i�'�'�," i _ \ \\ `' � : �-7 '` � ,4. ,a, 1 1 ' 8L'£Sf 3, I W in � N i� i , '-� : : ��.- a i s a - �!) i i �� _� '� rc Y h �' � i �� :� �� W . � t� � =� J�S a'i ' za � � �� o �W o� � � �` N N p Z W�00 . o �� '. � n `� O � N � � � : � i � _o; ,�� g Y I I ony� Y5� �� W � �6;;z �_ o- Jii . �� Y I ii< g ^g^ �-' � � - - P -._._ � � I i �� ' � :� ■ � � � � CI�TYOF FRIDLEY } � �. u� � �� ,� r� � � CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (6l2) 571-3450 CITY COUNCIL ACTION TAKEN NOTICE FridlQy Business Center Partnership Dale Edstrom and Bruce Carlson Suite 110 1201 Marquette Avenue Minneapolis, MN 55403 Dear Mr. Edstrom and Mr. Carlson: February 21, 2989 On February 13, 1989, the Fridley City Council officially approved your request for a Plat,'�P.S. #88-02, Northco Business Park, being a replat of Tracts A and B, Registered Land Survey No. 6, and Tract B, Registered Land Survey No. 78, generally located at 500 - 73rd Avenue N.E., with the following stipulations: �� A development agreement be executed between the petitioner and the City Council which includes, but is not limited to: A. Design'criteria B. Landscape maintenance C. Tree preservation � D. Street and utility improvements 2. A storm drainage plan which either encompasses a comprehensive drainage plan or individual drainage plans for each lot shall be submitted prior to the issuance of a building permit. �11: �r 5. UI'' � The developer shall petition the City to construct and imp�eve the necessary roadways and utilities in order to provide the adequate infrastructure to support the development. Access from 73rd Avenue shall be limited to one driveway. Access from 71st Avenue shall be limited to four:driveways. The necessary joint driveway/parking easements shall be executed for Lots 5, 6 and 7 and Lots 7 and 8, Block 2. 11D �. Northco Business Park � February 21, 1989 Page 2 The City Council also approved the Development Agreement and the Declaration of Covenants, Conditions and Easements. I am currently arranging for the signature of the Agreement and plat mylars. I checked the easement descriptions in the Declaration of Covenants and all of them appear to be correct. Enclosed please find the copy of Exhibit F which is the petition for improvements. This must be signed by a representative of the partnership and returned to me for our improvement files. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy Planning Coordinator BD/dn � Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by March 7, 1989. : Concur with action taken. 11E . � � E}�iIBIT F The Partnership hereby petitions the City for the Improvements as defined in the foregoing Agreement, and requests that the e�tire cost thereof be specially assessed against the Platted Property in accordance with Exhibit E of the attached Agreement, and hereby expressly waives objection to any irregularity with regard to the said Improvement Assessment and any claim that the amounts levied thereon against the Partnership's Property as excessive together with waiving any and alI rights to appeal in the courts as provided under Minnesota Statute §429.081. 2446r FRIDLEY BUSINESS CENTER PARTNERSHIP By a partner 11F . ' r � � � Community Development Department PI.ANrTING DIVISION City of Fridley DATE: December 8, 1993 � To: William Burns, City Manager � � FROM: SIIBJECT: Barbara Dacy, Community Development Director Lisa Campbell, Planning Associate Consideration of Amendment No. 1 to 1993 Anoka County Joint Powers Agreement for Residential Recycling Program In May 1993, the Council approved the 1993 Anoka County Joint Powers Agreement for Residential Recycling Program. Under the Agreement, $39,169 was allocated. Amendment No. 1, which is attached for your consideration, is needed to distribute additional S.C.O.R.E. revenue received by the County. Under the Amendment, the City of Fridley would be eligible for up to $78,392 in reimbursement for eligible expenses. The funding formula is given below: $6.24 x # of hsehlds (10,950) + base amt. ($10,064) _ $78,392 In order to receive the additional revenue, Amendment No. 1 must be approved by Council. .Staff recommends that the Council approve the Amendment and authorize the City Manager and Mayor to execute the document. If you have any additional questions, please feel free to contact Lisa at extension 594. LC:ls M-93-710 ' 12 Anoka County Contract # 900239-3A AMENDMENT NO. 1 'I'O RESIDENTIAL RECYCLIIVG AGREEMENTS THIS AMENDMENT NO. 1 is made this 8th day of June, 1993 (the date of the signalures of the parties notwithstanding), between the COUNTY OF ANOKA. State of Minnesota, hereinafter referred to as the "COUNTY", and the CTTY OF FRIDLEY, hereinafter referred to as the "MUNICIPALITY". WITNESSETH: WHEREAS, the parties entered into an Agreement for Residential Recycling Program on December 8, 1992, for the purpose of providing SCO�ZE funds received for the calendar year 1993 to cities and townships in the Counry for solid �vaste abatement programs (hereinafter referred to as the."Agreement"); and i'��i�REt.S, i�'�� Ct�::.-uy has recei�=e:i $309, i?b.i,� ir► saici SCURE funds irom �►e State ot i�innesota. for the second half of 1993, for a tofal of $738,357.00 for the calendaz year of 1993; and WFIEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board on February 26, 1991, by providing said SCORE funds to cities and townships for solid waste recycling programs; and WHEREAS, the County wishes to provide additional flean`bility for the use of said SCORE funds; NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties, the parties mutually agree to amend the Agreement as follows: 1. Section 6 of the Agreement shall be amended to read as follows: 6. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for expenditures for eligible activities up to the pmject maximum as computed below, which shall not exceed $78,461.50. Revenues or other reinnbursement received from the sale of recyclable materials may be used only to fund the Municipaliry's residential recycling activiries or the Municipaliry's programs for managing the following residential waste: used oil, waste tires, antifreeze and yard waste. Expenses incurred by the Municipaliry for managing a residential drop-aff recycling center, including the costs for disposing of waste improperly left at such recycling center, shall be eligible for reimbursement as a recycling activity. The pmject maximum for eligible expenses shall be computed as follows: A. A base amount of $10,024.00 for residential recycling activities or the Municipality's programs for managing the following residential waste: used oil, waste tires, anrifreeze and yard waste; and B. $6.25 per household for residential recycling activities or the Municipality's programs for managing the following residential waste: used oil, waste 6res, antifreeze and yard waste. C. A supplemental grant of $8,422.92 (hereinafier referred to as a"Supplemental Grant") for problem material management, solid waste recycling and yard waste abatement pmgrams to be disbursed to the Municipality within thirty days of execution of this Agreement. Notwithstanding anytlung in this Agreement to the contrary, the Municipality shail be entitled to use said Supplemental Grant monies oNy for eligible 12A expenses paid by the Municipality during the period January 1, 1992, through June 30, 1993, for problem material management, solid waste recycling and yard waste abatement programs. On or before July 20, 1993, the Municipality shall submit a report itemizing the expenditures of the Supplemental Grant monies on a report form provided by the County, together with receipts verifying said expenditures. Any Supplemental Grant monies not expended by the Municipality on or before June 30, 1993, shall be retumed to the County. IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: COUNTY OF ANOKA � Dan Erhart, Chairman Anoka County Board of Commissioners Date: ATTEST; John "Jay" McLinden County Administrator Date: Approved as to form and legality: Assistant County Attomey -2- 12B CITY OF FRIDLEY By: Namt Tifle: Date: Municipaliry's Cierk Date: Approved as to form and legality: L•�C[VATTY�PCH�LOW-TE(�-PRECYQ.II�NCONTRACI�REC93AD 1.MRG � _ ; CiTYOF I FR[DLEY� MEM ORANDUM Municipa! Center 6431 University Avenue Northeast Fridtey, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager Memo to: William W. Burns, City Manaqer ��'�� Froms William C. Hunt, Assistant to the City Manager �,f� staff to Charter Commission U Subject: Date: Amendments to Fridley City Charter Chapter 2 and Section 4.04 November 30, 1993 At the November 29, 1993 meeting of the Fridley Home Rule Charter Commission the attached amendments to Chapter 2 and Section 4.04 of t�e Fridley City Charter were approved by the Charter Commission and recommended to the City Council. The Charter Commission also voted to expedite presentation of these amendments to the CounczZ rather than wait for approval of the minutes at their January 31, 1994 meeting. On behalf of the Charter Commission I request that you present these amendments to the Fridley City Council at their meeting of December 13, 1993 with the recommendation of setting a public hearing before the Fridley City Council on January 18, 1994. WCH/jb Attachments v ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 AND SECTION 4.04 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 2 . .. . . - n.._. CITY COUNCIL ORGANIZATION Section 2.01 COUNCIL-MANAGER PLAN IMPLEMENTATION 1. The form of government established by this Charter shall be known as the "Council-Manager Plan-" pursuant to Minnesata Statutes. COMMENT: CLARIFIES THE SOIIRCE OF THE ��COONCIL-MANAGER PLAN.�� . 2. All discretionary powers of the City, both legislative and executive, shall vest in and be exercised by, the City Council . It shall have complete control over the City administration, but shall exercise this contral exclusively through the Gity Manager and shall not itself attempt to perform any administrative �# duties. .. 3. The Council shall -�-�s��-�� perform the duties and exercise the powers of all 3-ee� Citv boards and commissions except as �� otherwise provided by statute ar by this charter. It may�rew-=�-r, by ordinance create commissions with advisory powers to investigate any subject of interest to the municipality. 4. The Council shall ha�e power to make investigations into the City's affairs, to subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. The Council may at any time provide for an examination or audit of the accounts of any office or department of the City government, or it may cause to be made any survey or research study of any problem affecting the City or its inhabitants. Each such investigation shall be authorized by resolution of the Council. COMMENT: MOVED FROM PRTSENT SECTION 2.08.01. EXPANDS THE ABILITY OF THE COLTNCIL TO REQIIIRE PRODUCTION OF NONDOCIIMENTARY EVIDENCE. 13q 5. Any member of the Council may request in writing any specific information relating to any department via the City Manager. The City Manager shall respond in writing within a reasonable period of time. (Ref. Ord. 592) COMMENT: MOVED FROM PRESENT SECTION 2.08.02. 6. Except for the purpose of inquiry, the Council and its members shall deal with and control the administrative services solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. COMMENT: MOVED FROM PRESENT SECTION 2.09 Section 2.8�02. ELECTIVE OFFICERS l. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be eligible voters. 2. The Mayor shall be elected at large €e� in each United States presidential election vear to a , e-��e�e}�-�r�Ti-�s-t-s�e�--�e�e--e-�ee�e�r��-s'� -��e-€e�-a � e�ea f��Te-}�e�s�oa�--e�ee�ee�-�e "- - _ �� _ � _ � �ga�e�-s�ra��e-e�ee�e�-€e�a term o f four ( 4) years . �-3. One (1) Councilmember shall be elected at large in each United States presidential election year to �e�a-�e�nt-e , . �ird�-�—�Q:IY'q, 'TS�B��I��'�e�'S� . 3�1� e�-e�e�€e��.�-�'ea��e�e�€� , e�-ee�ee�--€e� a term of four (4) years. 3: 4. Three ( 3) Councilmembers shall be elected -=ai-z��s e��r�� r�� •�P„-a o-,�� , j___ in each Minnesota gubernatorial election year from three (3) separate Wards of The City, ��e�a ;---e�e�eg�-t�i�a#. t�-i�-�-rs��e�e�--€e�-iVt�el-�i�e-� uziac'"rZZt'z-'�r8 ��9�� e--�6�i�33�liEiEt�3" "'cr na�dizi� 6iie--�} i E�:�,ne�t�e�€e-� Wa��el�--€e�a--e�e--�1.-�1� i �rJ 8 : �Trc—ce�ir 'G�z� '-iirEitt;9 ci-S €2�6ift--�E%i`-��- ''�ir�--P�9r3 91.•.•'rauzi—ti'nc • � . i �t��@IiS e�ee�e�e 9"�'�t••,..� .�r �••�•••.�e`i�3Rciic�"nl.y2��9•.. ra..,..a � ,..a Ee��-'�;�pe�-€�e�Wa-�-3 s'--n '��-ee��e�€e�-��n to terms of four (4) years each, , v^z�--E6TZZrcrizn�ltpc�-��r--i'�i£ri-az-9`' "rraz'r—''vc-2-�@��"cu—z`-9i�r—��rnt—v-`r 13B � 0 COMMENTS: SECTIONS 2.03.04 AND 2.03.05 MOVED TO NEW SECTION 2.04. �5. The term of Mayor and of each Councilmember shall begin on the first e�€�-°� �' '�••�� day '-'-- --'-'� of January following their election to office and shall end on December 31 of the last vear of the term. The incumbent may remain in office unti� �e� a successor has been duly e�ee�e�r��s qualified and accepts the office. The first order of business at the first official Council meeting in each January that follows an election year shall be the swearing in of the newly elected members of the Council. COMMENT: CHANGES THE TIMES WHEN TERMS BEGIN AND END. 6. The Council shall be the judge of the election of its members. COMMENT: SECTIONS 2.03.07 AND 2.03.08 MOVED TO NEW SECTION 2.04. SECTION 2.04 MOVED TO NEW SECTION 2.05. SECTION 2.05 MOVED TO NEW SECTION 2.06. Section 2.8603 THE MAYOR 1. The Mayor shall be the presiding officer of the Council, except that a mayor pro tem shall be chosen from the remaining Councilmembers to ��'-' -FF�--- serve at the pleasure of the Council, who shall act as Mayor in case of the Mayor's temporarv disability or absence from the City. COMMENT: CORRECTS THE TITLE OF THE MAYOR PRO TEM AND SPECIFIES THAT THE APPOINTMENT IS ONLY FOR THE TEMPORARY ABSENCE OR DISABILITY OF THE MAYOR. 2. The Mayor sha21 vote as a member of the Council. 3. The Mayor shall exsrcise all powers and perform all duties conferred and imposed by this Charter, the ordinances of the City and the laws of the State. 4. The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for the purposes of martial law. COMMENT: THE FOLLOWING SENTENCE IN 2.06 MOVED TO NEW 2.0�1.07. 5. At the direction of the Council �the Mayor shall study the operations of the City government and shall report to the Council any neglect, dereliction of duty, or waste on the part of any officer or department of the City. 6. In time of public danger or emergency the Mayor may, --='-'� �'-� Ee ��z��--�e�s�� take command of the police, maintain order and enforce the law. Council consent shall be obtained when practicable. 13C COMMENT: REYISED TO ALLOW MAYOR TO TARE CONTROL IN TIME OF EMERGENCY WITHOIIT FIRST HAVING TO SEEK COUNCIL APPROVAL. Section 2.04 WARD C�UNCILMEMBERS 1- r r� ^��`�� LThe City is divided into three V 1.1V11 V1 • (3) separate election Wards desianated as F�'��s- Ward l, Ward 2, and Ward 3. - - - - •- - - � - - - -- • ---- -- � 9r�'r3-��--�,i�-�ie-u-�cu--c6iii�i`3Si-1�� "�rr-9z-ci�c�-r6rr �S�'-�E.'-��'�6-� . COMMENT: REVISED FROM PRESENT SECTION 2.03.04 2_ �-e A Ward Councilmember e-�e��el--��e�—a=�� must be a resident of such ward_ a�-�_��_~�-�e--�e-�esr�el-e-�� -�� "'' "' , , ea�r��e€��-e e e-�Ee��ne� e�e��tre# , {" E�iit-9-� ��P'��9'"'zrui�.�r6�E�3� �-�9urrc �zz-nrcnca��rviR . If the Ward Councilmember ceases to be a resident of the_ ward, then that office shall be declared vacant. However, a chanqe in ward boundaries during the term of office shall not disqualify the Councilmember from completing the term. COMMENT: REVISED FROM PRESENT SECTION 2.03.05. 3. The boundaries of the three (3) wards shall be redetermined from time to time by ordinances duly adopted by the Council, and based on the findings of the Council that the wards so redetermined are such that the population of any ward shall not deviate by more than three percent (3%) Prom the average of the three (3) wards. COMMENT: MOVED FROM PRESENT SECTION 2.03.07 4. After each decennial census of the United States, the Council shall redetermine ward boundaries. This redetermination of ward boundaries shall be accomplished within the deadlines established bv Minnesota law If no deadlines are established by law, then redistricting must be completed no less than one hundred (100) days prior to the legally determined date of the municipal primary of the year ending in the digit two (2) ; a-r�e� as--�ee��eel--��#�s ^-��-. If further redistricting is necessarv, as determined by the Council the adoption of the 13D new boundaries shall be prohibited during the time period from ninety (90) days before a primarv election up to and including the day of the general election in the same year. Any prohibitions stated in the Minnesota state statutes pertaining to the adoption of the new boundaries shall also apt�ly. COMMENT: MOVED FROM PRESENT SECTION 2.03.08 Section 2.&4 05. DISQUALIFICATION FOR APPOINTIVE OFFICE No incumbent member of the Council shall be appointed acting or permanent City Manager, nor shall any member hold any other paid municipal office or employment under the City; and ��e��e-e�e��e�-e€��e-� e� „�..�..: , _ _,�..� no former member shall be appointed to any paid office or employment under the City until one (1) year after leavina office. COMMENT: THIS CLARIFIE3 THE DISQIIALIFICATIONS OF CITY COIINCILMEMBERS FROM BEING EMPLOYED BY THE CITY. Section 2.8�s06 VACANCIES IN THE COUNCIL l. A vacancy in-the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, removal from office, removal from the City, removal of a ward councilmember from that ward, continuous absence from the City for more than three (3) months, or conviction of a felony of any such person. whether before or after their qualification, or by reason of the failure of any councilmember to attend ei.qht L8) consecutive regular meetings of the Council. In each such case, within thirtv � 0) days the Council shall by resolution declare s�te� a vacancy to exist_ ��-s`��n '�-re--'-��r (Ref. Ord. ) 2. If a vacancy is declared to occur before filings for the next election of the office in question are closed, the Couricil shall call a special election to be held not less than €�e�- thirtv (30) days nor more than sixty-five (6865) days from the time such vacancy is declared. The Council shall designate a period of eight C8) to twelve (12) consecutive working days for the purpose of filing nomination petitions in accordance with Section 4.06. (Ref. Ord. ) 3. In the case of a special election to fill the vacancy, L�C�L'� a. i.. ,.. i.. .. i i i,. a.. ,.. i 3-a-�ge��pe�-e�€-it�es-��e-��ree�--t�r . the procedure provided in Section 4.03, Primary Elections, and Section 4.04, Special Elections, shall be followed except for the scheduling of election dates, which must be within the time frame specified here. The winner of said election shall be qualified and take office immediately upon certification 13E by the board of canvass and shall fill the unexpired term. (Ref. Ord. 857, Ord. ) � . . . ap�e-�-t-�t��9}�-1.T ;�as �-��e�- �_ T r a. t� e---��tfiS-�b'�'�£rti�—t."ti"�--€@�'—�$��@i°"..'ezri—'r@ii�-�?9 �-Zn2 r"i-�e��e�it—:v�.'��"n e--�e t-�i e—s �. "'-uz�"-�"�rc�%-��l,. .. ti. .. �.� ,... +. ._ 4. If_the vacancy is declared to occur in the fourth year of the term of office after filinas for the office in question are closed, but before October 1 the Council shall appoint [within thirty (30) days oF the vacancv declaration] bv maioritv vote a ctualified citizen, who has not filed for anv municipal office in the general election in question. The appointee shall assume the office immediately and complete the unexpired term. (Ref. Ord. ) 5. If the vacancy is declared to occur on or after October 1 of the fourth year of the term, the winner of the cieneral el_ection shall be qualified and take office immediately. If the winner of the general election cannot take office due to reasons indicated in Section 2.06.01 above, the Council shall declare a vacancv and order a s�ecial election as provided for in Sections 2.06.02 and 2.06.03 above. The person so elected shall serve out any of the remainder of the unexpired term as well as the full four year term. (Ref. Ord. ) 6. If the Mavor's position is declared vacant, the Councilmember- at-Larcre shall serve as Mayor until the vacancv is filled. {Ref. Ord. ) 7. If at any time the membership of the Council is reduced to less than three (3) members the City Manaqer shall order a special election after the manner provided in Sections 2.06.02, and 2.06.03 above to bring the membershit� of the council up to five (5). (Ref. Special Election 3/25/75, Ord. 776, Ord. 857, Ord. ) 8. If the position of City Manager is vacant, the Citv Clerk shall order such an election. If the position of City Clerk is also vacant, the Chief Judqe of District Court of the State of Minnesota within whose �urisdiction the cornorate offices of the City of Fridley lie shall order such an election. (Ref. Ord. ) 13F Section 2.07 SALARIES AND EXPENSES The Mayor and each Councilmember shall receive reasonable remuneration or salary, the annual amount and payment of which shall be prescribed by ordinance duly adopted on or before November lst of the year preceding payment of the same. T'~��-�-��-� . �' e�re i�--s�ra�—�e�=a�e—s�reir—s ��s—a�re'k— s—as-� When authorized by the Council, its members shall be remunerated for their reasonable expenses incurred in connection with the City's business. The City Manager and all subordinate officers and employees of the CIty shall receive such reasonable compensation as may be fixed by the Council. COMMENT: SECTION 2.08 MOVED TO NEW SECTION3 2.01.04 AND 2.01.05. COMMENT: SECTION 2.09 MOVED TO NEW SECTION 2.01.06 CHAPTER 4 NOMINATIONS AND ELECTIONS Section 4.04 SPECIAL ELECTIONS. The Council may by r,esolution order a special election, fix the time of holding the same, and provide all means fo� 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. Special elections for vacancies in the City Council shall be held in accordance with the provisions of Section 2.06. (Ref. Ord. ) PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. WILLIAM J. NEE - MAYOR WILLSAM A. CHAMPA - CITY CLERK 13G Eng�^cennn Sewer V:'ater P��rkS S(�CClS (r:.�:ft:e^.JnCC ME MORANDUM TO: William W. Burns, City Manager �� PW93-452 � FROM: John G. F1ora,�Public Works Director �`//�lyde V. Moravetz, Cable Television Coordinator DATE: December 13, 1993 SUBJECT: Proposea 1994 Agreement Between City of Fridley and the Fridley Communications Workshop (ETC) The City Council has authorized $36,548 of the Cable Television'franchise fee be given to the Public Access Workshop for the year 1994. $36,750 was appropriated in 1993. The attached proposed agreement ex�ecuted by the ETC Fridley Comrnunications Workshop incorporates this amount. Other than the dollar amount and dates, the proposed agreement is worded the same as the 1993 agreement presently in force. As in the past, the: City would pay, upon receipt of the quarterly franchise fee payments, four (4) equal payments of $9,137 to ETC from the quarterly fee payments received for the budget year 1994. Request the City Council authorize and ex�ecute the agreement as presented at their December 13 meeting. CVM/JGF:cz Attachment 14 � � This agr�ment made and entered into this thirteenth day of Decemb�r,1953, by and between the City of Fr�dley, a Minnesota municipal corporation, �n the County of Anoka, State of f1�nnesota, hereinafter referred to as "the City" and ETC Fridley Communications Workshop, incorporated, a non-profit corporation in the County of Anoka, State of Minnesota, witnesseth: For and in consideratic�n of the promises, c�venants, terms and provisions herein contained, the parties hereto mutually agree as follows: i. Period of Agreement. This �reement for a 12 month pert�, shall be etiective January i, 19y4 through December 31, 1994, unless otherwi� terminated by either party with 90 days written notice. Upon termination of the �reement, ail uncommitted amaunt shall be determined and aqr� upon by the City Man�r and ETC Fridley Communications Workshop, Inc. L Re�.Spansibilities of ETC Fridlev Communications Worksha�, Inc. ETC �Ir�s tc� prrnide, on behaliof the Gity, services to Fridley residents as follows: a. Tn educate members Qf the public to the potential uses of video cammunications in the c�mmuniry. b. To provide training and technicai assistance that will promote citizen use of availabie cabiecasting tacilities as a non-commercial means of communications. c. To serve as a resource center for informatian, materials and equipment relating to the use of video as a communication medium. d. T� serve as a� receiving, halding and disbursing entlty for moni�s intended to prom�te nan-commerciai citizens use of the channel. e. Ta provic� at the requ�st �f the Gity, asslstance to C1ty staff in the proqramming of its government access channel , at na additianal c�st. 3. ETG Fridlev Communications Workshop, inc. further agrees to k�p and maintain a qualified staff of personnei, both paid and volunteer, necessary to perform the services herein set forth. � Far th� peric�d of this agreement the City will qrant ta ETG Fridlev Cammunications Wurkshop, Inc. the ammount of $36,548.00 from the cabie franchise fee from the current cable company ta the City. 4uarterly amount shall be payable upon receipt by the City of the quarterly franchise fee payment irom the cabie company. S. ETC Fridley Communica�tions Workshop, Inc. shali keep acxurate and complete r�ards vf financial transactions and shall provide to the City, on a quarterly basis April i, 1494, July i, 1994, �xtober i, 1994, and February, 1995, a complete written financial report of its operations during the Deriod of this agreement. Said records shall inciude an acc.ounting system maintained in a generally accepted manner, including, if appiicable, the filing of proper tax returns ta the Fe�ral and State Governments, such as payroll tax returns of carporate incame tax returns. Sa�d records shall be ava�lable tor �nspection by the City Man�er, members of the Gouncil, and (';able Commission Members during regular businass hours. 14A 6. ETC shall provide to the City a written report of its operational activities, including whatever data will assist the City in evaluating the effectiveness of ETC in the provision of the services herein set forth. Said report will be provided to the City within sixty days after completion of this agreement. ETC will also provide interim progress reports of its ope�ational activities April 1, July 1, October 1, and February 1. 7. ETC shall indemnify, save and hold harmless the City and all of its officers, age�ts and employees from any and all claims for losses, injuries, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of ETC, its agents, officers, employees, members, guests, patrons or any person or persons associated with ETC for any purpose. 8. Insurance, ETC Fridley Communications Workshop will provide proof of liability insurance, naming the City as an additional insured in an amount and form as approved by the City Manager. 9. ETC shall provide the Ciry documentation that has obtained non-profit tax-exempt status from the Federal Internal Revenue Service and the State of Minnesota Department of Revenue. 10. !t is understood and agreed that no alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto. 11. In the event of a breach by ETC of the terms or conditions of the Agreement, the City shall have, in addition to any other legal recourse, the �ight to terminate this Agreement. In witness whereof, the parties have caused the Agreement to be executed by their proper officers, thereunto duly authorized. Witness, . ' William W. Burns, City Manage� Wiltiam J. Nee, Mayor � �G�� /�� G�'7/r��Z�, Ma�k Hotchkiss ETC Chairperson i� / �� ii:��• t�� '•• • Prrks Sireel; iMainte^ance ME MORANDUM �� TO: William W. Burns, City Manager � FROM: John G. Flora, Publi �Works Director Scott Erickson, Asst Public Works Director�� DATE: SUBJEGT: December 13, 1993 New Brighton/Fridley Interconnection - TCAAP PW93-479 We have received a request from New Brighton to reimburse them for the City of Fridley's cast to date for the TCAAP construction. The "Fridley costs" included conerete curbing on one side of Benjamin Street, repair of a sewer line on Camelot, the differential cost between asphalt and concrete curbing an 64th Avenue, and the storm sewer catch basins and piping installed on 64th Avenue. The estimated cost for this work had been $114,657.56. The actual costs to date are $102,606.28. The payment includes the bulk of the Fridley's cost for the project. There may be a small final adjustment when the project is closed out in the spring. By reimbursing New Brighton, we will be eliminating any interest that may be chargeable to us. It is recommended that Gouncil approve the reimbursement of $102,606.28 to the City of New Brighton for the City of Fridley costs associated with the TCAAP Interconnection Project. SE/JGF:cz 15 � . �. ; ./ +�. V'J .J V 1 V V � L.�E�_:: �� ' y' 1�� C 1 FRC��1 EAR� EhdG I NEE� I F•Ji � Pac�E. �i�� .rri�� I � �� M'i�tr�g�,1�9Y55d31-1026 PHone: (612} �?2-26A0 F�z: (6�2} 835-0186 !4r . Les Proper nirector of Publi.c 'r�orks <^ity of New 8riqhtati :303 Sth Avenue NW 13ew Bright,on, MN SSIlZ D�cember 7, I993 Re: New Brighton-F�idleg interconnection Fridley Project b85-U04W20 �e�.x Mr. Proger: s At the x'�quest. af Sco�t Erickson S am providi.ag �n a3.location af aetetal ��uant�.ti.es as of iv"ovember 26, 1993 o�a �.2�e subject project. Scott asked ;Eor 31ioc�t�ior, of .Ar�y-reii�¢bursed a.nd Fridle� aosts to date so that Fridley could re�.�nburse New.Bri.ghi:on any overpayments ta c3aie. The ca�cuiation is iilustxated in the �AClosed table. Please �eel free to ca7.�. me if pou have any questioas. DEPlkmh Enclasure Va_ 3ohn Flora. P.E. 23\62\246\I,S 135.LZR Sincere�y, Dennis E. 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LL �G � �; � �� ? }: >- _, W_i� J�� U>C (i u1 c� lL Q. O m�� a N N P S } ��d �: ��°° ��; �� "'� en t0 � �' O � � � � � r li. i- � O � } '-2 C w a � 0 � _ U � N � O W �1 o°,�°n°o M � � N � `� N Q �z �o r. i- c� U �� a� �� F- � � �O� 111 z �y y�r � =�F= � �- *�" z z �� 6 6 O � N c> � a J J J � > > � � caoacs u�wwz S Y = q U U U = NN tAU N O z � w O � O W C'3 z 4 z U � m N tA O CJ �� co o cv m N t�b�, r u. � Q � p � � �py-a 1�aN y0�� p u��a H z��z jy�0 z�� 15H FArE . r�[�� En;�neerinn Sewei 1N;�ter Pa�ks Sveet; ;r�r��n,e�,,;.,�, ME MORANDUM �- TO: William W. Burns, City Manager �� PW93-477 ,. FROM: John G. F1ora,'Public Works Director DATE: December 13, 1993 SUBJECT: Sanitary Sewer Repair Project No. 263 The 1994 sanitary sewer improvement plan approved by the City Council identified $65,000 to reline and repair the section of sanitary sewer line on blst Avenue from 4th Street to University Avenue to the west frontage road on University. We propose to repair the line through the insertion of an inverted epoxy liner to the e�sting sanitary sewer pipe, similar to the repair work previously performed on 61st Avenue. The work will be performed on the 15-in. corrugated metal sanitary sewer line on 61st Avenue under University Avenue to the west frontage road to continue the relining of CMP throughout the sewer system. Also, an alternate bid will be advertised for the section of CMP on 61st Avenue between 6th Street and 7th Street. Hopefully, the bids will be within the budgeted amount and all the remaining CMP under 61st Avenue will then be relined in 1994 with the epoxy reliner. The specifcations have been prepared and are now ready to advertise for bids. The bid opening is scheduled for January 6, 1994. Recommend the City Council approve the resolution to advertise for bids for the Sanitary Sewer Repair Project No. 263. BN/JGF:cz Attachments 16 � a lr.. •. � SANITARY SEWER REPAIR PROJECT NO. 263 RESOLUTION NO. -1994 A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: SANITARY SEWER REPAIR PROJECT NO. 263 WHEREAS, the City Council of the City of Fridley has estabiished a policy of repair sanitary sewers when necessary, WHEREAS, the Public Works Director has submitted a plan showing the sanitary sewers in need of repair, NOW, THEREFORE, BE 1T RESOLVED, by the City Cauncil of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the sanitary sewers recommended for repair by the Public Works Department be repaired, and the work involved in said improvement shall hereafte� be designated as: SANITARY SEWER REPAIR PROJECT NO. 263 2. The plans and spec'rfications prepared by the Public Worlcs Department for such improvement and each of them, pursuant to the Council action heretofore, are hereby approved and shall be filed with the City Clerk. •- 3. The work to be performed under SANITARY SEWER REPAIR PROJECT NO. 263 be perforrned under one contract. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisement fo� bids upon the making of such improvements under such approved plans and spec'rfications. The advertisement sha{I be pub�ished for two (2) weeks (at ieast 10 days), and sha11 spec'rfy the work to be dane and will state that bids will be opened at 9:00 a.m. on THURSDAY, JANUARY 6,1994, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City of Fridley for five percent (5°�j of the amount of such bid. That the advertisement for bids for SANITARY SEWER REPAIR PROJECT NO. 263 shall be substantially standard in form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF DECEMBER, 1993. � ATTEST: WILLIAM A. CHAMPA - CITY CLERK 1 s� WILLIAM J. NEE - MAYOR SANITARY SEWER REPAIR PROJECT NO. 263 NOTICE TO BIDDERS SANITARY SEWER REPAIR PROJECT NO. 263 Sealed bids wili be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the Public Works Director of the City of Fridley, 6431 University Avenue, N.E., Fridley, Minnesota, 55432, (Tel: 571-3450) on THURSDAY, JANUARY 6, 1994, at 9:00 a.m. for the fumishing of work and materials for the following work for the City of Fridley SANITARY SEWER REPAIR PROJECT NO. 263. The sanitary sewer pipe repair praject consists of water tight iining of of 438 lineal feet of 15-inch CMP storm sewer pipe and an altemate bid for 334 lineal feet of 15-inch CMP sanitary sewer pipe . All in accordance with plans and speeifications pcepared by John G. Flora, P.E., Public Works Director, Fridley City Hall, 6431 University Avenue N.E., Fridley, MN, 55432 (Tel. 571-3450). Plans and specifieations may be examined,at the office of the Public Works Director and copies may be obtained for the Contractor's individual use by applying to the Public Works Director. Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without condition to the City of Fridley, Minnesota, in an amount of not less than five percent (5%) of the total amount of the bid. The City Council resenres the right to reject any and all bids and to waive any informalities in any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. Dated this 13th day of December, 1993. Pubiished: Fridley Focus December i5, December 22, December 29, John G. Flora, P.E. PUBLIC WORKS DIRECTOR Construction Bul(etih 1993 December i 7, 1993 1993 December 24, 1993 1993 December 31, 1993 19 � sB 5 YEAR CAPITAL IMPROVEMENT PLAN BUDGET 1994 City of Fridley State of Minnesota Sewe� Capital Improvements 1994 • Beginning Balance Revenues Interest Income Depreciatio� Total Revenues Funds Available Proiects Rebuild Nortei Lift �Station Rebuild Vet Clinic Lift Statan Retine or Repai� Sanitary Sewer Line — 61 st From 4th to Un'iversily Ave To West Frontage Universiry Total ProjecCs Endi�g Ba(ance Beginning Balance Revenues IMerest Income Depreciation Total Revenues Funds Available Proiects 1995 Riverv+rood Lift Station , Reline o� Repair Sanitary Sewer Line — Lucia Lane to Highway 65 Total Projects Ending Bala�ce 16C � $705.677 35.284 161,051 196,335 so2,oi2 � .�. � .•. 65,000 � 115,000 3787.012 $�s�,oi2 39,351 162,051 201,402 988,414 30,000 75�000 105,000 5883,41 d - �`1 ` + _ �l� ! � , � • � • : - . _ .- ' J''.,''�..'. '.. -''i. ��r.a. ^y 1 �' - � �...... 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' ALTERNATE=:: t; �-';. ;-� ±�:i��; . . � .. .. � ' }�1�R:.:�,�_;."�:T - - •.r• :i , f � � � ~� _,a. � LL ' +� ��iZ,.-a �--. :-.! + � -� � .�. --� r-t —� � ...;'" F; v C —� �%-_ � �— i ��-r r- + y... - /� � � �j � i� :.1 ��-+�..: i�.: 1 Iv�� C ' ^ 1 t. r +... — �- j � ! �� F'"'�f�^'i--: � ..� •' r- �-� 2� j1. .. _,_, � . -H ., .:r-;:-�-�:,� . ; �r . a. `+ � � r..., r : •-! ��7 +�; — "T� .� _ . �»�f.• _ ..�` �-^• _"i•''•;..�•'.-�,...��y � Y ' ��.��'�,f,�'� �•e I.y .... ...........��.�- : -; �-� , �- ; �:�. ._��+.�-� �....� :.. � ,— ..� �� ._, „ � �� 'F.� i.1-1• _.�+- i�` � I� "vll l' •. \\"'� �/ ' L R I - .� " �'•a C•j ... ,�ao rr...a� w � IIa� � i . � •. ..t.y. �' 3 �� J = .r.� �� ; ..__ __=..w_ - -__ -�,; �;,- N „� . -- .. ----� �: ,. � , p.. '' 16Q �'; - •� _ .. � � » MoORE .� -1 — ,: �� • �00�•�• � � •:�t�OY v..:,e,,....�,. / L�ff � L M0011[ ��Ot . 1 .Ni,-� :;;-.� .,,r �� .. . �..� . n „ % �a�. / �V o° u '� ; l��"� � �: � i � � � �-� ��n��i.� ,,,, -• _ _�;' �.i' _;�,:,-„� � ,� ,; ;. � �y c: G v �AKE c � � �� L � � J p� t� �, j0` 3 �,�.�. �` '� • j C: n ,;.` e �: �� iv .. .J /= -- J�' ' ' ___'_ "'_.. _ '. " '... _ __/ ��-----�i. •�" '..:�I Enc,�^eer,�ig Sewer J':a:er P��k.s Si�eet; r� e n:en�occ ME MORANDUM �X TO: William W. Burns, City Manager ,�Y �� PW93-471 FROM: John G. F1ora, �rublic Works Director DATE: December 13, 1993 SUBJECT: 1994 Water Capital Improvement - Repair of Well No 1 and Well No. 8, Project No. 264 The 1994 Water Capital Improvement Plan approved by the City Council identiSed $40,000 to repair well No. 8 and well No. I1. Well No. 1 has been pulled due to poor pumping capacity. An inspection of the pump was made and determined that most of the parts need to be replaced. Because of these problems, we would like to reschedule well No. l l for 1995 and repair well No. l in its place in early I994. Well No. 8 will be pulled and repaired according to the normal schedule due in 1994. The specifications have been prepared an.d are now ready to advertise for bids. The bid opening is scheduled for Thursday, January 6, 1994. It is important to continue the preventative program on all wells and pumps throughout the water system in order to ensure proper water quantities before the high demand season is upon us. Recommend the City Council authorize the resolution to advertise for bids for Repair of Well No. 1 and Well No. 8 Project No. 264. BN/JGF:cz Attachment �7 � � •. .� RESOLUTIOfV NO. - i993 RESOLUTION ORDERING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR WELL NO. 1 REPAIR AND MAINTENANCE PROJECT NO. 264 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Frid{ey and the property owners affected thereby. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley as follows: • 1. That the following improvements proposed by Counci{ Resolutions are hereby ordered to be affected and completed as required: REPAIR AND MAINTENANCE OF WELL NO. 1 2. The plans and specifications under the direction of the Public Works Director for such improvements are hereby approved and shall be filed with the City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and speci�ications. The advertisemerrt shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that the bids will be opened and considered at 11:00 a.m. on Thursday, the 6th day of January, 1994, and that no bids will be considered unless sealed and filed with the Public works Director. That the advertisement for bids for Repair and Maintenance of Well No. 1 shall be substantial{y in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF DECEMBER, 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 17A WILLIAM J. NEE - MAYOR NOTICE TO BIDDERS REPAIR OF WELL NO. 1 PROJECT NO. 264 Sealed bids will be received and pubiicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the Public Works Director, 6431 University Ave. N.E., Fridley, Minnesota 55432 (Tel. 571-3450) on Thursday, the 6th day of January, 1994, at 11:00 a.m. for the furnishing of work and materials for the Repair of Well No. 1. Plans and specifications may be examined at the office of the Public Works Director and copies may be obtained for the contractor's individual use by applying to the Public Works Director. Bids must be made on the basis of cash payment for work and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without conditions to the City of Fridley, MN, in an amount of not less than 5% of the total amount of the bid. The City Council resenres the right to reject any and all bids and to waive any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. Dated the 13th day of December, i993. John Flora, P.E. PUBLIC WORKS DIRECTOR Published: Fridley Focus Decem ber 22, 1993 December 29, 1993 January 5, 1994 �7B 5 YEAR CAPITAL IMPROVEMENT PLAN BUDGET 1994 City of Fridley State of Minnesota Water Capitai improvements 1994 Beginning Balance Revenues Funds Avaifable Pro ects Ending Balance eeginning eatance Revenues Fu�ds Available Pr_ oiects Ending Balance Interest Income Depreciation Total Revenues Well Repair 8 and 11 Pumphouse Meter Repiaceme�t Well No.1 Boos�er Replacemerrt Water Main at 68th and Washingto� New Projects Elimurate Oead End L�e At 73rd Avenue aTo 73112 Avenue Total Projec�s • � 1995 Interest Income Dep�eciation Total Revenues New Project � Eliminate Dead End Line At Hayes To Garfieid Weq Repair No's 3� 10 53rd And Johnson 800stFx Stafion Upgrade Const�uct Well No. 14 Total Projects 17C 0 $802.471 40,124 356,963 397,U87 1,199,558 �..•� �.� . �.� ••� �� .• S1.o44.558 $1.044.558 52,228 370,000 422,228 • 1.466.786 15,000 50,000 300,000 i 80.000 545,000 3921,786 � �J � �� , _�, = c: ��E� .� � �� a�� , . :� ; l�� i► WATER SUPPLI 8YSTEM ■ FILTRATION PLA �� iiE8ERVOIR • WELL � �� WATEAMAIN ['10" OFi OFiEATEF FIG. 6-1 ^+� H CITY OF FF�IOLEY PLANNINO RESOLUTION NO. - 1993 RESOLUTION �RDERING IMPROVEMENT AND ADVERTISEMENT FOR BIDS FOR WELL NO. 8 REPAIR AND MAINTENANCE PROJECT NO. 264 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley as folfows: That the following improvements proposed by Council Resolutions are hereby ordered to be affected and completed as required: REPAIR AND MAINTENANCE OF WELL NO. 8 2. The plans and specifications under the direction of the Public Works Director for such improvements are hereby approved and shall be filed with the City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days), and shall specify the work to be done and will state that the bids will be opened and considered at 11:15 a.m. on Thursday, the 6th day of January, 1994, and that no bids will be considered unless sealed and filed with the Public works Director. That the advertisement for bids for Repair and Maintenance of Well No. 8 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF DECEMBER, 1993. ATTEST: WILLIAM A. CHAMPA - CITY CLERK � WILLIAM J. NEE - MAYOR NOTICE TO BIDDERS REPAIR OF WELL NO. 8 PROJECT NO. 264 Sealed bids will be received and pubiiciy opened by the City of Fridley, Anoka County, Minnesota, at the office of the Pubiic Works Director, 6431 University Ave. N.E., Fridley, Minnesota 55432 (Tel. 571-3450) on Thursday, the 6th day of January, 1994, at 11:15 a.m. for the fumishing of work and materials for the Repair of Well No. 8. Plans and specifications may be examined at the office of the Public Works Director and copies may be obtained for the contractor's individual use by applying to the Public Works Director. • Bids must be made on the basis of cash payment for work and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond made payable without conditions to the City of Fridley, MN, in an amount of not less than 5% of the total amount of the bid. The City Council reserves the right to reject any and all bids and to waive any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. Dated the 13th day of December, 1993. John Flora, P.E. PUBLIC WORKS DIRECTOR Published: Fridley Focus December 22, 1993 Decem ber 29, 1993 January 5, 1994 : '� Engineer ng Sewer vJd;er Parks Streets Ma�n;en�ncc MEMORANDUM TO: William W. Burns, Ci Mana er � � g �� FROM: John G. Flora,�Public Works Director DATE: December 13, 1993 SUBJECT: Wetland Conservation Act PW93-472 The Board of Water & Soil Resources (BWSR) is requiring a local government unit (LGi� be identified by January 1, 1994, for the metropolitan area. The LGU is defined as a city, township or watershed management organization. Since we have already delineated our wetland areas and are the best organization in wluch to manage any wetland impact, it is our recommendation that the City designate itself as the LGU for areas within its boundaries. The attached resolution satisfies the Board of Water & Soil Resources requirements by establishing the City of Fridley as the LGU effective January 1, 1994. In addition to the LGU designation, we will be notifying the Environmental Quality Board Monitor (EQB)' of the City's decision to not publish individual notices for small wetland impacts. This is an annual requirement to facilitate the activities of the City. 7GF:cz Attachments 19 � . �.: i�OI�TI�T �UU. - 1993 •�:�: • 1 •, �:r w •i� � • n • � • • � �:r • :�•� r• i;� I•JI :r� •)' �:I: "I' • I� •�; �:ial• r . �; �S, the Minne.sota Wetlar�d Cbnservation Act of 1991 (WCA) �u.ires local gwerrna�ent units (IG(Ts) iu�le�ent this law by ad�ti.ng the rules aryd regulatiar�s p�ratnalgated by the Boa� of Water and Soil R�esazroes (BWSR) Pextainir�c! to woetlarri drai ni rr� and fi.11iryg: arid �,8, tt�e BWSR is requestir�g IGUs ad�tir�g th,e permanent Yul.es of the WCA to notify theqn of th�e LC�U decisio� rega�ling adoption: and �i8, the IGU is �sible for malcing WC�1 cleterminations for landawr�ers; ar�d �EAB, the City of FYidley previaasly ass�mtied responsibilities of I[�J for wetland alterations utxler the interim rules. Ia7W, �� BE IT RE90LVED 7�T, the City Qouncil of the City of Fridley, Anoka Caunty, Minnesota, that it Ybereby avoepts the responsibility as tt�e IGU for the WCA within the legal bau�daries of th�e City as of Jam�aYy l, 1994, within tl�e guidelin�es as set forth by tiie WCA ar�d rules. P�SSED ArID p,DOPTED B'ii '� CI'i'Y QOZA�ICI1, OIF' '� t�ITY OF FRIDI�EY 7�II8 13Z8 L1�iY OiF' D�ID�R, 1993. A'I'1'ES'I': WILLTIIM A. GfII�A - CITY CLII2K 19A WTT T TAM J. rjEE - j�gQR WETLAND CONSERVATION ACT EQB MONITOR GENERAL NOTICE FOR SMALL WETLAND IMPACTS Citv of Fridlev Local Government Unit Date William W. Burns (812) 57i-3450 LGU Official Area Code, Telephone 6431 Universitv Ave NE Address (Street, Box Number, Etc) Fridiev MN 55432 City State Zip Code The City of Fridley during the year 1994 hereby provides notice that it will not be publishing individual notice for small wetland impacts in the Environmenta! Quality Board Monitor. Small wetland impacts include all projects which will fill less than one tenth acre of wetland; and all those which will fili less than one-quarter acre of wetland, and result from a private road �ill or the construction or expansion of a single family dwelling unit when the project cannot be modified so as to avoid the fill. Persons interested in receiving mailed notice of each project within the jurisdiction of the above mentioned LGU can be put on a mailing list by contacting the LGU at the address listed above. Authorized LGU O�clal Date send to: E(2B Monitor Room 300, Centennial Office Bldg 658 Cedar Street St. Paul, MN 55155 phone: (612) 296-8253 FAX: (612) 296�698 (publication dates are every other Monday with one week lead time) � �� _ � ; C�OF I FR(DLEYi MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridley, Minnesota 55432 (612) 572-3507 FAX: (612) 571-1287 William C. Hunt Assistant to the City Manager Memo to: Nilliam W. Burns, City Manaqer � �� From: William C. Hunt, Assistant to the City Manaqer �'�j' � 11 Subject: Amendment to Historical 8ociety Loan Repayment Schedule Date: December 3, 1993 The Fridley Historical Society has requested forgiveness of the $700.00 payment due July 19, 1993 on the loan made to them by the Cit of Fridley in 1989. The Fridley City Council has expressed its interest in rescheduling the payments, and I have attached a draft resolution for consideration by the Council at their meeting of January 3, 1994. I would appreciate your presenting this matter to the Council for their decision. WCH/jb Attachment RESOLUTION NO. - 1994 A RESOLUTION AMENDING THE REPAYMENT SCHEDULE OF A LOAN TO THE FRIDLEY HISTORICAL SOCIETY WHEREAS, on June 19, 1989, by Resolution No. 54 - 1989 the Fridley City Council authorized a no interest loan of $7,000.00 to the Fridley Historical Society to assist in the renovation of the former Hayes Elementary School to serve as a historical museum, a project which has cost approximately $85,000; and WHEREAS, according to Resolution No. 54 - 1989 one tenth (1/10) of the total amount of the loan shall be payable on the anniversary of the final payment by the City of Fridley in each of the subsequent ten (10) years; and WHEREAS, the final payment by the City of Fridley was made on July 19, 1990, so that the first $700.00 repayment was due on July 19, 1991; and WHEREAS, according to Resolution No. 64-1991 passed August 12, 1991 the Fridley City Council amended the payment schedule to defer payments by one year; and WHEREAS, the Fridley Historical Society, made its scheduled payment of $700.00 in 1992; leaving a balance of $6,300.00, and WHEREAS, the Fridley Historical Society has requested the Fridley City Council to forgive the second scheduled payment of $700.00 due July 19, 1993; and WHEREAS, it is in the public interest to assist the Fridley Historical Society in the work of preserving the historical records of the City of Fridley for future generations; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the repayment schedule be amended as follows: One tenth (1/10) of be payable on the fourth anniversary City of Fridley and is paid. the total amount of second anniversary (1994 ) of the f inal annually thereafter the loan shall (1992) and the payment by the until the loan PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1994. WILLIAM A. CHAMPA - CITY CLERK 20A WILLIAM J. NEE - MAYOR � TO: WILLIAM W. BURNS, CITY MANAGER �h.�i �� FROM: RICAARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTION AUTHORIZING THE REDEMP'I'ION OF THE GENERAL OBLIGATION SPECIAL ASSESSMENT FUND BONDS OF 1982 DATE: December 9, 1993 Attached you will find the resolution that will allow the trustee to pre�ay the debt the City has in relation to the special assessment projects that were paid for out of the bonds issued in 1982, The bond fund has accumulated sufficient resources over the past years through prepayments and interest earnings to retire or prepay the 1995 through 1999 maturities. This type of action saves the City money by prepaying the remaining maturities as of February 1, 1994, instead of having to pay the associated interest expense if the bonds were to mature without the redemption. RDP/me Attachment RESOLUTION NO. - 1993 RESOLUTION AUTHORIZING REDEMPTION OF GENERAL OBLIGATION SPECIAL ASSESSMENT FUND BONDS OF 1982 WHEREAS, the City has heretofore issued $1,425,000 General Obligation Special Assessment Fund Bonds of 1982, dated August 1, 1982 ("the 1982 Bonds"); WHEREAS, the 1982 Bonds maturing after February 1, 1994 are subject to redemption prior to maturity on that date at par and accrued interest; WHEREAS, the City has sufficient money available to prepay the 1995 through 1999 maturities, both inclusive; NOW, THEREOF, BE IT RESOLVED by the City Council of the City of Fridley: 1. The 1995 through 1999 maturities, both inclusive, of the 1982 Bonds are hereby called for redemption and prepayment on February 1, 1994. 2. Notice of call for redemption shall be mailed to the bank at which principal and interest are payable and shall be published, as required by law, in substantially the form attached as Exhibit A. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 21A EBHIBIT A NOTICE OF REDEMPTION $1,425,000 General Obligation Special Assessment Fund Bonds, of 1982 Dated: August 1, 1982 City of Fridley Anoka County, Minnesota Notice is hereby given that the Bonds of the above issue which mature on February 1 as follows: Year 1995 1996 1997 1998 1999 Amount Interest Rate Bond Number CUSIP # $15,000 $30,000 $15,000 $30,000 $15,000 10.60$ 10.70$ 10.70$ 10.70$ 10.70$ 265-267 268-273 274-276 277-282 283-285 are called for redemption and prepayment of February 1, 1994. The Bonds will be redeemed at a price of 100$ of their principal amount plus accrued interest to the date of redemption. Holders of such Bonds should present them, with subsequent coupons attached, for payment at The First National Bank of Chicago on or before said date when they will cease to bear interest. If mailed, Bonds must be sent to: The First National Bank of Chicago, Suite 0125, One First National Plaza, Chicago, Illinois 60670; or, if by hand or overnight, to The Fir$t National Bank of Chicago, Bond and Coupon Redemption, Ninth Floor, One North State Street, Chicago, Illinois. Under the Interest and Dividend Compliance Act of 1983, 31$ will be withheld if tax identification number is not properly certified. Additional information may be obtained from the undersigned. BY ORDER OF THE CITY COUNCIL CITY OF FRIDLEY, MINNESOTA /s/ William A. Champa, City Clerk �� TO: WILLIAM W. BURNS, CITY MANAGER ,�� n,� �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RESOLUTION AiJTHORIZING THE REDEMPTION OF THE GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1986 DATE: December 9, 1993 Attached you will find the resolution that will allow the trustee to prepay the debt the City has in relation to the special assessment projects that were paid for out of the bonds that were issued in 1986. The bond fund has accumulated sufficient resources over the past years through prepayments and interest eamings to retire or prepay the 1995 through 2000 maturities. This type of action saves the City money by prepaying the remaining maturities as of February 1, 1994, instead of having to pay the associated interest expense if the bonds were to mature without the redemption. RDP/me Attachment RESOLUTION NO. - 1993 RESOLUTION AUTHORIZING REDEMPTION OF GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS OF 1986 WHEREAS, the City has heretofore issued $2,705,000 General Obligation Improvement Refunding Bonds of 1986, dated August 1, 1986 ("the 1986 Bonds"j; WHEREAS, the 1982 Bonds maturing after February 1, 1994 are subject to redemption prior to maturity on that date at par and accrued interest; WHEREAS, the City has sufficient money available to prepay the 1995 through 2000 maturities, both inclusive; NOW, THEREOF, BE IT RESOLVED by the City Council of the City of Fridley: 1. The 1995 through 2000 maturities, both inclusive, of the 1986 Bonds are hereby called for redemption and prepayment on February 1, 1994. 2. The Finance Director is hereby authorized and directed to instruct First Trust National Association, the Bond Registrar and paying agent, to mail the Notice of Call. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 22A �' _ ; C�� F � FRIDLEY� MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridiey, Minnesota 55432 (612j 572-3507 FAX: (612) 571-1287 �� Memo to: William W. Burns, Citp Manaqer � William C. Hunt Assistant to the City Manager From: William C. Hunt, Assistant to the City Subject: Increase in Compensation for 1994 Date: December 10, 1993 Manager ��'� � � In order to prepare the final figures for the Personal Services portion of the 1994 budget it will be necessary for the City Council to approve a resolution adjusting salaries and benefits for 1994. The cost of living is estimated to have risen about 3.5 �percent from December 1992 to December 1993. Anticipated salary adjustments in comparable cities in the metropolitan area run between two.and three percent. This does not account for merit adjustments and longevity payments which vary greatly from one employer to another. I am recommending that there be a general increase of three percent in the salaries of Fridley employees who are not members of 'a bargaining unit. With regard to the City�s maximum contribution toward insurance premiums, I am recommending that for those in Flexible Benefit Plan, Option A the amount be raised $20.00 to $315.00 per month for persons choosing family coverage and remain at $205.00 per month for persons choosing single coverage. With regard to auto allowances and mileage, I am recommending that the auto allowances, if applicable, be increased by three percent. In 1993 the City reimbursed employees for business use of their own vehicles at the federai Internal Revenue Service rate of $0.28 per mile. That rate has not changed to date in 1993, so no action is required by the City Council at this time. These recommendations have been incorporated into the attached resolution. I request that you present this resolution to the Fridley City Council for action at their meeting of December 13, z993. WCH/jb RE30LIITION NO. - 1993 A RESOLIITION AUTHORIZING AN INCREASE IN COMPEN3ATION FOR FRIDLEY CITY EMPLOYEES FOR THE 1994 CALENDAR YEAR WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to Fridley City Employees within budgetary constraints; and WHEREAS, the City of Fridley intends to comply with the Minnesota Local Government Pay Equity Act; and WHEREAS, the City� Council and City Staff have reviewed economic indicators and compensation adjustments by comparable employers; and WHEREAS, an adjustment of employee salaries and benefits is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following adjustments be authorized for employees of the City of Fridley, with the exception of employees who are members of a bargaining unit, effective January 1, 1994: 1. A general increase of 3.0� in employee salaries. 2. For employees eligible for the health benefit who choose dependent coverage, a maximum contribution of $315.00 per month toward premium costs of health insurance and $25,000 worth of group term life insurance. Up to $15.00 of the above amount of $315.00 can be used for premium costs of dental insurance. (Flexible Benefit Plan, Option A) 3. For employees eligible for the health benefit who choose single coverage, a maximum contribution of $205.00 per month toward premium costs of health insurance and $25,000.00 worth of group term life insurance. Up to $15.00 of the above amount of $205.00 can be used for premium costs of dental insurance. (Flexible Benefit Plan, Option A) 4. An increase of 3.0 % in automobile allowances, where applicable. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1993. WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK23 A � a CfiYOf ERIDLEY MEMORANDUM Municipal Center 6431 U�iversity Avenue N.E. Office of the City Manager Fridley, MN 55432 Wiliiam W. Burns (612) 571-3450 TO: The Honorable Mayor and City Council FROM: Wiiliam W. Burns, City Manager��{�" DATE: December 9� 1993 SUBJECT: 1994 City Council Meetings and Holiday Schedule Please note the attached � 994 calendar which indicates City Council meetings and holidays. Once again, we have tried to schedule City Council meetings for the first and third Mondays of the month and conference meetings for the fourth Monday of the month. Since there were a few holidays that fell on a Monday, we were not atways abte to do so. Staff recommends that Council approve the attached resolution and the 1994 calendar of City Council meet'ings and holidays. Thank you for your consideration of this matter. VW1/B: rsc 24 RESOLUTION NO. - 1993 RE30LUTION DESIGNATING TIME AND NIIMBER OF COUNCIL MEETING8 WHEREAS, Section 3.01 of the Charter of the City o� Fridley requires that the City Council meet at a fixed time not less than once each month; and WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the Council shall meet at such times as may be prescribed by resolution; and WHEREAS, it is the intent of the Council to comply with the open meeting provisions contained in Minnesota Statutes 471.705 as interpreted by the courts; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that: 1. The Council will hold regular meetings in the Council Chambers of the Fridley Municipal Center, commencing at 7:30 p.m. on the followinq dates in 1994: January 3, January 18, February 7, February 22, March 7, March 21, April 4, April 18, May 2, May 16, June 6, June 20, July 11, July 25, August 1, August 15, September 6, September 19, October 3, October 17, November 7, November 21, December 5 and December 19. 2. The Council will hold conference meetings at the Fridley Municipal Center, at which time matters are discussed but no formal action is taken, commencing at 7:30 p.m. on the following Mondays in 1994: January 31, March 28, April 25, May 23, July 18, August 22, October 24 and November 14. 3. On the dates of regular Council meetings, conference meetings will be held in the Fridley Municipal Center at 7:00 p.m. and following adjournment of each regular meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF DECEMBER, 1993. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK 24A _ _ � 1994� " City of Fridley S M T W T F S 1 2 Q 4 5 6 7 8 9 10 11 12 13 14 15 16 �� 19 20 21 22 23 26 27 28 29 30 1 February S M T W T F S 1 2 3 4 5 6 0 8 9 10 11 12 13 14 i5 16 17 18 19 20 ,'!� � 23 24 25 26 27 28 March S M T W T F S 1 2 3 4 5 6 Q 8 9 10 11 12 1 16 17 18 19 ZO 22 23 24 25 26 27 29 30 31 S M T W T F S �, 2 3 04 5 6 7 8 9 10 i9 12 13 14 15 16 17 19 20 21 22 23 24 26 2"% 28 29 .�0 May S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 � 17 18 19 20 21 22. 24 25 26 27 28 29 :dQ 31 S M T W T F S i 2 3 4 5� 7 8 9 1 11 12 13 14 15 16 17 18 19 21 22 23 24 25 2s 2� 2e zs so January 3 Cuy Cwrcil Meelio� 17 Martia I.uthar Kirg lr. Dey �a cu• c�u e�� s� cuy Couocil Cwdamoa tdeain6 February � c�uy �,�;t tu«u� 21 Washiragton-Lincola Day 22 Cny Camr.91 Meai� March 7 Cuy Cwocil Meetio` 12 - IS NLC CONGRESSIONAL C17Y CONF. (WASHING'1'OM 21 �q Cwrcil Meaint zs ati c�i c�t«� M«�� April 1 Good Friday a cuy c�� M�a� IS Cuy Cauwil Meeting ?S Ciry Cw�r.til Confamce Merting May 2 C'uy Camcil Matinp 16 �ty Council M«t'v�g zs cty c�,;i c.�t� M«� 30 Momorial Dey June 6 Cuy Ca�ocii Meetin; 7- IO IMC CONFERENCE (SI'. PAUL) �3 �e et is a�a w«t s�. ZO �ry Cwrcil Maexin� July a rna�,a�„a nay I1 Cuy Ca�ocil Maaios IS �ry Cwrcil Confarmee M«ting 25 C�ty Cawnit Meeing . August i c'uy cwa;t tit� 15 Cuy Caa�cit Meauig 22 �q Cwncil Coo[amce MeeNg September s r,� nay 6 Cuy Cwncil M«�'u�g 18 - 22 K:MA CONFERENCE (CHICAGO) 19 �ty Caimcil Maa� October 3 ciry Cauncil Merto� . ]0 Columbus Day n ary c�a bt«� 24 C�ry Cauocil Cod'e�ar�e Meaing November 7 City Cau+cil Maaing 11 VCtC�'d08 jiAj' 14 City Couocil Coofa�a�ce Meeting 21 Cay Couecil Maaing z4 Ta,�.�g nay 25 Fiiday aRa� 77�anksgiving December 1- 4 NLC CONGRESS OF CfIIES CONF. (MINNEAPOUS) S Cay Camcil Maaing 19 Crcy Cwecil Moet'u�g . Zi1 �1119�II]A9 S M T W T F S 1 2 3�( 5 6 7 8 9 10 1 12 13 14 15 16 17 19 20 21 22 23 24 26 27 28 29 3p 31 August S M T W T F S 2 3 4 5 6 7 8 9 10 11 12 13 14 � 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 September S M T W T F S 1 2 3 4�� 7 8 9 10 11 t2 13 14 15 16 17 18 1 1 23 24 25 26 27 28 29 30 S M T W T F S 1 2� 4 5 6 7 8 9 1t 12 t3 14 t5 16 18 19 2i1 21 22 zi 2 zJ 2s 2% �s 2� 30 31 November S M T W T F S 1 2 3 4 5 6 7 8 9 10 �( 12 13 1 15 16 17 18 19 20 22 23 i!� 'j( 26 '17 '28 � .� December S M T W T F S li'--�-3� � 05 6 7 8 9 t0 11 12 13 14 15 16 17 18 � 20 21 22 23 24 25 � 2� 2s 2s so 31 12/7/1993 X - Holiday O - Council Meeting ,24g ❑ - Conference Meeting / _ CINOE F'RIDLEY MEMORANDUM Municipal Center 6431 University Avenue N.E. Fridley, MN 55432 (612) 571-3450 TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager ,�� DATE: December 9� 1993 Office of the City Manager William W. Burns SUBJECT: Legal Services Agreement - Barna� Guzy & Steffen, Ltd. Attached is the legal services agreement between the City of Fridley and Barna, Guzy & Steffen, Ltd. The only major change in the agreement is that the hourly compensation has risen from $85.00 to $87.50 (or by approximately 3 percent). The term of the agreement is from January 1, 1994, to January 8, 1995. Staff recommends that Council approve the agreement. Thank you for your consideration. WWB:rsc 25 LEGAL SERVICES AGREEMENT THIS AGREEMENT, dated this 13th day of December, 1993, by and between the City of Fridley, a public body corporate and politic under the laws of the State of Minnesota, (hereinafter the "City"), and Barna, Guzy & Steffen, Ltd., a Professional Corporation, (hereinafter referred to as the "Attomey"). WHEREAS, the City desires to have the Attorney perform general legal services; and, WHEREAS, the Attorney is agreeable to performing said services under the following terms and conditions; NOW, THEREFORE, it is hereby agreed by the parties hereto as follows: 1. Term of Agreement: This agreement shall be effective January 1, 1994, and extend through January 8, 1995. 2. Scope of Legal Services: Services required for general legal representation will include, but are not limited to, the following: A. Attendance at regular City Council meetings and other City/committee meetings as requested. B. Drafting ordinances and resolutions as requested. C. Availability to answer staff questions by telephone. D. Meeting with and advising the City Council, City Manager, department managers, and other designated individuals on general legal matters. E. Reviewing municipal contracts as requested. F. Representing the City at eminent domain proceedings. G. Researching and submitting legal opinions on municipal or legal matters. H. Defending the City on atl litigation except in those cases in which insurance companies are required to provide defense. 25A I. Reviewing bond and insurance requirements for City contracts or activities. J. Preparing reports on the status of City litigations at the request of the City Manager. K. Reviewing documents submitted by bond counsel involving the issuance of debt or debt related instruments. L. Providing opinions as required. M. Communicating with the City Manager and city staff by electronic mail. The City will provide, at its expense, the necessary hardware so that the electronic mail system used by the City and by the Attorney are compatible. Such hardware shall remain the property of the city and at such time as the Attorney no longer represents the City, such hardware shali be returned to the City. 3. Fee for Legal Services: The City will compensate the Attorney at the rate of $87.50 per hour. Paralegals will be billed at the rate of $60.00 per hour. The minimum increment of time to be billed for telephone calls or other services is 1/10th of an hour. Out of pocket expenses will be billed to the City at the same amount as incurred by the Attorney. Such out of pocket expenses will include, but are not limited to, the following: A. Filing fees. B. Long distance telephone calls. C. Facsimile expenses. D. Messenger service. . E. West Law expenses. F. Court reporters and other deposition expenses. G. Expert witness fees. 4. Responsible Attorneys and Staff: All attorneys and staff employed by the Attorney are available to perform legal work for the City. Virgil Herrick, Gregg Herrick and Jim Hoeft will do the principal municipal work. Darreli Jensen and Joan Quade will be responsible for the City litigation. Other attorneys, paralegals and law clerks will be used as � 25B needed. The assignment of responsibilities and coordination of the legal work will be done by Virgil Herrick. 5. Billing Frequency and Format: The Attorney proposes to bill on a monthly basis and to use the billing format that has been used between the parties for previous service. This format will identify the attorney or paralegal performing the service, the amount of time expended in increments of 1/10th of an hour and will itemize the work being performed. The attorneys will submit one statement for general legal work and individual statements for separate litigation files. At the request of the City, the attorneys also will submit a separate statement for designated projects. 6. Conflict of Interest: The Attorney shall not accept any client or project which places it in a conflict of interest with services provided to the City. If a conflict of interest is discovered, the Attorney will take the necessary steps to comport its representation of the City with the Lawyers Code of Professional Responsibility. 7. Assignment of Agreement: The Attorney will not assign its interest in this Agreement without the prior written consent of the City; provided, however, that it is agreed that if Virgil Herrick shall cease being an employee of Barna, Guzy & Steffen, Ltd., that the City may assign this Agreement to Virgil Herrick. IN WITNESS WHEREOF, the said parties have signed this Agreement the day and year first written above. CITY OF FRIDLEY By William W. Burns City Manager STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of December, 1983, by William W. Burns, the City Manager of the City o� Fridley, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the Corporation. - Notary Public K3 25C IN WITNESS WHEREOF, the said parties have signed this Agreement the day and year first written above. BARNA, GUZY & STEFFEN, LTD. By i� STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 199 , by , the o�arna, Guzy & Ste en, Ltd., a Pro essional Corporation, on behalf of the Corporation. THIS INSTRUMENT WAS DRAFTED BY: Barna, Guzy & Steffen, Ltd. Attorneys at Law 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894 (612) 780-8500 � 25D Notary Public 26 27 � � FOR CONCURRENCE BY THE CITY COUNCIL JNOF �RlDtEY rA� SERVICES ' D1ViS Plumbing Services Inc PO Box 47381 _ Plymouth MN. 55447-0381 George Hoff Gopher Heating & Sheet Metal Inc 4815 123 St W Savage MN 553i8 Thrane Inc �6ao w 2� st #zo2 St Louis Park MN 55426 Jim Zilka Robert,Thrane C�ENERAL CONTRACTOR-COMMERCIAL NewMech Companies Inc 1633 Eustis St Lauderdale MN 55108-1288 Larry Jordan C�ENERAL CONTRACTOR-RESIDENTIAL Ching Johnson Builders (3409) 3507 W 50 Street Minneapolis MN 55410-2193 Kevin Marier ,�EATING Gopher Heating & Sheet Metal Inc 4815 123 St W Savage MN 55378 Jim Zilka Thrane Inc 7600 W 27 St #202 St Louis Park MN 55426 Robert Thrane PLUMBING ABC Piumbing Inc 6833 Blaisdell Ave S Richfield, MN 55423-2328 Coppin Plumbing 2300 Chateau Ln Mound MN 55364 DMS Plumbing Services Inc PQ Box 47381 Plymouth, MN 55441-0381 William Svejda Lance Coppin George Hoff : LICENSEB GARY FORD BldglMech Insp Same Same THCIMAS BLAZINA Chief Bldg Ofcl STATE OF MINN GARY FORD Bldg/Mech Insp Same STATE OF MINN Same Same ,��GN ERECTOR Simon Signs Inc 2290 212 Ave NW Cedar MN 55011-9253 Andrew Spies �;� THOMAS BLAZINA Chief Bldg �fcl 29 � CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENuiNEERfNG DiVIS10N 6431 University Avenue N.E. Fridley, Minnesota 55432 December 13, 1993 Honorable Mayor and City Council City of Fridley cJo William W. Bums, Gity Manager 6431 Uniyersity Avenue N.E. Fridley, MN 55432 Council Members: CERTIFICATE OF THE ENGIN�ER We hereby submit the Final Estimate for Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 245, for Gunderson Bros Cement Contractors, 1nc., 2235 Snelling Ave, Minneapolis MN 55404. We have viewed the work under contract for the construction of MisceUaneous Concrete Cur;b, Gutter and Sidewalk Project No. 245 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on December 10, 1993. Respectfully submitted, John G. F1ora Director of Public Works �ST: cz Prepared Checked ' '� December 13, 1993 City of Fridley MISCELLANEOUS CONCRETE CURB, GUTTER & SIDEWALK PROJECT NO. 245 PREVAILING WAGE VERiFICATtON This is to certiiy that Cunderson Bros Cement Contractors, inc. has abided by the Prevailing Wage �Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correcf. GUNDERSON BROS CEMENT CONTRACTORS, INC. _ � � , ��-� �. j �--�� . �- Dan Gunderson, President �:� December 13, 1993 City of Fridley MISCELLANEOUS CONCRETE CURB, GUTTER & SIDEWALK PROJECT NO. 245 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actualiy furnished and done for the above-.mentioned projects in accordance with the pians and specifications heretofore approved. The finai contract cost is $26,178.50 and the final payment of $3,406.98 for the improvement project wouid cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statemen# is just and correct. CUNDERSON BROS CEMENT CONTRACTORS, INC. , � � -2 ;� i� .__ -.� , ,__ _ Dan Gunde'rson, President 29C December 13, 1993 To: Public Works Director City of Fridiey REPORT ON FiNAL INSPECTION FOR CITY OF FRIDLEY MISCELLANEOUS CONCRETE CURB GUTTER & SIDEWALK PROJECT NO 245 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. } All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the finaf inspection that being December 14��h.992. Jon Z:�am�on. ConstructionUnspector 1�� / " �J"'��C'-.---�— �r Repyesentative, (Title) 29D ESTIMATE WORKSHEET FOR: 1993 MISCELLANEpUS CONCRETE CURB GUTTER 8c SIDEWALK CITY OF FRIDLEY ENGINEERING DEPARTMIIV'T 6431 UNNERSTTY AVENUE N.E FRIDLEY, MN. SS432 ESTIMAI'E NO. 7 (FINAL) GUNDERSON BROS.CEMENI' CONTRACTORS ING 2235 SNELLING AVII�IUE MINNFIIPOL.IS MN.55404 DATE: December 13,1993 552-0000-415-4530-9_305 CONTRACT TI'EM SIREET WATER SEWER OTHER ESCROW OTHER TOTAL #181 #408 #438 PED.RPS. #59b HRA FT FT FT FT FI' F I' FT S � S S S S a 1. Remove and Replace Concrete Ci�rb & Gutter Quantity this Fstimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Amount this Fstimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Quantity 594.00 14200 177.00 200.00 250.00 0.00 1,363.00 Total 6,68250 1,597.50 1,991.25 2,250.00 2,81250 0.00 15333.75 2. Remove and Replaoe Concc+ete Gl�rb & Gutter (less than 85 lineal feet) Quantity this Fstimate 68.00 0.00 0.00 0.00 Z0.00 0.00 88.00 Amount this Estimate 833.00 0.00 0.00 0.00 245.00 0.00 1,078.00 Total Quantity 68.00 0.00 60.00 40.00 58.00 0.00 226.00 Total 833.00 0.00 735.00 490.00 71050 0.00 2,7b8S0 3. Construct S ft wide (4" thick) Sidewalk _ Qaantity this Fstimate 205.00 0.00 0.00 441.00 0.00 0.00 646.00 Amount this Fstimate 358.75 0.00 0.00 771.75 0.00 0.00 1,13050 Total Quantity 1,630.00 986.00 0.00 1,855.00 0.00 0.00 4,471.00 Total 2,8S2S0 1,72550 0.00 3,246.25 0.00 0.00 7,824.25 4. Conctruct Valleg Gutter Quantity this Estunate 0.00 0.00 0.00 0.00 0.00 - 0.00 0.00 Amount this Estimate 0.00 0.00 0.00 0.00 " 0.00 0.00 0.00 Total Quantity 21.00 0.00 0.00 0.00 0.00 0.00 21.00 Totai 25200 0.00 0.00 0.00 0.00 0.00 25200 TOTAL �10,620.00 �3323.00 �2,726.25 55,986.25 $3523.00 �0.00 526,17850 THE FOLLOWING AMOUN'I'S ARE TO BE CHARGED TO EACH ACCOUNT FOR THIS ESTIMATE: Street (101-06-64-435-4340-6351) Water (601-73-00-415-4340) Sewer (602-78-00-415-4340) Park (101-06-64-435-4340-6359) Escrow (501-00-00-415-4340) HRA (2'i6-37-00-415-4340) Other(101-06-64-435-4340-6353) Ped. Ramps $1,931.48 0.00 0.00 0.00 345.00 0.00 1,130.50 TOTAL a3,406.9g 29E To: HONORABLE MAYOR and CTTY COUNCIL CTTY OF FRIDI.b'Y 6431 UNNERSTTY AVENUE N.E FRIDLEY, MINNF.SOTA 55432 CTTY OF FRIDLEY ENGINEERING DEPARTIv�NT 6431 UNNERSITY AVENUE N.E FRIDL.EY, MN. SS432 ES"I'IMAT'E NO. 7 (FINAL) DATE: DECF.MBER 13,1993 FOR: Gunderson Bros. Cement Contradots Inc. 2i25 Snelling Ave. Minneapolis, MN 55404 PROJECT:1993 MISCELiANEOUS CONCRETE PROJECT NO. 245 CURB, GUTI'ER & SIDEWAI.K � QU TOTAL ESTIMATED UNTT THIS THIS TOTAL TOTAL CONTRACT TTEM QUANTTI'Y PRICE UNiT ESTIMA ESTIMATE QUANTITY AMOUNT 1. Remove and Replace Concrete 11.25 Lin. Ft 0 0.00 1,363 15,333.75 G�rb & Gutter 2. Remove and Replace Concrete 12.25 Lin. Ft 88 .1,078.00 226 2,768.50 C�rb & Gutter (less than 85 lineal feet) 3. Construct S ft wide (4" — — 1J5 Sq. Ft 646 1,1_'i0SO 4,471 7,824.25 thick sidewalk) 4. Construct Valley Gutter 12.00 Lin. Ft 0 0.00 21 252.00 TOTAL COMPLETED TO DATE 2,208.50 S2b,178S0 ESTIMATE SUMMARY: Original Contrad Amount Contrad Eldditions Contract Deductions Revised ContractAmount Value Completed To Date AmounL Retained (0%) Amount Paid To Date AMOUNT DUE THIS ESl'IMA'TE 29F �34,902.50 0.00 0.00 34,90250 26,17850 0.00 22,771.52 53,406.98 CERTIITCATE OF THE CONTRACTOR I hereby certify that the work performed and the materials supplied to date under terms of the contrad for the refertnced project, and all authorized changes thereto, have an actual value under the contract of the amounts shown on this estimate {and the fmal quantities of the fmal estunate are comed), an t this estunate is jusi and correct and no part of the "AMOITNT DUE THIS FS"I'IMATE" has n reciev . � BY �- ti_ Date t � / � /� Contractor's AuthoriTed Representative (Tide) � CERTIFICATE OF THE FNGINEER I hereby certify that I have prepared or ezaznined this estimate, and that the contractor is entifled to payment of this estimate under the contract for referenced project - -� � . � � .�� . � ��l�t�. � �� J_� . �.._ 29G Date � /�� R��ny su��t�a, � J . Flora, P.E tor of Public Works